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
Opinion evidence or direct evidence of fact?
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
By Carolina Lewin Soto - 2 min read
Ambiguity remains when it comes to the true rule of contractual interpretation
Following the decision in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd, it remains unclear whether regard can be had to surrounding circumstances…
By David Harris - 1 min read
Who ‘speaks for country’ in NSW?
In NSW and elsewhere in Australia there is no single identifier or legal definition for ‘who speaks for Country’. By NORMAN LAING and KELLYANNE STANFORD.
By Norman Laing and Kellyanne Stanford - 3 min read
Are dumplings ‘stuffed pasta’? The tariff classification process
A two-stage decision-making process applies when customs duties are imposed on imported goods. By STEPHEN TULLY.
By Stephen Tully - 2 min read
Expert determinations under contract reviewable even if ’final’
Parties to a contract will need to ensure that an expert properly understands his or her functions under contract when performing a review and making…
By Paul Martin - 1 min read
Better practice in the Family Provision List
Earlier this year, Justice Hallen delivered a tutorial to practitioners on practice in the Family Provision List, entitled Current Issues from the Perspective of the…
By David M Jay - 1 min read
Partition allows developer to escape liability for breach of statutory warranties
For the purpose of determining whether or not four or more of the existing or proposed dwellings are or will be owned by the individual,…
By Marcus Andrews - 2 min read
The successful country legal practice secrets and wisdom
Creativity and flexibility are key in retaining regional and rural legal staff for competitive advantage. By CAROLINE HART.
By Caroline Hart - 1 min read
Developers, election funding and the implied freedom of political communication: the HCA weighs in
In the future, the High Court may seek to unify the various approaches to proportionality across a range of constitutional law areas such as interstate…
By Dr David Tomkins - 2 min read
Institutional responses to child sexual abuse: the latest on the proposed redress scheme
The Royal Commission into Institutional Responses to Child Sexual Abuse’s recommendations are relevant to practitioners advising clients who may be either survivors of abuse, or…
By Matthew Shepherd - 2 min read