Fair Work Act will soon provide a ‘right to disconnect’
The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.
By Paul Moorhouse - 2 min read
‘Insane delusion’ and testamentary capacity: Carr v Homersham
The judgement in Carr v Homersham delivers a valuable analysis of the scope of ‘mental incapacity and‘insane delusion’ in the context of estates law. By…
By Talitha Fishburn - 1 min read
Alphabet soup: CFMMEU emerges as Australia’s first ‘super union’
In March 2018, a single member of the Fair Work Commission approved the amalgamation of the CFMEU, MUA, and TCFUA into a new ‘super union’….
By Jack de Flamingh and James McLean - 1 min read
Misrepresentation and ethics in mediation
Mediation involves the fundamental proposition that a lawyer must never make a representation to an opponent or mediator that is known to be untrue. By…
By Campbell Bridge SC - 1 min read
Navigating the safe harbour for small to medium-sized enterprises
The new safe harbour from insolvent trading is the most significant change to corporate insolvency law since the introduction of voluntary administration. By BEN SEWELL.
By Ben Sewell - 1 min read
Legal costs: grappling with complexities in the Legal Profession Uniform Law
The Legal Profession Uniform Law introduced the concept of a ‘commercial or government client’ and time limits for applying for costs assessment. By MICHELLE CASTLE,…
By Michelle Castle, Andrew Bailey and Kerrie Rosati - 2 min read
Electronic conveyancing – don’t wait for mandating
The NSW Government’s mandating program aims to increase the proportion of electronically lodged documents for all core conveyancing transactions from around 33 per cent currently to…
By Greg Channell - 2 min read
Unfit for work? The Fair Work Commission will decide
The recent decision in CSL Limited T/A CSL Behring v Papaioannou [2018] FWCFB 1005 has resolved conflicting authority in unfair dismissal proceedings. By JACK DE…
By Jack de Flamingh and Erin Kiley - 1 min read
The moral scope of legal personality: the case to recognise nonhuman animals
Nonhuman animals are generally excluded from the scope of legal personhood. Such exclusion renders nonhuman animals vulnerable to human tyranny. By STEPHANIE D’AMELIO.
By Stephanie D'Amelio - 2 min read
Court of Appeal reins in generous family provision decisions in 2017
Family provision cases involve careful exercise of judicial discretion. Reasonable minds can, and do, differ. By MICHELLE PAINTER SC.
By Michelle Painter SC - 2 min read
The latest developments in Law Society advocacy & law reform: April 2018
The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.
By The Law Society Policy and Practice Department - 2 min read