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  • Navrinder Sathar, Wills and Estates

Resting Peacefully

Unfortunately, sooner or later we all have to turn our minds to the prospect of shuffling off this mortal coil. For most of us, when we do the exercise inevitably entails a lot of care and consternation, stipulating just who should get what in the all-important terms of our final will and testament. But in the process what is often overlooked is one of the most vital questions of all – who should be appointed as executor of the estate?
  • Criminal Law

Deputy Dog

With the festival season back in full swing, plenty of music lovers are sure to find themselves once more confronted by the canine constabulary. The infamous Police Drug Detection Dog has become such an integral part of the law-enforcement landscape that nowadays no festival frolic is complete without a good going over by some deputy dog. We’re told it’s all a necessary part of policing’s zero-tolerance towards drugs, but lately some commentators have raised serious questions about the efficacy and effectiveness of such undignified intrusion, and whether the deployment of sniffer dogs to allow police to farm out reasonable suspicion to their four-legged friends, can ultimately be justified.
  • Family Law, Litigation

Sperm and Eggs

The Six Degrees of Separation being what they are, you almost certainly know someone, or someone who knows someone, who’s currently undergoing fertility treatment. It may or may not come as a surprise to you, but thousands of couples undergo fertility treatment in Australia every year. The latest data on Assisted Reproductive Technology in Australia and New Zealand shows 77,721 treatment cycles were reported in 2015. Of those, 92% were from Australian clinics. That means a whole lot of laboratory fertilisation procedures are happening out there. But the question is: who owns all those sperm and eggs?
  • Chris Nyst, Litigation, Opinion

Rat Racers

Remember the old joke about lawyers and rats? In case you don't, here's how it goes: “The National Institute of Health announced this week it would start using lawyers instead of rats to conduct its laboratory experiments. The American Bar Association has objected, but the NIH says there are three good reasons why lawyers are better than rats for laboratory work. Firstly, there's a lot more of them. Secondly, laboratory staff don't become so emotionally attached to them, and thirdly, there are some things even a rat won't do for reward."
  • Chris Nyst, Criminal Law

One Size Fits All?

Somebody please tell me - when are the politicians going to learn? Justice just isn't a one-size-fits-all proposition. When the Victorian government announced last week plans to introduce a mandatory minimum jail term of six months for anyone convicted of assaulting police or paramedics, lawyers predictably warned the move would almost inevitably lead to injustices. Victorian Bar President Mr Matt Collins QC and the Law Institute of Victoria questioned why one would want to appoint the best legal minds available as judges, then deny them any discretion to sentence according to the unique circumstances of each individual case. But such concerns were quickly rejected by politicians keen to promote their "get tough on crime" credentials.
  • Chris Nyst, Criminal Law, Entertainment

Who’s Paying My Bus Fare?

Society's more forgettable characters sometimes prove to be life's most memorable ones. About twenty years ago I appeared for a hapless heroin addict called to give evidence at an investigative hearing which required him to be cross-examined by a very experienced and capable Queen’s Counsel.
  • Family Law

For The Love Of Money

We all like to be kept in the manner to which we are accustomed. Under the Family Law Act 1975, when a married couple breaks up, each is expected to maintain his or her former spouse to the extent they are reasonably able, if their former spouse is unable to support themselves adequately. It’s called spousal maintenance.
  • Brendan Nyst, Dispute Resolution, International, Litigation, Politics

Stormy Clouds

Anyone who has been following US domestic politics over the past 12 months will be aware of the fascinating legal storm clouds brewing over the Leader of the Free World, one Mr Donald J Trump.
  • Chris Nyst, Opinion, Politics, Technology

The Best And Worst

The 19th century French novelist Gustave Flaubert was a stickler for style. His scrupulous devotion to literary aesthetics and painstaking attention to detail meant every word of his prose was meticulously selected and perfectly positioned.
  • Chris Nyst, Criminal Law, Privacy

So Far, So Good

The sad reality of the uncertain times in which we live is that any major public event will inevitably carry an increased security threat, and a corresponding call for heightened security protocols and broader police powers. In the case of the Gold Coast 2018 Commonwealth Games, the Queensland Parliament has answered that call by arming police with extraordinary and quite intrusive powers to stop, detain and search people and vehicles without warrant or even reasonable suspicion, use sniffer dogs, metal detectors, Backscatter x-ray vans and other investigative technologies, and randomly enter and search private property at will.
  • Chris Nyst, Commissions of Inquiry, Criminal Law, Politics

An Uncommon Commodity

Without doubt, self-preservation is the most powerful and compelling of all human instincts. The will to survive - physically, emotionally, financially – is acute and compelling, inextricably ingrained in our human condition.
  • Defamation

Me True

They say the truth will set you free. But when it comes to defamation, I wouldn't count on it. The recent rush of "Me Too" revelations has set up what promises to be some very interesting defamation litigation in the not too distant future.

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