Latest publications
Keeping the High Court decision in Comcare v Banerji in perspective
The High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed down. The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the Australian Public Service (APS)…
Corporations and defamation
Several high-profile Australians have become embroiled in defamation cases in recent months. A publication about a person communicated to a third party is defamatory if an ordinary reasonable person would think it tends to: injure that person’s reputation by disparaging them;cause others to shun or avoid them;subject them to hatred, ridicule or contempt. Can a company sue for defamation? What…
What does a No Deal Brexit mean for your trade marks?
Recent political changes in the United Kingdom have raised the prospect of a ‘no deal’ Brexit as a serious possibility. It is important to emphasise that even in this situation, there is likely to be an orderly transition of trade mark and other intellectual property rights between the EU and the…
NSW Construction Industry — an expert’s perspective (part 5 of 6)
Interview with Mark Kavanagh — Building Consultant Over the coming weeks, I will be releasing a six part article series. The articles will document my discussions with building consultants who are in the know when it comes to the current state of the NSW construction industry and the high percentage of properties which…
Mediate, collaborate or litigate — resolving your Family Law matter
There are a number of ways in which you can resolve your financial and parenting issues after a relationship breakdown. The first and least expensive way to resolve these issues is to discuss them with your partner and attempt to come to an agreement. You should obtain legal advice before attempting to resolve the…
Termination of employment by SMS fails the fairness text
Texting Times for Employers In two recent unfair dismissal decisions, the Fair Work Commission (FWC) has condemned the practice of terminating employment by text message. In the decision of Kurt Wallace v AFS Security 24 7 Pty Ltd (U2019/1622), Commissioner Cambridge considered the submission by the employer in respect of a termination by text, which was…
Balancing costs and claims in family provision applications
Costs are an important consideration in all legal proceedings. Deceased estate litigation, however, often involves litigants with modest means, and the associated financial implications can therefore be vastly different to that of commercial disputes. Indeed, where a claim is made upon a small or moderately sized estate, it may become more difficult…
Workplace Surveillance Act 2005 (NSW) Admissibility of evidence unlawfully obtained- latest developments
When it comes to the question of workplace surveillance, there are some employers who are not aware of the implications of applicable workplace surveillance legislation, and who discover its significance only when a challenge is made to evidence secured through workplace surveillance activities. In NSW, it is the requirements of the…
Voluntary assisted dying laws commence in Victoria
In November 2017, after significant community and parliamentary debate, Victoria became the first state in Australia to lawfully allow terminally ill people to voluntarily end their lives. The Voluntary Assisted Dying Act (the Act) came into operation on 19 June 2019 with the aim of providing for and regulating access…
How are pre-relationship assets treated in a property settlement? Are they included or excluded?
After separation the parties to a marriage or a defacto relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include all assets held jointly or individually whether they were acquired prior, during or after the relationship. It does not matter which partner paid for the…