Civil penalties: everything old is new again

A court considering a civil penalty is therefore permitted to take into account submissions on agreed penalties or, in the case of a contested penalty…

Wills and estates: March 2016

Reporting and analysisof the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.  

The latest from the High Court: March 2016

Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.

In memory of Thomas Victor Hurley

Barrister and long-time LSJ contributor, 15 February 1952 – 22 November 2015.

High Court considers state immunity and international pensions

Pension payments to former office holders of specialised agencies can be liable to Australian income tax. By STEPHEN TULLY.

High Court takes sentencing back to basics in The Queen v Pham

Sentencing principles must always be set out and carefully applied to the current case. Statistics from other jurisdictions may serve as a helpful yardstick but…

The latest from the High Court: December 2015

Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.

Developers, election funding and the implied freedom of political communication: the HCA weighs in

In the future, the High Court may seek to unify the various approaches to proportionality across a range of constitutional law areas such as interstate…

The latest from the High Court: November 2015

Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.

Proportionality and purposive constitutional powers

The principle of proportionality operates as a constraint on a purposive head of constitutional power. By STEPHEN TULLY.