Opinion
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How the term ‘coward punch’ won a $100,000 defamation payout
20th Feb 2020As Michael McHugh explains, language is a powerful tool – in society and in law. ‘Coward punch’ describes a characteristic of the perpetrator of such an act: that in hitting a defenceless person in an unprovoked manner, the actor is not only committing a violent act but also, distinctly, is contemptibly lacking the courage to act in a proper or fair way.
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Asbestos and other latent onset disease litigation: Tips and traps
13th Feb 2020As Martin Rogalski explains, given the complexities that lawyers invariably confront in cases involving asbestos disease and other latent onset diseases, some fundamental matters require consideration in every case.
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Law reform: Protecting the safety of Queensland mining workers
6th Feb 2020It is clear from a recent spate of deaths of mining workers that the resources industry has a long way to go to ensure its workers stay safe. The nature of the operations and sheer scale of the mining machinery used mean that when injuries occur in this sector, they are often very serious, and too often result in death where safe work practices have not been followed. Jason Monro supports moves by the Queensland government to extend the operation of industrial manslaughter laws introduced in 2017 to the resources sector.
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Why must women go unprotected from violent male neighbours?
30th Jan 2020Anna Kerr tells one women's story to illustrate just how our justice system is failing to fulfil its most fundamental purpose of protecting the vulnerable, and is also actively obstructing efforts to bring male perpetrators to account. She calls for greater societal recognition of male violence and better protections for women and children.
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Character test in s501 of the Migration Act 1958 (Cth) does not apply to Temporary Protection Visas
23rd Jan 2020As George Newhouse explains, a recent decision of the Federal Court has profound implications for anyone whose temporary protection visa application was refused or cancelled based on s501 of the Migration Act 1958 (Cth) and the Public Interest Criterion (PIC) in PIC 4001.
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Disputed statutory benefit matters – questions to ask your client
16th Jan 2020Although all disputed statutory benefit matters are different, as Margarita Fudim (Yerusalimsky) explains, there are some questions you should be asking your client in every case.
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Governments face a reckoning in the courts over climate change failure
9th Jan 2020In the midst of the bushfire catastrophe in Australia and in the shadow of the failure of successive governments to act on warnings by scientists, Greg Barns argues that it will only be a matter of time before the courts are forced to step in as they have done with Big Tobacco and Big Pharma.
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Three tips for kickstarting 2020 a happier lawyer!
12th Dec 2019As 2019 draws to a close, it is a good time to reflect on how we have managed the inevitable stresses that have arisen in our busy work lives and develop strategies for the year ahead. In this article, Clarissa Rayward, the recipient of the inaugural 2019 Minds Count Award for Individual Leadership in Legal Mental Wellbeing, shares some great tips.
Exciting news too, Clarissa will also be presenting at our 2020 Queensland Conference!
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The aged care Royal Commission’s three areas of immediate action are worthy, but won’t fix a broken system
5th Dec 2019There are no simple or quick fixes for the problems identified in the aged care Royal Commission's interim report, released in November 2019. Joseph Ibrahim calls on government to collaborate across ministerial portfolios to address the huge waiting list for home care packages, the use of chemical restraints in aged care facilities and the plights of younger people with a disability living in these facilities.
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The High Court proposes new rules about Aboriginal societies
28th Nov 2019Next week the High Court will hear argument on whether the common law’s recognition of customary native title logically entails the recognition of an Aboriginal society’s laws and customs, and in particular that society’s authority to determine its own membership, and whether there is a unique obligation owed to members of Aboriginal society. But have stakeholders been given enough time for meaningful intervention?
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Justice for survivors of institutional child abuse: how the NSW vicarious liability amendments shape up
21st Nov 2019Andrew Morrison RFD SC examines whether the reforms enacted by the Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 (NSW) will deliver the promised pathways for justice to survivors of child abuse in institutional settings.
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The other side of the Royal Commission into Institutional Responses to Child Sexual Abuse
14th Nov 2019Tom Percy QC shares his concerns about the perceived shift in community attitudes towards a presumption of guilt for individuals charged with historical sexual abuse offences, particularly where an alleged offence took place in an institutional setting. He contends that an accused person should have an unconditional right to elect a trial by judge alone.
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Cannabis bans are ignored — so ditch the law and save money
14th Nov 2019Greg Barns welcomes the ACT government decriminalising cannabis possession, and calls for cannabis law reform across Australia.
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Computer-generated letters and the law – uncertainty following ATO decision
7th Nov 2019Tony Mitchell considers a recent case that raises serious questions about the legal accountability of a government department, corporation or individual for computer-generated correspondence sent in their name.
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Acting for clients who have suffered a traumatic brain injury
31st Oct 2019Tom Goudkamp provides invaluable guidance for lawyers who are acting for clients with brain injury to ensure they recover the compensation they are entitled to.
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National industrial manslaughter legislation would save lives
17th Oct 2019Jasmina Mackovic repeats calls for a national approach to industrial manslaughter laws following the recent tragic death of a worker in Sydney’s Port Botany, pointing to the lack of consistency across jurisdictions and the NSW government's unwillingness to introduce its industrial manslaughter laws in NSW.
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NSW prison population and the new sentencing laws – an update
10th Oct 2019Mark Warren looks at the impact of the new sentencing regime in NSW, introduced in 2018, on the types of sentences being imposed in NSW. While all the data is not yet in, there appears to be a trend towards community-based sentencing, such as Intensive Correction Orders, and away from short-term prison sentences.
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Are there dual entitlements to annual leave and weekly workers compensation payments?
3rd Oct 2019Ashleigh Kemp reminds practitioners about the need to carefully review the annual leave entitlements of clients on weekly workers' compensation payments following the Full Federal Court decision in Anglican Care v NSW Nurses and Midwives’ Association [2015] FCAFC 81. She also provides some practical tips about calculating these, and considers other ways in which the dual entitlement can affect clients.
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Driverless dangers are here – and we need to be ready
26th Sep 2019Katie Minogue calls for national reform of existing motor accident injury insurance schemes to ensure that road users are adequately covered if they are injured by vehicles utilising ‘autonomous features’ such as adaptive cruise control, automatic emergency braking, lane-keeping assist and road-departure mitigation.
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Superannuation and TPD insurance: Ensure your clients don’t lose thousands of dollars in tax
19th Sep 2019Andrew Reynolds provides practical tips for personal injury lawyers practising in the areas of superannuation and TPD on how they can prevent their clients from making potentially costly decisions and help them to maximise their benefit.
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