News and resources

Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]

The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]

There is mould creeping up the walls of the property you are renting. The kitchen ceiling is dripping. Loungeroom floorboards are broken. The bedroom window is smashed. The garden fence is falling apart. The toilet won’t flush and the shower is leaking. What are your tenant rights to get things fixed in the property you […]

The recent discovery of asbestos-contaminated mulch across Sydney has highlighted the fact that NSW’s existing environmental laws do little to protect our surroundings from environmental crime and fail to deter would-be offenders and polluters. New legislation increases penalties for environmental crime Put simply, the existing penalties for committing an environmental crime in NSW were shamefully […]

With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]

According to the latest figures from the Australian Competition and Consumer Commission, in 2022 Australians lost more than $3 billion to scammers, including losses due to payment redirection scams – and that is only the losses that were reported to the ACCC. How common are payment redirection scams? As house prices soar, scammers are employing […]

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 […]

A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]

Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]

We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]

Coalition government claimed dump site had support of local community When the previous coalition government announced a national nuclear waste dump would be built on a 211-hectare farm near Kimba in South Australia, it proclaimed it had the support of local people. The dump would take low-level radioactive medical waste and temporarily store intermediate-level nuclear […]

Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]

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 […]

The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]

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 […]

Police and security services are making ever more use of facial recognition technology, which can identify individuals via CCTV by scanning an individual’s face and matching it to images held in a database. No dedicated laws in Australia for facial recognition technology Facial recognition technology (FRT) can be useful, but Australia does not have clear […]

With inflation pushing up interest rates and mortgage costs, many tenants are anxious that their landlord wants to raise the rent. It’s important for both landlords and tenants to know the law regarding rental increases. When can a landlord raise the rent? The landlord can’t raise the rent for tenants who are on a fixed-term […]