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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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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Current legal struggles for people seeking asylum in Australia
25th Oct 2018Dr Carolyn Graydon, Principal Solicitor and Manager of the Human Rights Law Program, Asylum Seeker Resource Centre presented this paper at the ALA National Conference on 19 October.
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Expert evidence: Traffic accident reconstruction reports and physical observations
16th Oct 2018David Cormack discusses the decision and reasoning in the recent case of Brown v Daniels & Anor [2018] QSC 209.
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Superannuation and TPD Insurance: Four things you should tell every TPD client
11th Oct 2018Giving TPD insurance claimants specific information early on can stop them taking action that is potentially financially damaging and encourage them to think about how best to maximise their claim should it be successful.
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Personal injury claims assisted by disruptive technology
4th Oct 2018An exploration of an innovative new software – now available to personal injury lawyers in Australia – that converts 2D MRI scans to accurate 3D models.
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Why your non-dental cavities may be of interest to the authorities
27th Sep 2018In the event that new legislation permitting searches for internally concealed drugs is passed in NSW, criminal lawyers and their clients will have to adjust to a changing legal landscape very quickly.
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Building an inclusive and responsible credit system in Australia: Three lessons from the UK
20th Sep 2018Dana Beiglari shares three successful initiatives which are used, in conjunction with law reform, to improve access to credit for UK consumers.
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Work deaths in Australia top 92 for 2018
13th Sep 2018An exploration of the worker fatality and serious workplace injury rates for 2018 so far.
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Beware of failing to establish the inferential reasoning required for causation
6th Sep 2018David Cormack discusses the decision and reasoning in Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182.
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Financial capacity meets the real world
30th Aug 2018Using real client scenarios as examples, Jane Campbell discusses a lawyer's role in determining their client's financial capacity and helping a client to assess their financial management options.
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Language barriers, informed consent and interpreters in medical care
16th Aug 2018The pitfalls that occur when patients and healthcare providers are unable to understand each other due to language barriers, and what can and should be done in such situations to facilitate communication.
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Modern slavery – what can be done?
9th Aug 2018Geoff Baldwin outlines and examines the Australian legal framework through which modern slavery - present in the production chains of goods sold in Australia - can be addressed.
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The return of Silicosis
2nd Aug 2018Luke Perilli discusses Silicosis, the incurable lung disease increasing in prominence among Australian stonemasons, and the duty of employers to minimise the risk of their workers contracting the disease.
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How are compensation claims calculated in Queensland?
26th Jul 2018An exploration of the factors that are considered when calculating the total sum of a compensation claim.
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Implementation of the Paramedicine Board of Australia
19th Jul 2018From September 2018, all paramedics across the country will be required to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) and complaints referred to the newly created Paramedicine Board, aiming to ensure the safety of the public from fake paramedics. Up until now there was no national standard for registration.
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Workers’ compensation system improves with access to free legal help
12th Jul 2018Justin Stack explores the proposed changes to the NSW workers' compensation scheme, changes that will improve access to legal representation for injured workers.
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Maternal rights must be recognised for the sake of children
5th Jul 2018Anna Kerr and Darelle Duncan discuss the move in NSW towards an increase in permanent adoption from foster care placements, and the negative implications this will have for children's welfare and maternal rights.
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Risk of death is more than a ‘blemish’
28th Jun 2018Queensland's workers’ compensation legislation supports workers who have been injured at work to get back on their feet, regardless of the cause of their injury. The exception to this is in relation to psychiatric injuries, in which case support can be denied in the event that an injury is caused by ‘reasonable management action’. Michelle Wright explores a recent case in which Industrial Commissioner Black has acted to limit the 'reasonable management action' exception.
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Emojis in litigation: Adding unpredictability and ambiguity to electronic communications
14th Jun 2018An exploration of the prevalence of emojis in modern electronic communications, and the increased legal analysis of what these emojis are intended to mean and/or imply.
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Filming an accident instead of helping – the law in NSW
7th Jun 2018A discussion of the NSW laws surrounding filming, and whether we owe strangers involved in an accident a duty of care.
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Can confidential medical records be subpoenaed in sexual assault claims?
31st May 2018Angela Sdrinis discusses a recent Victorian case that will be of particular interest to abuse lawyers, exploring the question of whether medical records which contain confidential communications can be subpoenaed in matters of sexual assault.
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Defamation actions: the high cost of social media posts, comments and ‘likes’
24th May 2018Seeking restitution for defamation in a world of social media.
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Can lease agreements be discriminatory?
17th May 2018An exploration of a recent case in which a non-compete clause in a shopping centre lease led to a discrimination complaint against a barber shop.
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Why private sector whistleblowers need better protection
10th May 2018Geoff Baldwin discusses the need for a comprehensive, Australia-wide scheme of private sector whistleblower protections as the public/private sector boundary continues to shift.
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Online alternative dispute resolution
3rd May 2018Michael Legg gives an introduction to Online Alternative Dispute Resolution (OADR), and discusses OADR's potential to extend access to justice and change the way in which disputes are resolved.
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How technological change is expanding open justice
26th Apr 2018Today, open justice is mediated not only by mass media, but by social media too. Courtrooms are more accessible than ever before. For the most part, this should be celebrated. But the expansion of open justice also poses real challenges for courts.
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Police accountability in Australia: Complaint mechanisms
12th Apr 2018What are the current police complaint mechanisms around Australia? And is Australia complying with its international obligation to ensure that perpetrators of human rights violations, and specifically those perpetrated by police authorities, are adequately held to account through an independent, effective and impartial investigation into their conduct?
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Sexual harassment in the legal profession
5th Apr 2018Adrienne Morton explores the prevalence of sexual harassment in the legal profession, and the ways in which it could and should be addressed going forward.
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A plaintiff need not be perfect
22nd Mar 2018The workers’ compensation system is a minefield for plaintiffs. Having to state and re-state your injuries, being interrogated about your pain, and having to convince people about and justify your restrictions, leaves the ground fertile for credibility issues.
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The NDIS and compensation
15th Mar 2018Tom Ballantyne gives an overview of the compensation claims process under the National Disability Insurance Scheme (NDIS).
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Hague Convention on the Civil Aspects of International Child Abduction
8th Mar 2018Is the Convention failing women and children escaping violence?
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Arresting assumptions of being 'in custody': R v Osborne-Horton (2017)
1st Mar 2018Paul Blake discusses what it means to be 'in custody'.
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How are costs assessed in your state?
22nd Feb 2018A practical guide to assessing costs in NSW, Queensland and Victoria.
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Security for costs: part 2
15th Feb 2018Read more about whether evidence of a policy from an ‘ATE’ insurer can suffice?
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Security for costs: part 1
8th Feb 2018Can evidence of a policy from an ‘ATE’ insurer suffice?
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How does the costs process work in your state?
1st Feb 2018The costs jurisdiction in every state works differently.
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Mental health and the reasonable person test
11th Jan 2018Historically, the law has had difficulty understanding and responding appropriately to psychiatric injuries.
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Personal Injuries Proceedings Act 2002 (Qld) health claims, s9 or s9A?
30th Nov 2017Confusion can arise as to the application of s9 and s9A of the Personal Injuries Proceedings Act 2002 (Qld).
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How are costs calculated in your state?
23rd Nov 2017Dipal Prasad and Romaine Abraham evaluate the pros and cons of the ways costs are calculated in various states.
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Costs disclosure before settlement: a nightmare with a dream solution
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The Queensland state election and personal injury entitlements
9th Nov 2017Michelle Wright investigates the impact the Queensland election may have on the rights of injured people to seek compensation.
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Calculating weekly payments of compensation
2nd Nov 2017Janet Tucci discusses the challenges of calculating compensation figures by analysing Stebbing v State of Victoria (Department of Education and Training).
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Bullied nurse wins $1.4m
18th Oct 2017Faran Gouldson discusses the case of Robinson v State of Queensland [2017] QSC 165 in which the plaintiff was awarded $1.4 million in damages.
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The use of secret evidence in criminal and civil proceedings
5th Oct 2017Court procedures aim to ensure fairness between parties. In criminal matters, the intention is to ensure that the party with the most to lose, the defendant, is assured a fair trial, to avoid punishing innocent people for crimes they have not committed. This requires setting out the case against an accused clearly enough that they can refute it. In civil matters, these procedures seek to ensure fairness between the parties, including ensuring that both sides have access to relevant evidence.
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Life as a regional plaintiff lawyer
21st Sep 2017The benefits and challenges of life as a regional plaintiff lawyer.
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Implications of the NDIS on personal injury compensation
14th Sep 2017The purpose of this article is to alert lawyers practising in the personal injury field to the implications of the introduction of the NDIS on clients entitled to receive compensation for their injuries.
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The Urogynaecological Mesh scandal
7th Sep 2017Approximately 50% of women who have had children will suffer some degree of pelvic organ prolapse. For thousands of those women, urogynaecological surgical mesh has been presented as a viable option. It is only recently that public has been made aware of the associated physical and psychological complications.
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Orthopaedic eponyms
31st Aug 2017This glossary explains some of the more commonly used eponyms to help those outside the medical profession better understand medical reports.
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Superannuation disability insurance: tips and traps
17th Aug 2017This article offers ten tips for successful total and permanent disablement (TPD) claims under insurance held through superannuation.
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Psychometric testing of malingering
10th Aug 2017Professor Ian R Coyle discusses the accuracy of Symptom Validity Assessment Tests (SVTs) in assessing the psychological status of litigants and identifying malingering
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Some traditions need to change: students and sexual abuse
3rd Aug 2017AHRC released a report on sexual assault and harassment of university students. The report details disturbing instances of sexual assault and harassment.
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The path of destruction runs deep
27th Jul 2017Queensland residents have certainly experienced their fair share of natural disasters. It is important that we give consideration to how the law can provide clarity and security to those affected.
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The language of the law
20th Jul 2017Lawyers are very analytical and very specific in their use of terminology. They choose their terms carefully and interpret them precisely. While such precision may seem to be a curious and even humorous idiosyncrasy to the lay-person, it can have a devastating effect on those seeking access to justice.
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Thaiday, RE [2017]: A review of the Mental Health Court system
13th Jul 2017Queensland Mental Health Court decides the case of Mrs Thaiday, charged with eight counts of murder.
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Linton Sayer v Melsteel in the Supreme Court of Victoria, June 2017
6th Jul 2017The plaintiff had been in continuous employment since the age of 16. He commenced employment with the defendant, as a boilermaker, in 2006. As and from 2008, Mr Savage became his supervisor and problems started to occur.
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Medical Treatment Planning And Decisions Act 2016 (Vic)
29th Jun 2017New legislation will come into effect on 12 March 2018 that will repeal the Medical Treatment Act 1988, and amend the Mental Health Act 2014.
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TAC's new client app: MyTAC
22nd Jun 2017The Victorian Transport Accident Commission has produced an app specifically designed for people injured in transport accidents.
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Connellan v Murphy [2017] VSCA 116
15th Jun 2017This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.
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How to protect your client's TPD money
8th Jun 2017There are simple strategies that can be implemented to make the most of any TPD claim, particularly minimising tax payments and maximising other benefit entitlements.
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TAC’s new rapid payment scheme
11th May 2017A most welcome and far-sighted scheme is about to be rolled-out by Victoria’s Transport Accident Commission (TAC).
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‘Special Financial Assistance’ for Victorian victims halved
4th May 2017The VOCAT can only offer victims of the worst crimes, with the worst outcomes, up to $10,000 for any grief, distress, trauma or injury.
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Melbourne wall collapse: compensation under the Sentencing Act
20th Apr 2017Recent compensation settlements involving the families of pedestrians killed by a wall collapse highlight a rarely used avenue of compensation: claims under the Sentencing Act 1991 (Vic).
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Workers compensation and human rights
13th Apr 2017Since the enactment of the Charter of Human Rights and Responsibilities (Charter) in 2006, it has been necessary for Victorian legislation to be compatible with the 20 basic human rights set out in the Charter.
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The slippery grape strikes again
6th Apr 2017The recent New South Wales District Court decision in Guru v Coles Supermarkets Australia Pty Ltd (2016) NSWDC 349 further illustrates the duty owed by supermarkets to lawful entrants to their stores.
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Why practitioners should review their TAC files
30th Mar 2017A recent Victorian decision which provides that up to $20,000 extra for lost earnings is available to victims of transport accidents where the conduct involved a crime.
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Racism is bad for business
23rd Mar 2017Proposals in the parliamentary committee report on s18C of the Racial Discrimination Act 1975 (Cth) to limit access to the Australian Human Rights Commission (AHRC) should be resisted.
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Withdrawing and substituting issued bills of costs: can it be done?
16th Mar 2017This article focuses on the rights of solicitors. In particular, whether or not solicitors have the right to withdraw an invoice issued to their client and substitute it with an itemised bill of costs claiming higher fees than the original invoice.
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Pain and psychological conditions
9th Mar 2017Pain and psychological conditions: ‘which comes first, the chicken or the egg’?
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Complex regional pain syndrome: a diagnostic challenge for clinicians
2nd Mar 2017Complex Regional Pain Syndrome (CRPS) is a condition that is frequently disputed in personal injury compensation claims. Even for clinicians who regularly see cases of CRPS it can represent diagnostic difficulties. For other clinicians who see cases of CRPS less frequently, it maybe wrongly referred to as Chronic Regional Pain Syndrome or Chronic Pain Syndrome.
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Pain medicine physicians and pain management programmes
23rd Feb 2017Pain medicine is a relatively new medical speciality that can be used to assess personal injury cases where pain is a major contributing component to impairment and disability. This article outlines the specialist training, examination and expertise that distinguishes pain medicine physicians from other medical specialists and the difference between a pain medicine physician and pain management programmes (PMPs).
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Nervous shock & psychiatric claims after the loss of a child
16th Feb 2017The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.
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Interim ban on ethanol burners after a spate of accidents & injuries
9th Feb 2017In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.
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Teen burn victim claims against party host
25th Jan 2017In 2013, a 16-year-old girl suffered third degree burns to 42% of her body at a house party when a teenage boy poured an accelerant on to an open fire at a house party. In July 2016, the Brisbane Times reported that the young woman is attempting to claim almost $12m in compensation for her ordeal.
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The first interview with injured clients
19th Jan 2017I’ve interviewed thousands of injured clients, some with minor injuries, and others with the worst injuries imaginable. Every interview is different.
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How is the PI compensation process affecting your client’s recovery?
12th Jan 2017The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.
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Liability to entrants to the family castle
7th Dec 2016The Supreme Court of Queensland’s decision in Chandler v Silwood [2016] QSC 90, delivered by Holmes CJ and recently upheld on appeal, further highlights the duty of care owed by owner/occupiers of family homes towards those lawfully entering the property.
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GP chaperones – is a review warranted?
30th Nov 2016The need for chaperones for medical practitioners in private practice has received a lot of media attention in the past few weeks. With attention-grabbing titles such as “Chaperone ordered for Canberra GP accused of “grooming” female patient’, and ‘Darwin doctor banned from examining women without supervision’, one would be forgiven for believing there was an epidemic.
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Continuing Detention Orders: When courts try to predict the future, we
21st Nov 2016Anna Talbot and Greg Barns discuss continuing detention orders and the legal twilight zone that occurs when courts try to predict the future.
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‘Nervous shock’ and the Hillsborough disaster: injustices remain
15th Nov 2016David Schwartz discusses the psychiatric injury 'nervous shock' and the tragedy of the Hillsborough disaster in Liverpool.
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Expert reports in comp claims: tips to avoid evidentiary traps P2
9th Nov 2016Benjamin Whitten writes part two of his expert report in compensation claims - giving tips to avoid evidentiary traps.
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Expert reports in comp claims: tips to avoid evidentiary traps P1
2nd Nov 2016Ben Whitten writes an expert report in compensation claims and gives tips to avoid evidentiary traps.
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Evidence shows crimes committed by our government on Nauru and Manus
26th Oct 2016Evidence of crimes committed by the Turnbull Government on Manus and Nauru is compelling, say Greg Barns and Anna Talbot from the Australian Lawyers Alliance.
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Cosmetic Surgery: the end of an unregulated medical specialty?
19th Oct 2016In recent years, there has been a dramatic increase in the amount of cosmetic surgery being performed in Australia. Cosmetic surgery is no longer only for the rich and famous; it is becoming more popular and accepted within the community at large. The increase in the availability of cosmetic surgery has led to stiff competition between providers, driving down prices.
With this increase in use, there have been a number of recently reported incidents where patients have suffered adverse reactions during cosmetic surgery procedures or from patients unhappy with the results of their surgery, which highlights the lack of regulation of the industry.
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Australia - A refugee policy to condemn not replicate
12th Oct 2016At the UN Refugee Summit in NY Australia’s Prime Minister, Malcolm Turnbull, stood in front of world leaders and claimed his government’s refugee policy was the best in the world. But many people in Australia will tell you that Mr Turnbull’s boasting was misplaced.
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Traumatising Incident (Workplace) – Employer’s Response Inadequate
5th Oct 2016Sarah Dreger discusses the case of Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195. In this case the District Court has awarded more than $450,000.00 to a young woman who developed post-traumatic stress disorder during the course of her employment as a residential carer for wayward youths. This was due to her employer's inadequate response to a traumatising incident that occurred.
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UN Refugee Summit NY: Turnbull breaks commitments
29th Sep 2016Anna Talbot and Greg Barns report on the UN Refugee Summit in New York and why the Turnbull Government's current approach breaks our commitment to the UN Refugee Convention.
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Changing Total and Permanent Disablement (TPD) Definitions
20th Sep 2016Historically, TPD definitions have usually been consistent with the definition of permanent incapacity under r1.03C of the Superannuation Industry (Supervision) Regulations 1994 which requires that the member’s ill-health render them unlikely to ever engage in gainful employment for which they are reasonably qualified by education, training or experience. However, insurers are increasingly amending their TPD definitions, because some stakeholders argue that too many claims are being paid out due to ‘generous’ TPD definitions.
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Abortion Decriminalisation (QLD) and International Human Rights P2
15th Sep 2016Denying women the right to access pregnancy termination services violates their rights in many different ways. Decriminalising abortion is not about morally or ethically condoning it. It's about recognising the dangerous consequences of its criminalisation – for women, girls and medical practitioners.
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Abortion Decriminalisation (QLD) and International Human Rights P1
8th Sep 2016On 10 May 2016, former ALP and now independent Cairns MP, Rob Pyne, introduced a private member’s bill into Queensland parliament to decriminalise abortion. Abortion and its facilitation, assistance and procurement have been criminal acts under Queensland law since 1899. Haven’t social and community standards changed in all that time? Well, “yes” and “no" - Benedict Coyne discusses.
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Drone safety is paramount and requires forward thinking Australian law
2nd Sep 2016Liability for drone injuries applies to operators or controllers pursuant to the Damage by Aircraft Act 1999 (Cth) which sets up a domestic strict liability regime for compensation for those injured on the ground by aircraft, mirroring international provisions which accomplish the same purpose. However, the technical and regulatory landscape in Australia is such that the owner of a drone or its operator are notoriously difficult to identify, and thus pursue, after an incident. There is no federal requirement on the owner or operator to be insured for liability for damages. No legislation presently requires registration of non-commercial operators and their equipment. This is problematic because the drones themselves are fairly unreliable.
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Imprisoning children – what is going wrong?
25th Aug 2016'You never really understand a person until you consider things from his point of view' - Atticus Finch from To Kill a Mockingbird may have very simply summarised how we should treat children who act out. In light of this, Zoe Le Quesne discusses what is going wrong in the youth justice system, and why it needs to change.
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ALA demands Comcare prosecute over Nauru
18th Aug 2016With the lid lifted on what the BBC refers to as "Australia's Guantanamo Bay", past abuses and workplace safety incidents on Nauru need to be prosecuted by Comcare, writes Anna Talbot and Greg Barns on behalf of the Australian Lawyers Alliance.
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Does Australia need Ryan’s Rule?
11th Aug 2016As a parent, it is natural to worry when your child becomes sick. With time being of the essence, parents and family members may feel their concerns are not being listened to. After all they are the ones who know when their children and loved ones are unwell. Unfortunately, a situation arose in 2007 which changed the way in which Queensland Health listened to these concerns.
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Martin's resignation and the NT Royal Commission
5th Aug 2016Martin's resignation signals a chance for the NT youth detention Royal Commission to maintain integrity and effect real change, writes Anna Talbot and Greg Barns on behalf of the Australian Lawyers Alliance.
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Beware Sunsuper Superannuation Insurance & TPD Changes
28th Jul 2016Sunsuper announced that from 1 July 2016, their superannuation insurance will be changing. These changes mark a radical shift in Total Permanent Disability (TPD) insurance. Greg Spinda briefly comments on the need for the changes and provides a summary of the pertinent changes to the TPD insurance cover.
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Nice attacks: Accuracy is important to understand this crime
28th Jul 2016WHAT HAPPENED in Nice on Bastille Day last week was awful in the true sense of that word. But do the actions of Mohamed Lahouaiej-Bouhlel who drove a truck through crowds celebrating the national day, killing 84 and injuring many more, constitute a terrorist attack, as the media and political class widely assumes? The sad reality is that no one knows yet why this tragedy happened. We may never know — he was shot dead to stop him from causing more mayhem. Islamic State have claimed responsibility, but there is no evidence that the attacker had any connections with the terrorist organisation.
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The Philanthropic Lawyer
21st Jul 2016A personal account of Chrissy Leontios' quest to provide humanitarian services to the community, in alignment with her vision and values of all Australians receiving access to legal advice and legal services, particularly women experiencing domestic and family violence and those who rely on the legal system to achieve their safety. Her hope is to inspire other law firms and lawyers to provide pro bono and fee reduced work within their own law firms, and to practise with compassion, empathy, and kindness.
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How the chemotherapy under dosing highlights a lack of compassion
14th Jul 2016The recent chemotherapy under dosing bungle in two South Australian hospitals has highlighted significant flaws in the way that victims of medical negligence are often treated. This is particularly concerning as the hospitals involved are publicly funded and have a mandated policy of open disclosure specifically for situations like this.
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Willis v State of Queensland: the MAT and the the Newman Amendments
8th Jul 2016Willis v State of Queensland: Is the decision of the Medical Assessment Tribunal the end of the road for those parties falling subject to the Newman Amendments?
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Equality in the Jury Room: A case study
1st Jul 2016The denial of a deaf person’s right to exercise their citizenship by participating in juries in Australian courts is longstanding. The stereotyped perceptions against deaf jurors being able to perform these duties without undermining the administration of justice are deeply entrenched in Australian society and court systems. Despite the New South Wales Law Reform Commission’s inquiring into this issue in 2006 and the recent report from Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, which called for law reform and support to enable deaf persons to participate as jurors, the reality remains that Australian law does not support the participation of deaf jurors.
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New NSWTAG fee impacting vulnerable plaintiffs
24th Jun 2016Recent fee changes at the NSW Trustee & Guardian (NSWTAG) will leave most privately managed clients worse off.
The new fee means that plaintiffs with private managers will have been undercompensated for the cost of funds management.
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Refugee week - we are all just people wanting a happy life
16th Jun 2016Imagine you are incredibly wealthy. You have a house that provides for more room than you need, and you have a support network that reaches far and wide. You have medical benefits, superannuation, savings and knowledge of how life works. Imagine life is good for you. Now, imagine you knew someone who was not so lucky. Imagine you knew of someone who was living in fear of their life. Imagine this person was trying to run from a place of violence and abuse. Someone without any benefits and no understanding of how to get these benefits. The question I pose to you is this, would you help them?
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Untold Damage - workplace health and safety in immigration
10th Jun 2016Abuse, mental illness and neglect of basic hygiene cause unnecessary and lasting health problems for detainees in immigration detention. They have even caused death. As Commonwealth workplaces, all people affected by immigration detention facilities are supposed to enjoy the protections found in the Work Health and Safety Act 2011 (Cth) (the WHS Act), including detainees. However, an investigation by the Australian Lawyers Alliance (ALA) reveals that this law is being regularly flouted, with the Department of Immigration and Border Protection (the Department) regularly failing to meet its obligations.
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To disclose or not to disclose, that is the question!
3rd Jun 2016While there is no obligation on a lawyer to make a file note of a conversation with a medical expert, is it ethical for a lawyer not to make a recording of a conversion in circumstances where the instructions to the specialist are for a verbal opinion only? Joanne Baker discusses.
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NDIS at Risk of Privatisation: 2016 Budget
27th May 2016With all the hype about superannuation measures, tax changes and lack of initiatives on housing, a small bit of critical information has been left out of the public eye. The 2016 Budget papers reveal a demonstrably sly and inconsistent move by the federal government that could well destroy the National Disability Insurance Scheme (NDIS).
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The World Humanitarian Summit - a global fight for human rights
20th May 2016Currently, our world is witnessing the highest level of human suffering since WWII, and the biggest humanitarian crisis in our lifetime. There are, at present, around 60 million forcibly displaced people worldwide, 409 ongoing conflicts, and over 100 million people affected by crises and natural disasters every day. What’s worse is that last year proved to be the lowest funding year globally for humanitarian issues, despite being the year with the largest humanitarian needs. This is why, for the first time in the history of the United Nations (UN), the UN Secretary-General Ban Ki-moon has called for a two-day World Humanitarian Summit to take place in Istanbul commencing on 23 May 2016.
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7-Eleven workers and their rights in Australia
13th May 2016The recent 7-Eleven scandal has highlighted some of the most significant breaches of trust by employers in Australian history. Our firm has been involved pro bono in many of the claims made by 7-Eleven workers in relation to the underpayments of their wages by their employer. We have now claimed over $2 million in underpayments for these victimised staff. The scale of the underpayments has been breathtaking, with one employee owed over $300,000 and another paid as little as 47 cents an hour.
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Using peace to resolve family law conflict
5th May 2016The irony of litigating family matters is that parties are effectively using litigation to counter and respond to family conflict. But rather than working as a conflict resolution tool, litigation actually extends the conflict, and perpetuates further conflict. Yet somehow this negative plus negative response is meant to achieve a positive result.
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Growing Young PI Lawyers
22nd Apr 2016To this day, it is still my very strong view that this form of entry into the profession (via an extended period of practical on the job training) is by far the best for the student. Such an option offers the best of both worlds: practical experience in personal injury practices, and expert academic tuition at one of our law faculties.
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MH370 families should get more time to claim
15th Apr 2016How much is a life worth? This is a difficult question, especially in the aftermath of the loss of a loved one but the law demands that it be answered.
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Farnham v Pruden & Anor [2016] QCA 18
8th Apr 2016Shane Lawlor provides a case note that looks at the Civil Liability Act 2003 (Qld) (CLA) and the Workers’ Compensation and Rehabilitation Act 2003 [(Qld) (WCRA)].
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Black Lung Disease in Queensland
1st Apr 2016A recent 7.30 report program on the ABC suggests that as many as 1,000 Queensland Coalminers could have coalminer's pneumoconiosis or, as it is more commonly known; black lung. This dangerous and often deadly lung disease is of serious concern for workers and their families in this state.
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Child Sex Abuse – An International Problem
24th Mar 2016Over the last decade, the issue of child sex abuse, and the barriers to justice for survivors or child abuse, are finally being dealt with by governments and institutions throughout the Western world. Here are the recent developments...
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Moving beyond legalistic responses in family law
18th Mar 2016Domestic and family violence (D&FV) is a heinous, and omnipresent epidemic in Australia. D&FV is more than physical violence. It is actual and threatened behaviour, and behaviour which is used to incite fear. It is coercive and controlling in nature, and includes emotional, psychological, economic, sexual, social, property, and family abuse. It is insidious and has no boundaries. No social group is immune from attack.
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Grata Fund: opening the doors to public interest litigation
10th Mar 2016Sometimes when it rains, it really buckets down. In just one week in June 2015, courts in two continents delivered landmark public interest victories on two of the defining issues of our time.
In the Netherlands on 24 June, 900 co-plaintiffs successfully obtained a court order forcing the Dutch government to adopt more stringent policies against climate change. This historic verdict was the first time a judge had required a State to take action against climate change, and has inspired climate change litigation around the globe.
Two days later, the US Supreme Court overturned a patchwork of discriminatory state laws and decades of political equivocation to rule that marrying the person you love, regardless of their gender, was a fundamental Constitutional right.
These cases demonstrate public interest litigation at its finest. Supported by groundswells of community support, these cases broke entrenched political impasses and overturned laws that lagged behind community values.
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Self-Represented Prisoners left behind in the justice system?
4th Mar 2016Prisoners are arguably one of the most disadvantaged groups in Australia (and the world). Little to no research has been conducted about the impact on prisoners who are also self-represented litigants (hereinafter referred to as ‘self-represented prisoners’) such as, the extent to which prisoners encounter difficulties in accessing justice while in prison, the impact on prisoners and the resolution of their legal problem, and what efforts, if any, are being made by different Corrective Services departments to facilitate better access to justice.
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Gender dysphoria – a child’s right to self determination
12th Feb 2016The shortcomings inherent in a democracy in my view are largely centred around the failure to recognise our fellow human beings as equal, irrespective of their persuasion, sexual or political, religion, race or occupation. Joshua Dale discusses links the acceptance of gender change, with human rights in Australia as a whole.
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Charting New Waters for a Queensland Bill of Rights - Part B
5th Feb 2016The political appetite for an inquiry for a Queensland Bill of Rights was not quite ready in early 2015. There was an already jam-packed agenda for an unexpected Labor government in its first term... In the second part of his article, Benedict Coyne discusses a Bill of Rights in QLD.
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Charting New Waters for a Queensland Bill of Rights - Part A
29th Jan 2016“Land ahoy!” In the distance, the parliamentary promise of a more just, accountable, compassionate, tolerant and democratic society looms large on the political agenda for Queensland in 2016. Benedict Coyne discusses the idea of a Bill of Rights in Australia in his two-part Opinion article commencing this week.
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Conclaves: A Step by Step Guide in Queensland
18th Dec 2015Although introduced in Queensland in 2005, conclaves have been relatively rare and unfamiliar territory to most legal practitioners and medical experts alike. Disputes will undoubtedly arise between legal practitioners and medical experts. Jasmin Sears provides a step by step guide to conclaves in Queensland.
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Suicide Prevention and Self Care
10th Dec 2015Lawyers regularly deal with clients who are facing trauma and may be at risk of suicide or self-harm. Lawyers are also vulnerable to vicarious trauma. We need to talk about suicide prevention and self care – not just for clients, but also for legal practitioners, writes Bill Sayers, National Manager of Hope for Life at The Salvation Army.
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The challenge of transboundary environmental disasters
9th Dec 2015Following the devastation surrounding the Samarco mine disaster, the Brazilian government has filed legal proceedings against the companies involved. Emily Mitchell, Senior Policy Officer at the Australian Lawyers Alliance asks: had transboundary damage occurred, would there have been such swift action?
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Communicating Rights to Non-Native Speakers of English
2nd Dec 2015Diana Eades discusses the importance of making sure non-native speakers of English understand their legal rights, and provides recommendations for better communicating these rights.
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Vic ombudsman to investigate workers comp claims
26th Nov 2015Bring on the Victorian Ombudsman’s investigation into workers compensation claims, writes Liberty Sanger, Principal at Maurice Blackburn.
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Systemic failures to blame for infant deaths at Bacchus Marsh Hospital
20th Nov 2015Paula Shelton investigates the factors that lead to substandard medical care, injury and death.
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Cosmetic vs plastic surgery
13th Nov 2015The difference between seeking cosmetic or plastic surgeon can be significant, writes barrister Ngaire Watson.
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Human rights in OPCs: No Business in Abuse
30th Oct 2015No Business in Abuse board member, Jacob Varghese, argues Transfield has breached its human rights obligations in its provision of services to the Australian Commonwealth on Manus Island and Nauru.
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Third wave asbestos exposure: when bystanders are endangered
9th Oct 2015Martin Rogalski looks at the story of Tonya Fenton —a mesothelioma sufferer in the third wave of asbestos exposure —to remind us of the ongoing risk to innocent bystanders and the evidentiary hurdles in third wave claims.
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Australia’s opaque offshore asylum policy on Nauru
2nd Oct 2015Joshua Dale reflects on the Senate committee inquiry into the Nauru regional processing centre and the lack of transparency.
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Timeframe for applying for Workers' Comp: A Change in Interpretation
25th Sep 2015Kaine Shanahan examines the timeframe for applying for statutory workers' compensation in light of recent case law in Qld.
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Medical negligence law over the past year
10th Sep 2015Olamide Kowalik analyses the developments in the area of medical negligence by reference to pivotal decisions in Australia over the last 12 months.
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Nips and tucks abroad
4th Sep 2015Victoria Gallanders investigates the jurisdictional issues in the fast-growing industry of cosmetic surgery tourism.
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Money and injury – big changes afoot
27th Aug 2015Changes are being made to the way that injured people can access financial support. Are the changes being made to government support, compensation and disability insurance a step in the right direction for injured Australians? Jane Campbell assesses the issues.
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Change to DSP Medical Assessment
14th Aug 2015The change to the disability support pension (DSP) medical assessment process may impact the accuracy of decision-making and reduce the number of successful applications. This raises the question: is there an alternative option to secure financial support for these clients?
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Changes to prisoner related compensation a cause for concern
30th Jul 2015While the Wrongs Amendment (Prisoner Related Compensation) Act 2015 (VIC) has received some populist approval, criminal law specialist Nicole Spicer explains why it is concerning for a number of reasons.
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Courageous detention centre staff challenge the government
1st Jul 2015Courageous staff from immigration detention centres have today challenged the federal government to prosecute them, as the Border Force Act 2015 commences as law. The ethical and legal dilemma posed to these professionals is considerable with the full consequences yet to come, writes lawyer Ebony Birchall.
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First NDIS case in the Federal Court
19th Jun 2015The first NDIS case has reached the Federal Court, on appeal from the AAT.
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Nauru and the Moss Review
19th May 2015A Senate inquiry is currently examining the Commonwealth's duty of care in Nauru following the release of the Moss Review, which detailed abhorrent allegations of sexual abuse and harassment in the centre. We submitted to the inquiry, asserting that the Commonwealth has a duty of care both at common law and under work, health and safety laws.
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A Letter to Joko Widodo
17th Apr 2015An appeal to the Indonesian President to spare the lives of Myuran Sukumaran and Andrew Chan.
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Levelling up the WA CTP road map
16th Apr 2015With the WA government soon to make decisions on CTP, it is important that people do not lose important rights.
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Queensland Election - A Win for Workers
1st Apr 2015The rights of injured Queensland workers are set to be reinstated following the Australian Lawyers Alliance and Workers Protection Coalition’s campaign against unfair legislative amendments to Queensland’s WorkCover laws.
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Diplomacy with teeth
9th Feb 2015Is Australia doing enough to save two young Australians on death row in Indonesia?
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Rechampioning a charter's chances: a human rights act for Australia
10th Dec 2014Human rights protections in Australia are still far from adequate. The 64th International Human Rights Day (10 December 2014) provides us with an opportunity to assess where we are at and the direction in which we intend to progress.
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Sexual harassment in the workplace - when enough is enough
25th Sep 2014Two recent cases have seen women being awarded with significant damages following sexual harassment in the workplace.
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Five years of waiting for investigation into Montara oil spill
21st Aug 2014Five years ago today, the Montara oil spill began in Australian waters of the Timor Sea. For five years, Indonesian communities have claimed to have suffered detrimental impacts to their health, environment and economy. To date, there has still not been an independent investigation, writes Australian Lawyers Alliance's Emily Mitchell.
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Examining calls for an institutional abuse redress scheme
15th Aug 2014This week, the Truth, Justice and Healing Council recommended that a national redress scheme be established to compensate survivors of institutional abuse. The devil is always in the detail, writes the Australian Lawyers Alliance’s Emily Mitchell.
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A voice against threats to mining objection rights in QLD
31st Jul 2014Recently, legislation was proposed in Queensland that clearly favours mining companies and proposes to significantly reduce the legal rights of landholders and the general community. Communities' rights to be notified, consulted and to object should remain protected, writes Amy Park.
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Senate should reject proposed changes to Comcare scheme
24th Jul 2014The Senate’s Education and Employment Standing Committee recently released its report dealing with proposed legislative changes to the Comcare workers compensation scheme. The Senate should reject the proposed changes, writes Geoff Wilson.
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The bitter taste of WorkCover SA
17th Jul 2014Renowned nationally for its battered financial status, inadequate benefits to workers and long delays, it’s time to consider a new scheme for injured workers in South Australia, writes Patrick Boylen, SA President of the Australian Lawyers Alliance.
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UN condemns inadequate response to police violence
3rd Jul 2014A powerful condemnation of the inadequacy of Victoria’s laws to compensate victims of police violence has been delivered by the United Nations Human Rights Committee.
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Hovarth v Australia marks a new opportunity for the Australian and Victorian governments to ensure our laws conform with international human rights obligations, writes Sophie Ellis, solicitor at Flemington and Kensington Legal Centre. -
Protecting Australia's innocent
19th Jun 2014Few avenues for redress exist for individuals in Australia who have been wrongfully convicted. It's time to discuss establishing an independent Criminal Case Review Commission, writes Lauren Fitzpatrick, Media and Policy Assistant at the Australian Lawyers Alliance.
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Injured workers still burnt by compo changes in NSW
12th Jun 2014The stark reality is that the 2012 amendments to the NSW Workers' Compensation Scheme have slashed injured workers' entitlements and their ability to make an early, safe and durable return to work, writes Anthony Scarcella, NSW Director of the Australian Lawyers Alliance.
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Norrie: paving the way for meaningful recognition of sex and gender
5th Jun 2014The recent High Court decision in Norrie was significant in its recognition of identity, and that not all human beings can be classified by sex. Giri Sivaraman and Alessandra Peldova-McClelland examine the case's impact on LGBTI rights in Australia.
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Budget overview: Cuts to justice and human rights
15th May 2014With the Federal Budget announced on Tuesday night, commentary has spread far and wide. Here, we provide a snapshot overview of some of the suggested changes that impact on human rights review, legal assistance, Indigenous rights, asylum seeker rights and human rights education.
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Budget overview: How are the injured placed?
15th May 2014With the Federal budget cuts targeting $80 billion from health and education over the next decade, the young, unemployed and injured are likely to carry the weight of the burden. Here, we provide for our readers a short overview of some of the cuts that may affect injured people and people living with a disability.
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A Q&A on QLD workers compensation changes
8th May 2014ALA QLD President Michelle James answers questions about Queensland's workers compensation scheme, which removed workers' rights following amendments passed into law this year.
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Racial discrimination changes to axe vicarious liability & exemptions
1st May 2014Proposed changes to the Racial Discrimination Act 1975 (Cth) are being hotly debated in the media, however, the focus on s18C could be missing crucial issues, writes Emily Mitchell, Legal and Policy Officer at the Australian Lawyers Alliance.
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Future patients in the dark
14th Apr 2014Future patients are currently in the dark when it comes to knowing if health practitioners have had complaints lodged about them or conditions placed upon their practice, writes Ngaire Watson.
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Red tape and the injured worker
7th Apr 2014One person’s red tape may be another’s safety regulation when it comes to the Comcare scheme, writes Bill Redpath.
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The money or the drip: lump sum vs no-fault benefits?
21st Mar 2014No-fault compensation is all the rage, but at what cost to people’s rights? President-Elect Andrew Stone writes of its shortcomings.
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Napthine Government erodes separation of powers
3rd Mar 2014Individuals injured in a road accident in Victoria may be worse off following legislative changes which will impede access to appeals, writes Geraldine Collins, National President of the Australian Lawyers Alliance.
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Dangerous changes to espionage law
NeverThe National Security Legislation Amendment (Espionage And Foreign Interference) Bill 2017.
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