Opinion
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Case Summary: Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330
18th Apr 2024The NSW Supreme Court decision in Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330 has confirmed that any written material created by a medico-legal expert in the course of providing a preliminary verbal opinion to instructing solicitors may also be required to be disclosed in subsequent court proceedings. Rebecca Tidswell provides a background on the case and explains the Court’s decision.
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Does this mean public servants will be properly compensated for workplace injuries?
11th Apr 2024John Wilson and Kieran Pender examine February’s landmark judgement, Comcare v Friend, revealing how it removes uncertainty where compensation for workplace injuries intersects with the Comcare scheme – and ensures public servants can be properly compensated.
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Contemporary leaders need to measure value - not time, clicks or keystrokes
4th Apr 2024Travis Schultz addresses the ongoing debate around workers being at home, in the office or a mix of both. ‘From a four-day work week to work-from-home, telecommuting and flexibility, opinions are as polarised as the Republicans and Democrats in the race to the White House’. He reminds us to focus on what really matters: creating value, and predicts time, clicks and keystroke measurements will be replaced as contemporary leaders focus on quality and impact.
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Some justice for the people affected by Youpla/ACBF
21st Mar 2024First Nations advocates have worked with the federal government for two years to help thousands of payers left with nothing after the Aboriginal Community Benefit Fund, which masqueraded as an Aboriginal-owned organisation, collapsed. Mark Holden provides a timely update on Close the Gap Day.
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One-stop justice plan breaks down the borders
14th Mar 2024Julie Tongs OAM has written to the ACT Attorney-General and Minister for Corrections to explain why a NSW/ACT cross-border justice scheme is necessary to improve law enforcement and the administration of justice. More importantly, it could reduce reoffending by encouraging increased participation in prison training and education programs.
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Injured motorists in Queensland will be worse off for RACQ's withdrawal
7th Mar 2024One year on from the announcement of Queensland’s CTP scheme review, the withdrawal of major insurer the Royal Automobile Club of Queensland (RACQ) in October 2023 means former customers are unsure of their options. Claims management performance was said to be comparable across Queensland’s CTP insurers. Travis Schultz examines the key metrics to uncover a different story.
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New SA laws threaten rule of law
22nd Feb 2024‘An appalling and the most egregious attack on the rule of law we have seen in some time’ writes Greg Barns SC, in response to last month’s amendments to the State’s sentencing laws.
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Native title is a cultural issue, not just a legal one
13th Feb 2024Navigating the complexities of native title is challenging. Jahmillah Johnson’s cultural identity combined with her Master of Laws research and analytical skills provide some unique insights.
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Archaic immunity from the long face of the law
8th Feb 2024An anachronistic and outdated law continues to unfairly affect road users who collide with livestock in Queensland. Rachel Last sets out the detail and why Queensland should align with other states and territories to ensure a just outcome.
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Unmasking the injustice: Inadequate compensation for road accident acquired brain injuries in Victoria
25th Jan 2024Jeremy King of Robinson Gill Lawyers examines Victoria’s Transport Accident Commission's compensation structure, weighing its shortfalls against the multi-faceted impact of acquired brain injuries on sufferers and their families.
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2024 Australian legal industry considerations
17th Jan 2024'The imperative for the legal industry is clear: embrace change, adapt strategically, and chart a course for unparalleled excellence', writes Nicole Catabran, setting out the key trends and strategies for 2024.
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Lawyer ‘bashing’ is not the solution
30th Nov 2023On 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 2023In 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 2023In 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 2023Travis 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 2023To 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 2023Two 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 2023In 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 2023What 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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