‘Equity, mate’ – Equitable principles limit the effect of general words in releases

A recent Court of Appeal decision reviewed the special equitable principles that apply to the construction and efficacy of a deed of release.

By - 3 min read

To publish or not to publish: Hyperlink merely a navigating tool

High Court in Google LLC v Defteros considers whether a search engine is the publisher of defamatory material by providing a hyperlink to that article.

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Trust matters: Reviewing resulting trusts

Recent High Court decision considers resulting trusts. Lawyers should be mindful that a property’s legal title may not reflect its beneficial ownership.

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Materiality as a common law principle of statutory interpretation

In administrative decision making, proper construction of the statute under which a decision is made is important especially when analysing materiality in a jurisdictional error.

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Building trust Part 1: Relationships with clients online

As legal services move online, creating and maintaining a good relationship with clients can be challenging. However there are strategies to improve professional relationships online.

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Smart contracts: What lawyers need to know

Smart contracts are the ‘new frontier’, however lawyers should be aware of the enforceability and security issues surrounding its use.

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Managing risk and implied undertakings

Recent decision examines obligations under Harman undertakings. Solicitors should ensure that clients understand their obligations or risk contempt of court.

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‘Within the Confines’: Current issues in animal law

Lawyers and passionate animal advocates attended the recent 2022 Animal Law Conference to discuss various topics including the current legislative framework and its limitations.

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High Court: November 2022

Reporting and analysis of the latest key judgments from the High Court of Australia. BY DR MICHELLE SHARPE

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Federal Court: November 2022

Reporting and analysis of the latest key Federal Court judgments. By THERESA POWER AND DR DAVID J. TOWNSEND.

By and - 3 min read