Opinion
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A free press and freedom of speech are fragile rights
13th Jun 2019Greg Barns reflects on last week's police raids of the homes and workplaces of journalists and what this could mean for freedom of speech and freedom of the media.
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Justice reinvestment: Key to reducing Indigenous incarceration
6th Jun 2019Professor Tom Calma AO makes the case for justice reinvestment: a community-led, data-driven and place-based alternative to incarceration.
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NSW notional estate provisions – helpful for some victims of financial elder abuse
30th May 2019Danielle Little advocates for Queensland and other Australian states to follow New South Wales in allowing family provision applications in wills and estate matters.
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Barristers Beware! Who is liable for your fee?
23rd May 2019Decisions of the Supreme Court of Victoria in the past few months highlight the need for barristers to be aware of the small steps that can enable the litigating client, as opposed to their instructing solicitor, to be liable for their fees.
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Regional justice under threat
16th May 2019With the South Australian justice system facing further funding cuts in the upcoming June budget, Amy Nikolovski explains why regional court services must be protected.
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Photography and the law – when is it illegal to take a photo?
9th May 2019Geoff Baldwin explores the rapidly changing nature and capabilities of modern photography and the laws surrounding it.
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Perspectives on a taxation of costs in the Federal Court of Australia in 2019
2nd May 2019Romaine Abraham explores the Federal Court's current interpretation of the Federal Court Scale of Costs.
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A public register of child sex offenders will do more harm than good
18th Apr 2019Greg Barns argues against Peter Dutton's proposal to establish a National Public Register of Child Sex Offenders.
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AHPRA, OHO and no further action – Do I have a claim?
11th Apr 2019What happens when the Australian Health Practitioner Regulation Agency (AHPRA) and Office of the Health Ombudsman (OHO) confirm that they are not taking a matter further, that there is no case to answer or that they believe the treatment by the health organisation or health practitioner was appropriate? Does this mean that the legal case should be abandoned? If the regulatory body is not critical of the health organisation or practitioner’s conduct, what is the claimant’s chance of succeeding in a medical law claim?
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The poker machine case: Guy v Crown Melbourne Limited (No. 2) [2018] FCA 36
4th Apr 2019Ngaire Watson discusses the case of Guy v Crown in which Ms Guy brought actions for misleading and deceptive conduct and unconscionable conduct under the Australian Consumer Law.
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The re-opening of Christmas Island: Two steps back
28th Mar 2019Following the Senate's passing of the Medevac Bill – which will provide clinical pathways for detainees requiring medical care and ensure that authorities are compelled to determine whether a patient may be transferred to Australia for treatment within 72 hours – the Australian government has announced its intention to re-open the detention centre on Christmas Island.
Kathryn Schmidt discusses the human rights implications of these political actions.
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Intentional torts and certificates of assessment under the Wrongs Act
21st Mar 2019Angela Sdrinis explores the effects of the Wrongs Act 1958 (Vic) on victims of sexual assault seeking to claim pain and suffering damages, with a particular focus on the recent case of Thompson v State of Victoria [2019] VCC 166.
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Legal professional privilege is a crucial element in maintaining the rule of law
14th Mar 2019Amy Nikolovski discusses the roundly condemned actions of Melbourne's 'Lawyer X', Nicola Gobbo, and the importance of legal professional privilege.
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Victoria must now act on Pell's Melbourne Response compensation scheme
7th Mar 2019Dimi Ioannou calls for reform of the Victorian sexual abuse compensation scheme, particularly in light of George Pell's recent conviction.
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Royal Commission into Aged Care Quality and Safety
28th Feb 2019An overview of the structure, composition and intended objectives of the Royal Commission.
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Gender dysphoria in Australia: The judicial response in Re Kelvin
21st Feb 2019Greg McAllister discusses the case of Re Kelvin and its implications for Australian minors with gender dysphoria who wish to commence hormone therapy.
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Are men still determining women's human rights? (part 2)
7th Feb 2019Anna Kerr discusses the outcomes of Australia's 2018 report to the UN’s Committee on the Elimination of Discrimination against Women (CEDAW) and how the government’s failures have undermined the human rights of Australian women.
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Are men still determining women's human rights? (part 1)
31st Jan 2019Anna Kerr explores whether women's rights are adequately represented and protected by international human rights law. She details the history and shortcomings of various international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women.
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Gig economy decision – Fair Work Commission finds delivery riders are employees
24th Jan 2019Sam Vasaiwalla explores the implications of the Fair Work Commission's decision in Joshua Klooger v Foodora Australia Pty Ltd [2018] FWC 6836.
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Can fintechs lessen financial stress for low-income employees?
16th Jan 2019An exploration of ‘employer-based’ fintechs and how the impact of their services may be a win-win for both financially stressed employees and cost-conscious employers.
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