Civil Law

For a contract to be valid, all parties must have contractual capacity. Certain classes of people do not have the capacity to contract. For example, a person who has a mental disorder that means they are unable to understand the nature of the contract, lacks contractual capacity. Persons under the age of 18 have a…

Today primary and secondary school students around the world walked out of school to demand action on climate change. Inspired by Swedish activist Greta Thunberg, the 16-year-old who organised the first student strike over climate change in August 2018, the students striking in Australia made three specific demands to the Morrison government: Stop the Adani…

Today is International Women’s Day (IWD), a day that has been used to celebrate the achievements of women since 1910. International Women’s Day was first marked in Australia in Sydney in 1928 and had spread to all capital citied by 1931. Today, IWD is a day to reflect on the progress that has been made…

Obtaining the benefit of a monetary judgment whereby the successful party is to claim a sum of money from the unsuccessful party can often be a stressful and difficult process. Whether the monetary judgment was obtained through succeeding at a trial or in default of the unsuccessful party doing something that they were obliged to…

On 14 February 2019, the Industrial Chemical Charges Bill 2017 passed the Senate. The bill will limit the circumstances in which cosmetics that have been tested on animals can be placed on the Australian market. Australia has been slow to legislate against the use of cosmetic animal testing. The UK passed legislation in 1998 and…

In Western Australia, legislative protections against sexual harassment exist both under the Equal Opportunity Act 1984 and under the federal Sex Discrimination Act 1984. If you experience sexual harassment in Western Australia, you can make a complaint either to the Western Australian Equal Opportunity Commission or to the Australian Human Rights Commission. Which body you…

The Victorian Premier has announced the state will be passing legislation to outlaw the controversial practice of gay conversion therapy. The Health Complaints Commissioner, which commenced an inquiry into the practice last year, found overwhelming evidence that the therapy does long-term damage to people who receive it. The inquiry into gay conversion therapy On 15…

When you are living in an urban area, you are likely to have neighbours in close proximity to you and you may be affected by their actions or inactions. Neighbourhood disputes commonly arise in relation to trees, shared fences or animals. While disputes about trees and fences are governed by the Neighbourhood Disputes (Fences and…

People living in the ACT are protected against sexual harassment by both territory and federal law. The Discrimination Act 1991 prohibits sexual harassment in the ACT and the Sex Discrimination Act makes it unlawful at a federal level. People living in the ACT who experience prohibited behaviour can complain either to the ACT Human Rights…

In 2006, Victoria passed the Charter of Human Rights and Responsibilities. The Charter is an ordinary act of parliament that sets out the rights, freedoms and responsibilities of all people living in Victoria. The Charter of Human Rights and Responsibilities requires all public authorities in Victoria to act in a manner consistent with the twenty…

The Human Rights Act is an ordinary act passed by the ACT parliament in 2004. It promotes human rights in the ACT by requiring ACT legislation to be interpreted in a way that is consistent with its provisions. The ACT is one of only two Australian jurisdictions to have passed human rights legislation (the other…

Whilst in some respects South Australia has led the way in spearheading law reforms to protect the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people, in other respects, the state lags behind the rest of the country in its protection of LGBTIQ rights. South Australia was the first Australian state to decriminalise…

South Australians are protected from sexual harassment both under state law, in the form of the Equal Opportunity Act 1984 and under federal law, under the Sex Discrimination Act. Sexual harassment means any conduct of a sexual nature that is unwanted and that a reasonable person would find offensive. Definition of sexual harassment Under the…

On 16 January 2019, the NT Coroner handed down his findings in the inquest into the death of Australian Defence Force soldier Jason Roger Challis while taking part in a live firing exercise near Darwin. The 25-year-old died after being shot in the head by his fellow soldiers after taking up an incorrect position behind…

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…