‘Within the Confines’: Current issues in animal law

Lawyers and passionate animal advocates attended the recent 2022 Animal Law Conference to discuss various topics including the current legislative framework and its limitations.

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Ombudsman examines Government’s COVID-19 response

Expedited lawmaking processes were used to respond to the COVID-19 pandemic. The NSW Ombudsman reports on the Government’s response and the importance of external oversight.

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Criminal law: February 2025

Useful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.

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An old, oral, unwitnessed promise can be equivalent to a testamentary act

The High Court held a promisor need not engage in conduct encouraging reliance on that promise for it to be enforceable by a court.

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NCAT affirms application of transfer duty to variation of trust deed

A recent NCAT decision applies the new ‘beneficial ownership’ provisions in the context of discretionary trust variation.

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Family law: February 2025

Decisions addressing de facto relationship length, application of recent amendments and determining property value. By CRAIG NICOL and KELEIGH ROBINSON.

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Five ingredients: the recipe for a Human Rights Act

Despite much advocacy, human rights legislation has eluded NSW. What would it take for it to get over the line?

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The Pepsi case: did the Federal Court bottle it?

In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.

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Is it possible to make a public interest disclosure? New lessons for practitioners

How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.

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Negligence, precautions and risk of harm

Recent Court of Appeal decision confirms that strict principles apply when determining whether a defendant’s conduct was negligent and whether the conduct caused the plaintiff’s…

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Generative AI use: reducing the risks

Get around the main features of the Supreme Court Practice Note, including its prohibitions and the consequences of misuse.

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Not all perils are in the river

After a death, murky issues – like life insurance, residency and capital gains tax – can reveal themselves in surprising and costly ways.

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An old, oral, unwitnessed promise can be equivalent to a testamentary act

The High Court held a promisor need not engage in conduct encouraging reliance on that promise for it to be enforceable by a court.

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Duty of care to comply with work, health and safety requirements

Recent District Court decision examines the primary duties of an organisation and PCBU pursuant to work health and safety legislation. Penalties will increase from 1…

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