Ethos

When rights collide: Does a witness intermediary unfairly disadvantage an accused?

27 Jun 2022

When rights collide: Does a witness intermediary unfairly disadvantage an accused?

The recent judgment in R v QX (No 2) marked the first reported challenge to the ACT Intermediary Program since its launch. Kevin Campbell outlines the influence of human rights arguments in the dismissal of this challenge, and the broader implications for the protection of the human rights of victims. From the Winter 2022 edition of Ethos.

The right tools for the job

27 Jun 2022

The right tools for the job

Australia’s treaty obligations under international law are often implemented in domestic law. In this article, Mark Jennings and Joshua Wood consider key articles of the Vienna Convention relating to the interpretation of treaties, and examine how Australia’s treaty obligations are interpreted by Australian courts. From the Winter 2022 edition of Ethos.

Best interests: Family law disputes about Covid-19 vaccination

27 Jun 2022

Best interests: Family law disputes about Covid-19 vaccination

How are the 'best interests of the child' determined when the parents can't agree? Among the many additional challenges for seperated families during the Covid-19 pandemic was whether or not to vaccinate their children. Elizabeth Reardon discusses several cases where parents sought a judicial determination to settle their disagreement. From the Winter 2022 edition of Ethos.

'Post-Pell' Intermediate appellate courts in evidence evaluation in the digital age

27 Jun 2022

'Post-Pell' Intermediate appellate courts in evidence evaluation in the digital age

Can twelve heads judge facts better than one? The Hon Helen Murrell SC, former Chief Justice of the ACT Supreme Court, explores this question in the 36th Annual Sir Richard Blackburn Lecture, "Post-Pell: Intermediate appellate courts in evidence evaluation in the digital age". From the Winter 2022 edition of 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.

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