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Opinion
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Crackdown on facial recognition on social media
4th Aug 2022Last year ‘Facebook shut down its face recognition system and deleted faceprints of more than one billion people after protests about privacy and misuse’ but ‘a commercial company that takes people’s personal data without permission from the internet and links it through such facial recognition technology for profit is in breach of privacy under Australian law,’ writes Anneka Frayne.
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Independent contractor or employee? Why it’s a bit of a legal circus
28th Jul 2022Geoff Baldwin discusses a rapidly evolving area of law with ‘far-reaching consequences for payouts, job security and entitlements’, in light of two High Court decisions earlier this year.
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Preventing psychological birth-related trauma – knowledge matters
21st Jul 2022'With the recent archaic decision by the Supreme Court of the United States to overturn Roe v Wade, conversations about autonomy, health and medical care for women are more important than ever,' writes Brave Legal Associate Jyoti Haikerwal.
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Book review: After Story by Larissa Behrendt
7th Jul 2022Distinguished Professor Larissa Behrendt is a Eualeyai/Kamillaroi woman, legal academic, filmmaker and award-winning author of both fiction and non-fiction titles. In the Telling Hard Stories and Re-Grounding in Culture session at the South Coast Writers Festival last month, Larissa called After Story her most autobiographical novel to date. She also said she doesn’t think it’s amazing that Aboriginal people have survived for 65,000 years; she thinks it’s amazing that they’ve survived the last 200.
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‘My husband committed suicide due to a work-related injury; his employer should pay out the death benefit.’ Which case won?
30th Jun 2022‘A worker’s death by suicide does not necessarily prevent recovery of death benefits under the Workers Compensation Act,’ writes Di Branch. ‘Ultimately it depends on the facts of each case.’ In this particular case, the employer’s insurer denied liability and the widow lodged a dispute with the NSW Personal Injury Commission. So, which case won?
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Welcome to Immigrant, Inc.
23rd Jun 2022Immigration lawyer, activist, author and speaker Richard T Herman has been working to change the conversation on immigration, arguing that immigrants and foreign nationals, with their ingenuity and drive, are creating and maintaining jobs in ‘an era that will be defined by innovation, smart technology, and multicultural lifestyles.’
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Settling sexual harassment claims: Confidential or not?
16th Jun 2022‘Some Non-Disclosure Agreements go well beyond protecting the sanctity of the conciliation process or the confidentiality of the amount paid, and operate as a ‘gag’ order on the complainant about almost everything relating to the circumstances of their complaint. NDAs drafted in this manner involve a huge degree of overreach, which serves the interests of the perpetrator and/or their employer and their reputations, rather than the interests of the complainant.’ So writes Rachel Doyle SC – proposing an alternative approach that favours transparency and the broader public interest, particularly in cases where the perpetrator is a high profile individual.
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Can you put conditions in a will? Laws around conditional gifts and bequests in NSW
8th Jun 2022How capricious can a testator be? What if the conditions in their will are uncertain, difficult to achieve or in conflict with public policy? And when can a beneficiary take the money and run? Joshua Crowther answers some curly questions around conditional gifts and bequests, with reference to precedent decisions by judges on cases concerning religious freedom and racial discrimination.
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Representation matters: Why you should care about Reconciliation Week
2nd Jun 2022First Nations people are overrepresented in all the areas of the law that no one wants to be, and underrepresented in the areas where they should be thriving. Melia Benn reminds us to have the courage to put words into action, and stand up to the casual and blatant racism that First Nations people face both in their daily lives and when navigating the legal system.
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Uninsurable nation: Australia’s most climate-vulnerable places
26th May 2022‘While climate change affects all Australians, the risks are not shared equally,’ writes The Climate Council, who have just released a report, Uninsurable Nation: Australia’s Most Climate Vulnerable Places, along with a detailed Climate Risk Map of Australia. This article summarises their key findings.
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Four unique financial strategies for TPD claimants
19th May 2022‘Successful TPD claimants are in a unique position: they have full access to their super and can implement certain retirement strategies that most Australians can’t until they’re 60 or 65,’ explains Andy Reynolds – a member of the ALA Superannuation and Insurance Special Interest Group – outlining four strategies to save, preserve and maximise funds while maintaining flexibility.
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Shifts in the balance of power
12th May 2022'Housing should be available and accessible for everyone'. After 15 years as a Tenant Advocate at the Northern Rivers Tenants Advice and Advocacy Service, Amanda El Gazzar calls for a cultural shift and legislative change.
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Migration law and the best interests of the child
5th May 2022Abdullah and Fatima fled Afghanistan with their children after a Taliban attack killed their daughter and destroyed their home. While Abdullah has permanent refugee status in Australia, Fatima and their four children have been waiting for their family visa to be processed for more than four years. The family has now launched legal action against the Morrison government, claiming an unreasonable delay. John Bui examines the case through the lens of family law.
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‘No grounds’ evictions are unfair
21st Apr 2022‘The real power of the no grounds notice is its usefulness in keeping tenants from raising issues at all’, writes Leo Patterson Ross – CEO of the Tenants’ Union of NSW – diving into the problem of 'no grounds' evictions in fixed term tenancies to examine why and how reform attempts have, so far, fallen short.
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Can your boss use electronic surveillance to monitor you when you’re working from home?
14th Apr 2022The Workplace Surveillance Act 2005 (NSW) rules out undue intrusions and covert surveillance, but surveillance technologies are evolving faster than privacy laws – and booming. As many of us continue to work from home in the wake of the pandemic, Anneka Frayne ponders the issues.
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Failure to meet duty of care costs employer $120,000 for employee’s rolled ankle
7th Apr 2022If an employer has been alerted to a possible safety concern in the workplace, they must take it seriously, writes Emily Wittig, in light of Michel v Broadlex Services Pty Ltd [2020] ACTMC 2. According to the magistrate, the employer ‘knew or ought to have known that the circumstances giving rise to the risk of injury to the plaintiff were recurring’.
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TPD: Strengthening a claim and handling a mental health crisis
31st Mar 2022Nari Ali of Revolution Law discusses ‘common yet arguable declines’ from insurers and efficient ways to address them, and recommends pertinent mental health resources for lawyers supporting clients in Queensland and around Australia.
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The Morrison Government is proposing astounding discrimination against vulnerable aged care residents
24th Mar 2022'When our Parliament is presented with a Bill which removes fundamental rights and liberties from a discrete cohort of Australians only, a cacophony of objections may be expected' writes Rodney Lewis. 'In this case, however, the victims have no voice.'
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South Australia – No longer the rogue class action state
17th Mar 2022‘An intended purpose of representative proceedings is to give access to justice to people who cannot afford it,’ writes JE Rowe. But until recently, ‘access to justice was denied to vulnerable people in South Australia unless they could get funding or other access to funds to provide security for costs.’
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Tough new laws against image-based abuse
10th Mar 2022Online abuse, including so-called ‘revenge porn’, is mostly conducted against women – and it’s on the rise. Anneka Frayne discusses the new penalties for perpetrators, as well as bullies, trolls and social media giants who publish defamatory material.
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