The ART’s court-like features raise constitutional questions. This competition-winning essay discusses why it remains an executive body, not a court.
By Anthony Ma - 8 min read
Our Committees discuss the definition of a ‘terrorist act’, the Native Title Act 1993, our youth justice and incarceration system, client legal privilege and more.
By The Law Society Policy and Practice Department - 1 min read
A structured three-step methodology for quantifying the value of litigation, enabling you to give precise advice on settlement decisions.
By Hugh Stowe - 2 min read
Lawyers and passionate animal advocates attended the recent 2022 Animal Law Conference to discuss various topics including the current legislative framework and its limitations.
By Simon Brannigan, Leanne O'Reilly and Devina Verma - 3 min read
Understand the important elements of the new regime and how lawyers can ensure compliance and manage climate risks.
By Ilona Millar and Lily Morton - 2 min read
With Australia’s new merger regime mere months away, make sure you understand how its key features and pitfalls will affect your practice.
By Jacqueline Downes - 2 min read
Judicial scepticism, fractured reasoning and shifting tests marked 2025, leaving the implied freedom’s coherence and future direction in question.
By Dr Jemimah Roberts and Dr Shireen Morris - 1 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
Can incorporated practices claim costs for their own lawyers? Two recent cases test the limits and raise further questions.
By Matthew Lo and Mary Tabaco - 2 min read
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.
By Katherine Whitworth and David Wong - 2 min read
Recent judgments address ambiguities in proving ‘immediately before or after’ harm and correct misconceptions about how totality applies to fine‑based sentences.
By Thomas Spohr - 1 min read
A data breach, a dark web ransom and a landmark case. Hear from the firm that pioneered the strategy reshaping responses to cyber ransoms.
By Andrew Miers, Zoe Tishler and Luke Roper - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
The FWC can now scrutinise business models, outsourcing and risk appetite when judging redeployment feasibility.
By Jack de Flamingh and Johanna Rusden - 2 min read
Sweeping amendments—new objects, new authorities and streamlined pathways—reorient the NSW planning system toward proportionality, productivity and housing.
By Anneliese Korber and Phoebe Saxon - 1 min read
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
From void financial agreements to anti‑suit disputes and unusual separation facts, recent judgments illustrate the breadth of issues shaping family law.
By Craig Nicol and Keleigh Robinson - 1 min read
Delayed diagnosis leaves families unprepared for legal decisions, highlighting the need for structured guidance on planning, supports and capacity.
By Professor Nola Ries and Associate Professor Fiona Kumfor - 1 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
The Judiciary and Parliament continue to clash on the latter’s power to punish which is vested exclusively with the courts.
By Emily Hammond - 2 min read
Commonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min read
A look at the insurance landscape as COVID-19 business interruption cases begin to mount in the courts.
By John Van de Poll and Stephanie Carter - 2 min read
In ruling against the ATO, the High Court stressed a few key points that hint at how diverted profits and royalty withholding tax should be…
By Hugh Paynter, Ryan Leslie, Toby Eggleston and Naison Seery - 2 min read
In many ways a microcosm for the international rules-based order, what does the ailing Antarctic Treaty System say about treaty-based law broadly?
By Donald Rothwell - 2 min read
BQ v The King demonstrates an expanding scope for counterintuitive evidence and clarifies how expert context guides juries without straying into vouching.
By Dr Ian Freckelton AO KC - 2 min read
Australia’s media regulation has barely changed the landscape—so what should lawmakers really be trying to protect in a digital-first world? by MICHAEL BRADLEY
By Michael Bradley - 2 min read
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
New research urges us to rethink what it means to be a duty lawyer and suggests this could address many issues in criminal justice.
By Ray Nickson and Alice Neikirk - 1 min read
Expert evidence, collateral information and practitioner insight together form the foundation of a defensible capacity assessment in civil proceedings.
By Alex Morrison - 2 min read
BQ v The King demonstrates an expanding scope for counterintuitive evidence and clarifies how expert context guides juries without straying into vouching.
By Dr Ian Freckelton AO KC - 2 min read
Can gossip be news? Explore how Australia’s new privacy tort challenges media freedoms and redefines journalism in the age of celebrity and digital storytelling.
By Matthew Richardson SC - 1 min read
A simple conveyance unravels after a trust structure is missed, revealing how section 18(3) and Revenue Ruling DUT010v2 can trap unwary practitioners.
By Michaela Schmidt - 1 min read
The latest cases underscore that settlement advice remains outside the immunity, but pleadings and evidence preparation often fall squarely within it.
By Natalie Polorotoff and Lucy Williams - 2 min read
A simple conveyance unravels after a trust structure is missed, revealing how section 18(3) and Revenue Ruling DUT010v2 can trap unwary practitioners.
By Michaela Schmidt - 1 min read
Can robots argue in court? A barrister weighs in on AI’s promise and pitfalls, and the irreplaceable role of human lawyers in justice. By LAINA…
By Laina Chan - 1 min read
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
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…
By Michael Selinger and Chloe Hamer - 2 min read
