Opinion
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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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Immigration lawyers acting for asylum seekers are ‘unAustralian’
20th Dec 2018A reflective essay that responds to this assertion.
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New sentencing laws in NSW
6th Dec 2018Practical information for criminal lawyers and their clients.
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What is testamentary capacity? A basic guide.
29th Nov 2018Some of the details and circumstances that must be considered to determine if a will-maker has/had the capacity to make his/her will.
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Benzene: The colourless killer
22nd Nov 2018Luke Perilli details the dangers and effects of exposure to benzene, described by the World Health Organisation as ‘a major public health concern’.
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Algorithms, artificial intelligence, automated systems and the law
15th Nov 2018The extent to which the rights of individuals are threatened by autonomated systems and the ability of the law to safeguard those rights.
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TAC amendments allowing professional administration fees may fail
8th Nov 2018A discussion of legislative amendments that will impact TAC claimants in Victoria.
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Damages for pain and suffering
1st Nov 2018Harry Gill discusses two Victorian decisions that explore the assessment of pain and suffering damages in personal injury cases.
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