Civil Law

The ACT is one of the most progressive Australian jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people. The ACT returned a higher ‘Yes’ response than any other state or territory in the 2017 same-sex marriage postal vote, with 74% voting yes.  Although ACT law contains many protections…

Client legal privilege is a common law right that allows people to obtain confidential legal advice. It protects legal advice given to a client (advice privilege) and communications relating to potential litigation (litigation privilege). Legal professional privilege belongs to the client, not to the lawyer. A lawyer may only disclose privileged information if clearly instructed…

Lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people living in Western Australia are protected from discrimination at the federal level by the Sex Discrimination Act. Many LGBTIQ rights are also protected under Western Australian law after a suite of reforms were passed in 2002. However, LGBTIQ rights activists are calling for WA laws to…

As more and more information is stored digitally, a number of cases have come before the courts where a party has argued that a digital document has a testamentary intention and should be treated as a digital will. Traditionally, a will is required to have been executed in accordance with the formalities provided for in…

The Modern Slavery Act will take effect on the 1st January 2019. The  Assistant Minister for Home Affairs introduced the Bill to Parliament, saying that Australia’s legislative framework does not target modern slavery, a problem affecting thousands of people in Australia. The Modern Slavery Act will address modern slavery risks in the Australian business community…

The Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW) prohibit sexual harassment in the following areas of public life: In the course of your employment; In the course of obtaining goods and services e.g. from shops, medical services, government services etc; In the course of obtaining an education in public school, college…

In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. Small claims proceedings are conducted with far less formality than…

A Labor and Greens bill, which would allow parents to choose whether or not to have their baby’s sex recorded on the birth certificate, has passed the Tasmanian lower house. The bill also allows people over 16 to change the gender on their birth certificate if they make a statutory declaration and have the support…

The law on sexual harassment in Victoria is governed by the Equal Opportunity Act 2010. Sexual harassment includes any unwelcome sexual behaviour, which is likely to make a person feel offended, humiliated or intimidated. It can be physical verbal or written. Sexual harassment can be comprised of a single incident or it can be repeated…

Children are generally responsible for the consequences of any wrongful acts they commit. However, the degree of reasonable care to be expected of a child depends on the age and experience of the child. How the liability of children is assessed is in some respects different from how the wrongdoing of an adult would be…

Victoria is one of the most progressive Australian jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people. Gay activism in Australia began in Melbourne, with gay rights organisation such as Daughters of Bilitis, Society Five and Homosexual Law Reform Coalition forming during the 70s.  In 2016, Premier Daniel…

Contributory negligence arises when a plaintiff’s lack of care contributed to the harm or injury they suffered. It can be advanced as a full or a partial defence by a person being sued for the tort of negligence. Whether a plaintiff was contributorily negligent will depend on whether they failed to take the standard of…

A duty of care is a legal obligation to avoid acts or omissions that could foreseeably lead to harm to another person. A breach of a duty of care that leads to harm to someone amounts to the tort of negligence. In Victoria, the law of negligence is governed by the Wrongs Act 1958, and…

Racial vilification is prohibited in Victoria under both state and federal law. While the Racial Discrimination Act makes racially offensive behaviour unlawful at a federal level, the Victorian Racial and Religious Tolerance Act applies to both racial and religious vilification. The act makes it unlawful to publicly vilify a person or a group based on…

A duty of care is a legal obligation imposed on a person to take a reasonable standard of care when doing acts that could foreseeably harm others. Duty of care is an element of the tort of negligence. If a person suffers injury as the result of another party’s negligent act or omission, the injured…

Significant changes were made to the Victorian Residential Tenancies Act 1997 in August 2018. These changes will come into effect progressively, between 2019 and July 2020. Among the changes are provisions setting minimum standards for rental properties, making renting with a pet easier and various other amendments designed to protect the rights of tenants. The…