Inconsistent statutory objectives and the Migration Act: Time for a rethink

There is inconsistency in the application of statutory objectives and administrative decision makers administering the Migration Act should be bound by the same legislative objectives.

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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 provides guidance on class action waiver clauses

Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.

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The enforceability of clawback provisions

The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.

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Ombudsman examines Government’s COVID-19 response

Expedited lawmaking processes were used to respond to the COVID-19 pandemic. The NSW Ombudsman reports on the Government’s response and the importance of external oversight.

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Elder law & succession: May 2024

Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.

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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.

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The death of proportionate liability in NSW: is the obituary written in Pafburn?

Has legislative intervention gone too far? This NSWCA decision on a new design and building duty of care has big ramifications for the industry.

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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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AI cannot be an inventor: Thaler litigation update

Issues raised by the litigation run deeper than technical issues of IP, and challenge our understanding of concepts such as the nature of personhood and…

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Federal Court: May 2024

The Federal Court considers the Lehrmann case and whether suppressed torture training material is in the public domain. By VINCCI CHAN and JOANNE SHEPARD.

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Negligence, precautions and risk of harm

Recent Court of Appeal decision confirms that strict principles apply when determining whether a defendant’s conduct was negligent and whether the conduct caused the plaintiff’s…

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Reforming the Privacy Act for the modern era

Following the review of the Privacy Act, key reforms have been proposed to bring the Act into the digital age and minimise human rights risks.

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Practical tips on claiming NSW Primary Production Duty Exemption

Showing Revenue NSW you are eligible for the PPE can be tricky. Find out what you will need to be successful first time.

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The not-so-ordinary meaning of ‘ordinarily resident’

Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.

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Practical tips on claiming NSW Primary Production Duty Exemption

Showing Revenue NSW you are eligible for the PPE can be tricky. Find out what you will need to be successful first time.

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To act or not to act? That is the question

Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.

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Duty of care to comply with work, health and safety requirements

Recent District Court decision examines the primary duties of an organisation and PCBU pursuant to work health and safety legislation. Penalties will increase from 1…

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