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Blogs and Articles
07 August 2020
Strata law during COVID-19: issues for lawyers
In the third article in our Property Law series, we interview Allison Benson, Principal of Kerin Benson Lawyers, a boutique law firm providing legal services to owners corporations, strata managers and individual lot owners.
Allison answers our questions about the biggest legal issues and changes in the area of strata law as a result of the COVID-19 pandemic.
31 July 2020
eConveyancing and interoperability
With a second Electronic Lodgement Network Operator (ELNO) now in the soft launch phase in NSW and the COVID-19 pandemic putting the spotlight on all things digital and remote, we take a closer look at how eConveyancing will work with more than one ELNO in the market.
28 July 2020
Building rapport during online dispute resolution: different, difficult, doable
Claire Roberts | Barrister | Eleven Wentworth Chambers
Establishing rapport when meeting over a video call to resolve a dispute is much is more difficult than doing so face to face. Sydney barrister Claire Roberts identifies solutions to some of the many practical challenges that may arise involved in establishing rapport while meeting online.
23 July 2020
Exchanging contracts in a digital (and COVID) world: getting it right
When is an exchange an exchange?
It’s important to have a deep understanding of how the courts traditionally viewed the requirements for an exchange of contracts to understand how an exchange occurs in a digital world. This is the first article in our property law series, reporting on the latest issues for property law practitioners during the COVID-19 pandemic.
19 JUNE 2020
The Impact of Coronavirus on Superannuation Legalisation in Australia
Noel Davis | Barrister | Author of The Law of Superannuation in Australia (LexisNexis)
Under the Coronavirus Economic Response Package Omnibus Act 2020 (the Act), superannuation fund members can now withdraw up to $10,000 tax-free from their fund if they have been adversely affected, explains Noel Davis, Barrister and author of The Law of Superannuation in Australia (LexisNexis).
15 JUNE 2020
COVID-19 – Government announces rent relief for some affected tenants
The government has announced that it will introduce legislation to imply a term into some commercial leases allowing tenants to claim a “fair” rent abatement because of restrictions put in place to combat COVID-19. But not all tenants will be able to claim the abatement, and the new implied term differs significantly from existing abatement provisions. Bell Gully partners Jane Holland and David Friar, and senior associate Morgan Powell, explain.
12 JUNE 2020
Electronic signing and remote witnessing of Wills in Australia during COVID-19
Peter Allsopp, Legal Writer LexisNexis Australia
Ordinarily, a Will must be signed in the physical presence of at least two witnesses who must then sign the same copy of the document in the presence of the testator and each other. However, social distancing restrictions brought in as a result of the COVID-19 pandemic have made these requirements impracticable in many cases.
10 JUNE 2020
Lawyering in the time of COVID-19: a Barrister’s perspective
In the interview series ‘Lawyering in the time of COVID-19’ we talk to lawyers from different areas of the industry about how they’ve adapted to the global COVID-19 pandemic.
In the 5th and final interview we talk with Michael Drummond, Barrister’s Clerk at Hemmant’s List.
5 JUNE 2020
Life insurance and the coronavirus disease (COVID-19)
Natasha Fiodoroff, Senior Associate | Kim Waygood, Special Counsel | HBA LEGAL
Should the life insurance industry have seen it coming? COVID-19 has forced life insurers and reinsurers to re-examine their underwriting practices, even in Australia where the loss of life due to the pandemic has not been on the scale seen overseas. While the curve appears to be flattening, the effect of lockdowns on the workforce is staggering. Life insurers should be bracing themselves for a spike in disability claims related to unemployment and psychological illnesses.
5 JUNE 2020
Lawyering in the time of COVID-19: an In-house perspective
The COVID-19 pandemic is creating once-in-a-lifetime challenges for legal practitioners. In this series of 5 interviews we talk to lawyers from different areas of the industry about how they’ve adapted to the global COVID-19 pandemic.
Today, we talk with Aaron Taranto, Corporate Solicitor at Allianz.
3 JUNE 2020
Lawyering in the time of COVID-19: a NewLaw perspective
In this series of 5 interviews we talk to lawyers from different areas of the industry about how they’ve adapted to the global COVID-19 pandemic.
Today, Tomoyuki Hachigo, Co-founder and Principal Lawyer at Sprintlaw discusses how NewLaw hit the ground running in shifting to fully remote work – and how all firms can adjust to the new normal.
2 JUNE 2020
Succession Law: Taking client’s Will instructions in the time of COVID-19
Peter Allsopp, Legal Writer-Lexis Nexis Australia
The extraordinary nature of the COVID19 global pandemic has highlighted the importance of having an up to date Will to ensure that the testator’s estate is distributed in accordance with their wishes.
Although COVID 19 has led many jurisdictions to change their rules for witnessing documents to maintain social distancing, the fundamental requirements for making formal testamentary documents remain the same. This article sets out key issues to bear in mind when taking a client’s instructions to draft a will that will minimise the risk of challenges being made to the validity of the will.
1 JUNE 2020
Lawyering in the time of COVID-19: a Small Law perspective
The COVID-19 pandemic is creating once-in-a-lifetime challenges for legal practitioners.
In this series of 5 interviews we talk to lawyers from different areas of the industry about how they’ve adapted to the global COVID-19 pandemic.
Here, we talk with four small firm lawyers: Leigh Evans, Principal at Annex Legal; Michael Ku, Partner at MGL Lawyers; Meldon D’Cruz, Principal at Cruz Legal and Sami Sara, Partner at Lawcrest.
29 MAY 2020
Travel insurance in the time of COVID-19
Ray Giblett, Benjamin Kende and Timothy Chan NORTON ROSE FULBRIGHT AUSTRALIA
As travel restrictions remain in place for at least part of Australia’s winter, it has become abundantly clear that any plans Australians may have to enjoy a summer in Italy, Spain or England are quickly fading. As new policy sales grind to a halt amidst increasing scrutiny from customers and regulators, how can travel insurers use this time to regain consumer trust, following the Financial Services Royal Commission?
27 MAY 2020
Lawyering in the time of COVID-19: a Big Law perspective
In this series of 5 interviews we talk to lawyers from different areas of the industry about how they’ve adapted to the global COVID-19 pandemic. Here, we talk with Amalia Stone, Special Counsel at Herbert Smith Freehills.
08 MAY 2020
Contravening Family Court Orders during COVID-19: Does the ‘Reasonable Excuse’ Defence Apply?
Kailee Cross LLB (Hons), currently studying Masters of Research (Laws) | MACQUARIE UNIVERSITY
A breach of parenting orders is considered an extremely serious contravention in the Family Courts. Could the ‘Reasonable Excuse’ defence apply during the coronavirus pandemic when a Family Law Act s70NAC order has been breached?
05 MAY 2020
The Impact of COVID-19 on Commercial and Construction Contracts
Angus O’Brien | Barrister | Level 27 Chambers
When commercial parties inevitably consider whether they can perform their contractual obligations, the starting point under Australian law is somewhat unsympathetic. Two possible exceptions have been at the fore of attempts to avoid liability.
04 MAY 2020
COVID-19 and the Law as it Happens: 5 Key Court Cases Examined
Adam Parker, LexisNexis
Since COVID-19 first appeared, Australian Courts have faced considerable challenges. In this article we examine 5 key judgments where COVID-19 had explicitly informed the court’s decision-making logic.
01 MAY 2020
Infographic: The changing face of law in a post COVID-19 world
To know where we’re heading, it’s important to consider where we’ve been.
View the infographic for a fascinating timeline of legal workflow developments including the transformation of the legal industry during and after the COVID-19 pandemic.
23 APRIL 2020
Infographic: Do you have a will for your law practice?
A will protects family members left behind from administrative headache, financial burden and emotional strain. A contingency plan is like a will for your practice – protecting your family, staff, clients and colleagues. View the infographic to discover 8 steps to create a will (contingency plan) for your practice.
23 APRIL 2020
How will COVID-19 affect retail and residential tenancies in New South Wales Law in NSW?
Derek Cassidy QC LLM (Syd) and Brian Ralston LLB (Syd)
22 APRIL 2020
Extraordinary powers in crisis, or unacceptable infringement of civil liberties
22 APRIL 2020
Economy in hibernation funded, but not out of the woods yet
After weeks of coronavirus-related stimulus announcements, Federal Parliament have convened to legislate the latest tranche of funding to protect employees and employers. Treasurer Josh Frydenberg introduced four Bills, two of which created the $130 billion JobKeeper scheme while the other two provided the necessary funding to do so out of the Consolidated Revenue Fund. However, we have been warned we are not out of the woods yet with nation’s unemployment rate to rise from 5.1 to 10 per cent in the June quarter.
21 APRIL 2020
Cybersecurity: Best Practices for Firms and Employees During COVID-19
As COVID-19 forces the legal industry to work remotely, firm cybersecurity protocols are becoming fragmented. This provides ample opportunity for online scammers - one they are capitalising on. The responsibility for data security rests in part with all employees, but luckily a few simple things can be done to minimise cyber risk in this uncertain time.
21 APRIL 2020
Marketing your small law firm during a global pandemic
It’s not business as usual at the moment but it’s the perfect time for law firms to work on a part of the business they never have much time for – marketing. We'll look at four tips to help you up your marketing game and get ready to move ahead on the other side of the crisis.
16 APRIL 2020
A Quick Reference Guide for Criminal Lawyers in Victoria during the COVID-19 Pandemic
Professor Felicity Gerry QC, Victorian Bar | Raphael de Vietri, Victorian Bar
From Bourke’s Criminal Law News Victoria Newsletter, covering some of the fast-moving developments in federal and Victorian state criminal law during the COVID-19 pandemic.
09 APRIL 2020
Opinion: Administration of Oaths and Declarations in Circumstances of Mandatory Self-Isolation
By Paul Collins, Contributing Author, Professional Responsibility in New Zealand
06 APRIL 2020
COVID-19 – When a party cannot meet its contract obligations.
We invite you to watch this pre-recorded webinar, ‘Covid-19 When a party cannot meet its contract obligations’. Dudley Kneller is a Partner at Gadens and a legal expert for LexisNexis® Regulatory Compliance. In this webinar, Dudley outlines how you can protect your business by understanding your key legal and commercial arrangements and addressing major supply and delivery risks.
06 APRIL 2020
When You Can’t Meet in Court: The Pros and Cons of Online Dispute Resolution
Alternative Dispute Resolution During the Coronavirus Crisis
01 APRIL 2020
Parliaments adjourn in a race against time to legislate stimulus for the nation
The nation’s Government is acting swiftly on all levels, local, state & territory as well as federally
31 MARCH 2020
Competition and consumer law issues with COVID-19
Ray Steinwall | Adjunct Associate Professor | Law Faculty, University of New South Wales
Across the country, businesses and consumers are scrambling to find answers to the unprecedented disruptions caused by the COVID-19 pandemic. During this period, the competition and consumer law remains an important vehicle to regulate business behaviour and for consumers looking for relief.
30 MARCH 2020
Tips for lawyers on adjusting to the new normal
The pandemic sweeping across the globe continues to change our lives in multiple ways, including the way we work. By adapting to the new normal of working from home, lawyers can reinvent the way they work and do business – both now and well beyond the crisis.
27 MARCH 2020
Australian, New Zealand regulators lay groundwork for post-pandemic markets
The ongoing response of competition regulators over the coming weeks and months will be critical not just in the short term for businesses’ survival and product supplies. Coordination authorizations and merger decisions made during this period will also be the foundations for resetting competitive tensions in the Australian and New Zealand markets when the virus passes.
26 MARCH 2020
Your COVID-19 decision-making checklist to reduce workforce legal claims
Yoness Blackmore
The COVID-19 pandemic necessarily requires quick-fire action from management and HR.
Many businesses will be doing all they can to reduce their labour costs due to the ever-worsening business climate, while some businesses will be facing unprecedented demand for supply or services, requiring a labour input beyond the capacity of their current workforces.
25 MARCH 2020
Government in action as COVID-19 spreads
As the curve for COVID-19 infection rises, governments across Australia have declared a range of measures aimed at reducing transmission and slowing down the spread of the virus. Restrictions on travel, social gatherings and mandatory non-essential services’ venue closures have come into place, while Federal Parliamentarians rushed to Canberra for a day of urgent sitting on Monday 23rd of March to legislate the Coalition’s economic stimulus package designed to keep the nation afloat.
25 MARCH 2020
COVID-19 and the impact on our Courts: will there be a ‘new normal’ in 2020?
The legal profession and the Australian judicial system are facing challenging times responding to the international COVID-19 pandemic. A central concern of the judicial system is the need to balance the health and safety of the community, the profession, Judges and staff with the need to continue this essential service. This article discusses the current protocols and rules and flags some considerations for lawyers and barristers.
23 MARCH 2020
Coronavirus and the Rule of Law: A Warning From History
Ian McDougall | EVP & General Counsel | LexisNexis L&P
From time to time, every nation has an emergency of one kind or another to face. It tests all aspects of that nation -- the people, the facilities, the finances -- and very occasionally it also tests a commitment to the Rule of Law.
26 MARCH 2020
COVID-19 – When a party cannot meet its contract obligations
Dudley Kneller | Partner, Gadens
The current state of play: The Victorian and Australian Capital Territory governments declared a state of emergency on 16th March 2020 for a period of four weeks as Australia and the rest of the world grapples with COVID-19. The Australian Grand Prix was cancelled last week and there are bans in place for indoor events with one hundred people or more. The National Rugby League and Australian Football League codes are playing to empty stadiums and libraries and art galleries are closed to the public. Government response and action to COVID-19 continues to evolve on a day-by-day basis.
23 OCTOBER 2019
Contingency Planning for Lawyers
Our comprehensive and practical guide to contingency planning will help take the stress away from those ‘what if…’ thoughts.