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Life means life: life sentences and redetermination in NSW
On 15 September 2026 the NSW Government introduced the Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2026. One part of it is labelled "life means life". It is meant to put beyond doubt that a person given a life sentence in NSW since the 1990 truth in sentencing reforms can never be released and can never have that sentence reopened. This note sets out what a life sentence already means in this State, the redetermination scheme the change is aimed at, and what wou
By Aaron Kernaghan


TikTok after hours: The right to disconnect put to the test
The South Australian Employment Tribunal has rejected claims that after-hours TikTok and Snapchat messages sent to employees breached their right to disconnect. The ruling provides useful guidance on when out-of-hours communications may cross the line. In issue The South Australian Employment Tribunal (Tribunal) was required to consider whether the employer’s conduct prevented the employees from exercising their right to disconnect. Its decisions in Elliot v Mcguire [2026] SA
By Reza Azimi


Secretary Department of Communities and Justice v Soulos
In Secretary Department of Communities and Justice v Soulos [2026] NSWCA 185, the NSW Court of Appeal upheld a $1,389,457.74 damages award against a government employer after a caseworker suffered total psychiatric incapacity following a two-minute segment in an SBS documentary about her former client’s death. The Court found it was reasonably foreseeable that she would identify the client and perceive the broadcast as blaming her for his death. The decision carries important
By Julie Bowker, Aristea Friedrich & Gabrielle Mcready


will my ctp claim go to court?
One of the most common questions we hear from clients is: “Will my claim end up in court?” For most people, the answer is no. The vast majority of Queensland CTP claims are resolved through negotiation without the need for a trial. That’s not because going to court is a bad thing, it’s simply because, where possible, resolving a claim earlier usually saves everyone time, legal costs and the stress that naturally comes with litigation. The Queensland CTP system is specifically
By Sarah Grace


Clerks Award WFH decision - if it ain’t broke
On 27 August 2026, the Full Bench published its decision in the Working from home – Clerks – Private Sector Award 2020 major case, including a draft work-from-home clause (WFH Clause). Following extensive research undertaken by the Commission and hearing submissions from unions and employer groups, the Full Bench has decided to adopt a ‘facilitative clause’. Employers shouldn’t be too concerned – the WFH Clause doesn’t substantially change the status quo on WFH arrangements.
By Shawn Skyring & Alyssa Conejar


Handy hints for employees responding to disciplinary allegations
So you have been provided with disciplinary allegations and you need to give a response. A response can be given verbally in a meeting, in writing or by a combination. It is only in the simplest and least serious of situations that a purely verbal response should be provided. See our factsheets on disciplinary action and interview tips. You may walk out of a disciplinary meeting having given a verbal response and then remember something else to say. Even a verbal respon
By Rob Stevenson


A Fair Work Ombudsman, Commission and now a Court…
Prime Minister, Anthony Albanese has recently announced the Government’s intention to establish a Fair Work Court. This is following criticisms that the legal system can be complicated, costly and not timely in dealing with certain disputes. The Government is looking to remove the need for parties to commence or escalate their matter to the Federal Court of Australia or the Federal Circuit and Family Court of Australia. The Court will be designed for use by both employers and
By Amy Sydney & Laura Wood


Draft Legislation Takes Hammer to Non-Competes
The Federal Government’s proposed ban on non-compete clauses looks set to come to fruition, with the release of the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 ("Bill") earlier this week. The Bill follows the Government’s March 2025 Budget1 commitment to prohibit non-compete clauses for low and middle-income workers and its subsequent consultation2 on non-competes and other restraints affecting worker mobility. The Bill goes further
By Michael Starkey


Why an UP to date binding death benefit nomination (bdbn) matters
A Binding Death Benefit Nomination (BDBN) enables a superannuation fund member to direct the trustee as to who is to receive their superannuation death benefit, provided the nomination is valid and complies with the applicable law and the governing rules of the particular fund. Depending on the circumstances, a member may nominate one or more eligible superannuation dependants and/or their legal personal representative, in which case the benefit is paid to their Estate and d
By Teresa Catalano


Land valuation for renewables projects – important case update
Renewable energy developers should be aware of a recent Queensland case concerning the land valuation methodology applicable to renewables projects in Queensland under the Land Valuation Act 2010, which has ramifications for land tax and local government rates applying to renewables projects. The Queensland Court of Appeal recently handed down a decision concerning the proper valuation methodology under the Land Valuation Act 2010 (LVA) to be applied to Neoen’s 500MW Western
By Mark Cowan & Grace Chiari


Australia’s National Environmental Standards are here: What proponents need to know
On 19 August 2026, the Australian Government made the first four National Environmental Standards (Standards) under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). They carry practical implications for proponents across energy, resources, infrastructure and other sectors. The Standards are now in force as legislative instruments. However, they will not apply to environmental assessments and approval decisions until the new approval tests co
By Amelia Prokuda & Duyen Mai


No Gambling Ads in Live Sport, Stadiums or on Uniforms: Wagering Advertising From 1 January 2027
From 1 January 2027, the betting ads that have become a fixture of Australian sport will disappear from live sport coverage, from stadiums and from player uniforms, and will be cut back sharply on television, radio and online. Parliament passed the reform package on 19 August 2026, after the major parties struck a bipartisan deal in the final sitting days. The following three Bills make it up: the Interactive Gambling Amendment (Gambling Reform) Bill 2026; the National Self-e
By Olivia Gebron


Social Media Defamation Law Australia: Can You Sue?
The governing legislation for Defamation in Victoria is the Defamation Act 2005 (Vic) and corresponding Acts in other States and Territories. Defamation is the publication of material about a person which causes serious harm to an individual’s reputation, either professionally or personally. When this publication occurs online it’s usually called online or social media defamation. The publication can include communication to at least one third party and covers social media po
By Aly Deane


Bondi Icebergs founder Maurice Terzini, Nine and the new privacy tort
Bondi Icebergs founder Maurice Terzini has commenced proceedings in the NSW Supreme Court against Nine Entertainment and his former wife, Emma Addams, in what could be the first substantial case invoking the newly legislated tort of serious invasion of privacy. According to the statement of claim, Terzini alleges that Addams disclosed private information to a journalist employed by Nine, which was subsequently broadcast on 60 Minutes and published in The Sydney Morning Herald
By Leah Mooney, Georgie Austin & Isabelle Ferrali


It’s Not Defamation. So How Did the ABC Just Get Gagged?
Most people assume that suing for defamation is the only way to stop a media outlet from publishing something about you. A lot of people also think that you can only do so if the story is false. In July 2026, the Supreme Court of NSW granted an interlocutory injunction restraining the ABC from using, disclosing or reproducing three professional athletes’ private group-chat messages. In this case, it relied mostly on the equitable doctrine of breach of confidence, rather tha
By Stewart O'Connell


Rebel with a Cause: The Assessment of Serious Harm in MacInnes v Wilson
The defamation proceedings between Charlotte MacInnes and Rebel Wilson have attracted a significant amount of media attention given the celebrities involved. From a legal perspective, Justice Raper’s decision serves as a useful example of how the court will approach the assessment of serious harm in defamation proceedings. Background In 2025, actress and musician Charlotte MacInnes commenced defamation proceedings against Rebel Wilson in connection with a series of social med
By Justine Munsie & Jak Yasuda


Shine Lawyers joins forces with leading US litigator Mark Lanier in social media harm investigation
Shine Lawyers is examining whether Australian children, young people and their families may have viable claims against Meta and other social media companies in relation to alleged harms experienced by children and young people linked to social media platform design and use. Shine Lawyers is investigating potential Australian legal action concerning the design, operation and promotion of social media platforms, including Facebook and Instagram, and alleged harms linked to thei
By Shine Lawyers


Are Australian sanction laws constitutional?
In the decade and half since the Autonomous Sanctions Act 2011 (ASA) came into operation, the scope and complexity of the rules it imposes on Australian businesses has increased precipitously. These rules are adopted by the Australian government to influence matters of international concern and, as matters of international concern are currently numerous and propagating, that trend is unlikely to reverse. The High Court of Australia handed down its decision in Deripaska v the
By Alistair Bridges & Sophie Cleveland


Serious invasion of privacy in Australia: First court decision under the new Privacy Act tort
Australia’s new statutory tort for serious invasion of privacy is already being tested in the courts. In Kurraba Group Pty Ltd & Anor v Williams [2025] NSWDC 396, the District Court of New South Wales delivered the first published decision considering the new statutory cause of action introduced by the Privacy Act 1988 (Cth) for serious invasion of privacy. While the decision relates to an interlocutory application rather than a final determination, it provides valuable guida
By Michael Finch & Darci Collins


The Debt Behind the Demand: Insolvency Is Procedural, Debt Is Evidential
A statutory demand remains one of the most powerful debt recovery mechanisms available to creditors. If a company fails to comply with a demand or apply to set it aside within the statutory timeframe, a presumption of insolvency arises. From there, a winding up order can follow quickly - often with serious immediate consequences, particularly for small to medium-sized enterprises. It is sometimes assumed that, once those procedural checkpoints have been crossed, the amount cl
By Sharon Giardina
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