Ethos

The Palladium in the Pandemic: The restriction of jury trials in the ACT

11 Apr 2022

The Palladium in the Pandemic: The restriction of jury trials in the ACT

The right to be tried before a jury has been described as a ‘palladium of liberty’. But what happens when this hallowed right clashes with public health? This question was posed to the ACT Court of Appeal in Vunilagi v The Queen, and law student Kevin Tanaya examines the case in depth. From the Autumn 2022 edition of Ethos.

The multi-door courthouse

11 Apr 2022

The multi-door courthouse

Our Alternative Dispute Resolution Committee presents the next part in their ongoing series about the ins and outs of ADR. Learn about the multi-door courthouse concept, which envisages a court offering an array of options for the resolution of legal disputes. From the Autumn 2022 edition of Ethos.

Ducks and roosters: The distinction between employee and independent contractor

11 Apr 2022

Ducks and roosters: The distinction between employee and independent contractor

What is meant by ‘employee’ and ‘contractor’ has changed over the years as the nature of work has evolved. John Wilson and Kieran Pender discuss the complexities of this distinction in light of two recent High Court cases. From the Autumn 2022 edition of Ethos.

Ethics and standards in practice: Fundamental duties

20 Dec 2021

Ethics and standards in practice: Fundamental duties

In our regular in-depth ethics case study, Professional Standards Manager Rob Reis discusses a recent case. Under Rule 4 of the ACT Solicitors Conduct Rules, a solicitor must be honest in all dealings in the course of legal practice, and deliver legal services competently, diligently, and as promptly as reasonably possible. In this case study, disciplinary proceedings led to a solicitor being removed from the roll when a judge determined that the solicitor’s remorse and insight were not accompanied by evidence of genuine recognition of wrongdoing. From the Summer 2021 edition of Ethos.

What is alternative dispute resolution all about?

20 Dec 2021

What is alternative dispute resolution all about?

The Law Society’s Alternative Dispute Resolution Committee has prepared a brief outline to explain what ADR is. From the Summer 2021 edition of Ethos.

Vaccine mandates and ‘lawful and reasonable’ directions: What can an employee be made to do?

20 Dec 2021

Vaccine mandates and ‘lawful and reasonable’ directions: What can an employee be made to do?

Controversy still lingers over the question of whether it is lawful and reasonable for an employer to require their employees to be vaccinated against Covid-19. John Wilson and Kieran Pender explore this question in light of a Fair Work Commission decision in December 2021. From the Summer 2021 edition of Ethos.

The orthodox muddle: Gillick competence and consent to treatment for gender dysphoria

20 Oct 2021

The orthodox muddle: Gillick competence and consent to treatment for gender dysphoria

Monica Serci and Alexandra Elgue of Parker Coles Curtis revisit Re: Imogen, a parenting case that appeared before the Family Court of Australia last year. From the Spring 2021 edition of Ethos.

Death benefits: The obligations of legal personal representatives in relation to collecting superannuation

20 Oct 2021

Death benefits: The obligations of legal personal representatives in relation to collecting superannuation

What are executors’ and administrators’ obligations in relation to collecting superannuation death benefits? Gillian Hunter from the Elder Law & Succession Law Committee provides background and guidance on this thorny issue. From the Spring 2021 edition of Ethos.

Wills and safe custody packets: Can they be disposed of lawfully?

20 Oct 2021

Wills and safe custody packets: Can they be disposed of lawfully?

John Buxton of McInnes Wilson Lawyers discusses the current laws around disposing of client documents, provides some guidance for ACT lawyers, and gives some suggestions for how existing legislation could be improved. From the Spring 2021 edition of Ethos.

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