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ANNOUNCEMENT - The Brief has officially launched in Australia and now accepting submissions and press releases from legal professionals and PR

The NSW Good Character Bill Gets the Goal Right. The Scope Is the Problem

Let me say something that might surprise you, coming from a criminal defence lawyer: I understand why this Bill exists. The New South Wales Government has introduced the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026, legislation that would abolish good character as a formal mitigating factor at sentencing across every criminal offence in this state. I understand why it exists not as an abstraction, but because I have sat across from the surv

By Peter O'Brien

The NSW Good Character Bill Gets the Goal Right. The Scope Is the Problem

New qld trusts law has begun

The Trusts Act 2025 (Qld) officially commences today, 28 April 2026. This is the most significant reform to trust law in Queensland in over 50 years, replacing the Trusts Act 1973 (Qld) which has governed trusts in this state since before most current trust structures were established. If you are a trustee, a beneficiary, a business owner operating through a trust, or an adviser to any of those people - this affects you. Here is what you need to know. What Has Changed and Why

By Mark Harley

The brief - the new legal platform authored by legal professionals

The Brief is now live and Australia is the first international edition for this pioneering platform designed for the legal profession to author commentary and insights on the law and how those laws have been practiced within judicial environments. The Brief is a response to an evolving media landscape, combined with a growing problem in legal communications being, the difficulty qualified legal professionals and PR teams face in placing accurate contextually precise stories,

By CJ DORE

The brief - the new legal platform authored by legal professionals

determining serious harm could minimise defamation costs

Preliminary hearings to determine serious harm in defamation proceedings can be of clear benefit in minimising costs in defamation claims. However, defendants must act judiciously in applying for such hearings in all but the most trivial of claims. As illustrated in last year’s decision in Bottrill v Graham (No 2) [2025] NSWDC 221, a failed preliminary hearing will significantly add to, not reduce, the already high costs of defamation proceedings. Early serious harm determina

By Nathan Buck

Pharmaceutical patent preliminary injunction drought ends in Australia

For almost eight years, pharmaceutical originators faced an unbroken run of defeats when seeking preliminary injunctions (PIs) in the Federal Court of Australia. The prevailing judicial approach appeared to be that monetary damages were an adequate remedy for losses suffered by innovators arising from generic market entry, even where that entry later proved to be infringing. Against that backdrop, the recent grant of two PIs to originator companies is a significant and unexpe

By Dr Claire Gregg

fuel security: Legal implications of the MSO framework

In our previous article, Fuel Security: Recent changes to the minimum fuel stockholding obligation, we outlined the operation of the minimum stockholding obligation (MSO) under the Fuel Security Act 2021 (Cth) (Act) and the Fuel Security (Minimum Stockholding Obligation) Rules 2022 (Cth) (Rules), following the significant reforms that came into effect on 1 July 2024. The Act and the Rules, enforced by the Department of Climate Change, Energy, the Environment and Water (Depart

By Jayne Heatley

crypto scammers not above the law: how victims can fight back

Scams are not new. Financial fraud has long adapted to whatever financial technology, communications channel, or investment narrative is available at the time. Crypto scams are just a newer form of that problem. Crypto scams use familiar patterns of deception such as Ponzi schemes, romance scams, phishing. But the mechanics of crypto scams make detection and recovery difficult: fast, cross-border transactions, pseudonymous addresses, and opaque business platforms. When some

By Dr Aaron Lane

science in the service of justice

Why Forensic Scientists Must Work alongside Lawyers in the Establishment of a Criminal Cases Review Commission Introduction The criminal justice system rests on two pillars of expertise that too often operate in isolation: law and science. Lawyers are trained in procedure, precedent, and advocacy; scientists in methodology, evidence, and the limits of knowledge. A Criminal Cases Review Commission (CCRC), a body charged with identifying and remedying wrongful convictions sits

By Jae Gerhard

Federal Court makes costs orders in Fair Work case

The Federal Court has ordered costs in a case arising under the Fair Work Act in Turner v Chandler Macleod Group Limited (Costs) [2026] FCA 458. Been doing so, the Court dealt in detail with the principles applied to section 570 of that Act. As the Court noted at [4] That section is subject to the exceptions set out in s 570 of the Fair Work Act 2009 (Cth) which (relevantly) provides that costs may be ordered only if the Court is satisfied that the proceedings were instituted

By Ian Latham

Secure australian jobs code- can harmony be found?

Businesses that perform work which is directly or indirectly funded by the Commonwealth Government, or that are recipients of Commonwealth grant funding, may wish to keep an eye on the development of the Government’s Secure Australian Jobs Code (Code). The Code was an election commitment made as part of the 'Secure Australian Jobs Plan' by the Australian Labor Party in 2021. It was intended to establish guidelines for recipients of Government spending covering worker treatm

By Kat Eather

Secure australian jobs code- can harmony be found?

Is a significant change of circumstances enough any more to reopen final parenting orders?

Section 65DAAA brought about material changes to the application of the rule in Rice & Asplund, as I explained here a few months ago. In Radecki & Radecki [2024] FedCFamC1A 246, the Full Court sought to resolve the problems created by the new section, boldly asserting that because the Parliament intended to make no change to the law, therefore it didn’t. The s.65DAAA quandary However, it is now quite clear that the statute has brought about a substantial amendment to the law.

By Patrick Parkinson AM

are pingers scandalous in australia?

When Pingers walked into the room (or more accurately, onto the Trade Marks Register), examiners at IP Australia immediately blushed. “Surely this is slang for MDMA, how scandalous!” But the Registrar wasn’t convinced. On 18 August 2025, the Delegate in Re Volstead Pty Ltd [2025] ATMO 164 decided that although Pingers for spirits was in bad taste, it was not scandalous under s 42(a) of the Trade Marks Act 1995 (Cth). Australia’s scandal track record: Refusals and Acceptances

By Fabiola Dos Santos

Australia-European Union Free Trade Agreement and what this means for GI protection in Australia

Australia and the European Union concluded negotiations on a historic free trade agreement on 24 March 2026, following eight years of extensive negotiations. One of the key obstacles to the signing of the Australian and European Union Free Trade Agreement (AEUFTA) was the European Union’s insistence that Australia provide geographical indication (GI) protection to the names of agricultural products and spirits that have been recognised domestically. The compromise position re

By Megan Ryder

Pharmaceutical Patent Term Extensions in Australia

Patent term extensions (PTEs) in Australia sit at the centre of a long-running tension between innovation policy and statutory interpretation. Introduced to compensate pharmaceutical patentees for regulatory delay, the regime has increasingly been asked to do more than it was originally designed to achieve, particularly in relation to formulation and delivery system patents. The Full Federal Court’s decision in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCA

By Milena Dryza & Jeff Holman

Reeves v reeves - guy moloney's 8 part farming succession epic

What did a farming widow mean to give her eldest son when referring in her will to “Dinga Dee”? She owned 21 lots of land which were roughly bisected by the main road from Stroud to Dungog. The lots north of the road contained one particular lot known as "Dingadee" but, together with several others, were collectively referred to as “the Dingadee lots." Why was it spelt wrongly in her Will? Had there been a mistake? If so, who had got it wrong – the elderly testatrix, or her s

By Guy Moloney

Reeves v reeves - guy moloney's 8 part farming succession epic

Battle of the beckhams - parents right to trademark their child's name

Even those who typically pay little attention to celebrity gossip have likely learned of the feud between Brooklyn Beckham and his parents, Sir David and Lady Victoria Beckham. Back in January in an Instagram post, Brooklyn Beckham made it clear he had no interest in reconciling with his family. Brooklyn also made claims that his family has “repeatedly pressured and attempted to bribe me into signing away the rights to my name“. background The internet has been in a fury sinc

By Taryn Lovegrove & Madeleine Chan

Killer Queen - Katie vs katy, “assiduous infringer” reasoning

This introduction to the recent Killer Queen case is presented by The Brief editorial before an article by written by Craig Simth SC of List G Barristers. Introduction The legal findings around Australian designer Katie Taylor were more nuanced than a simple allegation of knowingly exploiting the fame of Katy Perry (the recording artist). Taylor had been using the name “Katie Perry” in connection with fashion before the dispute escalated publicly, and importantly, “Katie Per

By Craig Smith

electronic wills in australia - a brave new world

Electronic wills have increasingly grown in prominence in Australia. With the rise in the use of digital technology, it has created complex legal questions about the validity, execution and interpretation of electronic wills. It is important that electronic wills continue to reflect the formal requirements of a will and that any exercise of the dispensing power to allow for informal wills continue to uphold traditional principles in promoting testamentary intention. Although

By MaryAnn de Mestre

AI and Automated Decision Making (ADM) in Australian ip

IP Australia’s Strategic Corporate Plan for 2025-2026 lists one of its Significant Initiatives as “Continue to innovate with AI and Automated Decision Making (ADM) tools in accordance with government requirements for their responsible use, enhancing our efficient and effective administration of the IP system.” Background IP Australia’s commitment to keeping up with technological advancements is crucial, as AI presents numerous implications for the current intellectual propert

By Hayley Tarr

Crackdowns and raids on illegal tobacco in qld

There has been much reporting in recent media about “crackdowns” and “raids” on businesses throughout South-East Queensland who are alleged to have engaged in the sale of Illegal Tobacco Products and/or Illegal Nicotine Products. background These “raids” have been carried out by Queensland Health in conjunction with the Queensland Police, and were preceded by legislative changes which saw substantial increases to the penalties for individuals and businesses engaged in those

By Zac Reinke

Fc decision could encourage more challenges to merits review decision-makers

A recent Full Court of the Federal Court decision could encourage more challenges to merits review decision-makers, such as the ART.Schemes (Administrative Review Tribunal) involving merits review of "first instance" administrative decisions are common. Often, the "second tier" decision-maker (often, a statutory tribunal such as the ART) takes a different approach to the original decision-maker, and makes different findings. when errors are found In a recent decision of the F

By David Hume

How voices are heard in a new defamation era

The Brief has created a new legal media flagship as Australia’s defamation framework has entered a new phase. Although The Brief offers insight across all areas of legal practice, it's the area of defamation that has the most recognisable association with the realm of media. Recent reforms have sharpened thresholds, clarified serious harm, and recalibrated responsibility across publishers, platforms, and participants in public discourse. These changes do not signal a retreat

By CJ DORE

the ai-lephant in the room

In the legal world there is currently a mixture of desire for AI and doubt about what it actually is within law, and whether it provides value or pure risk. I want to address some of the conjecture about AI based on experience, and how it was used at appropriate times for appropriate purposes in the year-long build process of The Brief platform. When such a formalised industry as law has been understood and practiced within an agreed construct for hundreds of years, there wil

By CJ DORE

How voller set the scene for digital responsibility change

The litigation that came to be known as Voller v Nationwide News Pty Ltd arose out of circumstances that were already deeply confronting. Dylan Voller was a former youth detainee whose treatment in detention was exposed in the ABC Four Corners program investigation, Australia’s Shame. The broadcast revealed images and practices that shocked the public and led directly to a Royal Commission into youth detention in the Northern Territory. background Following the broadcast, Mr

By CJ DORE

Section 8 of the Succession Act 2006 (NSW) involves three key requirements

Section 8 of the Succession Act 2006 (NSW) involves three key requirements. Powell JA outlined a systematic approach in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56] to guarantee that the document aligns with the deceased’s true testamentary intentions. A ‘document’ must first exist - defined by s 3(1) of the Succession Act; reference is made to the broad definition of a "document" under s21 of the Interpretation Act 1987 (NSW) including: Physical records: Handwritten

By Peter Allsopp