Changes to Supreme Court bail procedures

Legal practitioners are required to sign a Notice of Readiness to Proceed and provide undertakings that certain steps have been taken to ensure that the…

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Executors: when duty and personal interests conflict

An examination of the key authorities demonstrates that the Court places great weight on a testator’s appointment of an executor and trustee and will not…

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Uniform Law transitional exemption – government & corporate lawyers

The Legal Profession Uniform Law does not contain an exemption equivalent to that provided under the repealed Legal Profession Act 2004. By GLENDA CARRY.

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Civil penalties: everything old is new again

A court considering a civil penalty is therefore permitted to take into account submissions on agreed penalties or, in the case of a contested penalty…

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Eyewitness accuracy: the misinformation effect

The misinformation effect occurs when an eyewitness subsequently reads or hears information about the witnessed event that is inaccurate and unwittingly incorporates it into his…

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Social media and your practice: playing it smart

Lawyers should be careful to ensure that their social media usage does not breach their professional obligations. By LUCY WILLIAMS and JULIA CLEMENTE.

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IP rights v public health: international challenges to plain packaging laws

A State’s right to regulate to protect public health can clash with the intellectual property rights held by corporations over their tobacco products. By STEPHEN…

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Small business and unfair contract terms: changes on the horizon

The Treasury Legislation Amendment (Small Business And Unfair Contract Terms) Act 2015 extends the notion of unfair standard form (or standard terms) contracts to non-consumer…

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The scope of releases: a case study

Settlement agreements are a familiar form of document routinely used by lawyers to enable clients to resolve disputes. By PAUL MARTIN.

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Police detention of people who appear mentally ill or mentally disturbed

Whether a person appears to a police officer to be mentally ill or disturbed is assessed purely on the subjective belief of that officer at…

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