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Interesting articles, speeches and podcasts

Fri Jul 26 2024

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 10 : Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15, Commissioner of NSW Police v Murphy [2024] NSWSC 617 / Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (we are counting this as one case, okay?), Baydoun v R [2024] NSWCCA 65, R v Kellson [2024] NSWDC 137

AI for lawyers : quicker and happier – but better? by Peter Waters and Anna Belgiorno-Nettis of Gilbert + Tobin

The evolution of the duty of utmost good faith : a principles-based approach by Michael Vrisakis, Anne Hoffmann, Tamanna Islam and Isabel Chong of Herbert Smith Freehills

Government debt collection after Robodebt by Lucinda O'Brien, Vivien Chen, Ian Ramsay and Paul Ali on SSRN

Law Report (ABC) for 23 July presented by Damien Carrick - Solving Britain's prison crisis ; kids who don't repay the 'bank of mum and dad'

NSW Government plan for a nature positive future by Claire Smith, Caitlin McConnel and Jennifer Williams of Clayton Utz

Privacy, punishment and private law, Andrew Roberts and Megan Richardson in E.Bant, W.Courtney, J. Goudkamp, and J. Patterson (Ed’s), Punishment and Private Law (2021: Bloomsbury)

Stop the clock : the Federal Court finds a clause limiting the time in which a claim may be brought is unfair and void by Peter Sise of Clayton Utz

Supreme Court ruling may put presidents above the law – but even kings never were by Jay Rubenstein on The Conversation

Understanding proportionality in legal costs : insights from Shallhoub v Johnson by Justin Pennay and Samantha Jack of McCabes

News

Fri Jul 26 2024

Interesting articles, speeches and podcasts

Fri Jul 19 2024

The butterfly effect - where is the line with causation? by Moashka Audit of Jackson McDonald

Did you intend to be bound? Contract formation revisited by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Katherine Mallik, Greg Midgley, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Natalie Speranza and Joanne Teagle of Clayton Utz

Does 'practical completion' in a contract mean 'completion' under the Home Building Act? by Andrew Hales, Karen Hanigan and Jenny Lin of MinterEllison

A farewell to arms by the Australian senior judiciary?, Justice Logan, New South Wales Tri-Service Legal Panel Dinner

How Europe's human rights and environmental due diligence directive will impact Australian businesses by Dr Phoebe Wynn-Pope, Heidi Roberts, Kate Gill-Herdman, Louise Lee and Isabella Satz of Corrs Chambers Westgarth

Law Report (ABC) for 16 July presented by Damien Carrick - How does a judge know if an offender is truly sorry?

Public Interest Disclosures Act 2022 (NSW) : the good, the difficult and the confusing by Riley O'Keeffe on Australian Public Law

Re-imagining the laws of nature – storying rules of hyperconnected futures, Dr Michelle Lim at University of Sydney

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The legal requirements on police to consider alternatives to arrest

New judgments

Fri Jul 19 2024

Culhana v State of New South Wales (NSW Police Force) & Others [2024] NSWPIC 257 - workers compensation, application for compensation in respect of death of worker, deceased worker had an accepted psychological injury, whether Barrett’s oesophagus, adenocarcinoma and subsequent death resulted from the psychological injury

Eedra Zey (formerly using the pseudonym Eva Williams) v State of New South Wales (No 2) [2024] NSWDC 289 - intentional torts, "antecedent provocative conduct"

The Owners – Strata Plan No 64757 v Sydney Remedial Builders Pty Ltd [2024] NSWCA 85 - home building, practical completion

Interesting articles, speeches and podcasts

Fri Jul 12 2024

Artificial intelligence and legal practice: new guidelines for practitioners by Greg Williams, Stephanie Khan, Alex Corsaro and Lilly Langford of Clayton Utz

Ken Wyatt - the Noongar boy who made history on Conversations with Richard Fidler

Knowing assistance and knowing receipt : divergences between England and Australia, The Hon. Justice White for Law Extension Committee

Law Report (ABC) for 9 July presented by Damien Carrick - Children and medical consent

New draft ruling : who is an employee, according to the ATO? by Amber Agustin of Gadens

"Plain as a pikestaff" – setting aside a statutory demand on the basis of a genuine dispute by Alan Wrigley of McCullough Robertson

The position of executors before grant, The Hon. Justice White for the Bar Association

Separation, superannuation and evidencing the end of a de facto relationship by Rachell Davey of Lander and Rogers

We don't need no GCO : Federal Court lays another brick in the CFO wall by Moira Saville, Liam Burgess and Kristian Metzler of King and Wood Mallesons

New judgments

Fri Jul 12 2024

Astill v R [2024] NSWCCA 118 - crime, tendency evidence, where tendency alleged was constituted by charged and uncharged acts

Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 - cultural heritage, "protected object of a foreign country" purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth), whether the artefact is liable to forfeiture under s 14(1) of the Act

Interesting articles, speeches and podcasts

Fri Jul 05 2024

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - R v Early (No 4) [2023] NSWSC 505, Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363, The King v Anna Rowan – A Pseudonym [2024] HCA 9, R v Bredal [2024] NSWCCA 75, McMillan v R [2024] NSWCCA 83

The art of merits review : significant changes to membership provisions, Justice Kyrou, 2024 COAT Annual Conference

Cognition, language, and law : introspective reflections on how we learn, teach, and understand law across languages and legal systems by Juan Diaz-Granados, Australian Catholic University

Law Report (ABC) for 2 July presented by Damien Carrick - A deep dive into diplomatic immunity

Responsible government and the Australian Constitution book forum - author's response by Benjamin B Saunders on Australian Public Law

"Significant use" not enough - taxpayer's High Court appeal dismissed in Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue [2024] HCA 20 by Richard Snowden , Jane Ma and Sam Finlayson of King and Wood Mallesons

Whistleblower laws under review : insights and impacts five years on by Annamarie Rooding , Angela Weber and Georgia Peake of King and Wood Mallesons

New judgments

Fri Jul 05 2024

Wilkinson v Wilson Security Pty Ltd (No 3) [2024] FCA 705 - industrial law, where first respondent provided one continuous 'long break' per roster cycle - where applicant required to work more than 48 hours without a 'long break' - where applicant required to work an additional 15 minutes per shift - where each shift included 'night span' hours but no permanent night shift allowance paid - where no unpaid breaks provided - where paid breaks were informal and taken opportunistically