Law Society Journal Australia

A A A By - Sep 04, 2026 9:00 am AEST A single advocate may represent two co-offenders, but Farrugia v The King confirms that the arrangement is fraught with conflict risks. Practitioners must carefully assess each client’s interests and instructions, disclose potential limitations, and obtain informed consent where appropriate. Even then, some conflicts cannot be cured by consent, making separate representation the only prudent course.

Secretly recording someone is a crime in NSW, unless it isn’t. Under section 7(1) of the Surveillance Devices Act 2007 (NSW) (‘NSW Act‘), it is unlawful to record a private conversation without the consent of the other parties to it. However, section 7(3)(b)(i) carves out an important exception ifthe recording is‘reasonably necessary for the protection of the lawful interests’ of the person making it.

A A A By - Sep 04, 2026 8:50 am AEST Snapshot Removal is protective, not punitive. The Court will give considerable weight to the testator’s choice of executor, but the ultimate inquiry is whether continuation in office jeopardises or prevents the due and proper administration of the estate. Conflict and family hostility do not, of themselves, justify removal.

A A A By - Sep 04, 2026 8:45 am AEST Snapshot In recent tracking pixel determinations, the Privacy Commissioner has adopted a broader interpretation of what constitutes personal and/or sensitive information under the Privacy Act. The determinations also make clear that users of online tracking tools, such as pixels, are considered to have ‘collected’ personal information even though data is sent to and stored by third parties, and targeted advertising constitutes ‘direct marketing’.

A A A By - Sep 04, 2026 8:40 am AEST Snapshot The Fair Work Commission has recently considered the first case dealing with an application for casual choice made pursuant to recent amendments to the Fair Work Act which created an employee choice pathway to convert employment from casual to permanent. The decision provides guidance to employees and employers alike as to how the choice pathway provisions will operate in practice.

A A A By - Sep 04, 2026 8:35 am AEST Snapshot Recent OAIC reports concerning Qantas and I-MED provide a rare insight into why the Privacy Commissioner may decide not to pursue regulatory action following preliminary inquiries. They show how organisations can demonstrate compliance with the Privacy Act through contractual protections and governance, operational and technical controls tailored to specific privacy risks.

A A A By and - Sep 04, 2026 8:30 am AEST Snapshot When professional interactions become difficult, lawyers need more than technical legal knowledge to respond effectively. Self-awareness, empathy, curiosity and clear boundaries can help practitioners navigate conflict without compromising their judgement, wellbeing or professional obligations. But responsibility cannot rest with individuals alone, particularly when the real problem lies in workplace systems, culture or recurring behaviour.

Lawcover sees many claims against solicitors arising from uncertainty or misunderstanding about the scope of work, who the solicitor acts for and the likely costs. These risks can often be reduced by establishing the solicitor-client relationship clearly from the outset, beginning with a well-drafted retainer. The retainer process gives the solicitor an important opportunity to decide whether they should act in the matter or for the client at all.

Guidance for transparency in automated decision making In June 2026, the Public Law and Privacy and Data Law Committees contributed to a submission to the Law Council of Australia to inform its submission to the Office of the Australian Information Commissioner (‘OAIC’) in response to its development of guidance for transparency in automated decision-making (‘ADM’).

A A A By - Sep 04, 2026 8:15 am AEST Key decisions Chaplin v Secretary, Department of Social Services [2026] HCA 22 Cullen v New South Wales [2026] HCA 19 Administrative Law In Chaplin v Secretary, Department of Social Services [2026] HCA 22 (17 June 2026), the High Court (Gageler CJ, and Gordon, Steward, Jagot and Beech‑Jones JJ) unanimously dismissed an appeal from the Full Court of the Federal Court of Australia.