This is the last newsletter for the year. See you on the other side.

Daily wrap  

• 25-314MR Federal Court orders $250 million combined penalties against ANZ | ASIC
   

• ‘Don’t fall for his charm’: Top Melb barrister named on cheating page [Herald Sun paywall]

  A prominent, married criminal barrister’s double life as a lothario has spectacularly unravelled after being exposed on a Facebook page designed to name and shame cheaters.
   

• Grace Tame demands law reform after Diocese of Ballarat cleared of vicarious liability - ABC News
   

• Court shuts down $60m Gold Coast crypto scheme [The Australian paywall]

  Just $6.7m has been located from a $60m Gold Coast cryptocurrency scheme that encouraged hundreds of Australians to invest their retirement savings.
   

  • Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 5) [2025] FCA 1611 (18 December 2025) 
     

• New hate speech laws cracking down on ‘dehumanising’ rhetoric will go to constitutional limit, Tony Burke says | Bondi beach terror attack | The Guardian
   

• NSW to effectively ban protests for up to three months as premier links Gaza rallies to Bondi terror attack | Bondi beach terror attack | The Guardian
   

  • The NSW premier’s outrageous rhetoric on peaceful protests sows division in our community. It’s unbecoming of his office | Timothy Roberts | The Guardian
     

• Harbour views saved as court blocks controversial marina plan [SMH paywall]

  The proposed marina expansion had raised the ire of residents and was vigorously opposed by the local council.
   

  • Micheal Fountain Architects Pty Ltd v Hunter’s Hill Council & Ors - NSW Caselaw
     

•  Thousands of WA home owners could benefit from class action alleging delays by builder BGC - ABC News
   

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Editor’s picks

• Four hours (and 18 drinks) in the lion’s den with Michael Lee [AFR paywall]

  The Federal Court judge who sits on all the big cases said he would “eschew the somewhat prim abstemiousness” of other lunch guests. He was true to his word.
   

• Prosecution of Naveed Akram | Commonwealth Director of Public Prosecutions
   

• Reddit has good case against Australia’s social media ban - Anne Twomey [AFR paywall]

  The Albanese government’s “world-first” approach is vulnerable to being struck down due to its ineffectiveness in achieving its purpose.
   

• Episode 55 - Juliana Warner - Just Chat - Apple Podcasts

  As President of the Law Council of Australia, Juliana Warner has represented the legal profession on a series of important issues, during a period of great change. In this episode, she returns to the Law Society of NSW to discuss the looming impact of the new AML/CTF legislation, the work of solicitors in local communities and the unfinished business for the profession.
   

• Talking AI in Law: Demystifying the Future – Apple Podcasts

  In this episode, List member Dr Jason Harkess, alongside Bill Doogue, Perry Q Wood, and Kristina Kothrakis, discuss how practitioners are navigating the rise of AI, acknowledging it as a helpful tool when used responsibly and with proper verification.
   

• Statement: Telling us about serious misconduct by lawyers | VLSB+C

  This statement sets out which kinds of misconduct lawyers should tell us about and how to inform us
   

• The Law of Estoppel in Australia - Principles, Case Notes and Precedents by The Hon Steven Rares KC, Quintin Rares
   

• Natanail [2025] FedCFamC1F 640 (10 September 2025)

  CATCHWORDS - FAMILY LAW – LEGAL PRACTITIONER – Where Counsel accepted a brief in a five-day parenting trial before this Court – Where Counsel was already briefed to appear in a part-heard trial before another Judge of Division 2 of the Court during the five-day parenting matter – Where the part-heard trial was adjourned – Where show cause orders made by this Court – Where show cause order included an order requiring Counsel to file any affidavits he had previously been ordered to file in relation to his conduct – Where order made by another Judge of Division 1 of this Court for Counsel to file an affidavit about his conduct – Where Counsel did not comply – Where second order made by that other Division 1 Judge for him to comply – Where Counsel complied – Where Counsel chose not to file that affidavit in this Court contrary to the specific order in the show cause Order – Where Counsel submits he “chose” not to file that affidavit contrary to Orders – Where Counsel referred to the Queensland Legal Services Commission
   

• Overlaps and Intersections in Theory and in Practice – Public Law and Criminal Law in Australia book forum — Australian Public Law
   

• Judge Convicted of Obstructing Agents as They Sought Undocumented Immigrant - The New York Times 

  The Wisconsin state judge, Hannah C. Dugan, was accused of ushering a man to a side door as federal agents waited outside a courtroom.
   

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Daily wrap  

• Liberal $1.5m loan fight to continue into election year - Yahoo News Australia
   

• Tech company wins marathon 10-year unfair dismissal case [The Australian paywall]

  A former TechnologyOne worker has lost his unfair dismissal case after an extraordinary 10-year legal fight that cost the company $10m to defend.
   

  • Roohizadegan v Technology One Ltd (No 6) [2025] FCA 1619
     

• How Tom Silvagni kept his name out of headlines before his rape conviction - ABC News
   

• NSW police unlawfully arrested and choked man then tried to delete footage, watchdog finds | Australian police and policing | The Guardian
   

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Editor’s picks

• R v Stott & Ors (Ruling 7) [2025] VSC 793 (16 December 2025)

  [5] It would not be a fair trial here because I accept, from what I am told (and it seems to be agreed to a greater or lesser extent), that, because of a Victoria Police policy, which is said to be state‑wide, the accused, who are held here at the police cells during the week, are woken every hour at night either by being disturbed in their sleep for a check with a torch, or by being spoken to, and in some cases they are even asked to move or stand up. It is said sometimes it involves only ambient light going into the room. But, either way, the whole point of the policy is to check on the welfare of the accused and, necessarily, one would have thought, it requires the police to rouse or wake them to ensure that they are all right.

  …

  [11] The practice just should stop. It is idiotic. It is cruel. It is bone‑headed. It just should not be happening. Sleep deprivation is a well‑known form of torture.

  …

  [14] Perhaps something needs to be done about it at a higher level. I do not blame any of the police officers here in court. They are just doing their job, as is the nature of their role in the command‑militaristic structure the police have. But those who are responsible for making these policies (or for commanding others to enforce them) really need their heads read. They should think again.

  …

  [19] Here, in Shepparton, we have this relatively new, massive, purpose‑built building, and there are similar buildings in other regional centres, and, yet, if this practice continues, they are not to be used for such trials. What a waste. What a disgrace. Victoria Police should hang their heads in shame. It is disgraceful.
   

• Parliament, the executive and the courts: Who has the last word? - Justice Kennett (FCA)
   

• Judgment Day [Capital Brief paywall]

  It's the busiest day of the legal year, but all eyes are on a trio of fascinating High Court cases set down for 2026.
   

• Lawyers to be educated on using AI | Information Age | ACS

  The ACT Bar Association has partnered with a local technology firm to provide barristers with formal training in the use of artificial intelligence, in what is believed to be an Australian-first agreement.
   

• Hearsay (Bar Association of Queensland) - Issue 102: December 2025 
   

  • A New Cause of Action for Serious Invasions of Privacy - Hearsay
     

  • 10 Minutes with...The Honourable Justice Glenn Martin AM - Hearsay
     

• Australia’s new privacy tort boosting work for law firms - Law Society Journal
   

• Criminal Law as Public Law – Public Law and Criminal Law in Australia book forum — Gabrielle Appleby — Australian Public Law
   

• Book - Towering Judges - A Comparative Study of Constitutional Judges
   

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Daily wrap  

• High Court overturns ruling that NSW government was not liable for light rail delays - ABC News
   

  • Judgment summary - Hunt Leather Pty Ltd ACN 000745960 & Anor v Transport for NSW; Hunt Leather Pty Ltd ABN 46000745960 & Ors v Transport for NSW ABN 18804239602 [2025] HCA 53
     

• Bondi shooter Naveed Akram charged by NSW Police over terrorist attack - ABC News
   

• Tom Silvagni, son of AFL star, sentenced to more than six years' jail for rape - ABC News
   

  • Suppression order decision - DPP v Silvagni (Review of Suppression Order) [2025] VCC 1838 (11 December 2025)
     

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Editor’s picks

• Resignation of top lawyer leaves federal government in the lurch [Capital Brief paywall]

  Who will replace Stephen Donaghue KC as Commonwealth solicitor-general after his shock exit?
   

• WA Solicitor-General joins Supreme Court bench | Western Australian Government

  Craig Bydder SC has been appointed a Judge of the Supreme Court of Western Australia.
   

• Will Reddit's challenge to Australia's "social media ban" succeed? - Anne Twomey - YouTube
   

  • Reddit, Inc. v Commonwealth of Australia & Anor [2025] HCATrans 84 (17 December 2025)

    HIS HONOUR: Gentlemen, I have listed this matter for directions because there is an obvious overlap with The Digital Freedom Project Case. It is important that the cases proceed, at least in part, in tandem and that there be a matching timetable, and so far as possible that there is a common substratum of fact, or at least evidence, bearing on the constitutional question. Can I ask, Mr Wherrett, whether there had been discussions between the parties concerning how this matter might progress?

     

  • On a similar topic - In the matter of an application by Dawn Kelly for leave to issue or file [2025] HCASJ 48 - Edelman J (17 December 2025)

    [3] The relief sought by Ms Kelly is described as "Urgent Injunctive Relief Sought with Supplementary Order". She seeks an initial injunction under s 75(v) of the Constitution against the "Minister for Communications and Sport" from "enacting or giving any legal effect to requirements of the Online Safety Act 2021 (Cth)"…
     

• Smith v The King [2025] VSCA 326 (12 December 2025)

  [7] In addition, the prosecution called the informant, Senior Constable Jordan Norris, who gave evidence that he had asked Mr Taylor for the messages, but Mr Taylor could not provide them because they had been deleted. He did not seize Mr Taylor’s phone for forensic examination.

  [8] The text messages were not adduced by either party.

  …

  [10] After the trial it emerged that the text messages had in fact been obtained by investigators from the applicant’s phone. They had been available to the prosecution and provided to defence counsel. It is clear on reading the text messages that the applicant did not admit the offending in those messages. To the contrary, she denied involvement in it.

  [11] Thus, as the respondent accepted, ‘completely erroneous evidence of a supposed confession was therefore introduced, unchallenged, into evidence’.

   

• Farewell Sitting for the Hon. Justice Peter Garling RFD - Thursday, 18 December 2025 at 9:15 AM - YouTube
   

• Flooding causes early relocation of Land and Environment Court registry counter - Law Society Journal
   

• Notice to the Profession - Federal Court of Australia - National General Protections List

  Following the success of a pilot program conducted between 1 September 2024 to September 2025 the Court has permanently adopted the National General Protections List (the List). The List was established to promote consistency and efficiency in the management of general protections proceedings under the Fair Work Act 2009 (Cth).
   

• AI will kill all the lawyers - A barrister’s warning [paywall]
   

Credit - u/Kasey-KC (Reddit)

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Daily wrap  

• South Australia's Chief Justice Chris Kourakis retires - ABC News
   

• David Sharaz declared bankrupt in federal court hearing prompted by Linda Reynolds - ABC News
   

• HelloFresh and Youfoodz sued by ACCC over allegedly misleading consumers - ABC News
   

• Sacked Qantas workers to get a pre-Christmas payout [The Australian paywall]

  A Federal Court judge has ordered emergency Christmas payments for ex-Qantas workers after receiving written complaints about year-long delays in accessing their compensation.
   

• Tasmanian parliament passes new sentencing laws, leading to stronger punishments for hate crimes - ABC News
   

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Editor’s picks

• Judicial appointment - Stephen Paul Donaghue KC | The Supreme Court of Victoria
   

• Former Daniel Andrews deputy is Slater and Gordon’s new chairman [AFR paywall]

  James Merlino, current chairman of Rest Super, has been appointed to head the board of the plaintiff law firm as it looks to move on from a troubled few years.
   

• Impiombato v BHP Group Limited (No 6) [2025] FCA 1594

  CATCHWORDS - REPRESENTATIVE PROCEEDINGS – settlement – application for approval of settlement – shareholder class action – where applicants alleged that the respondent failed to disclose material information relating to the risks associated with the Fundão tailings dam in Brazil – where the applicants and the respondent agreed to settle the proceeding for $110 million – where the proposed deduction for legal costs and disbursements and funding expenses was $55 million – whether settlement fair and reasonable and in the interests of group members – whether the proposed distribution scheme was fair and reasonable as between group members – whether deduction for legal costs and disbursements and funding expenses fair and reasonable – settlement approved
   

• Michael Wilson & Partners Ltd v Cronan [2025] FCA 1588

  CATCHWORDS - LEGAL PRACTITIONERS – implied jurisdiction of the Court to restrain solicitors – where solicitor has over an extended period engaged in conduct including: tendentious correspondence to the Court; intemperate communications with the solicitors for other parties; making affidavits containing scandalous allegations and which are replete with irrelevant materials; conduct in Court which falls short of the conduct expected of legal practitioners; and including the (legally represented) respondents in communications – order made restraining the solicitor from acting for the applicant in this proceeding
   

• Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2025] FCA 1591
   

  • Context - Business fights against CSIRO seed patents on high-fibre wheat technology
     

• Dezi Freeman and the sovereign citizens movement - Law Report - Apple Podcasts

  This year saw a massive manhunt for alleged police shooter Dezi Freeman in Victoria's mountainous north east. In the past, the 56-year-old has been linked to the sovereign citizens movement. So, who are sovereign citizens? And what impact are they having on Australia's justice system? Guest: Professor David Heilpern, Dean of Law, Southern Cross University; former Magistrate, Local Court of NSW
   

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Daily wrap  

• Former independents launch high court challenge to electoral laws they say favour Labor and Coalition | Australian politics | The Guardian

  Contentious changes to fundraising rules will keep politics a ‘cosy table’ for major parties, Zoe Daniel and Rex Patrick say
   

• Ex-lawyer ordered to repay Palmer $28.5m

  Clive Palmer’s former lawyer has been ordered to repay $28.5m he allegedly stole from the businessman by doctoring legal invoices over a decade.
   

• Snowtown serial killer to remain in jail for ‘bodies in the barrels’ murders after parole approval overturned | South Australia | The Guardian
   

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Editor’s picks

• Joint statement on behalf of the legal profession

  Joint statement by the Victorian Legal Services Board and Commissioner, the Law Institute of Victoria, the Victorian Bar and the Legal Practitioners’ Liability Committee on the tragic events at Bondi Beach.
   

• Reddit says it’s not a social media platform. Australia’s High Court is unlikely to agree - Professor Luck Beck
   

• Today’s livestream - NSD1309/2020 - Transport Workers Union v Qantas Airways Limited - YouTube
   

• Royal Embassy of Saudi Arabia Cultural Mission v Saleh [2025] FCAFC 184

  CATCHWORDS - PRIVATE INTERNATIONAL LAW – foreign State immunity – application for judicial review of decisions of Fair Work Commission – where the Commission found that the applicant was not immune, by operation of the Foreign States Immunities Act 1985 (Cth), from unfair dismissal proceedings under Pt 3-2 of the Fair Work Act 2009 (Cth) – whether the Commission erred in concluding that it was a “Court” within the meaning of s 3 of the FSI Act – whether the Commission erred in concluding that the applicant fell within an exception, under s 12 of the FSI Act, such that it was not immune from the unfair dismissal jurisdiction – whether the Commission erred in failing to find that the relevant employees’ contracts contained “inconsistent contractual provisions” and a law of Australia did not avoid the operation of, or prohibit or render unlawful the inclusion of the provision under s 12(4) of the FSI Act – whether the Commission erred in concluding that the applicant was a “national system employer” within the meaning of s 14(1)(f) of the FW Act – whether the Commission erred in concluding that certain employees were “permanent residents of Australia” within the meaning of ss 12(6) and 12(7)(b) of the FSI Act – application dismissed
   

• ‘Law is the only weapon I have’: a Ukrainian lawyer’s campaign to rescue the children stolen by Russia | Ukraine | The Guardian
   

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Daily wrap  

• ‘Serious breach’: prosecutors face potential privilege probe [The Australian paywall]

  A NSW parliamentary committee has called for prosecutors to be investigated for allegedly using privileged documents to intimidate a judge and have her removed from a criminal trial.
   

  • Dramatic escalation in bitter feud between judge and top prosecutor [SMH paywall]

    The state’s top prosecutor is facing a potential contempt of parliament probe amid an explosive row with a District Court judge.
     

  • Escalating legal feud ‘untenable’ [The Australian paywall]

    Former NSW Bar Association president Arthur Moses says Australia risks exposure to the ‘cancer contaminating the US justice system’ if prosecutors dish out retribution against judges.
     

• Reddit launches high court challenge to Australia’s under-16s social media ban | Social media ban | The Guardian
   

• Former ANZ chief executive Shayne Elliott sues banking giant after losing $13.5m in bonuses - ABC News
   

• Climate protesters win groundbreaking class action against Victoria police over use of capsicum spray | Australian police and policing | The Guardian
   

• Melbourne lawyer Dean Hadjina sentenced to prison for stealing from grieving widow - ABC News
   

  • DPP v Hadjina [2025] VSC 786 (12 December 2025)
     

• Croc wrangler Matt Wright's prison sentence a stark warning after years-long court saga - ABC News
   

• Brittany Higgins declared bankrupt amid Linda Reynolds court saga - ABC News
   

  • Reynolds v Higgins, in the matter of Higgins [2025] FCA 1575
     

• SkyCity shareholder action over $67m AUSTRAC fine dismissed [AFR paywall]

  A SkyCity shareholder brought an application seeking to start a derivative action, where he would sue former executives and directors on behalf of the company.
   

• Elder abuse 'complex' and 'poorly understood' but new laws not needed, parliamentary inquiry says - ABC News
   

• Court hears Dreaming story not 'trump card' to halt Regis Resources' McPhillamys Gold Project - ABC News
   

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Editor’s picks

• The document helping lawyers keep their clients’ names secret [SMH paywall]

  A how-to guide for barristers representing high-profile clients outlines tactics for obtaining suppression orders and seeking favourable treatment from police.
   

  • Parnells Barristers - Proceeding Suppression Order Presentation
     

  • How Tom Silvagni used wealth to fight for secrecy … and why it’s good he lost - Justin Quilll (Thomson Geer) [The Australian paywall]
    The Silvagni family’s 18-month fight to keep their son’s criminal case secret has exposed a shocking flaw in Victoria’s justice system.
     

• Volume 48 Issues 2025 | UNSW Law Journal - UNSW Sydney - incl Volume 48 (Issue No. 4 - Dec 2025): Artificial Intelligence and the Law
   

  • Book Review: The Cambridge Handbook of Generative AI and the Law The Hon Chief Justice Andrew Bell
     

  • Generative Artificial Intelligence in Small Value Consumer Claims: Hallucination Risk, System Design, and Governance in Online Dispute Resolution Vivi Tan, Jeannie Marie Paterson and Julian Webb
     

• Victorian Bar News - Issue 178 Summer 2025
   

• Barbaro v The King [2025] VSCA 321 (12 December 2025)

  CATCHWORDS - CRIMINAL LAW – Appeal – Conviction – Guilty plea to charge of conspiracy to traffick in commercial quantity of drug of dependence – Barrister registered as police informer – Barrister and police persuaded other client to give evidence against applicant – Breaches of barrister’s professional duties – Evidence of other client important to prosecution case against applicant – Integrity of plea impugned by non-disclosure of misconduct of barrister and police – Non-disclosure affecting assessment of strength of prosecution case – Issuable question of guilt – Crown concede substantial miscarriage of justice – Whether new trial should be ordered – Insufficient evidence to justify conviction on conspiracy to traffick charge – Applicant could not have been found guilty of ‘some other offence’ – Not in the interests of justice to order retrial – Leave to appeal granted – Appeal allowed – Conviction set aside – Acquitted.
   

• Judge Amy McGowan - Brief Exchange - Apple Podcasts

  Her Honour Judge Amy McGowan of the Federal Circuit and Family Court of Australia takes us through her compelling and diverse legal career, from her start as a solicitor and her impactful time in the not-for-profit sector, all the way to her significant role as a Senior Judicial Registrar before her appointment as a judge. She offers essential wisdom for legal professionals, emphasising the crucial role of ethical practice and the emotional resilience required to navigate the complex landscape of family law.
   

• KVO25 v Secretary of the Department of Home Affairs [2025] FCA 1584

  [60] The final issue is the Respondents’ application for suppression orders over certain parts of Ms Jones’ first affidavit and a sentence in the Respondent’s submissions. The material which is sought to be suppressed identifies the relevant factors that are used by Australia to decide whether or not to refer a person for consideration for removal to Nauru. Ms Jones in her first affidavit states:

  • these factors remain confidential as they are subject to ongoing negotiations with the Government of Nauru and disclosure would breach an agreement with Nauru that confidentiality would be maintained over the information; and

  • these factors are kept confidential for “operational security reasons” to ensure that implementation of the third country reception arrangement cannot be “gamed” or undermined by individuals with knowledge of the relevant factors.
     

• Open AI, Microsoft face lawsuit over ChatGPT's alleged role in US murder-suicide - ABC News
   

• How Benjamin Netanyahu's corruption trial became a struggle for Israel itself - ABC News
   

• Webinar – Tuesday, Dec 16 – 6PM UK / 1PM EST / 10AM PST - Moneyball for Contracts: Data-Driven Negotiation – Artificial Lawyer
   

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Daily wrap  

• Greg Lynn's murder conviction for death of High Country camper Carol Clay quashed - ABC News
   

  • Lynn v The King [2025] VSCA 315 (11 December 2025)

    [9] For the reasons that follow, we consider that grounds 1 and 2 with respect to conviction must succeed in part. Unhappily, we have concluded that the conduct of prosecuting counsel so compromised the fairness of the applicant’s trial that a substantial miscarriage of justice resulted. In those circumstances, the applicant’s conviction for murdering Mrs Clay cannot be permitted to stand. We would grant the applicant leave to appeal against his conviction; allow the appeal; set aside the conviction; and order a new trial.

   

• Walter Sofronoff loses appeal against finding he engaged in corrupt conduct during inquiry into Bruce Lehrmann's prosecution - ABC News
   

  • Sofronoff v ACT Integrity Commission [2025] FCA 1565
     

• Legal feud escalates as prosecutors move to oust judge from cases [The Australian paywall]

  An explosive feud between the NSW chief prosecutor and a sitting judge has escalated in prosecutors demanding the judge be removed from up to eight cases due to alleged apprehended bias.
   

• Melbourne man Tom Silvagni, son of AFL great, identified as rapist whose name was suppressed | Melbourne | The Guardian
   

• SA courts close amid escalating dispute over correctional services pay - ABC News
   

• Documents reveal ‘bike boy’ defamation claim against Andrews [The Australian paywall]

  Former Victorian premier Daniel Andrews and his wife have rejected a $50,000 settlement offer from ‘bike boy’ Ryan Meuleman in explosive defamation proceedings.
   

• Lawyers defend Tanya Plibersek's part protection of McPhillamys mine site from development - ABC News
   

• Ex-NRL star Jarryd Hayne applies to have civil damages case by rape accuser dismissed - ABC News
   

• Google ordered to pay $55m in penalties for anti-competitive conduct | ACCC
   

  • Australian Competition and Consumer Commission v Google Asia Pacific Pte Ltd [2025] FCA 1554
     

• Landmark case aims to force betting agencies to return gambled stolen millions - ABC News
   

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Editor’s picks

• Experienced barristers appointed to Supreme Court of NSW | Communities and Justice

  Two of Australia’s most experienced barristers, Phillip Boulten SC and Gregory Sirtes SC, have been appointed to the Supreme Court of NSW.
   

• Appointment to the Federal Court of Australia | Our ministers – Attorney-General’s portfolio

  The Albanese Government is pleased to announce the appointment of Mr Craig Lenehan SC as a judge of the Federal Court of Australia.
   

• Will Australia’s social media ban survive a high court challenge from two teenagers? Most likely – here’s why | Luke Beck | The Guardian
   

  • WA government joins High Court fray over social media age restrictions – brief.
     

• Lattey bets the house on an independent, ‘top-tier’ Mallesons [AFR paywall]

  As the China partnership ends, chief executive partner Renae Lattey says Mallesons will be Australia’s “only top-tier independent” firm. But there are sceptics.
   

  • KWM's split decision [Capital Brief paywall]

    A messy announcement underscored the wider breakdown in the relationship between the Chinese and Australian partnerships of King & Wood Mallesons.
     

• Grading Machines: Can AI Exam-Grading Replace Law Professors? - The University of Chicago Law School
   

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Daily wrap  

• Judgment summaries for yesterday’s HCA decisions:

   

  • Sanjeev Kanyan v Minister for Immigration and Multicultural Affairs & Ors [2025] HCA 52
     

  • WHS v The King [2025] HCA 51
     

  • Bed Bath ‘N’ Table Pty Ltd (ACN 005 216 866) v Global Retail Brands Australia Pty Ltd (ACN 006 348 205) [2025] HCA 50
     

    • Retailer Bed Bath N' Table wins High Court case against competitor House - ABC News
       

• Chris Minns’ chief of staff argues court should not be able to compel him to give evidence to parliamentary inquiry | New South Wales politics | The Guardian
   

• Call for Australia to adopt federal human rights act - ABC News

  Legal experts say Australia is lagging in its human rights approach and should adopt a federal human rights act.
   

• Sydney lawyer Sylvan Singh charged with alleged attempts to import drugs - ABC News
   

• Webjet claims sacked chief legal counsel just couldn’t take feedback [AFR paywall]

  The allegation was made in response to Meaghan Simpson’s accusations that the travel agency’s CEO, Katrina Barry, had “irregularities” in her resume.
   

• City of Moreton Bay tells court homeless camps it destroyed were not 'homes' - ABC News
   

• Liberal candidate denies law firm’s claims of bullying and using staff to pursue political ambitions | Victorian politics | The Guardian
   

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Editor’s picks

• ATO found liable for Barnes v Addy knowing receipt of millions | Carrie Rome-Sievers, Barrister
   

  • Kupang Resources Pty Ltd v Commonwealth of Australia (No 4) - NSW Caselaw
     

• Inside the Law and Change with the Honourable Michael Kirby AC CMG –Thce Callover – Apple Podcasts

  The Honourable Michael Kirby AC CMG returns to The Callover for a deeper dive into his remarkable career. From his “curtain call” case to his memorable work at the United Nations, Justice Kirby reflects on the power of multidisciplinary approaches, the role of alternative dispute resolution, and how technology continues to reshape legal practice.
   

• ‘Slow boat to nowhere’: Inside the King & Wood Mallesons divorce [AFR paywall]

  The 14-year marriage began with a dream to conquer the world from the East. But the end was quick and one-sided, to the relief of Australian partners.
   

  • Sanity prevails at Mallesons as partners unwind a deal that aged terribly [AFR paywall]

    The best you can say about Mallesons’ retreat from China is that sanity prevailed. It hasn’t stacked up for years.
     

• Media Release - Commencement of the Australian Pacific Judicial Partnership (APJP) program

  The Federal Court of Australia in partnership with the Courts of 15 Pacific Island Nations is pleased to announce the commencement of the Australian Pacific Judicial Partnership (APJP) program.
   

• Farewell ceremony for the Hon. Justice Ian Harrison - Thursday 11 December 2025 at 9:15 AM - YouTube
   

• How Anthropic uses Claude in Legal - YouTube
   

  • How Anthropic uses Claude in Legal | Blog | Claude

     

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Daily wrap  

• King & Wood Mallesons to split into separate Australian, Chinese firms [AFR paywall]

  The partnership’s troubled marriage is set to end in March after just 14 years. Launched to great fanfare, the union never lived up to its promise.
   

  • King & Wood Mallesons to split after 14-year China partnership [Capital Brief paywall]

    The law firm will end its China partnership in 2026, with the Australian arm to operate as Mallesons.
     

• Federal government deal sending non-citizens to Nauru faces critical High Court challenge - ABC News
   

  • Australia deporting refugee to Nauru may cause his ‘imminent’ and ‘preventable’ death, court hears | Nauru | The Guardian
     

• Linda Reynolds will fight Commonwealth government 'until the bitter end' in lawsuit related to Brittany Higgins - ABC News
   

• Linda Reynolds' pursuit of Brittany Higgins' cash delayed even further
   

• Reddit to comply with Australia’s ‘legally erroneous’ under-16 social media ban | Social media ban | The Guardian
   

• ‘Hardly knew her’: Pratts claim half-sister already got $57m, not on tombstone [The Australian paywall]

  Billionaire Pratt siblings have dismissed Paula Hitchcock’s inheritance claim, arguing their late father never intended she share equally, and already provided her with a $57m bequest.
   

• Mount Gambier woman accused of placing googly eyes on sculpture to begin negotiating with prosecution - ABC News
   

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Editor’s picks

• What does Victoria's historic treaty mean for First Peoples? - Law Report - Apple Podcasts

  Guests: Nerita Waight, CEO, Victorian Aboriginal Legal Service; member of the First Peoples' Assembly of Victoria - Tim Goodwin, Barrister, List A Barristers; advised the First Peoples' Assembly of Victoria on treaty negotiations - Dr Harry Hobbs, Associate Professor in the Faculty of Law and Justice, University of New South Wales - Jeremy Webber, Professor Emeritus of Law, University of Victoria (Canada)
   

• Today’s livestream - NSD1969/2025 - Marsh Ltd & Anor v Greensill Bank & Anor - YouTube
   

• Out of Sight, Out of Mind: A Critique of the Federal Government’s Response to Corporate Law Reform Inquiries - Juliette Overland, Clinton Free and Charlie Guerit - Melbourne University Law Review
   

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Daily wrap  

• Firms take triple what they promised in huge BHP settlement [AFR paywall]

  Law firms have pocketed an extraordinary $48 million from a big shareholder class action against BHP, despite concerns their claimed costs were excessive.
   

• Queensland government facing fresh legal challenge over controversial puberty blocker ban - ABC News
   

• Men jailed for gang raping women at Newcastle bucks weekend have convictions quashed - ABC News
   

  • Maurice Hawell v R; Andrew David v R; Marius Hawell v R - NSW Caselaw
     

• Melbourne CBD “designated area” challenged in Federal Court - Human Rights Law Centre

  Tarneen Onus Browne and Benny Zable, represented by the Human Rights Law Centre, have filed a legal and constitutional challenge in the Federal Court against the Victorian Assistant Police Commissioner’s decision to declare the entire Melbourne CBD and surrounds as a “designated area” for 6 months from 30 November 2025.
   

• Rajwinder Singh found guilty of Toyah Cordingley's 2018 murder on Far North Queensland beach - ABC News
   

• Billionaire battles Melbourne men over $30m coat hanger deal [The Australian paywall]

  A bitter four-year dispute over $30m has reached court, with billionaire Raphael Geminder’s legal team going head-to-head with Melbourne men David Harris and Mark Gandur.
   

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Editor’s picks

• Supreme Court publishes 2024-25 annual report | The Supreme Court of Victoria

  

   

• Greensill Bank AG v Insurance Australia Limited (Privilege Dispute) [2025] FCA 1543

  CATCHWORDS - PRACTICE AND PROCEDURE – legal professional privilege – where BCC Trade Credit Pty Ltd stores its policy data in a ‘live’ cloud-based database provided by Tinubu Square SA – whether privilege attaches to a copy of the database held by third-party accountants providing forensic accounting and investigative support to legal advisers in order for those legal advisers to provide legal advice to the client – held: the copy is privileged – whether privilege is lost in circumstances where an unprivileged copy was not preserved and it was contemplated that modifications to the live database would be made – held: privilege not lost and should be upheld
   

• Referring Legislative Matters to the Commonwealth: Four Common Drafting Issues - John Ledda - Melbourne University Law Review

  The current Commonwealth statute book is replete with legislation that relies on the Commonwealth’s legislative power under s 51(xxxvii) of the Constitution to make laws with respect to matters referred to the Commonwealth Parliament by Australian state parliaments. This article examines uncertainties concerning the scope of the power by focusing on four drafting issues that legislative drafters have commonly needed to consider when preparing legislation for schemes that rely on the power. It is argued that these uncertainties are either overstated or can be addressed using appropriate drafting techniques. Consequently, the power offers a constitutionally sound cooperative mechanism that allows the Commonwealth and the states to legislate for issues of national concern when they individually have insufficient legislative power to do so.
   

• 'Genuine reform' of National Redress Scheme needed, say lawyers - Law Society Journal'

   

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Daily wrap  

• ‘Personal grievance’: NSW’s top prosecutor at war with District Court judge [SMH paywall]

  A row between the state’s top prosecutor and the judiciary has intensified after a District Court judge made extraordinary allegations to an inquiry.
   

  • Submission No 6 - Her Honour Judge Penelope Wass SC
     

  • DPP admits to leak, but denies involvement [The Australian paywall]

    NSW chief prosecutor Sally Dowling says two media officers acted without authority when screenshotting confidential information about an under-age Aboriginal defendant and providing it to 2GB.
     

• High Court to hear appeal against reduced sentence for teenager who killed Emma Lovell - ABC News
   

• Brisbane-based barrister Matthew Hickey being pursued by ATO over long-standing $2.7 million tax bill - ABC News
   

• Lendlease faces $100m hit after losing Sydney land dispute [AFR paywall]

  The developer has lost a court battle over its rights to farmland in Sydney’s south-west. The setback comes as it pursues a radical overhaul of its business.
   

  • Lendlease Communities (Figtree Hill) Pty Limited v Mount Gilead Pty Limited - NSW Caselaw
     

• Children risk life in prison for some violent crimes after Victorian parliament passes bill - ABC News
   

• Lawyers to face regulators after AI was used to prepare legal document - ABC News
   

• Victorian prisoners held in police stations for weeks, lawyer says - ABC News
   

• Legal experts fear Cook’s retail ban plan could clog courts [The West paywall]

  Legal experts warn proposed laws to ban violent shoppers from WA retail stores risk choking the State’s already back-logged court system.
   

• Driver in fatal Daylesford pub crash will face court in bid to avoid giving evidence - ABC News
   

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Editor’s picks

• ‘The State of the Australian Judicature in 2025’ - The Hon Chief Justice Stephen Gageler AC 2025 (Opening Address, Australian Legal Convention, High Court of Australia, Canberra, 21 November 2025)
   

• BDR21 v Australian Broadcasting Corporation (No 3) [2025] FCA 1535

  CATCHWORDS - PRACTICE AND PROCEDURE – where applicant believes that information contained in documents produced by a respondent pursuant to discovery orders tends to show instances of “disclosable conduct” under the Public Interest Disclosure Act 2013 (Cth) (PID Act) – intersection of Hearne v Street obligation (also known as Harman obligation) and disclosures under the PID Act – where applicant seeks release from Hearne v Street obligation in relation to discovered documents to facilitate a “public interest disclosure” under the PID Act – where the ‘public interest disclosure” under the PID Act has not yet been made – where the immunity under s 10(1) of the PID Act does not apply to gathering of information – where s 10(1) of the PID Act is not yet engaged – whether exceptional circumstances exist to grant a release from Hearne v Street obligation to facilitate “public interest disclosure” under the PID Act – release from Hearne v Street obligation granted
   

• CommBar Climate Change Report 2025 - Australian Climate Change Litigation: Annual Review (2025)
   

• Expressions of interest invited for judicial appointments to the Federal Circuit and Family Court of Australia | Our ministers – Attorney-General’s portfolio
   

• Tax-minimising lawyer to ferocious Greens warrior: how an elevator ride changed David Shoebridge’s life | Australian Greens | The Guardian
   

• The Respective Liabilities of Dishonest Fiduciaries and Their Knowing Assistants - Jamie Glister and Pauline Ridge - Melbourne University Law Review
   

• Reappointments to the Administrative Review Tribunal | Our ministers – Attorney-General’s portfolio
   

• Thomson Reuters and Imperial College London announce new Frontier AI Lab | Thomson Reuters
   

• UK IVF couples use legal loophole to rank embryos based on potential IQ, height and health | IVF | The Guardian

   

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Daily wrap  

• High Court agrees to hear teenagers' challenge to under 16s social media ban - ABC News
   

  • The Digital Freedom Project Incorporated (ABN 27 500 105 086) & Ors v Commonwealth of Australia & Ors [2025] HCATrans 82 (4 December 2025)
     

• Bruce Lehrmann is running out of courts after losing his defamation appeal - ABC News
   

  • Bruce Lehrmann an ‘inspiration’? Only to litigants whose cases have crashed and burned | Richard Ackland | The Guardian
     

• Bruce Lehrmann sentenced in Tasmanian court for using car without consent - ABC News
   

• Western Australia's Payarri people celebrate state's 150th native title determination after 30-year journey - ABC News
   

• Signatures called into question in Waislitz sibling-linked feud [AFR paywall]

  Expert analysis questions documents used to transfer shares from Venus Behbahani to her sister, Alex Waislitz’s fiancee, Rebekah Behbahani
   

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Editor’s picks

• High Court special leave results
   

  • Fare fight [Capital Brief paywall]

    Uber is heading to the High Court to challenge an $82 million payroll tax ruling, in a case that could reshape how Australia taxes the gig economy.
     

• “Innovation” - Intellectual Property Society of Australia and New Zealand - Justice Jackman 3 December 2025
   

• HH Mag. Urfa Masood - William and Lonsdale - Lives in the Law - Apple Podcasts

  This week we welcome Her Honour Magistrate Urfa Masood, former criminal barrister, and the first Muslim woman to sit on any bench in Victoria.

  Urfa left Sri Lanka and moved to Australia with her immediate family at the age of 11, leaving behind a civil war and a large, deeply connected extended family.

  After adjusting quickly to life in Australia and excelling at school, Urfa began her law degree at 16 and graduated with honours.

   

• Writing Family Law Judgments for Children - Georgina Dimopoulos - Melbourne University Law Review

  This article examines the practice of Australian family law judicial officers writing judgments for children. Just three published judgments to date in proceedings under pt VII of the Family Law Act 1975 (Cth) have contemplated children as an audience. Informed by a children’s rights-based approach, the article articulates the nexus between children’s participation in court proceedings and effective communication of the court’s decision and reasoning. It explains the value of, and identifies barriers to, judicial officers writing judgments for children in Australian family law. Finally, the article proposes five overarching principles that may guide the development of resources to support this judicial practice. Amidst a climate of family law reform, this article prompts discussion about the role of judgments for children as a strategy for improving children’s experiences of participation.
   

• 2025 Francis Gurry Lecture on Intellectual Property - YouTube

  Unlocking Innovation: Balancing Protection and Access - presented by: Kathi Vidal, former Director, United States Patent and Trademark Office.
   

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Daily wrap  

• High Court strikes down remote NT public housing rent rises - ABC News
   

• Judgment summaries for yesterday’s High Court decisions:
   

  • The King v Tsalkos [2025] HCA 49
     

  • Badari & Ors v Minister for Housing and Homelands & Anor [2025] HCA 48
     

  • Badari & Ors v Minister for Territory Families and Urban Housing & Anor [2025] HCA 47
     

  • Farshchi v The King [2025] HCA 46
     

  • Genesalio & Anor v Justice Johns and other Judges of the Federal Circuit and Family Court of Australia (Division 1) & Ors [2025] HCA 45
     

• Bruce Lehrmann loses appeal against failed rape defamation case as lawyer hints at High Court challenge - ABC News
   

  • Lehrmann v Network Ten Pty Limited [2025] FCAFC 173
     

  • Bruce Lehrmann facing bankruptcy after losing appeal of court finding he raped Brittany Higgins | news.com.au — Australia’s leading news site for latest headlines
     

• Australia’s eSafety commissioner rejects US Republican’s assertion she is a ‘zealot for global takedowns’ | Internet safety | The Guardian

  Julie Inman Grant says Australia’s Online Safety Act ‘does not impinge upon Americans’ freedom of speech’
   

• Court lifts suppression order on Greg Lynn's past interactions with police, death of first wife - ABC News
   

• ‘Addiction to secrecy’: opposition and crossbench slam Labor’s ‘undemocratic’ changes to FoI – including charging fees | Freedom of information | The Guardian
   

• Judge ‘not happy’ with ANZ’s $35m fine for scandal [The Australian paywall]

  ANZ has two weeks to show how it has improved deceased estate compliance, after a judge declared he was ‘not happy’ with the $35m fine ASIC imposed for charging dead customers.
   

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Editor’s picks

• ‘Jobs for mates’ review is damning – and the government’s response is a failure of the highest order | Anthony Whealy | The Guardian
   

• ‘Consent’ and Trespass to the Person: Denial of Liability or Defence? Joachim Dietrich and Iain Field

  The question of whether consent is a defence to battery or whether the absence of consent is an element of the claim is unresolved in Australian law and has received little attention. Different conclusions have been reached on the issue in other jurisdictions and the same question is equally raised by other trespass claims. Yet, how consent is classified (ie as a defence or a denial of an element of a claim) and which party (ie plaintiff or defendant) bears the onus of proving consent (or its absence) may be of practical importance and of theoretical interest, thereby raising fundamental taxonomic questions. The primary aim of this article is to tease out the underlying conceptual, theoretical and practical issues that contribute to the ongoing uncertainties as to who bears the burden of proving, and the correct classification of, consent (or the absence of consent).

   

• Macquarie Law School celebrates 50 years - Law Society Journal
   

• ‘Giant of the Law’: legal profession mourns passing of Maurie Stack OAM - Law Society Journal
   

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Daily wrap  

• Bruce Lehrmann to learn fate of his Federal Court appeal of failed defamation case - ABC News
   

  • Livestream from 10:15am AEDT - Federal Court of Australia - YouTube
     

• Rise in threats by sovereign citizens sparks call for Victorian judges to receive security allowance - ABC News
   

• ‘Adult time’ sentencing laws incompatible with human rights, attorney-general admits [The Age paywall]

  The laws were introduced in the first day of a frantic final week of parliament.
   

• Two SA men found guilty of charges arising from ANOM app

  Two South Australian men are the first in the state to be found guilty after standing trial for charges arising from the major police operation.
   

• Racial discrimination claim part of ‘deliberate campaign to discredit’ Mary Kostakidis, court documents allege | Australian media | The Guardian
   

• Hundreds potentially affected by Victoria police weapons searches that breached law | Victoria | The Guardian
   

• Defending Lattouf sacking has cost the ABC more than $2.6m [AFR paywall]

  Industry estimates put costs in the matter at close to $1.5 million, but questions on notice reveal the case cost the ABC much more.
   

• Operator of jumping castle involved in six deaths seeking court costs

  The operator of the jumping castle at the centre of the tragedy in which six schoolchildren died in 2021 is seeking to recoup potentially “millions” in court costs following her being found not guilty of a health and safety charge in relation to the incident.
   

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Editor’s picks

• High Court to publish / hand down 4 decisions today - Court List 3 December 2025 
   

• High Court ends the year tackling protests and private trusts [Capital Brief paywall]

  The High Court's December docket also includes a test for the federal government's move to send immigration detainees to Nauru.
   

• Livestream today - VID1209/2025, VID1210/2025, VID1211/2025, VID1212/2025 ASIC v ANZ Banking Group Ltd - YouTube
   

• Jaksic-Repac v Dundjerski - NSW Caselaw

   

  • Context - Ugly court battle over Aussie artist’s $24 million estate | news.com.au — Australia’s leading news site for latest headlines
     

• Colin King: Following the Money – Does Financial Crime Law Deliver Justice? –Just Cause – Apple Podcasts

  Governments spend billions each year fighting money laundering and terrorist financing, but do these regimes actually make the world fairer or simply more complicated? In this episode, LLB Student Joshua Mortensen speaks with Professor Colin King, a financial crime expert at Sydney Law School, about whether anti money laundering and counter terrorism financing regulations truly serve justice. Colin King is a Professor at Sydney Law School. Originally from Limerick, Ireland - where he completed his LLB and PhD - Colin then moved to the UK for 14 years before arriving in Sydney in 2023. His research focuses on financial crime, particularly money laundering; proceeds of crime; and deferred prosecution agreements.
   

• Saunas and salons: Perks the new battleground in lawyer talent war [AFR paywall]

  The world’s biggest law firms are raising the bar on staff benefits in a bid to draw staff at both the junior and senior end of the profession.
   

• US lawsuits allege ChatGPT encouraged suicides, harmed users' mental health - Law Report - Apple Podcasts
   

• How Kenya’s jailhouse lawyer turned a life sentence into a legal career behind bars | Global development | The Guardian
   

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Daily wrap  

• Ruling marks end of scandal-plagued Banksia class action [AFR paywall]

  The dismissal of the civil case has brought an end to a lengthy class action mired in controversy.
   

• Slater & Gordon settles long-running lawsuit with sacked HR executive [AFR paywall]

  Alicia Gleeson was one of two former chief people officers suing the private equity-owned firm. She alleged she was let go after warning about underpayments.
   

• Woolworths hit with underpayments shareholder class action [AFR paywall]

  Litigation Lending Services, chaired by billionaire Shaun Bonett, is funding a landmark case alleging the supermarket giant was misleading in its financial statements.
   

• Queensland government considering youth 'breach bail, go to jail' laws after Hinchinbrook by-election success - ABC News
   

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Editor’s picks

• Sir James Martin: a brief biography - YouTube

  Sir James Martin's career began as a journalist, writing for The Australian with a growing sense of Australian national identity. Martin was admitted as a solicitor in 1845. He entered politics and became Attorney General in 1856 and Premier in 1863, when he collaborated with Sir Henry Parkes to legislate for many important measures of social reform. He was sworn in as Chief Justice of New South Wales on 19 November 1873. He remains the only person to hold all three positions of Chief Justice, Premier and Attorney General. As Chief Justice, he was a model of independence, scrupulousness and impartiality and fought strongly to preserve the Court’s independence.
   

• Swearing-in Ceremony for the Hon. Justice Edward MUSTON - Tuesday 2 December 2025 at 9:15 AM - YouTube
   

• Use of AI ‘tech stacks’ driving demand for lawyers [AFR paywall]

  The more artificial intelligence is used within a law firm, the more professionals are needed to vet the technology’s outputs.
   

• ‘Don’t attempt to water down trial by jury’ [The Australian paywall]

  Any attempts to diminish trial by jury would harm the administration of justice, former Australian justices say, as the UK justice secretary proposes abolishing the system in all but the most serious cases.
   

• The Amadio Principle Four Decades On: Still Fit for Apparent Purpose? Rick Bigwood, Pauline Ridge and Jeannie Marie Paterson
   

• Australia, International Law and Armed Conflict: Issues for the 48th Parliament - YouTube
   

• New youth crime laws pass NSW parliament. - Law Society Journal
   

• Four New UK AI Hallucination Cases (24 in Total): November Shows How Quickly the Problem Is Escalating Internationally
   

• Israeli PM Benjamin Netanyahu formally asks to be pardoned from corruption charges - ABC News
   

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Daily wrap  

• Lawyers warn erroneous and costly family court transcripts are impeding justice, prompting calls for change - ABC News
   

• WA Legal Practice Board slammed by lawyers in scathing parliamentary submissions - ABC News
   

• Leaked memo shows Legal Aid NT board rejected service cuts exemption for children - ABC News
   

• Staggering payout as top-flight lawyers face off over secret global deal [The Advertiser paywall]

  One of SA’s top lawyers has been ordered to pay more than $56m to his ex business partner and old firm after a judge found he tried to secretly go global.
   

  • LK Law Pty Ltd v Karas (No 4) [2025] FCA 1461 (judgment summary at top of webpage)
     

• D-Day looms for Bruce Lehrmann following high-stakes rapist finding appeal

  Bruce Lehrmann will within days learn whether he has been successful in overturning a federal court finding that he raped Brittany Higgins.
   

• Legal battle begins over Virginia Giuffre’s multi-million-dollar estate - ABC News
   

  • Virginia Giuffre’s sons deny unsigned document is their mother’s will | Western Australia | The Guardian
     

• Traditional owners in WA's north challenge state over fast-tracking mining exploration approvals - ABC News
   

• Landmark case: Man jailed for rape after fake sex payment [Daily Telegraph paywall]

  A former soldier has been jailed for rape after tricking a sex worker with a fake $700 payment receipt in the first case of its kind under NSW's tightened consent laws.
   

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Editor’s picks

• Mertz & Mertz (No 3) [2025] FedCFamC1A 222 (28 November 2025)

  [1] …On 19 November 2025, the respondent made an oral application for the costs of the appeal, and the Court made an order that the respondent pay such costs fixed in the sum of $36,955. These are the Reasons for making that costs order, as well as for making an order referring the conduct of the former legal representatives of the appellant to the relevant professional regulatory bodies. That is in circumstances where artificial intelligence (“AI”) was used in the preparation of a Summary of Argument and List of Authorities resulting in the Court being provided with incorrect references. By consent, the Court also made an order that Ms G, the former solicitor for the appellant, pay the respondent a further $10,000 as costs thrown away correcting the errors generated by AI.

  [2] On 17 October 2025, the appellant filed a Summary of Argument and List of Authorities. On 3 November 2025, the appellant filed an Amended Summary of Argument and List of Authorities with some authorities removed from the footnotes and the List of Authorities. Those amendments were not identified on the document. At the conclusion of both the original and amended documents was “[Mr AX] KC with [Mr AY] on behalf of the Applicant” along with Mr AX KC’s contact details.

  [3] It was obvious that the amendments were made to rectify the inclusion in the original of non-existent, inaccurate and misleading authorities. The letter that accompanied the Amended Summary of Argument advised that there “were significant errors in the citations” and apologised for the “oversight”.
   

• High Court - December Short Particulars of Cases
   

• Mark Rigotti is wrong. Lawyers aren’t to blame for over-regulation [AFR paywall]

  Most regulatory work is “cost of doing business” work. It needs oversight by experienced lawyers or compliance officers and is likely to be increasingly systemised.
   

• Livestream today - NSD917/2022 Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors - YouTube
   

• Constitutional reforms flowing from the Whitlam dismissal - Anne Twomey - YouTube

  This video discusses how the Fraser Government in Australia sought to reform the Commonwealth Constitution in response to the constitutional issues that had arisen in 1975 in the lead up to the dismissal of the Whitlam Government.
   

• Albanese Government delivers legislation to strengthen oversight of the National Intelligence Community | Our ministers – Attorney-General’s portfolio

  The Strengthening Oversight of the National Intelligence Community Bill 2025 expands the oversight functions of the Inspector-General of Intelligence and Security and the Parliamentary Joint Committee on Intelligence and Security to cover all ten agencies of the National Intelligence Community.
   

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• Teens seek urgent high court injunction to block Australian government’s social media ban | Social media ban | The Guardian
   

  • Form 20 – Writ of summons
     

• Barristers’ body reinstates diversity panel following LinkedIn backlash [The Australian paywall]

  The Australian Bar Association has decided to retain its diversity committee after high-profile silk and committee chair Kate Eastman SC publicly criticised the decision to axe it.
   

• Labor strikes deal with Greens on nature laws overhaul amid criticism ‘dirty deal’ being ‘rammed through’ | Australian politics | The Guardian
   

• ASIC takes action over developer David McWilliams alleged spending of frozen assets - ABC News

  The financial regulator has issued rare contempt proceedings against a Gold Coast businessman for continuing to spend lavishly despite freezing orders slapped on him for allegedly losing tens of millions of dollars of investor money.
   

• Head of Queensland child safety inquiry flags subpoena as department accused of ignoring law - ABC News
   

• Environmental activist Ben Pennings declares ‘massive victory’ after Adani drops its years-long legal pursuit | Carmichael coalmine | The Guardian
   

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Editor’s picks

• In his own words: Chief Justice Stephen Gageler [Capital Brief paywall]

  Capital Brief interviewed the High Court chief justice at the Australian Legal Convention.
   

• Kapterian v Boele (Costs) [2025] FCA 1472

  CATCHWORDS - PARLIAMENTARY ELECTIONS – Court of Disputed Returns – election petition commenced pursuant to the Commonwealth Electoral Act 1918 (Cth) – where petitioner conceded to dismissal of election petition following inspection of disputed ballot papers – where concession occurred one week prior to hearing – whether costs should follow the event – applicable principles considered – whether conduct of petition was a matter of significant public benefit to warrant departure from the ordinary rule – where first respondent met legal costs by significant crowd-funding campaigns

   

• ESAFETY COMMISSIONER v CELINE GILLIAN BAUMGARTEN - Chief Justice Mortimer, Justice Beach and Justice Horan will conduct a livestreamed Full Court hearing in this matter at 10:15am AEDT - Federal Court of Australia - YouTube
   

• Ziegler v Commissioner of Taxation [2025] FCAFC 168

  [78] In those circumstances, s 298-30(1) should not be read – contrary to s 33(1) of the Acts Interpretation Act (and see s 2 of that Act) – as conferring a power which is exhausted by its first exercise. Nothing in the language of s 298-30, or in the statutory context or extrinsic materials, suggests that the power is exhausted once first exercised. To the contrary, given the statutory context and practical operation of the assessment and objection provisions, s 298-30(1) must be construed as requiring the Commissioner to make an assessment if he considers an earlier assessment incorrectly reflects the operation of the provisions imposing the penalty…
   

• Blasket Renewable Investments LLC v Kingdom of Spain (relief) [2025] FCA 1469

  1. The Court hereby and in these orders recognises as binding on the respondent the award of the International Centre for Settlement of Investment Disputes dated 11 December 2019 in RREEF Infrastructure (G.P.) Ltd and RREEF Pan-European Infrastructure Two Lux S.à.r.l. v. Kingdom of Spain (ICSID Case No. ARB/13/30) as certified by the Secretary-General on 11 December 2019 (the Award), and pursuant to s 35(4) of the International Arbitration Act 1974 (Cth) judgment be entered in favour of the applicant, Blasket Renewable Investments LLC, against the respondent, the Kingdom of Spain, for the pecuniary obligations imposed by the Award in the sums of: (a) EUR 58,500,000.00; and…
      

• Getty Images v Stability AI: implications for intellectual property, data protection and AI regulation | Clayton Utz
   

• Judge dismisses 2020 election interference case against Donald Trump - ABC News
   

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Daily wrap  

• Social media age ban faces High Court challenge as government declares it will not be 'intimidated' by legal threats - ABC News
   

• Latham should pay more for ‘nausea-inducing’ tweet, court told [SMH paywall]

  The former NSW One Nation leader was ordered to pay Alex Greenwich $140,000 in damages for defaming him. The independent Sydney MP’s lawyer says it should have been more.
   

• Victoria ‘concedes its donation laws are unconstitutional’ [The Age paywall]

  In an unusual move, the state government has asked for part of its laws to be struck out before a High Court battle.
   

• Perry Kouroumblis to stand trial over Melbourne's 1977 Easey Street murders - ABC News
   

• NT Integrity and Ethics Commissioner established amid opposition - ABC News
   

• Worker at Australian Taxation Office call centre takes court action demanding ‘same job, same pay’ | Industrial relations | The Guardian
   

• ‘Ancient and fragile’: Dispute over groundwater reaches Supreme Court

  Dozens of Aboriginal Territorians from remote communities travelled to Darwin where they stand alongside Environment Centre NT in a bid to axe a controversial water allocation plan.
   

• Virginia Giuffre died in Australia without a valid will – now the legal battles can resume | Australia news | The Guardian
   

The daily health habit you’ll actually stick with…

This time of year, it’s SO hard to stay in control of your health.

Holiday travel (and meals!), big family gatherings, dark and cold days, it’s easy to skip that workout, sleep in later than you should, or have just one more cookie.

That’s why you need a daily health habit that’s easy to stick with.

Meet AG1: With just one quick scoop every morning, you’ll get over 75 ingredients that help support your immune health, gut health, energy, and close nutrient gaps in your diet.

Right now is the best time to get started - with every new subscription, they are giving away $126 in free gifts for the holidays.

Give AG1 a try today and take control of your health this holiday season.

Give AG1 a try today

Editor’s picks

• The Australian Bar Association Council discontinues its Diversity & Inclusion Committee - Kate Eastman AM SC - LinkedIn
   

• Albanese Government expanding access to specialised trauma-informed sexual violence legal services pilots | Our ministers – Attorney-General’s portfolio
   

• Yeates (a pseudonym) v The King [2025] VSCA 288 (26 November 2025)

  [3] The question arising may be shortly stated: is Bitcoin property for the purposes of s 72 of the Crimes Act 1958?

  [4] The answer may be also shortly stated: yes.

  [5] The reasons for that answer are longer.
   

• Antonios Mokbel v The King (No 2) [2025] VSCA 291
   

• An Introduction to the Law of Conspiracy –Think Foley's – Apple Podcasts

  An Introduction to the Law of Conspiracy In this episode, Foley's barrister Paul Holdenson KC, Ruth Champion and Director of Public Prosecutions Raelene Sharp KC explore the fundamentals of the law of conspiracy, examining how agreements between parties to commit an unlawful act are treated under criminal law. They break down key legal principles, case examples, and practical considerations for practitioners navigating this complex area.
   

• How the doctor and lawyer cartel make the cost of living worse [AFR paywall]

  One idea to boost competition is to remove the power of industry incumbents. Two prime examples are the self-appointed “gatekeepers” in medicine and law.
   

• Justice secretary wants most jury trials scrapped
   

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Daily wrap  

• Latham’s fight after offensive tweet cost him more than $500,000 [SMH paywall]

  Former NSW One Nation leader Mark Latham wants an appeal court to overturn Sydney MP Alex Greenwich’s defamation victory.
   

  • Sydney courts: Mark Latham challenging order to pay Alex Greenwich $140,000 over a sexually explicit tweet
     

• Superannuation giant Cbus ordered to pay penalty for breaking law over death and disability insurance claims handling - ABC News
   

  • Australian Securities and Investments Commission v United Super Pty Ltd [2025] FCA 1453
     

• Sydney restaurant Cairo Takeaway counter-sues pro-Israel activist, claiming he trespassed to ‘ambush’ staff | Sydney | The Guardian
   

• Joel Cauchi's psychiatrist gave 'wildly inconsistent' evidence, Bondi Junction Westfield attack inquest hears - ABC News
   

• Former Sea World Helicopters worker tells inquest there was 'nothing out of the ordinary' before deadly crash - ABC News
   

Don't wait until New Years to take control of your health.

Every year it’s the same - November comes, the days get dark and cold, you start skipping your morning workout, and you start to lose control of your health habits.

It’s easy to think “I’ll worry about getting back on track next year” - but there’s no reason you can’t get a head start now.

You just need a daily health habit that’s ACTUALLY easy to stick with.


That’s where AG1 comes in. With just one quick scoop every morning, you’ll get over 75 ingredients that help support your immune health, gut health, energy, and close nutrient gaps in your diet.

Right now is the best time to get started - with every new subscription, they are giving away $126 in free gifts for the holidays.

Give AG1 a try today and take back control of your health this holiday season.

Give AG1 a try today

Editor’s picks

• Countdown to Australia's social media ban - Law Report - Apple Podcasts

  In two weeks' time, Australia's social media ban for children under 16 will come into force. Ten sites, including Facebook, Instagram, TikTok, Snapchat and YouTube, must comply with the new laws. While other popular platforms, like messaging apps and online games, are not covered. Meta, which owns Facebook, Instagram and Threads, has begun notifying hundreds of thousands of account holders that their accounts will soon be locked unless they can verify they are not underage. Snapchat has done the same.
   

• Reason-Giving Without Reasoners? Confronting Generative AI Use in Administrative Processes - Combatting the Code book forum — Australian Public Law
   

• Online file - eSafety Commissioner v Celine Gillian Baumgarten
   

• Media release: The FCFCOA swears in its latest four-legged friend, Bonnie | Federal Circuit and Family Court of Australia
   

• Things to consider before pursuing your client for unpaid costs - Law Society Journal
   

• US judge resigns after being disciplined for wearing Elvis wig in court
   

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Daily wrap  

• Brittany Higgins' former boss Fiona Brown to face off against Federal Government in court
   

  • Commonwealth deploys top silk as Fiona Brown trial pushed to 2027 [The Australian paywall]

    One of Sydney’s most senior barristers has been launched into the government’s fight against Fiona Brown’s claim that the commonwealth failed to protect her in the wake of the Brittany Higgins scandal.
     

• The prison letter that mobilised Australia’s most dangerous criminals [SMH paywall]

  Some of Victoria’s most dangerous criminals are accusing the state government of human rights abuses and pushing for an early release from jail.
   

• Perry Kouroumblis's lawyer questions handling of DNA evidence in Easey Street murder - ABC News
   

• Footage of deadly Sea World helicoper collision plays in court as inquest into 2023 crash begins - ABC News
   

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Editor’s picks

• New skills for new suits: Preparing new lawyers for practice Report of Think Tank discussions held on 20 October 2025 - Centre for the Future of the Legal Profession
   

• Roles and Responsibilities for Clients, Solicitors, Barristers and Judges at Family Law Final Hearings –Think Foley's – Apple Podcasts

  In this episode, Foley's List barrister Laura Colla is joined by Judy Small AM, former Judge of the Federal Circuit Court of Australia, and John Spender, partner of Kennedy Partners, to debate the roles and responsibilities of clients, solicitors, barristers and the Judiciary in Family Court Hearings, each sharing their unique perspectives, experiences and expectations to ensure that matters are conducted effectively and efficiently.
   

• Regulating Automated Government Decision-Making: An Australian Perspective - Combatting the Code book forum — Australian Public Law
   

• ASIC announces 2026 enforcement priorities | ASIC
   

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