Practice Intelligence | Archive | 2019
02 OCTOBER 2019
High Court shuts down ‘Chorley exception’ cost claims for barristers
In a major decision delivered on 4 September 2019, Bell Lawyers Pty Ltd v Pentelow  HCA 29, the High Court has ended the right of lawyers to claim costs when they are self-represented litigants, saying the special rule was "an anomaly and an affront to the fundamental value of equality of all persons before the law".
16 SEPTEMBER 2019
Criminal Law and Forensic Evidence
Forensic Science in Criminal Trials: Is It a Double-Edged Sword?
Forensic evidence has long been used as a weapon in criminal trials. From fingerprints to handwriting and DNA, scientific analysis is a powerful force, used to exonerate the innocent and convict the guilty. It is also now used to hunt down killers, whose crimes were committed in the decades before science developed DNA profiling, and crack cold cases.
21 August 2019
Caveats and PEXA: a cautionary tale
A caveat may be useful when your client has an interest in land that can’t be protected by the registration of another type of dealing. However, it’s important to lodge a caveat only in respect of a caveatable interest, since lodging a caveat that doesn’t protect a caveatable interest may give rise to a claim for compensation by a person who suffers loss as a result.
The recent NSW Supreme Court case of Guirgis v JEA Developments Pty Ltd reminds us it’s a good time to review what we know about caveats, caveatable interests and lodging caveats – and what we should know.
25 june 2019
Lawyers and ‘Likes’: why it’s time to err on the side of caution
We all have opinions, but just how free are we to express these online? Digitisation and the rise of social media means anyone’s opinions, statements, actions, and comments can now disseminate widely, quickly and uncontrollably.
27 MAY 2019
Co-mediation of thorny multiparty disputes: the advantages and practicalities
Mediation as a process is widely praised by judges and lawmakers for being able to resolve even the thorniest of disputes, often to the surprise of the parties involved.
06 MAY 2019
ALRC Family Law Report: A quick guide for practitioners
With 60 recommendations made over 574 pages, the Australian Law Reform Commission (ALRC) report, Family Law for the Future: An Inquiry into the Family Law System is a long read. The much-anticipated report was tabled in Parliament on 10 April 2019.
To help you find the parts of the report that will matter most to you as a family lawyer or barrister, we spoke to Professor Richard Chisholm AM, former Judge of the Family Court of Australia and author of the LexisNexis loose-leaf service Australian Family Law.
27 MARCH 2019
The Hidden Cost of Free Legal Research
Artificial Intelligence is proving revolutionary for the legal industry. The ability for algorithms to quickly and automatically analyse large data sets is changing processes and opening new opportunities for innovation.