ArticleSpotlight on indigenous affairs todayWhile the 1967 Referendum created hope for change and improvement for indigenous Australians, this was not the reality.AustraliaGovernment, Public SectorCarroll & O'Dea
ArticleAustralian Immigration Law: What's Changing in 2022? (Part 3) – Updates to the Regional Migration Program and COVID-19 Travel RestrictionsPart 3 covers upcoming changes to the Regional Migration Program and the latest updates to COVID-19 travel restrictions.AustraliaImmigrationCarroll & O'Dea
ArticleThe assessment of damages for flagrant infringement of the Halal-certified Trade Mark under the new section 126(2) of the Trade Marks Act in Halal Certification Authority Pty Limited v Scadilone Pty Limited [2014] FCA 614Unlike injunctive relief for the protection of trade mark interests, compensation requires particular proof of loss.AustraliaIntellectual PropertyCarroll & O'Dea
ArticleDefamation using hyperlinks – To link or not to link – Take Care - Visscher v Maritime Union of Australia (No 6) [2014] NSWSC 350This decision confirmed the Australian approach to liability for defamation in hyperlinked material posted on a website.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleIs a failure to discipline a breach of the school's duty of care?Discusses if a failure to discipline a student constitutes a breach of the duty of care to another student.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleLiebert V Allianz Australia Insurance Limited [2025] NSWPIC 458 – Clarifying The Definition Of "Motor Accident"The case demonstrates that not every injury sustained in that context will be considered a "motor accident" for the purposes of accessing statutory benefits.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleNominating a proper defendant in the Supreme Court of VictoriaThis amendment sets out that once proceedings have been commenced, a proper defendant must be nominated by Form 85A.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleGoogle LLC v Defteros [2022] HCA 27: publisher of defamatory material?The High Court ultimately found in favour of Google, determining that Google had not published the defamatory material.AustraliaMedia, Telecoms, IT, EntertainmentCarroll & O'Dea
ArticleApplicability of retail legislation in Victoria – is GST part of occupancy costs?This article summarises a recent case in Victoria which had to determine whether the Retail Leases Act 2003 applied.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleFederal ban on silica containing engineered stone products comes into force – what workers need to knowBan on the manufacture, supply, processing & installation of certain types of engineered stone products applies from 01/07/24.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleIntention to exercise option and re-negotiationDiscussion about case about an exercise of an option and subsequent negotiation. .AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleNo cooling off period rightPurchasers in NSW have no s66S cooling off period rights where a contract for sale of residential property is formed pursuant to a call option or a put option.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleResidential Tenancies Act case in the NSW Court of AppealThe case demonstrates the difficulty a landlord can have in evicting tenants because of behaviour - even when criminal.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleSome buyers of residential property liable to pay GST to ATOThis new legislation will make purchasers of certain residential property liable for paying GST on the purchase price.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleThe new Low Rise Medium Density Housing Code - a contentious middle ground.New Code raises debate between promoting construction of desired development against community concerns.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleNSW State Taxes- Not dead yet!The NSW Treasurer announced a further extension of NSW State taxes in his June 12 budget.AustraliaTaxCarroll & O'Dea
ArticleAvoiding Legal Landmines in AI Usage by your staffIt is crucial to consider the potential risks of using generative AI (like ChatGPT) and to mitigate them.AustraliaTechnologyCarroll & O'Dea
ArticleAnd breathe! Productivity Commission's final report into philanthropy releasedThe Commission's final report was released on 18 July 2024.AustraliaTaxCarroll & O'Dea
ArticleArticle 3 – What happens when things go wrong with your TPD claim?Getting into a disagreement with your insurer can be frustrating and a very tricky affair, even when it is justified.AustraliaInsuranceCarroll & O'Dea