The Deepfake Sexual Material Act 2024 - What’s next?

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.

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.

We would like to congratulate Terri Mottershead, Executive Director for the Centre for Legal Innovation (CLI) at The College of Law Australia, who has been selected as a finalist in the Australian AI Awards 2024 in the "AI Female Leader of the Year - Enterprise" category by Momentum Media.

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.

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’).

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. 

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.

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. 

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.

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. 

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?

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.

Priority Notices are a relatively new feature in Real Property that property lawyers need to work with, and as such, they are not always well understood. Here to demystify how Priority Notices work, how they came about, and when and how to use them is property lawyer Greg Stilianou.

Cambridge Analytica’s use of Facebook user data – and how it may have influenced the last American election – raised once again the issue of how well our data is protected online.

To mark our 40th anniversary, The College of Law recently ran a survey asking for your view on the top 10 most influential High Court of Australia cases over the last 40 years. The responses you provided us showcased a range of landmark cases, spanning from Indigenous land rights, to clashes between territory and Commonwealth, to the David-vs-Goliath legal struggles of refugees.

Throughout the 2023 referendum, some have expressed uncertainty over the legal impact and implications of the Voice. We spoke to Associate Professors Elisa Arcioni and Andrew Edgar of the University of Sydney Law School to gain clarity over how the Voice came about, what it can (and can’t) do, and what legal practitioners need to know about the Voice.

Insights brings you a handful of Australia’s best and brightest judges to help you pass your verdict if you are still undecided.

Download the Commercial Litigation Postgraduate Course Guide to explore how our tailored program can enhance your legal expertise and open up new opportunities in the profession.

Nothing captures the public’s imagination quite like a great court case. From Trump’s declaration that he is a “very innocent person” to Bruce Lehrmann’s defamation-chasing criminal trial, watching people have their day in court is oddly compelling. The College decided it was high time we looked at the headline-making trials from the 21st century and the flow-on effects these rulings had. Here are the top ten court cases that have held Australia’s collective attention.

Every conveyancer and property lawyer has become a master of an ELNO - or Electronic Lodgment Network Operator. PEXA was the first ELNO allowed to operate in Australia, its stronghold, however, looks set to change with updates to the Operating Requirements and Participation Rules introducing interoperability provisions. Competitors like Sympli will be able to compete more meaningfully. We spoke to experienced property lawyer and college lecturer Greg Stilianou to find out what property lawyers and conveyancers need to know. 

With the advent of artificial intelligence in law, the role of lawyers is shifting to become increasingly client-focussed. Insights explores the role of empathy in legal work, and how lawyers can take practical steps to better empathise with their clients – ensuring clients are happier and more satisfied at the conclusion of a matter. 

The first NewLaw Careers virtual internship has launched with the College of Law in conjunction with the Centre for Legal Innovation (CLI) and Forage. Five NewLaw careers are on offer including Legal Operations Professional, Legal Data Analyst, Legal Technologist, Legal Knowledge Manager, and Family Law Mediator. Lead by impressive subject matter experts, read on to learn more.

Queensland is on track to require a stronger duty of disclosure upon Sellers, bringing them in greater alignment with Australia’s southern states. These reforms come as part of a proposed Property Law Bill 2023, which, if passed, is likely to have significant implications for property lawyers practising in Queensland. We spoke to College of Law lecturer Tara Cush on the implications of these reforms, what they involve, and what lawyers need to know.

The milestone of Justice Jayne Jagot’s appointment to the High Court and a female majority for the first time in history masks hidden inequities across Australia’s legal profession. The College of Law looks into the realities of gender inequality that persists across Australia’s legal profession. 

It’s no secret that the legal profession has been undergoing a paradigm shift. Factors such as the Global Financial Crisis, the advancement of technology and the growing number of law students have led to the streamlining of many law firms, the automation of many tasks and fierce competition between a larger pool of lawyers for a smaller range of roles. What are the implications? What will the legal profession look like in fifty years?

The REIQ contract for houses and residential land and REIQ contract for residential lots in a community title scheme have been amended as of 7 June 2024. Tara Cush, lecturer at the College of Law Queensland, provides an overview of how these amendments will impact REIQ contracts. 

Working with neurodivergent clients can present unique complexities. From communication barriers to navigating sensory sensitivities, lawyers must possess a specialised skill set to effectively represent these individuals. The College delves into proven strategies that build trust and foster clear communication with Kathryn Schuck, Principal of Inclusive Family Law and Mediation.

While divorce and separation are difficult for any child, for children with neurodivergent needs, these transitions can present their own set of challenges. The College sat down with Kathryn Schuck, Principal of Inclusive Family Law and Mediation, to delve into effective strategies family lawyers can employ to advocate for these children and navigate the complexities of custody agreements.

A proposed ban on deepfake pornography has been introduced sparking debate among legal experts, privacy advocates, and technologists. The College caught up with Raymond Sun, an award-winning technology lawyer and full-stack developer, on the potential implications of this legislation.

Launched in August 2023, members of the judiciary have participated in a ground-breaking new training initiative on workplace conduct. The College of Law, in conjunction with Equal Employment Opportunity Specialists (EEO Specialists) and the Experience Lab, has been engaged by the Western Australian judiciary to develop and deliver customised training, tailored to the unique working environments of Courts and Tribunals. 

The College of Law celebrates 50 years of service to the legal industry. Since it opened its doors in 1974, the College has empowered over 100,000 professionals to achieve their career aspirations in the law. We take a look at the College’s many legal education milestones and hear from long-standing CEO Neville Carter and Chairman Joseph Catanzariti AM.