Jacob Carswell-Doherty

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Strata Management Transparency: New Disclosure Requirements for Strata Managers

From 3 February 2025, new regulations enhance strata management transparency. Strata managers must disclose relationships, commissions, and potential conflicts. This aims to improve accountability and build trust in the strata management industry. New Disclosure Requirements Enhancing Strata Management Transparency The amendment introduces a framework requiring strata managers to openly disclose details of any personal or …

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Why it’s essential to have a Will

Why It’s Essential to Have a Will: Estate Planning 101

Understanding why it’s essential to have a Will is the first step in effective estate planning. Estate planning is the strategic process of managing and protecting assets. This is to ensure their distribution following an individuals passing is in accordance with their wishes. The usual steps involved in estate planning are: Identifying Your Assets and …

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NSW Voluntary Assisted Dying Laws

NSW Voluntary Assisted Dying Laws: Eligibility, Process & Safeguards

NSW recently commenced its voluntary assisted dying (VAD) laws following the passage of the Voluntary Assisted Dying Act 2022. After an 18‐month implementation period, the legislation took effect on 28 November 2023, joining Victoria, Western Australia, Tasmania, South Australia and Queensland in permitting terminally ill adults to access life‐ending medication under strict conditions (NSW Government, …

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Equality Amendment (LGBTIQA+) Act 2024

Equality Amendment (LGBTIQA+) Act 2024: Removing Surgery Requirement to Update Birth Certificate

The Equality Amendment (LGBTIQA+) Act 2024 will come into effect on 1 July 2025. The amendment removes the requirement for gender affirmation surgery to update a birth certificate. This change represents a significant reform in how legal identity is determined and recorded. It marks a shift in the treatment of gender identity within administrative law …

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NSW hate speech laws

NSW Hate Speech Laws: Proposed Reforms to Section 93Z of the Crimes Act

Hate speech laws have long been a subject of debate in NSW. The NSW Government is currently considering amendments to section 93Z of the Crimes Act. Proposed reforms seek to increase penalties for hate-motivated offences. The prospect of these changes has sparked discussion among legal practitioners and the public alike. This article examines the proposed …

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Consumer Law Compliance

Consumer Law Compliance: How to Avoid ACCC Penalties for Misleading Practices

Ensuring Consumer Law Compliance under the Australian Consumer Law (ACL) is a critical responsibility for businesses. The ACCC has increased its focus on misleading practices, especially refund policies and consumer rights. Companies that breach the ACL face penalties, reputational harm, and loss of trust. This article outlines ACL obligations and recent ACCC enforcement actions. It …

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Guardianship Disputes NCAT

Guardianship Disputes at NCAT: Resolving Family Conflicts

Introduction The Guardianship Division of NCAT resolves disputes over appointing guardians or financial managers. These disputes involve individuals with impaired decision-making. Family members often disagree when a loved one has cognitive impairment, disability, or illness affecting their capacity. Such situations can lead to complex, emotionally charged, and legally intricate family conflicts. This article explores the …

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AI in law

AI in Law: Risks, Benefits and Ethical Challenges

The legal profession has long been a bastion of tradition—pages upon pages of case law, meticulous research, and the ever-reliable leather-bound books housing centuries of legal wisdom. Yet, in recent years, artificial intelligence has been making its way into this time-honoured field, promising efficiency, accuracy, and a revolution in legal practice. But as we have …

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de facto family law

The Challenges of Proving a De Facto Relationship Later in Life

The law surrounding de facto relationships can be complex, particularly for couples who enter relationships later in life. Unlike married couples, de facto partners must establish their relationship under section 4AA of the Family Law Act 1975 (Cth) to access legal protections. This can be difficult for elderly couples who have spent decades together but …

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Deed of Family Arrangement

Deed of Family Arrangement in Estate Disputes: Key Considerations

Estate disputes can come in many shapes and sizes. Some challenges relate to a Will’s validity. Others challenge a beneficiary’s inheritance or exclusion. One of the mechanisms that parties can use to settle on a resolution is a Deed of Family Arrangement (DOFA). Beneficiaries and entitled persons agree through a DOFA on how to administer …

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