The breadth of the concept of justice – Australian Academy of Law

Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, based on the theme of ethics in law and business. They proved to be very popular, each one drawing large audiences, with many audience questions directed to the eminent panels leading the debates. The Academy […]

Avoid misleading cases – cite the latest court decisions

With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case law is relied upon. Justice Derrington of the Federal Court recently took issue with the lawyers appearing in a matter before him because they relied upon a decision of the SA Supreme Court that had, […]

A guide for those dealing with clients experiencing mental health and financial stress

Following some articles last year dealing with mental health issues and financial difficulties – see for example Financial failure, bankruptcy and mental ill health, and Mental health and bankruptcy, a guide has been issued by Mental Health First Aid for use by members of CAANZ, accountants being closely involved in assisting clients on financial issues. […]

Revisiting the Chorley exception

While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage them by what is known as the ‘Chorley exception’. There is a long-standing rule that although self-represented litigants are not entitled to professional costs in acting for themselves in court proceedings, there is an exception […]

Are accountants professionally restricted in advising directors on safe harbour?

A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed and legally non-compliant businesses.  Are these comments disputed? “The APESB represents all professional accountants in Australia – being members of CAANZ, CPA and IPA. The Board’s codes both local and international bind members of those accounting […]

A History of Australian Legal Education, by David Barker

I was pleased to have attended the recent book launch of A History of Australian Legal Education written by my colleague Professor David Barker. The book examines the history and development of legal education in Australia by tracing the establishment of university law schools and other forms of legal education in the States and Territories […]

How to be ethical in the practice of the law: can it be taught?

This open debate, organised by the Australian Academy of Law, is the final in a series of three ethics-themed debates held in Sydney this year. Previous debates have attracted a wide audience of around 200 people. It is being held from 5:30–7pm on Monday 20 November 2017, at the Federal Court of Australia in Sydney. […]

“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.

“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal dealt with the circumstances of DDQ – a solicitor who had practised successfully since 2008 but with a “difficult and arduous” workload, his mental health declined and he left legal practice in 2012. He became […]

Advanced Business Law Conference – the major insolvency reforms: 3 October 2017

I am presenting at the Advanced Business Law Conference at the College of Law in Sydney on Tuesday 3 October 2017. My topic is what the program describes as the Major Personal and Corporate Insolvency Reforms in 2017-2018, described as being “the most extensive reform of insolvency law in a decade”. That statement may in fact […]