Never miss another article.
Subscribe to our mailing list today.

Worth Knowing

The un-palletable consequences of taking guarantees on trust

On the very first page of the leading Australian textbook on the law  of trusts, you will find the statement that, “a trust is not a juristic person with the legal personality distinct from that of the trustee and beneficiary”.  This is a lawyerly way of saying “a trust is a relationship – it is

Read more
November 24
2019
Commercial Law Litigation and dispute resolution

Trade mark claims in industrial disputes? Not Really Maintainable, Actually

You might be surprised to learn that an organisation with the word “Roads” in its name would find itself in dispute with the Maritime Union of Australia (MUA) (which is now a branch of the CFMMEU).  However, it’s a long road which has no turning, and as the National Roads and Motorists Association Ltd (NRMA)

Read more
October 7
2019
Employment Law Intellectual property law

“You know how to whistle, don’t you? You just put your lips together and blow.”

Whilst the key to whistling may have been summed up by Lauren Bacall to Humphrey Bogart in To Have and Have Not, it is, unfortunately, not nearly so easy to summarise Australia’s new whistleblower laws which took effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) provides a single,

Read more
September 23
2019
Employment Law Litigation and dispute resolution

The governing law of international arbitration agreements

For many years, Angus has coached intervaristy mooting teams in competitions which involve international disopute resolution (and in particular, international commercial arbitration).  Last year, he coached students from the Thomas More Law School at the Australian Catholic University (who were good enough, despite Angus’ coaching, to finish 27th out of 372 universities competing in Vienna).

Read more
September 16
2019
International dispute resolution International trade law

When will “leave it to the experts” be a terrible idea?

There are many different ways to resolve contractual disputes.  As a consequence, when a contractual dispute arises, the question of which dispute resolution mechanism to use may become a further source of disputation.  For that reason, it is often a good idea to put some thought into dispute resolution clauses when the contract is being

Read more
September 7
2019
Commercial Law Litigation and dispute resolution

We are all publishers now: ignoring online comments no longer an option (extended 12″ mix)

[This is an extended version of an article published in the August 2019 edition of the Law Society Journal.  You can read the published version of the article in the electronic edition of the Journal by clicking here]. “Never read the comments” is often said to be one of the cardinal rules of the Internet

Read more
August 3
2019
Defamation Social media law

August publications in august publications

From time to time, the scribbles we provide for you here find homes in publications even more august than this humble website (it may be hard to believe that you can get more august than this humble website, but true it is).  This month, Angus has articles in the August editions of both the Law

Read more
August 1
2019
Defamation Employment Law SVL in the community

Can you sue an employee who gains employment with a misleading CV?

The provision of misleading CVs by prospective employees can lead to a number of legal problems when the truth is discovered.  In most cases, the employer will dismiss the employee (and provided the investigation has been careful, the employer will usually be on safe ground in doing so). In a number of recent high profile cases, criminal charges

Read more
July 6
2019
Employment Law Litigation and dispute resolution

What is an employer’s duty of care to a careless employee?

It has long been understood that the obligations of employers to provide a safe system of work are owed “not only to the careful and observant employee, but also to the hasty, careless, inadvertent, inattentive, unreasonable or disobedient employee in respect of conduct that is reasonably foreseeable”.  However, in two recent cases (one a safety prosecution,

Read more
May 26
2019
Litigation and dispute resolution Work health and safety

I feel the need . . . the need for a deed

A lease is a lease is a lease, yes?  Well, not always.  If a lease is expressed to be in the form of a deed, then (amongst other consequences) a party who has signed and delivered the lease cannot withdraw their acceptance and “recall” (or back out of) the agreement to lease the premises, even

Read more
May 16
2019
Litigation and dispute resolution Property Law
1 2 3 4 5 6 7