Abstract This article explores how Australian courts are using social media to disclose information about decisions as well as to advise about court appointments, media reports, and administrative matters. It examines how the social media channels are being used...
Volume 30 Issue 2 of the Australian Journal of Labour Law is now available online to subscribers. Lexis Advance ® | LNAU Lawyers regularly review their precedents to ensure that they preserve the power employers have over their employees. They do so knowing that...
Not since the days of King Hammurabi has the legal industry faced the magnitude of change it is facing today. Hammurabi was the first to actually codify and inscribe Babylonian law into stone, around 1760 BC. So the start of the legal industry – and a solicitor...
The term “casual act of negligence” is often used to describe the alleged liability that flows after a slip and fall even after a cleaner inspects an area. Recent Court of Appeal decisions have provided some guidance on how the court examines such allegations,...
This article is an extract from Mandatory Data Breach Notification – Tips and Traps. Click here to download the whitepaper. Do you expect to advise corporate clients in the face of changing legislation this year? Are you already advising on other cyber risk matters...
Cybersecurity is a growing concern for businesses of all sizes. Hacks and data breaches are becoming more common and more complex. While no business is expected to be invincible against cyber attack, they are expected to be fully prepared and to take all practicable...
With 60 recommendations made over 574 pages, the Australian Law Reform Commission (ALRC) report, Family Law for the Future: An Inquiry into the Family Law System is a long read. The much-anticipated report was tabled in Parliament on 10 April 2019. To help you...
Caveats: the basics Caveats, which developed as a result of the Torrens title system of land ownership, act as a “freeze” on anyone dealing with the title to land that is the subject of a caveat until it has been resolved. Caveats are perhaps best described...
Introduction Mediation as a process is widely praised by judges and lawmakers for being able to resolve even the thorniest of disputes, often to the surprise of the parties involved. Federal and state courts in Australia have the power to require parties to...
We all have opinions, but just how free are we to express these online? Digitisation and the rise of social media means anyone’s opinions, statements, actions, and comments can now disseminate widely, quickly and uncontrollably. The resulting situations, challenges...
Dr Ben Gauntlett commenced as Disability Discrimination Commissioner in May 2019. A barrister prior to commencing his term, Ben holds undergraduate degrees in Law (Hons) and Commerce from the University of Western Australia, and was awarded the Rhodes Scholarship...
Forensic Science in Criminal Trials: Is It a Double-Edged Sword? Forensic evidence has long been used as a weapon in criminal trials. From fingerprints to handwriting and DNA, scientific analysis is a powerful force, used to exonerate the innocent and convict...
In a major decision delivered on 4 September 2019, Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 , the High Court has ended the right of lawyers to claim costs when they are self-represented litigants, saying the special rule was "an anomaly and an affront to the...
With a flood of company insolvencies expected in 2021, lawyers will increasingly be asked to provide advice to directors of companies facing difficult decisions about the future of their businesses. We provide a checklist to assist with advising directors of companies...
The COVID-19 pandemic has transformed the administration of justice in Australian courts and tribunals, necessitating a comprehensive overhaul of the protocols, procedures and norms of etiquette on which the courts and the legal profession have relied for decades...