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
New national study examines intoxication in criminal law
Criminal law legislation attaches significance to ‘intoxication’ in multiple ways and makes assumptions about the effects of alcohol and other drugs on mind and body….
By Dr Julia Quilter, Dr Kate Seear, Dr Luke McNamara and Professor Robin Room - 2 min read
Amending Act makes way for new negotiations over Aboriginal land agreements
A broad and flexible new provision is available to Aboriginal Land Councils and the State of NSW to negotiate Aboriginal Land Agreements (ALAs) in relation…
By Paul Bertram - 4 min read
High Court confirms: illegal acts do not automatically render a contract unenforceable
An illegal act by a party to a contract will not necessarily make the contract unenforceable. The mere fact that a party has failed to…
By Paul Martin - 2 min read
Hockey v Fairfax: who won and who lost?
The Hockey case provides a wider lesson for those contemplating bringing proceedings for defamation or defending them. It demonstrates the risk of investing substantial amounts of money…
By Patrick George - 3 min read
Law Society advocacy: August 2015
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
Development of crown land reserved for public recreation
The NSW Land & Environment Court has confirmed that land can be said to be used for ‘public recreation’ only if it is open to…
By Christopher Conolly and Benjamin Harris - 2 min read
E-conveyancing – the verdict
A Q&A with one of the first solicitors in NSW to embrace the revolution in conveyancing practice. By RICHARD HARVEY and GEORGE PATRINOS.
By Richard Harvey and George Patrinos - 1 min read
Rethinking the boundaries of legal personhood
The status of legal personhood grants rights and privileges to a number of living and non-living entities, but currently excludes non-human animals, which are treated…
By Rebekah Lam and Daniel Cung - 2 min read
Aboriginal cultural heritage law: a long road to reform
Despite multiple reviews and decades of calls for change, Aboriginal cultural heritage remains in the State’s flora and fauna legislation. By NORMAN LAING and KELLYANNE…
By Norman Laing and Kellyanne Stanford - 2 min read
Proportionality in costs assessments: a new dawn?
Section 172 of the Legal Profession Uniform Law (NSW) imposes a new test for determining the fair and reasonable costs that a legal practitioner may charge a…
By Peter Rosier - 2 min read