Opinion
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Investigation reports and litigation privilege in motor vehicle accidents: Douglas v Morgan [2019] SASCFC 76
15th Aug 2019Natasha Budimski outlines the recent Supreme Court of SA decision Douglas v Morgan & Ors. This case directly challenged the ability of CTP insurers to assert legal professional privilege over investigation reports obtained early on in a motor vehicle accident claim, and ultimately make determinations on liability based on those reports.
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The next asbestos? Could Monsanto’s weedkiller Roundup cause cancer?
8th Aug 2019Tim Downie explores the growing litigation surrounding the effects of the weedkiller Roundup.
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Does ‘Never to be Released’ mean ‘life’?
1st Aug 2019Tom Percy QC explores six questions arising from the sentencing of Anthony Harvey, the first person in WA ordered by a judge never to be eligible for parole.
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Appearing before the Independent Commission Against Corruption (ICAC) – What you may need to know
25th Jul 2019Information and issues to consider when preparing to face an Independent Commission Against Corruption (ICAC) investigation in SA.
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Drivers lose out in insurance shake-up
18th Jul 2019The SA State Government’s recent rejection of a number of recommendations made by a parliamentary review into SA’s compulsory third party (CTP) scheme is bad news for injured motorists.
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Aboriginal group launches defamation case against Channel 7
11th Jul 2019Peter O’Brien represents a group of clients from the NT community of Yirrkala, who are suing Channel 7 in the Federal Court following a segment that was broadcast on Sunrise Breakfast. In June, Channel 7 attempted that argue that the community members’ Statement of Claim should be struck out.
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The high cost of preventable farm accidents
4th Jul 2019Justin Stack details some recent cases involving preventable farm accidents and emphasises the importance of farm owners and workers understanding their workplace safety rights and obligations.
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How to help your client without financial capacity
27th Jun 2019Jane Campbell discusses the recent ACT Supreme Court case of Williams v Hoang [2019] ACTSC 144 and provides top tips for plaintiff lawyers who are seeking to recover the cost of funds management.
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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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