Happy New Laws!
201902.11
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Happy New Laws!

Welcome back to work everyone, and a happy new year.  It’s all too often the case that we all return to work fresh and ready to roll, but realise quickly that very little has changed.  The folders you left spread all over the desk remain in the same place and you still haven’t won the…

The Final Solution on Migration
201808.20
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The Final Solution on Migration

Trumped “absolutely magnificent” by Bob Katter, the maiden speech of Queensland senator Fraser Anning has stirred the hearts and minds of Australians on the “problem” of migration. For every problem there is a solution. In this case, Anning offers us “the final solution”. Suddenly, those hearts stirred are now in people’s mouths and stomachs turn;…

The Restraint on Restraints
201808.14
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The Restraint on Restraints

No this is not an article about sadomasochism (try not to look so disappointed!) but contract law. Legal theorists like to think that a party is free to contract with another party. The common law however places a number of restrictions on contracts. This does not just include contracts to carry out illegal acts, although…

Safe Access Zones for Abortion Clinics
201807.13
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Safe Access Zones for Abortion Clinics

Abortion has historically been an extremely controversial issue. It has hit the headlines again recently across several different continents and for several different reasons. In Europe, Ireland, one of Europe’s most socially conservative countries, held a referendum on constitutional amendments that would reverse provisions that banned abortions. That referendum passed with a 2 to 1…

Getting Defamation Law Pitch Perfect!
201806.25
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Getting Defamation Law Pitch Perfect!

We don’t get too many high profile defamation cases in Australia.  It’s a difficult area of the law (one of the very few civil areas that still have jury trials for example) that is quite heavily modified by legislation.  It’s also usually about painful subjects and people wary of the “Streisand effect” (whereby the taking…

Out of State means out of order?
201805.29
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Out of State means out of order?

Both State and Federal governments have a new-found passion for “specialist Tribunals” as opposed to Courts.  Talk of such a Tribunal has abounded in discussions around the scandals affecting the financial advisor and banking industries. In New South Wales we have the Civil and Administrative Tribunal (or NCAT), which has a broad range of matters…

Changes to Sentencing in NSW
201805.17
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Changes to Sentencing in NSW

Back in 2011 the NSW Government asked the NSW Law Reform Commission to undertake a review of the Crimes (Sentencing Procedure) Act.  This is the legislation that sets out what sentences are available for criminal acts and the considerations the judiciary are to take into account when deciding on a sentence. The Law Reform Commission’s…