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coal mines, coal, gas, climate change, environment, ECoCeQ, Plibersek, Narrabri, Hunter Valley, emissions, mines, anthropogenic, net zero, threatened species, fossil fuel, fossil fuel projects
29 Feb 2024

Court says coal mines can be approved without considering climate change

In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
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send troops, deploy troops, army, defence, conflict, armed conflict, war, war zone, parliament, cabinet, prime minister, governor general, Defence Act, military, Federation
09 Feb 2023

How does Australia decide to send troops to war?

Did you know that only one person makes the decision in Australia to send troops to fight wars? That decision may be based on fear of imminent attack, in response to a request for support from an ally, a first strike against a perceived enemy, or perhaps just to keep a powerful ally on side. […]
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Nazi symbol, Nazi flag, anti-Semitic, antisemitic, far right, extremism, right wing, public display, criminal offence, vilification, hate speech, violence, threat, Nazism, genocide
24 Nov 2022

Display of Nazi symbol now a jailable offence in NSW

A new law has recently come into force in NSW, making it a criminal offence punishable by up to 12 months in jail and/or a $11,000 fine to knowingly display a Nazi symbol in public without a reasonable excuse. If a corporation displays a Nazi symbol in public it could face a fine of $55,000. […]
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04 Oct 2022

“We made a deal on a restraint of trade, but they breached it.” Which case won?

Flower wholesaler B traded at the Sydney Flower Market in Flemington for many years up to 2002. In January 2003, wholesaler V acquired 50% of wholesaler B.

In 2013 a new company, jointly owned by B and V, commenced business and took over the market stalls previously operated by B. By 2018, the new company was operating ten market stalls.

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royal pardon, royal prerogative of mercy, mercy, appeal, conviction, attorney-general, offender, miscarriage of justice, overturn, conditional pardon, non-judicial
08 Jun 2022

Can I get a royal pardon?

It is not particularly well known that under the Australian constitution, the government has the power to grant what amounts to a royal pardon. Its official title is the royal prerogative of mercy, and it can be granted by the governor-general or state governor as the representative of the British monarch – Australia’s head of […]
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impacts of climate change, duty of care, climate change, coal mine, expansion, children, personal injury, future generations, mining, litigation, climate change litigation
12 May 2022

Impacts of climate change on our children – is there a duty of care?

In May 2021, in what was described as a worldwide landmark judgment, the Federal Court ruled that the minister for the environment had a duty of care to protect children from harm resulting from the impacts of climate change. However, the government succeeded in winning an appeal to the full bench of the Federal Court, […]
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loss of bargain damages, loss of bargain, landlord, tenant, dispute, rent, lease, hotel, essential term, terminate, take possession, premises
09 Mar 2022

Was the pub owner entitled to loss of bargain damages after ending the tenant’s lease for failure to pay rent? Which case won?

In January 2007, a tenant leased a 100-year-old hotel west of the Blue Mountains in New South Wales.

The tenant paid a security deposit of $250,000 and the rent was $220,000 per year.

In December 2007, a new owner purchased the hotel for $1.6 million.

The tenant’s lease was due to expire on 3 July 2010.

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critical infrastructure, cybersecurity, business computer, cyberattack, security, Australian Federal Police, Australian Signals Directorate, mandatory reporting, business data
02 Feb 2022

What do new critical infrastructure laws mean for Australian businesses?

Under tough new critical infrastructure legislation, anyone who refuses to allow Australia’s cybersecurity forces to access their business computers can be jailed for up to two years. Parliament recently passed amendments to the Security of Critical Infrastructure Act 2018. This gives government authorities increased power to take action against those in the private sector who […]
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climate change, risk, risk management, insurance risk, drought, flood, fire, bushfire, storm, soil moisture, coastal erosion, rising sea levels, property, transaction, real estate
29 Oct 2021

Drought, flood, bushfire and insurance risk – the impact of climate change on property transactions

The law and science do not always have a lot to do with each other, but sometimes they do intersect. An obvious current example is the intertwining of medical science and the law around the issue of compulsory Covid vaccinations. However, a rather less obvious intersection is becoming more evident: that of climate change risk […]
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police power, police powers, AFP, ACIC, Federal Police, surveillance, privacy, intelligence, Home Affairs, criminal, dark web, online, account, identify and disrupt, hack
08 Oct 2021

New laws extend police power to hack suspects’ personal computers

New Commonwealth legislation has extended police power and security agency authority, allowing them to secretly access personal computers and scrutinise the electronic accounts of any citizen deemed a suspect in serious criminal activities. The Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 gives the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) […]
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euthanasia, voluntary assisted dying, VAD, assisted suicide, suicide, legal, legalised, eligible, eligibility, criteria, terminal illness, suffering, intolerable, pain, painful, terminal disease, conscientious objection
12 Aug 2021

Pressure grows to make voluntary euthanasia legal in NSW

[Editor’s note: The law in NSW was changed in May 2022. Please see Wills and voluntary assisted dying (VAD) law in NSW.] Legalising voluntary euthanasia, or voluntary assisted dying, is a hot topic in New South Wales. A private member’s draft bill was recently introduced and parliamentary debate is set for later in 2021. NSW […]
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data breach, notification, scheme, cyberattack, Privacy Commissioner, public sector, cyber attackers, personal information, Service NSW, identity theft, fraud
01 Jul 2021

NSW set to introduce mandatory data breach notification scheme to protect privacy

The NSW government will be required to notify anyone affected by a cyberattack or data breach of its records, under planned changes to state privacy laws being introduced later in 2021. For the first time in any Australian state or territory, it will be compulsory for NSW government departments, state owned corporations and local councils […]
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impact of climate change on children, climate change, coal, coal mine, Whitehaven, coalmine, expansion, global warming, Paris Climate Agreement, duty of care, risk of harm, wellbeing, injunction
17 Jun 2021

Government cannot ignore impact of climate change on children when approving coal mine expansion

In what has been hailed as a worldwide landmark judgement, in May 2021 the Federal Court found the government has a duty of care to consider the impact of climate change on children before making environment-related decisions. The unusual case was brought by eight teenagers, aged 13 to 17, and an 86-year-old nun acting as […]
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right to be forgotten, internet, online, defamation, public record, crime, criminal, EU, privacy, free speech, right to know
06 Apr 2021

Should Australians have the “right to be forgotten” online?

In 2019, Germany’s highest court ruled that a man convicted of murder in 1982 has the “right to be forgotten”, meaning his name can be removed from online search results. The man complained that although he had served 20 years behind bars for killing two people, he was still paying for the crime. He argued […]
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king hit, coward punch, defamation, payout, damages, Nine News, Nine Network, grievous bodily harm, self defence, Defamation Act
13 Feb 2020

How the term “coward punch” won a $100,000 defamation payout

For many years the families of “king-hit” victims have argued that this term conveys a false measure of admiration and implies manliness on the part of the attacker. Demands for a new phrase to describe such despicable one-punch surprise attacks have led to “king-hit” being replaced by the phrase “coward punch”, reflecting the cowardly act […]
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animal rights activists, activist, activism, animal exploitation, animal cruelty, animal abuse, trespass, trespassing, Aussie Farms, defamation
04 Feb 2020

Animal rights activists – what does the law say?

In 2019, animal rights activist group Aussie Farms posted online maps of factory farms, slaughterhouses and so-called “animal exploitation” facilities around Australia. A registered charity, Aussie Farms claimed that it was trying to fight animal abuse and exploitation. Farmers targeted by animal rights activists Inviting other activists to upload photographs or videos obtained on farming […]
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influencer, social media, verbal contract, oral contract, legal contract, written contract, written agreement, Administrative Appeals, Tribunal
30 Jan 2020

Social media influencer wins payout after client breaches verbal contract

The rise of social media across the globe has opened a huge market for people wanting to make a living as a social media influencer. With the right knowledge, authority and reach, social media influencers have the ability to affect the purchase decisions of others, thus making them a very valuable marketing asset for many […]
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forgery, signature, sign, forged, fraud, document, advantage, Crimes Act, Criminal Code, penalty, jail
16 Jan 2020

Signature forgery could land you ten years in jail

Forgery has been prominent in the news over recent years, with the Banking Royal Commission revealing a number of instances where customers, bankers and advisors had forged signatures in order to achieve their desired, yet dishonest outcomes. While it’s well known that it’s wrong to forge a signature, it pays to understand the law around […]
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