How to handle Direct Speech after Gan v Xie [2023] NSWCA 163

Download this guide to learn more about Dispute Resolution in a nutshell, the core expertise of a Dispute Resolution practitioner, the personal strengths of a Dispute Resolution practitioner, related areas of expertise, as well as specialisation options in Dispute Resolution such as Mediation, Family Dispute Resolution, and Collaborative law.

What skills matter most to lawyers? As lawyers’ careers progress, technical expertise develops alongside an ability to ‘read’ what a client wants, needs or might not be saying, as well as other skills like negotiation and business development. Yet the ability to make good decisions is often overlooked as a key skill of good lawyers. 

No law firm succeeds without referrals, but new firms often struggle due to a limited client base. To overcome this, many firms partner with related businesses or more established firms. We've compiled four tips to help you to grow your firm through referral partnerships, to establish your reputation and a steady client flow.

Ian Aldridge, Principal, Progressive Legal, recently opened a sole practice. As a follow on from our previous article Single and Ready to Mingle – Tips for Becoming a Sole Practitioner we asked Ian to reflect on his recent personal experience to provide tips for lawyers who have also decided to open a small practice.

Ellie Scarf's clients include major multinational law firms and global organisations. Insights spoke to Ellie about what her role involves, and what advice she might have for lawyers and leaders keen to hit peak performance.

Download this guide to learn about a Career in International Arbitration. International arbitration is sometimes called a hybrid form of international dispute resolution, since it blends elements of civil law procedure and common law procedure, while allowing the parties a significant opportunity to design the arbitral procedure under which their dispute will be resolved.

Learn how Jess Grumelart forged a career in family law through a chance encounter at a careers fair - and an LLM in Applied Law (Family Law). We spoke to Jess about her road to family law, how her LLM helped her connect to a community of supportive family lawyers, and what advice she might have for lawyers wondering to align their legal career with their interests and passions.

Download the NSW Legal Practice Management Course Guide and gain the skills needed to become a principal or partner, opening up new career opportunities in the legal field.

Download the SA Law Practice Management (LPMC) Course Guide and find out how our course can help you transition from lawyer to business leader, giving you the tools to manage a thriving legal practice.

Looking to optimise legal operations and improve service delivery across your firm?Download the course guide. During this course, you’ll cover everything from strategic planning to information governance to financial management. And you’ll walk away with the expertise and confidence to meet today’s legal challenges – head on.

Anyone who has needed to wade through law school essays, summer clerkships, and legal document reviews will know that the world of law can be more tedious than David E Kelly would have us believe. However, like any other competitive pursuit, the Australian legal scene has seen its fair share of historic moments and game changing events.

Family law matters are deeply personal and may be emotionally charged. For Aboriginal and Torres Strait Islander families, these challenges can be compounded by cultural considerations and historical disadvantage.

Insights spoke to Wayne Attrill, a Senior Investment manager with IMF Bentham, a global litigation funding firm, on how litigation funding works alongside lawyers to help meritorious claims, its somewhat controversial history, and its increasing role in resolving disputes.

Don’t we all just love to watch those onscreen lawyers who thrive on flexible ethics, infuriating tactics, and an unorthodox knowledge of the law? They may even remind us of an adversary or two – wink-wink. The College of Law rounds up the top 10 lawyers you love to hate.

Building strong, mutually respectful relationships with your clients helps you fulfil your professional duties – and makes your professional life much easier. Professional rules require practitioners to act honestly and fairly in a client’s best interests and to act with due skill and diligence in service of the client.

It’s a common question: how do you become an in-house lawyer? Is there a good time to make the move? How do you prepare, via secondments or other relevant experience? What qualities make a great in-house lawyer?

In-house is a very different environment to a law firm, especially as most in-house teams are still relatively small – often between three to six lawyers.

We caught up with Chris Bland, a seasoned solicitor, general counsel and principal of Legal Tradecraft Consulting who shares his top 5 commercial drafting strategies. 

Often touted as a lawyer’s secret weapon for success, perfectionism can boost productivity and improve your case results. But there is a shadow to this trait. We spoke with Shona Rowan on how to spot, harness and tackle perfectionism – for a constructive and sustained legal career. 

Discover the power of plain language for lawyers with our comprehensive guide. Learn how to communicate clearly, master formatting, and put plain language into action.

Unlock the insider insights to becoming a Family Dispute Resolution Practice (FDRP) in this exclusive recorded webinar by the esteemed experts at the College of Law.

Whether you're a legal professional eager to elevate your skills or a mediator aiming to expand your toolkit, this session covers all the essential details on the journey to becoming an FDRP.

Download your guide to a career in-house for everything you need to know about in-house practice in a nutshell, the personal strengths of an in-house lawyer, the core expertise of an in-house lawyer, related areas of expertise, and career prospects in-house.

Kiarah embodies the archetype of a lifelong learner – and she’s kindly shared her career tips from a serial student

Obtaining clear instructions from your client may seem like a straightforward requirement as a lawyer. However, this can be easier said than done if a client is in a fraught emotional state (and if they are seeing a lawyer this may be the case) or if there are differences in culture. Special Counsel Olamide Kowalik knows this all too well, as part of the Springwood-based Revolution Law team, Olamide advises clients from a wide range of backgrounds. We asked for Olamide’s advice on navigating these issues in order to gain clear instructions. 

Space law is a growing field as humanity embraces space exploration with renewed vigour, propelled by private interests and national endeavours. We caught up with Helen Tung, College of Law lecturer in international arbitration, on her pioneering career in space law and to find out about the opportunities available for those interested in exploring the final legal frontier.

Learn how Bridget Cullen carved a career in public law and her advice for becoming an administrative lawyer.

The College of Law wishes to express its condolences to the family of the late Professor Sandford Delbridge “Sandy” Clark AM who died in Melbourne on 2 November 2022.

Family Law is undergoing a series of major reforms to the Family Law Act 1975 (Cth) which involves proposed changes as set out in the Family Law Amendment Bill (No. 2). Family lawyer and College of Law adjunct lecturer Kathryn Kearley provides an overview of the second tranche of reforms which have been moving through a consultation process, this ended on 10 November 2023. Here is a brief covering the Consultation on the Family Law Amendment Bill (No.2) 2023.

A recent case before the New South Wales Court of Appeal, Gan v Xie [2023] NSWCA 163, resurfaced issues regarding direct speech, and how it ought to appear in an affidavit. Barrister Jonathan Tsang, a College of Law graduate, spoke to us about the key implications following this decision, and what lawyers need to know moving forward.

With over 875 million users worldwide, LinkedIn has become an indispensable platform for professionals. For lawyers, it's swiftly becoming an essential tool to network, grow a strong professional profile, and generate business. But how do you set yourself apart? In this article we catch up with College of Law National Career Strategists Susan Pincus and Ruth Beran to better understand the benefits of LinkedIn for lawyers.

You have probably heard it a thousand times before, “confidence is key”. But what does a confident communicator really look like? Research has shown it’s less about ‘what’ you say and more about ‘how’ you say it. Learning to speak clearly and confidently may be hard, but according to Pippa Gardner, Communications Expert and Coach at PG Communications, the results are worth it. Here is Pippa’s Four C Framework to help you speak with influence.

As cyber security becomes the domain of organised crime every Australian individual and business has become an unwilling target. Law firms are rarely early adopters of tech and yet they now face complex cyber security threats. Before you embrace your inner doomsday prepper, we caught up with Lawcover’s Legal Risk Manager, Glenda Carry, to find out how law firms are being targeted by cyber security threats, and what steps they can take to mitigate risk.

With the rise of online learning, it’s easier than ever to collect your CPD points at a time – and place – that suits you. Not all online courses are created equal. So how do you know if an online, or on-demand course will stack up? Here we explore the six markers of an excellent on-demand legal course.

Significant changes in legal delivery are occurring around the globe. Traditional ways of doing business have given way to innovation at lightning speed. Shift your way of thinking, solve problems efficiently and identify new opportunities for growth.

What’s the difference between management and leadership? This subject is a road map to understanding the complexities and motivations of individuals and teams, and how to lead them to success.

The College delves into the strategies and tactics that lawyers can employ to effectively negotiate salary and conditions. Drawing on insights from certified Executive and Leadership Coach Sue Billen and Mahlab Managing Director Lisa Gazis, we'll explore how to build a strong case for your worth, understand market trends, and navigate the complexities of negotiating with potential employers.

The College of Law has written an eBook guide to thriving as a lawyer, featuring 10 practical tips for new lawyers.

Download your guide to a career in government and public sector law for everything you need to know about government and public sector law in a nutshell, the personal strengths of a government and public sector lawyer, the core expertise of a government and public sector lawyer, related areas of expertise, and career prospects in government and public sector law.

If you are getting serious about starting your own law firm, this one-hour video is for you. 

The rules governing whether to prepare a land dealing in paper or electronically in NSW can be complex. Here to untangle this complexity is property lawyer and College of Law adjunct lecturer Greg Stilianou, who will step you through what you need to know.

Adeline Schiralli, Consulting Principal at Keypoint Law (NSW), is a master of Wills and Estates law. Literally. Adeline traces her journey to specialisation, highlighting the College of Law’s LLM as a crucial step to accreditation.

The International Bar Association, The College of Law Australia and The Legal Policy & Research Unit have collaborated to develop a set of e-learning modules designed to assist individuals and organisations make the changes recommended by the 2019 landmark report Us Too? Bullying and Sexual Harassment in the Legal Profession. 

We’ve created this guide to equip you with practical tips for establishing a successful law firm. Complete with checklists, activities and other resources, we hope this guide will set you on the right path – from the outset.

If you had the opportunity to sit face-to-face with the Attorney-General for Australia, the Honourable Mark Dreyfus KC MP, what would you ask? What would you want to know? Students and staff at the College of Law’s new international headquarters in Sydney were lucky enough to gain this exciting opportunity. 

Family lawyers must be aware of how violence can affect their clients, their client’s case and so be able to identify domestic violence. On 22 September 2023 the National Principles to Address Coercive Control in Family and Domestic Violence were released by the Attorney-General’s Department (‘A-G’).

Nawid Cina managed to evacuate more than 100 vulnerable women and children from Australian-run orphanages in Afghanistan when the Taliban took control in 2021. The orphanages were run by Mahboba Rawi’s Australian charity Mahboba’s Promise, the Australian connection put the women and children living at the orphanages at significant risk from the Taliban. A graduate of the College of Law, we spoke to Nawid to learn more about his human rights work and to gain his legal and career insights.

Managing stress and improving your mental health can help you live a better life - in all areas of your life. John Poulsen, former CEO of Squire Patton Boggs, shares some of his research into the role stress plays in our lives, both necessary and unnecessary, and shares his top 12 stress-busting tactics he has observed successful people adopt.

Ever wondered how to stand out and distinguish yourself as a junior lawyer? After running the gauntlet of competitive clerkships, you’ve landed a grad role. In those crucial years, how do you ensure you learn, provide value to your peers, mid-career lawyers, senior associates, special counsel, and partners - and steer clear of the mistakes that might sink or set back your career?

Amid the AI hype and calls for a halt to AI, we examined how ChatGPT is used in law and its future impact.

Fiona Kirkman, family lawyer and co-founder of FamilyProperty, has been an early adopter, using ChatGPT for research, reviews, and summaries. We spoke with her to gain insights into its strengths and limitations in daily legal work.

Insights has compiled a helpful guide to meeting the legal profession’s requirements of being a ‘fit and proper person, with recent examples of lawyers who have failed to meet these requirements.

Let’s face it: most of us were drawn to law at least in part because it’s always looked great on TV. Yes, reasons such as “prestige”, “economic prosperity”, and “a desire to contribute to the justice system” may well have been contributing factors, but would the prospect of becoming a lawyer have really seemed so alluring were it not for the efforts of Alan Shore or Alicia Florrick? 

Significant reforms to Family Law have just passed parliament on 19 October 2023.The Family Law Act (1975) is impacted by these Bills - the Family Law Amendment Bill and Family Law (Information Sharing) Bill. We spoke to Family Lawyer and College of Law Adjunct Lecturer Kathryn Kearley about what these reforms involve and what lawyers need to know.

The law concerning off-the-plan purchases can be complex. However, as buyers seek affordable entry points into the property market, this kind of purchase has become more and more common. To help demystify this area of law, we spoke to property lawyer Jane Macdonnell, who is a College of Law lecturer in our popular LLM program. 

Access to justice is limited for many and while the Commonwealth Government encourages pro bono activity, it is not mandated. Could there be a better pro bono legal system? We talk to Luke Geary, Chairman of Everyday Justice.

Download your guide to a career in family dispute resolution practice for everything you need to know about FDR in a nutshell, the personal strengths of a FDR Practitioner, the core expertise of a FDRP, related areas of expertise, and career prospects in FDR.

Elena Leonardos, principle lawyer at Adelaide Legal Solutions, chose to complete her LPMC when the SA's regulation rules changed. Now, she's executing her 12-month plan to expand her business, and seeing an increase in the firm's profitability.

LLM graduate Ilvana Nanic shares why she finds family law so rewarding, and her advice to lawyers interested in studying The College of Law LLM.

Explore how an LLM helped best graduating student (commercial litigation) Dominique Mayo advance her career.

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

On Monday 15 August 2016, Kay Smith, one of The College of Law’s longest serving and most respected people died after a short illness.

Kay’s legal career began when she gained her qualification in Law through the NSW Legal Practitioners Admission Board. Kay then obtained a position as an articled clerk with a city firm at a time when there were very few openings for women in the legal profession. She was admitted as a solicitor and established a legal career. She moved from private practice to the College of Law in 1983 – the start of a 30 year career at the College.

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

What you wear has been proven to impact how you feel and perform, it has also been shown to influence how others perceive and respond to you. Given these findings what you wear to the office, a client meeting, to court, or even a job interview, matters. Experienced style expert and author, Dijanna Mulhearn, provides her expert tips on how lawyers can take their look and feel to the next level and dress for success at work.

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.

Bias and age-based discrimination remains an issue in the workforce, despite legal protections. In this article, we delve into the intricacies of age bias claims with Tilé Imo, Associate Director of Caxton Legal Centre. We explore the evolving legal landscape, effective strategies for litigating age discrimination cases, and the emerging trends that lawyers need to be aware of to best serve their clients.

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

We talk to the College of Law’s Adrian Deans, Academic Policy & Quality, James Crittenden, Head of Short Courses and CPD, and Lewis Patrick, Chief Academic Officer, about some of the pragmatic impacts of the Queen’s passing on the law and Australian legal profession.

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

Starting a business is never easy. What step should you take first? How do you negotiate the ins and outs of your legal requirements if you’re not a lawyer? Even for a seasoned lawyer these steps are complicated…And what if you also face unique cultural considerations and complexities?