RSS | Archives

  • Lawyer ‘bashing’ is not the solution

    30th Nov 2023

    On Monday we sent a Letter to the Editor of The Age in response to John Silvester’s article ‘The single greatest failing in Victoria’s justice system’ published in The Saturday Age on 25 November.

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  • The electrifying excision of an excise on electric vehicles - Vanderstock v Victoria

    23rd Nov 2023

    In a shift in the conversation about climate change and the energy transition, the High Court has found the section of the Act requiring electric vehicle drivers to pay an annual charge to the Victorian Government to be unconstitutional. Vaughan Hager unpacks the case.

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  • The first test for s29A of the Defamation Act 2005 (NSW)

    18th Oct 2023

    In Australia’s first full trial to test the new ‘public interest’ defence, the ABC has been defeated by former soldier Heston Russell, who sued for defamation over publications alleging he was involved in shooting and killing an Afghan prisoner while in command of the November Platoon in 2012. Barrister David J Helvadjian analyses the key points.

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  • Court of Appeal clarifies the extent of compromise required for a formal offer to be effective

    5th Oct 2023

    Travis Schultz summarises an important judgment containing a new legal principle. 

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  • Victoria needs a new independent police oversight authority – but to work what will it need to look like?

    21st Sep 2023

    To succeed, the new independent police oversight authority called for by many, and most recently the Yoorrook Justice Commission, will need new capabilities and new powers, including the power to obtain information directly from Victoria Police systems and the power to directly investigate potentially systemic issues, including over-policing of minorities, racism and cultural issues, such as sexual harassment. 

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  • Psychological injury claims after employer-implemented vaccine mandates

    14th Sep 2023

    Two recent decisions by the NSW Personal Injury Commission (PIC) have awarded compensation to workers who suffered a psychological injury as a result of their employer’s implementation of the public health orders that established mandatory vaccinations for education and care workers in 2021. Craig Joshua of Hall Payne Lawyers discusses the details. 

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  • Toothless tiger: Human rights committee sits helplessly on the sidelines

    31st Aug 2023

    In place of the highly recommended federal human rights act, Australia has a parliamentary committee without any real power, says Greg Barns SC. Since its formation in 2011, ‘there have been numerous examples of legislation and executive government policies which, if there were a human rights law in place, would have been subject to court challenge.’

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  • The legal wife, the de facto wife and the deceased estate – which case won?

    10th Aug 2023

    What happens after a man who led a double life dies? The deceased’s will assigned all of his property, worth $230,812, to his de facto wife. His legal wife took action and his de facto wife appealed. Elizabeth Hull of Stacks Law Firm provides expert commentary on the Court of Appeal's ultimate decision. 

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  • The boss no one wants to work for

    3rd Aug 2023

    'If the tightness of the labour market in a post-COVID world has taught us anything, it’s that to attract the right talent, we need to offer the right environment, good opportunities, and an appealing culture', writes Travis Schultz, encouraging self-awareness with a long and short list of don'ts for leaders, managers and bosses looking to boost morale and retain the right staff.

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  • Crackdown on social media influencers who fail to disclose payments

    27th Jul 2023

    Christopher Morris discusses the ACCC’s crackdown on ‘the ever-increasing number of manipulative marketing techniques on social media, designed to exploit or pressure consumers into purchasing goods or services’, with reference to Australian Competition and Consumer Commission v Employsure Pty Ltd.

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  • A bad week for public liability claims – but will it matter?

    20th Jul 2023

    Travis Schultz ponders three decisions handed down this week: Ballina Shire Council v Moore; Blue OP Partner Pty Ltd v De Roma and Townsville City Council v Hodges. 

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  • Victoria and Lawyer X

    12th Jul 2023

    ‘Confidence in the rule of law, in ensuring police act within the law, and that serious wrongdoing by public officials, including police, will be uncovered and punished, is essential in a democracy,’ writes Greg Barns SC, dismayed by the latest development in the Lawyer X scandal.

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  • Inclusivity: Not just a seat at the table

    6th Jul 2023

    ‘Within organisations and the broader community, we are still learning how to have conversations about nationhood, our collective history and so-called “Indigenous issues”.’ While Australia has been struggling with the modest concession proposed by the Voice to Parliament referendum, Nadia Elads has been pondering the meaning of inclusivity, and finding insight in the work of Dr Penny Taylor.

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  • Cullen v State of New South Wales: A landmark case on duty of care at protest rallies

    29th Jun 2023

    Jeremy King and Sophia Baldi of Robinson Gill Lawyers explore the implications and outcomes of an incident that transpired during an ‘Invasion Day Rally’ in January 2017, during which police breached a duty of care to bystanders while making an arrest, resulting in significant harm to the plaintiff.

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  • Personal injury lawyers and the audit of the NSWTAG

    22nd Jun 2023

    Financial advisor Jane Campbell expresses concerns about inadequate government funding and poor levels of service impacting some of NSW's most vulnerable people – concerns reinforced after reading the recent NSWTAG Performance Audit, concerns that reverberate across all states and territories. 

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  • Inventiveness of ChatGPT poses risk of defamation

    15th Jun 2023

    'The law is in a constant grey area when it comes to new technology that develops faster than laws can be updated', writes Mark Shumsky of Stacks Law Firm, discussing the whistleblower ChatGPT mistook for a criminal, and the difficulties in pursuing defamation actions against AI. 

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  • ‘Efficiently, honestly and fairly’ – the requirement to update medical definitions in insurance policies

    8th Jun 2023

    'One problem with using a medically described condition in an insurance policy is that it will capture a definition appropriate for when it is described but likely no longer useful a few decades later – which is the length of time a life insurance policy is designed for.' Dr Benjamin Koh discusses the importance of keeping such definitions up to date and the ramifications of Australian Securities and Investments Commission v MLC Limited [2023] FCA 539, in which the defendant was fined a penalty of $10 million for not doing so, among other things.


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  • Aboriginal and Torres Strait Islander young people in the justice system

    1st Jun 2023

    The youth justice system in WA is broken, but there are simple solutions, writes Alice Barter of the Aboriginal Legal Service of Western Australia, raising her voice to speak on behalf of young clients at Banksia Hill Detention Centre and Unit 18, who have been ‘unnecessarily criminalised due to trauma, poverty, disability, racism and over-policing’.

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  • Racial discrimination law, remedies, reform and the Racial Justice Centre

    25th May 2023

    ‘The present political landscape in Australia offers an opportunity for the overhaul of the existing racial discrimination law,’ writes Des Kennedy SC. ‘Legislative provisions are in urgent need of reform, change, rejuvenation and expansion to better achieve racial justice in our society … Public awareness and educative campaigns are important, but law reform is critical. This will give effect to the Labor Party’s commitment to combating racism and its impacts, and its condemnation of racism without reservation.’

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  • The convergence of tradition and law – cultural fishing and criminal justice

    18th May 2023

    'We must find a timely solution to protect cultural fishing practices and the wellbeing of Aboriginal and Torres Strait Islander peoples, ensure knowledge and customs continue to be shared with younger generations, and ultimately reduce the number of Aboriginal and Torres Strait Islander peoples in prison,' writes Dion Bull of Stacks Law Firm.

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