29 Feb 2024
Court says coal mines can be approved without considering climate change
In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
Read the full story01 Feb 2024
Success in class action for business disruption due to Sydney light rail roadworks
A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]
Read the full story24 Jan 2024
“Is it legal for me to pump water from the river?” – laws governing water use in NSW
Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
Read the full story11 Oct 2023
Court rejects nuclear waste dump after challenge by traditional owners
Coalition government claimed dump site had support of local community When the previous coalition government announced a national nuclear waste dump would be built on a 211-hectare farm near Kimba in South Australia, it proclaimed it had the support of local people. The dump would take low-level radioactive medical waste and temporarily store intermediate-level nuclear […]
Read the full story12 Sep 2023
Traditional Aboriginal fishing in NSW: end to prosecutions long overdue
Indigenous people in New South Wales continue to be targeted and prosecuted under the Fisheries Management Act for participating in traditional Aboriginal fishing practices, leading to disconnection from Country, loss of intergenerational knowledge and adverse health outcomes. Indigenous environmental management practices and cultural traditions Indigenous Australians have managed their lands and waters for millennia, ensuring […]
Read the full story18 Jul 2023
NSW farm trespass laws upheld by High Court
In 2022 the High Court upheld the NSW farm trespass laws, also known as the “ag-gag laws” that make it a criminal offence for animal welfare advocates and others to publish covert video footage taken as a result of trespassing on private agricultural property. Challenge to constitutionality of farm trespass laws Animal protection group Farm […]
Read the full story21 Apr 2023
Guilty or not guilty – could computers replace judges in a court of law?
Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
Read the full story30 Mar 2023
“Rights of nature” redefining humanity’s place in the natural world
The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]
Read the full story22 Feb 2023
Smoking on balconies and the law
Smoking on balconies is the cause of many apartment block disputes. Recently a non-smoking couple took their downstairs neighbours to court to prevent them from smoking on the balcony below. After a protracted dispute, the non-smokers won. Complaint that smoking on balconies affects health and wellbeing A Kingscliff couple took their smoking neighbours who lived […]
Read the full story14 Feb 2023
Clear laws needed for use of facial recognition technology
Police and security services are making ever more use of facial recognition technology, which can identify individuals via CCTV by scanning an individual’s face and matching it to images held in a database. No dedicated laws in Australia for facial recognition technology Facial recognition technology (FRT) can be useful, but Australia does not have clear […]
Read the full story09 Feb 2023
How does Australia decide to send troops to war?
Did you know that only one person makes the decision in Australia to send troops to fight wars? That decision may be based on fear of imminent attack, in response to a request for support from an ally, a first strike against a perceived enemy, or perhaps just to keep a powerful ally on side. […]
Read the full story01 Dec 2022
How much can the landlord raise the rent?
With inflation pushing up interest rates and mortgage costs, many tenants are anxious that their landlord wants to raise the rent. It’s important for both landlords and tenants to know the law regarding rental increases. When can a landlord raise the rent? The landlord can’t raise the rent for tenants who are on a fixed-term […]
Read the full story03 Nov 2022
Electric scooters a legal grey area as trial conducted in NSW
Visit any city in Europe nowadays and you will be astonished at the number of electric scooters zipping around carrying one or even two people, at speeds up to 25 kph. Men and women in office clothing commute to work on them. Teenagers ride them to school. At night glammed-up folk scooter off to parties […]
Read the full story01 Nov 2022
Bad short-term renters and hosts in NSW can now go on Exclusion Register
There is good news for neighbours of rowdy, poorly managed short-term rental accommodation in NSW, with a new Exclusion Register to prevent guests and hosts with two serious breaches of the Code of Conduct in a two-year period, from participating in the industry. What is the Exclusion Register? Since August 2022, bad renters and bad […]
Read the full story06 Oct 2022
Selling a property in NSW – the buyer, the seller, the lawyer and the real estate agent
Selling a property, or buying one, usually involves a buyer (purchaser), a seller (vendor), a lawyer (solicitor) or conveyancer, and a real estate agent. Each of these people has a role to play for the transaction to be completed smoothly, without unnecessary drama or grief. Problems can often arise when one of these people underestimates […]
Read the full story14 Sep 2022
What you should know when buying vacant land “off the plan”
Many people dream of finding some vacant land and building a special home on it. But just as with buying an apartment “off the plan” in a yet-to-be-built apartment block, there are many factors to take into consideration and potential pitfalls to be aware of. What does it mean to buy vacant land off the […]
Read the full story18 Aug 2022
The law on trees blocking the sun
The greenery in my neighbour’s yard keeps getting bigger and bigger – now there are trees blocking the sun from reaching my garden and patio. My flowers are suffering and I can’t enjoy sitting in the sun at home any more. On top of that, the neighbour’s hedge has grown so high it blocks the […]
Read the full story12 May 2022
Impacts of climate change on our children – is there a duty of care?
In May 2021, in what was described as a worldwide landmark judgment, the Federal Court ruled that the minister for the environment had a duty of care to protect children from harm resulting from the impacts of climate change. However, the government succeeded in winning an appeal to the full bench of the Federal Court, […]
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