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gym injuries, gym injury, gym, liable, public liability, compensation, claim, negligence, negligent, personal trainer, risk, duty of care, waiver, safety
10 Jan 2024

Can you make a public liability claim for gym injuries?

Regular physical exercise is an important part of maintaining health and fitness. People exercise in various locations, such as their local park, running along coastal tracks, or training at home or at a commercial gym. But with exercise comes the risk of sports-related or gym injuries. Gyms often unstaffed and unsupervised As the Covid pandemic […]
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misfeasance, tort, public office, public official, robodebt, Royal Commission, Criminal Code Act, criminal charges, civil charges, malice, harm
28 Nov 2023

Misfeasance in public office and the robodebt debacle

What is misfeasance in public office? The tort of misfeasance – it sounds like an evil spell in Lord of the Rings or Harry Potter, and in a way it’s similar. Misfeasance is a legal term relating to the abuse of power by a person holding public office. Misfeasance and the robodebt scandal The term […]
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deepfake, AI, artificial intelligence, bullying, misinformation, disinformation, image-based abuse, fake news, privacy, cybersecurity, data protection, child protection, defamation, e-safety, online
24 Nov 2023

AI-generated deepfake images create bullying danger

Concerns with the use of artificial intelligence on the internet are growing, due to its potential to design powerful toxins, control robo-missiles, perpetuate online scams, spread misinformation and lies, and create AI-generated deepfake imagery and porn. Children exploiting deepfake imagery for bullying Australia’s online safety regulator reports AI-generated sexually explicit imagery and deepfake porn are […]
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jury duty, juror, court, lawyer, judge, sheriff, accused, crime, evidence, judgment, trial, criminal trial, conflict of interest, victim
17 Aug 2023

I’ve been called up for jury duty. What happens now?

Before you could be called up for jury duty to decide the guilt or innocence of an accused, the fate of the person before the court was usually decided by a priest in the belief that God would intervene on behalf of the innocent. Court trials before juries existed In the past there was no […]
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break and enter, intruder, trespass, entry, premises, dwelling, lease, residential tenancy, agreement, lessee, indictable offence, intimidation, aggravation, corporal violence, Crimes Act, Crown, Court of Criminal Appeal, appeal, High Court, convicted, apprehended violence order
13 Jul 2023

High Court rules it’s not “break and enter” if the intruder’s name is on the lease

Ex-partner accused of break and enter In a recent case involving a break and enter charge, woman was terrified when her former boyfriend kicked down the front door, breaking three locks, forced his way into the apartment, shook her and threw her phone to the floor when she tried to call police. The two had […]
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mental health impairment, crime, criminally, responsible, murder, hallucination, forensic, mental health, mental disorder, tribunal, persecution, victim, perpetrator, cognitive, impairment, anxiety, bipolar, depression, psychotic
20 Jun 2023

When does the defence of mental health impairment apply?

Mental health impairment and “not criminally responsible” verdicts In a recent court case, a man set a fire to a stranger’s house and laughed and cheered as the victim inside burned to death. The judge found that he had a mental health impairment and was not criminally responsible for murder. There was clear evidence Harley […]
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driverless cars, self driving car, automated vehicle, autonomous vehicle, vehicle, car, truck, road, driver, safety, pedestrian, swerve, crash, brakes, computer, law, public road, National Transport Commission, NRMA, accident, traffic, highway
13 Jun 2023

Driverless cars are coming – but whose fault will it be when they crash?

Are driverless cars safe? We know that driverless cars are coming. So imagine the future, when you get into your driverless car, set the controls to take you home, sit back and relax as the autonomous vehicle sets off down the road. You are in the driver’s seat, but your hands aren’t on the steering […]
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21 Apr 2023

Guilty or not guilty – could computers replace judges in a court of law?

Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
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best interests of the child, parent, parenting, child, children, best interests, family law, Family Court, custody, custody dispute, parenting dispute, children's lawyer, child abuse, family violence
14 Mar 2023

Focus on best interests of the child in planned changes to family law

Australia’s family law is facing substantial changes under federal government plans to amend the 1975 Family Law Act, with the new Family Law Amendment Bill to put the best interests of the child at the centre. Best interests of the child to be central to family law system Attorney-General Mark Dreyfus has released for consultation […]
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smoking on balconies, smoking, smoker, non-smoker, apartment, balcony, strata, Strata Schemes Management Act, common property, owners corporation, nuisance, hazard, health, tribunal
22 Feb 2023

Smoking on balconies and the law

Smoking on balconies is the cause of many apartment block disputes. Recently a non-smoking couple took their downstairs neighbours to court to prevent them from smoking on the balcony below. After a protracted dispute, the non-smokers won. Complaint that smoking on balconies affects health and wellbeing A Kingscliff couple took their smoking neighbours who lived […]
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declared dead, legally dead, deceased, missing person, missing, body, assets, will, remarry, presumed dead, presumed alive, natural disaster, mudslide, avalanche, disappearance, murder, misadventure, vanish
21 Feb 2023

Someone vanishes – how long before they can be declared dead?

Someone disappears. Years go by and they are still missing. There is no message, no letter, nothing to indicate whether they are still alive. No body is found. Families are in limbo. Can their partner legally remarry? When can the missing person legally be declared dead, their will enacted and their assets distributed? Can someone […]
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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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gel blaster, replica gun, gun, pistol, toy gun, gel gun, rapid-fire, water-soaked, gel, police, firearm, fake firearm, fake gun, paintball, Queensland, NSW, eye injury, security guard, armed, Glock, firearms licence, Category A, gel replica, robbery, conviction
12 Jan 2023

Having a gel blaster risks jail in NSW

Having a gel blaster – a lifelike replica gun that shoots pellets of water-soaked gel – is illegal in NSW. Gel blasters are considered so dangerous that police have written to every school across NSW warning young people face jail if found with such a weapon. Gel blaster guns illegal in most Australian states Gel […]
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electric scooters, scooter, e-scooter, trial, NSW, law, commute, road rules, pedestrian, safety, rider, cycle path, road, footpath, insurance, accident, injure
03 Nov 2022

Electric scooters a legal grey area as trial conducted in NSW

Visit any city in Europe nowadays and you will be astonished at the number of electric scooters zipping around carrying one or even two people, at speeds up to 25 kph. Men and women in office clothing commute to work on them. Teenagers ride them to school. At night glammed-up folk scooter off to parties […]
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ANPR technology, ANPR, driver, criminal, traffic, offence, car, vehicle, motor, unregistered, uninsured, stolen, licence, RBT
14 Oct 2022

Almost twenty years on, ANPR technology still surprises unwary drivers

Although automatic number plate recognition (ANPR) technology has been around for many years now, its use still catches many drivers unawares and leaves some questioning its “Big Brother” aspect. However, its importance in criminal investigations leaves little doubt as to its continued value for the community. How does ANPR technology work? Automatic number plate recognition […]
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16 Aug 2022

Covid vaccination for children – who decides when parents can’t agree?

Objections to Covid vaccination for children on various grounds Covid vaccination for children has been a hotly disputed topic. What happens when one parent wants their child to be vaccinated against Covid-19 and the other parent is dead against it? They might be opposed because they don’t believe the vaccine has been proven safe for […]
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Roe v Wade, trigger laws, Dobbs v Jackson, USA, Constitution, amendment, Supreme Court, abortion, ban, overturn, precedent, lobbyist, anti-abortion, Bill of Rights, due process
26 Jul 2022

Roe v Wade overturned – will it set a precedent for Australian law?

Roe v Wade establishes constitutional protection for abortion in 1973 If you had recently asked someone about the significance of the US Supreme Court decision in Dobbs v Jackson Womens’ Health Organisation, you’d likely get a blank look. But if you had referred to “the case that overturned Roe v Wade”, it would be quite […]
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rescind a contract, rescission, dispute, sale of land, buyer, seller, mental illness, impediment, mentally ill, incapacitated, diagnosed, Mental Health Act
21 Jul 2022

Can you rescind a contract for the sale of land due to mental illness?

by Anneka Frayne and Talitha Fishburn As the incidence of mental illness and the awareness of it continue to grow, there is an increasing likelihood of one or the other party wanting to rescind a contract for the sale of land due to mental illness. What does it mean to rescind a contract? With property […]
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