Blog
Where have case sobriquet gone?
Once upon a time, important decisions of the High Court of Australia attracted a sobriquet. This is a name that allowed a short-hand reference to the case. Some were delightful, some merely descriptive. There were abbreviations, subject matter based names, cryptic and more. Some were, and some still are, emotive. … read more
What’s a bailment?
And how does it affect a solicitor holding documents for a client? For at least three hundred years [1] the law has given rights to a person in possession of goods [2] , even if the person in possession has no other basis for claiming an interest in them. So rights can … read more
NEWSFLASH: SANTA’S BEEN ARRESTED
NEWSFLASH: SANTA’S BEEN ARRESTED Unbelievable but true. Santa’s been arrested. Twas the night before Christmas, and all through the place. Not a creature was stirring, except the Police. People had started, to call for the cops. When they hears sled noises, on their roof-tops. Santa has been … read more
2016 National Conference of AGAC
I had the pleasure of attending and presenting a paper at the 2016 National Conference of AGAC (the Australian Guardianship and Administration Council) in Sydney on 17 October 2016 [1] . The theme of the conference is Reflecting Will and Preference in Decision Making. The theme was chosen to advance the alignment … read more
The Law and Justice Foundation
The Law and Justice Foundation is in its fiftieth year. It was established in 1967 to improve access to justice in NSW, particularly for the socially and economically disadvantaged. Since 1999, that remit has been partly achieved by giving Justice Awards [1] . This year these presentations will be held on … read more
Leading for your future
I am one of six solicitors who share the goals of maintaining and developing legal work for solicitors, preparing for the changes with the practice and delivery of legal services, and advancing the careers of members. We have varying experiences, places of work and areas of legal practice that allow … read more
Charter for the Advancement of Women
On Monday 10 October 2016 the Law Society of NSW will launch its Charter for the Advancement of Women. I’m attending the launch and I support the Charter because it takes two further steps in the journey for true equality for half the profession. The first is the promotion and … read more
Let’s celebrate NSW Young Lawyers
On Thursday night I’m attending a function arranged by NSW Young Lawyers. It’s an opportunity to farewell Renée Bianchi, who will end her year as President of NSW Young Lawyers. Renée has achieved her goal of increasing the organisation’s engagement. She now hands over to Emily Ryan, a solicitor with … read more
Connecting with Justice Connect
On Thursday evening Professor Gillian Triggs is addressing a gathering of current and former board members and supporters of Justice Connect.
Standing for re-election
I am a candidate for election to the Law Society of NSW Council. The election is conducted from 27 September to 24 October 2016. Why stand for re-election? I have been a Councillor for the past 6 years. I have put my name forward for re-election as there is still … read more
Elder abuse program has started
At the beginning of 2016 the Law Society of NSW established an Elder Abuse Working Group. I’m pleased to chair that small but dynamic group, which also consists of Ruth Pollard (NSW Trustee & Guardian), Sue Field (Western Sydney University) and Ray Ward (Lawcover). We put together a program of … read more
Succession conference was a stunning success
The Blue Mountain Law Society’s Succession conference over the weekend of 17 and 18 September was a stunning success. The weekend commenced with Justice Philip Hallen opening the inaugural conference by outlining the operation of the Supreme Court’s Family Provision List and seeking practitioners’ response to possible new initiatives. … read more
Dear Diary – A couple of months in my life as a Law Society Councillor
During my six years as a Councillor of the Law Society of NSW, my most frequently asked question has been: What does a Councillor do? The short answer is that a Councillor is a director of the company known as Law Society of NSW. With the other Councillors I’m involved … read more
How do you solve a problem like intestacy?
Intestacy is the state of affairs where a person dies without disposing of their assets on death [1] . Determining who inherits a person’s assets on their death, where there is not a will or equivalent can be difficult and time consuming. It is helped by having a formula to identify … read more
Homemade wills and will-kits: Are you serious?
Will-making is not like filling in a form: Wills are legal documents involving many technicalities. As a result, in the words of a High Court judge: “attending to their preparation and execution requires the exercise of professional skill and care” [1] . Of course, a will only operates on death. So, … read more
The Future of Legal Services
From an American perspective What does the future hold? It’s a question which has occupied humanity since recorded history, but never more than now. It’s not a question which occupies the attention of any part of society more than another. But it does occupy the attention of the professions and … read more
Lucky 8
The Mandarin speakers in the Chinese population have long regarded the number 8 as lucky. The superstition is based on 8 being a homonym of “prosperity,” “fortune” and “wealth.” The superstition is so strong that the Beijing Olympics commenced at 8.08.08pm on 8 August 2008. Given that that’s 8 years … read more
Fay’s story
The Supreme Court ordered an abortion to end Fay’s pregnancy after her advance care directive was held invalid because of lack of mental capacity It has been said that all adult patients fall into one of three categories [1] : 1 Those who are competent [2] , 2 Those who are incompetent, … read more
Court delays. Isn’t it time to join up the dots?
It may have been subtle but it was there. In Hall v Hall [2016] HCA 23 the High Court of Australia sent a message to lower courts. It also sent a message to the second arm of government, the Executive. The message was that court delays are alien to the needs … read more
The Non-Lark in Larke –v- Nugus
The Non-Lark [1] in Larke –v- Nugus If you’re not a wills and estates lawyer you wouldn’t have heard of Larke –v- Nugus. If you are a wills and estates lawyer, you wish you hadn’t. In simple terms, in the league of cases producing strange legal principles, there’s one that occupies … read more