Join more than 350 law firm leaders and managers and 50+ market-leading vendors from across Australasia in Sydney for an action-packed three days of intense professional development, networking and fun!

The 2018 ALPMA Summit brings together senior legal management professionals, world-class industry and subject-matter experts and leading industry suppliers to hear about best-practice, find out what is new, share experiences, make contacts and have fun.

Who?

The Australasian Legal Practice Management Association, (ALPMA), is the peak body representing managers and lawyers with a legal practice management role. ALPMA provides an authoritative voice on issues relevant to legal practice management. Members of ALPMA provide professional management services to legal practices in areas of financial management, strategic management, technology, human resources, facilities and operational management, marketing and information services and technology.

What?

The Australasian Legal Practice Management Association (ALPMA) Summit 2018.

The theme of this year’s Summit:

Shaping the future firm – it starts with you.”

Registrations for the Summit are now open! Early bird registrations close on Tuesday, 31 July 2018.

When?

Wednesday, 19 September to Friday, 21 September 2018.

Where? 

International Convention Centre, Sydney, Australia

More Information

The full conference program is available here: http://alpmasummit.com.au/program

• Website: www.alpmasummit.com.au
• Contact: info@alpmasummit.com.au

The Law Society of NSW’s “Just Art” exhibition opens tonight. The exhibit is a unique collection of artworks that reflect on the concept of justice and our justice system.

President of The Law Society of NSW, Doug Humphreys, says “Just Art” gives artistic members of the legal profession and artists who share a motivation for justice the opportunity to celebrate the rule of law through a creative medium.

These artworks fuse the world of law and expression to produce perhaps the most powerful collection of art in NSW exploring the concept of justice and the strengths and vulnerabilities of our justice system,” Mr Humphreys said.

Artworks include paintings, prints, digital illustrations, photography, video and portraits including those of the Honourable Justice Michael Kirby and the Honourable Justice James Macken.

A percentage of proceeds from “Just Art” will be donated to the President’s 2018 Charity, The Butterfly Foundation.

The People’s Choice Award will be presented on opening night tonight, Wednesday 27 June, 6:30pm.

When?

“Just Art” opens tonight, Wednesday 27 June 2018 @ 6:30pm and runs until 1 July 2018.

Opening hours: Thursday to Friday (8.30am – 6.00pm) and Saturday to Sunday (10.00am – 4.00pm)

Where?

The Law Society of NSW, Level 2, 170 Phillip Street, Sydney.

Can’t make it?

The catalogue can be viewed on The Law Society of NSW website.

The Inquiry into establishing a Modern Slavery Act in Australia handed down its recommendations a few short months ago. With new legislation set to be introduced in State and Federal Parliaments this year, Australia could soon be a world leader in stamping out modern slavery. So what better time to learn more about the issue and the proposed new legislation?

World Law Forum invites you to register for a one day conference on the subject of modern slavery on
29 June 2018. The conference provides a unique platform for discussion and debate.

Where?

St. Bennedict’s Hall, 104 Broadway, Chippendale NSW 2008.

When?

Friday, 29th of June, 2018

Why?

The aim of the conference is to:

• Create a dialogue between businesses, civil society, policymakers and other key stakeholders, and to strengthen efforts surrounding the issue of modern slavery
• Present ideas and resources to help or support those interested in working in this field
• Provide a platform of collaboration across a diverse group of attendees.

Agenda

• Addressing modern slavery with legislation
• Recognition of modern slavery in Australia
• Identifying modern slavery: forms, signs, response, and support
• Organ trafficking and transplant tourism in the Asia-Pacific Region
• The extent to which existing laws cover modern slavery
• Panel discussion on regulating human rights in global supply chains
• Gender and modern slavery – protecting women’s rights
• Facilitating transparency and changing company culture
• Panel discussion on the next steps necessary to tackle modern slavery

Current list of speakers

• Hon. Jose Ramos-Horta, Co-recipient of Nobel Peace Prize 1996 & Former President of Timor-Leste (VC)
• Hon. Chris Crewther, Member of Parliament (VC)
• Hon. Paul Green, Member of Legislative Council NSW
• Jenny Stanger, National Manager, The Freedom Partnership
• Carsten Primdal, Founder, Vantage Compliance
• Amy Sinclair, Regional Representative (Australia, NZ & Pacific), Business and Human Rights Resource Centre
• Madeleine Bridgett, Barrister, 6 St James Hall Chambers & Australian Lawyers for Human Rights
• Bronwyn Byrnes, Barrister, 6 St James Hall Chambers
• Benedict Coyne, Executive Counsel, Anderson Fredericks Turner
• Monica Ramesh, Independent Ethical Supply Chain Consultant
• Kate Eastman SC, Barrister, New Chambers Sydney
• Professor Justine Nolan, Associate Professor, Faculty of Law, UNSW Sydney

Register

BucketOrange Magazine readers receive a 20% discount!

Use the promotional code “OFF20” when registering.

More Information

For more information about the conference and registrations, click here.

For corporate bookings (or bookings for more than 3 delegates):

• Email pbakshi@worldlawforum.org for discounted rates; or
• Phone: +61 449 886 930

This conference has been designed to meet the CPD needs of lawyers, according to the Legal Profession Uniform CPD (Solicitors) Rules 2015. You may claim 1 CPD unit for each hour of attendance (breaks not included).

Well, have we got the comp for you!

The Australian Accident Helpline’s essay competition “Australia’s Next Top Lawyer” is aimed at undergraduate law students around Australia. The award aims to encourage, reward and recognise young talent and to give the winning applicant an edge in a highly competitive junior legal sector.

Topic:

What do you think is the most important development in Australian legal history?”

Length:

3000 words. A word length of 10% above or below 3000 words will be accepted.

Deadline:

Entries close Monday 1 October 2018. All entries will be judged by a panel of senior lawyers. Winners will be announced in late October.

Eligibility:

To be eligible, you must be an Australian resident undergraduate studying law.

Prize:

$5,000 to assist with studies and bragging rights as “Australia’s Next Top Lawyer!”

To enter:

Fill out your details in the online form and upload your essay here.

This competition is sponsored by Australian Accident Helpline.

Every year, all around the country (14-20 May 2018), the legal community celebrates a festival of law. The aim is to not only make the law and legal processes more accessible and engaging but also to enhance community understanding of the law and justice system.

Sound implawsible? (gettit)

Read on to discover what exciting legal events and free legal information sessions are happening near you.

What’s on near me? A few of our hot picks for Victorians

Law Week 2018 is bigger and better than ever with over 180 events taking place. Below is a selection of our favourites.

LAW WEEK FESTIVAL HUB AT FEDERATION SQUARE

What?

The Law Week Festival Hub is where you can find out more information about Law Week, talk to event partners, get free legal advice, listen to music, pick up a program, balloons and stickers, dress up in a photo booth, and make your very own fingerprint badge.

The Law Week information session series provides an opportunity to attend special events and presentations at the hub, where people can also speak with staff from various legal organisations. Check the program for times and the individual event listing for full details.

When?

Monday 14 – Thursday 17 May 2018

More Information

Everyday Law Victoria

ESPRESSO LEGAL LAUNCH – FREE LEGAL HELP, FREE COFFEE

What?

Free legal assistance and free coffee! A coffee van staffed by a barista, a team of lawyers and community information volunteers will visit new developments and isolated communities in the urban-rural fringes of the City of Whittlesea.

When?

Monday 14 May 2018

Where?

The launch of Espresso Legal will be held at the Mernda Central School, 70 Breadalbane Ave, Mernda VIC 3754, from 8:00 am to 10:00 am on Monday 14 May.

TRIAL BY (SOCIAL) MEDIA – JURY DUTY IN THE DIGITAL AGE

What?

Paul Dore, Victoria’s Juries Commissioner, leads a discussion on jury duty in the digital age.

Questions such as:

• Will the iPhone mark the death of the jury system as we know it?
• Can our natural inclination to Google information undermine the justice system?
• Is social media eroding the right to a fair trial?

Will be answered!

Learn about the good, the bad and the ugly side of technology and juries in 2018.

Where?

Supreme Court of Victoria, enter via 485 Lonsdale Street, Melbourne

When?

Saturday 19 May 2o18, 2:00 pm to 3:00 pm

https://www.everyday-law.org.au/events/courts-open-day-trial-by-social-media-jury-duty-in-the-digital-age

Presented by Supreme Court of Victoria and Juries Victoria

Cost?

Free! Bookings not required.

COURTS OF THE FUTURE – HOW DIGITALISATION AND INNOVATIVE TECHNOLOGY MAY CHANGE THE JUSTICE SYSTEM

What?

Learn how digitalisation and innovative technology may change the justice system.

Join one of Australia’s top digital influencers, Peter Williams, for an interactive talk about courts in the future followed by a panel discussion.

When?

Saturday 19 May

Where?

Waldron Hall, County Court of Victoria, 250 William St, Melbourne

Cost?

Free entry. Bookings not required

TOUGH ON THE CAUSES OF CRIME – PANEL DISCUSSION ON ALTERNATIVES TO PRISON FOR WOMEN

What?

Victorian Ombudsman, Ms Deborah Glass, will offer alternatives to incarceration for women, and what can be done to reduce re-offending, drawing from her report ‘Investigation into the rehabilitation and reintegration of prisoners in Victoria’.

Presented by Women and Mentoring (WAM)

When?

Tuesday 15 May 2018, 5:15 pm to 7:00 pm

Where?

‘The Bowl’ – nab Melbourne, Ground floor, 500 Bourke Street, Melbourne

Cost?

$10 Bookings essential

More Information

Everyday Law Victoria

FAMILY VIOLENCE SEMINAR REGARDING LGBTIQ

What?

17 May 2018, is International Day against Homophobia, Biphobia and Transphobia (IDOHOBiT).

This WIRE seminar will feature a panel of experts and practitioners discussing responses to family violence in an LGBTIQ context. Important questions such as:

• What is family violence?
• How family violence affects the LGBTIQ community?
• What legal protections and support is available?
• What’s been done by the mainstream family violence sector to develop an LGBTIQ inclusive practice?

Julie Kun, WIRE CEO, facilitate a lively discussion.

When?

Wednesday 16 May 2018, 1:30 pm to 3:00 pm

Panelists include:

• Rebecca Dahl (Senior Associate, Nicholes Family Lawyers)
• Matthew Parsons (Research Operations Manager, the Australian Research Centre in Sex, Health & Society, La Trobe University & Research Officer, GLHV@ARCSHS)
• Liam Leonard (Director, GLHV@ARCSHS, La Trobe University)
• A Safe Steps representative

Presented by WIRE Women’s Information

Where?

WIRE Women’s Information, 372 Spencer Street, West Melbourne

Cost?

Free. Bookings essential

More information

Everyday Law Victoria

EXPLORING THE MANAGEMENT AND TREATMENT OF GAY, LESBIAN AND TRANSGENDER PEOPLE IN VICTORIA’S PRISONS

What?

There has been international consideration on the experiences of gay, lesbian and transgender (‘GLT’) people in prisons. This dialogue, however, has not reached Australia. There is no reference to the unique experiences of GLT people in Victoria’s corrections guidelines, regulation or legislation.

This panel discussion will examine this issue compared with international best practice, current scholarship on the issue, and advances made in similar jurisdictions. It will feature a panel made up of individuals working in Victoria’s criminal justice system, as well as advocates of the GLT community. The objective of the event is to educate, inform and encourage future consideration of the issue.

When?

Tuesday 15 May 2018

More Information

Everyday Law Victoria

DECODING PRIVACY PROTECTION IN AUSTRALIA: FUTURE DIRECTIONS AND CHALLENGES

What?

This lunchtime event, featuring former Victorian Privacy Commissioner, David Watts and privacy by design expert, Bridget Bainbridge, will reflect on recent events in the area of privacy and data protection.

It will seek to promote an understanding of future government directions in data protection space, such the proposed Consumer Data Right.

Speakers will discuss their frontline experience of embedding privacy compliance in the private and public spheres. The event offers an opportunity to reflect on how we can effectively manage and oversee the use of personal data in the era of Facebook and Cambridge Analytica.

When?

Wednesday 16 May 2018, 12:30 pm to 2:00 pm

Where?

La Trobe University City Campus, Room 2.15, Level 2, 360 Collins Street, Melbourne

Presented by La Trobe Law School

Cost?

Free! Bookings essential.

More Information

Everyday Law Vic

LAW IN THE DIGITAL ERA: WHAT GOES INTO CREATING INVESTIGATIVE PODCASTS?

The phenomenally successful ‘Serial’ and other investigative podcasts have ushered in a new age in journalism and focused the public mind on the legal process in a whole new way.

Listen to this one-off podcast to hear from the people behind TRACE (Rachael Brown) and Phoebe’s Fall (Richard Baker), together with ABC Radio National’s The Law Report (Damien Carrick), as they discuss the intricacies and hurdles in producing an investigative podcast in today’s legal landscape, and how this format can raise public awareness of law enforcement and the justice system.

Hosted by Lynne Haultain, Executive Director of Victoria Law Foundation and former ABC broadcaster.

More Information

Everyday Law Victoria

COURTS OPEN DAY

When?

Saturday 19 May 2018

For a day, Victorian courts open their doors to let you see behind the scenes. It’s a great day out for the family, offering plenty of children’s activities.

From 12pm – 2pm in the County Court forecourt kids can enjoy face painting by Laurie The Face Painter, while also being entertained by The Great Gizmo! A Juggler, Magician, Unicyclist, Clown and Ringmaster.

There will also be a sausage sizzle from 11 am, with all monies raised supporting Berry Street – an independent child and family welfare organisation.

Supreme Court of Victoria

• 10:00 am Old High Court exhibition
• 11:00 am How find you? A juror’s experience
• 1:00 pm Guided walking tours of Melbourne’s historical legal precinct
• 1:30 pm ‘You be the judge’
• 2:00 pm Trial by (social) media: jury duty in the digital age
• 3:30 pm Two Famous Cases

County Court of Victoria

• 10:00am, 11:30 am and 2:00 pm ‘Day in the life of an accused’ tour
• 10:00 am Behind-the-scenes tours of the County Court
• 10:30 am, 12:00 pm and 2:30 pm ‘I Plead Guilty Your Honour’ mock hearing
• 11:00 am Mock Koori Court
• 12:00 pm Parole, you decide
• 1:00 pm 12 Good Citizens: Jury empanelment session
• 1:00 pm Guided walking tour of Melbourne’s historical legal precinct
• 2:30 pm Bailed out: The role of the barrister

Magistrates’ Court of Victoria

• 10:00 am Welcome by the Chief Magistrate
• 10:15 am ‘All Stand’ Magistrates’ Court bail mock hearing
• 11:00 am Koori Court information session
• 11:30 am Drug Court of Victoria
• 12:00 pm Career as a Court Registrar information session
• 12:30 pm Victims of Crime Assistance Tribunal (VOCAT) information session
• 1:00 pm Guided walking tour of Melbourne’s historical legal precinct
• 1:00 pm Court Integrated Services Program (CISP) information session
• 2:00 pm ‘Walk in her shoes’ tour
• 2:00 pm Road Trauma Support Services Victoria presentation

VCAT

• 11:30 am How VCAT works

Court Network

• 8:45 am Information stall

Children’s Court

• 10:00 am Information stall

CORONERS COURT MOCK TRIAL: ‘TWAS THE NIGHT BEFORE CHRISTMAS

What?

Be a witness at the inquest into the accidental – but possibly preventable – death of a Bayside resident, at the Coroners Court of Victoria.

Narrated by RocKwiz and ABC radio’s Brian Nankervis and starring the State Coroner Judge Sara Hinchey and her staff of the Coronial Centre, the mock inquest will also feature guest roles from the folk at the Victorian Institute of Forensic Medicine.

The Coroners Court is an inquisitorial rather than adversarial court. No-one ends up in jail and future lives are often saved through its recommendations. What goes on there is nothing short of fascinating.

Presented by Coroners Court of Victoria

When?

Monday 14 May 2018, 6:00 pm to 8:00 pm

Where?

Coroners Court of Victoria, 65 Kavanagh Street, Southbank

Cost?

Free! Bookings essential.

More Information

Everyday Law Victoria

DEALING WITH CRIMES MOTIVATED BY RACE OR RELIGION

What?

Presenters from Victoria Police, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) and Fitzroy Legal Service will address crimes motivated by race or religion.

They will cover what racial and religious attacks are (physical, verbal and damage to property), the definitions of racial discrimination and racial vilification, and where to go for help.

If you need an interpreter, please advise when booking.

Funded by a grant from Victoria Law Foundation.

Presented by Fitzroy Legal Service, City of Yarra, Neighbourhood Justice Centre, Victorian Human Rights and Equal Opportunity Commission and Carringbush Adult Education

When?

Monday 14 May 2018, 10:30 am to 12:30 pm

Where?

Richmond Town Hall, 333 Bridge Road, Richmond

Cost?

Free

#METOO AND THE PRESUMPTION OF INNOCENCE

What?

Talking Justice is a thought-provoking and enlightening series of public conversations that explores diverse perspectives on what we mean by ‘justice’ in Australian society today. Join writers, social commentators and legal practitioners as they tackle some of society’s most wicked problems.

This year’s Talking Justice series opens with a timely conversation about the #MeToo movement. A long battle has been fought for women to feel safe to share their stories of sexual harassment and abuse, where for too long such incidents have been unchecked and perpetrators not held to account. Now as the #MeToo movement gains momentum and more women come forward to share their experiences, some observers suggest that due process is not being properly extended to the accused. Others have argued that the presumption of innocence is a legal standard that does not apply in everyday life and that we should question whether due process is being demanded for reasons of justice or as cover for something less sincere. Are the concerns regarding due process and presumption of innocence valid? How can the rights of the accused be balanced with accountability, change and the need to create a safe environment for women to share their stories?

Social commentator and writer Van Badham is among the speakers at the event.

When?

Thursday 17 May 2018

More Information

Everyday Law Victoria

CONCERTS

What?

Judges and members of the legal profession from Victoria come together to perform two short operettas based on the famous cases of Carlill v Carbolic Smoke Ball Co and Donoghue v Stevenson (the snail in the bottle case).

Be entertained and informed as the stories behind these famous cases are retold in humorous songs set to well-known Gilbert & Sullivan tunes, written by New Zealand law lecturer Stephen Todd. Presented by BottledSnail Productions.

When?

• Thursday 17 May 2018, 6:00 pm to 7:00 pm
• Friday 18 May 2018, 6:00 pm to 7:00 pm
• Saturday 19 May 2018, 3:30 pm to 4:30 pm

Where?

Law Library of Victoria, Supreme Court, 210 William Street, Melbourne

Cost?

$30 (full price) and $23 (concession)

More Information

FREE LEGAL ADVICE

Across Victoria

Monday 14 – Sunday 20 May 2018

Attend free legal advice sessions on topics including scams, mediation, copyright, end of life planning, wills and estates.

For a full list of events in Victoria this Law Week Everyday Law.

Artists and musicians have the unique opportunity to participate in justice by creating artworks and compositions that highlight experiences or reflections upon the concept of justice and our justice system.

The President of The Law Society of NSW, Doug Humphreys, says The Law Society’s Just Art and Just Music competitions are open not only to solicitors and law students but also to anyone who shares a motivation for justice.

Just Art and Just Music give the legal profession and lovers of justice the chance to celebrate the rule of law through a creative medium,” he said.

It is an opportunity to reflect critically on the strengths and vulnerabilities of the justice system through art and music.”

Artwork can be in any form – painting, printing, sculpture or photography while music compositions can be from any genre – classical, folk, contemporary or rap.

Finalists will be showcased at two charity events in Sydney later this year: a music concert for Just Music and an art exhibition for Just Art where artworks will be available for purchase.

A percentage of proceeds from each event will be donated to the President’s 2018 Charity, The Butterfly Foundation.

Both music and art submissions can be made online.

Further Information

Entries close: 31 May 2018.

More details can be found on the Law Society of NSW website.

SPECIAL GUEST JUDGE 

The Hon. Justice Fabian Gleeson
Judge of the Court of Appeal, Supreme Court of New South Wales, and 2018 NSW Young Lawyers Patron.

MASTER OF CEREMONIES 

Emily Aitken
Employment and WHS lawyer, Seyfarth Shaw, and Vice Chair, NSW Young Lawyers Workplace and Safety Law Committee.

Further Information

NSW Young Lawyers

• Phone : (02) 9926 0182
• Email: ylgeneral@lawsociety.com.au
• Website: lawsociety.com.au/goldengavel

Project Didi Australia is hosting a panel discussion at The Freedom Hub in Sydney’s Waterloo to share bold ideas and drive change to stop modern slavery.

With estimates that 40 million people around the world are victims of some form of modern slavery, including sex trafficking, debt bondage or forced labour, this is an important human rights issue that needs to be addressed.

It’s timely for us to be holding this conversation on modern slavery now with the recent announcement by our government to legislate a Modern Slavery Act for Australia by the end of the year and the launch of the Department of Foreign Affairs and Trade’s Smart Volunteer Campaign just this week. Modern slavery, more than other global crises, links to us in ways we do not realise. It is behind our everyday purchases: our clothing, our food and our phones. That link actually gives us power and that’s what you’ll gain from next week’s panel event – an understanding of that power and how to exercise it for change. The change is in our hands.”

About the event

A panel of changemakers will lead action inspiring conversation about human trafficking and share practical advice on responsible travel, ethical shopping and awareness of slavery issues.

Who’s speaking?

• Gordon Renouf, CEO and Co-Founder of ethical fashion app Good On You
• Laura McManus, business and human rights practitioner and part of the Fashion Revolution Australia movement
• Andrea Nave, CEO of Forget Me Not Australia and advocate to end volunteering in orphanages
• Chris Crewther MP, Federal Member for Dunkley and Chair of the Inquiry into a Modern Slavery Act in Australia

When is it being held?

How to attend?

Victoria Law Foundation is offering grants for Law Week 2018 events. You can apply for a Law Week Grant of up to $3000 (excl. GST). To be eligible, events must be for the community and delivered during Law Week (14–20 May 2018).

About Law Week

Delivered in May each year, Law Week is a festival of events for Victorians that makes learning about the law easy. In 2018 Law Week will run from 14-20 May.

Examples of past Law Week events include information sessions, pop-up legal health clinics, debates, panel discussions, mock trials, guided tours and events with less traditional formats that give learning about the law an entertaining twist.

Learn more about Law Week here. 

About Law Week Grants

Law Week Grants for 2018 opened from Monday 4 December 2017 and will close at COB Friday 2 March 2018.

Before you apply:

• read the grants criteria – this will help you understand what kinds of projects the Foundation wants to fund
• contact the Foundation’s Grants Manager to discuss your project – contact the Foundation before you apply wherever possible

Find out how to apply for a Law Week Grant.

Further Information

The Foundation’s Grants Manager is happy to discuss your idea for a Law Week event and provide feedback on your application for a Law Week Grant.

Grants Manager, Melanie Rygl:

• Phone: (03) 9604 8100; or
• Email Melanie here.

It seems that there are countless social media platforms: Facebook, Instagram, Pinterest, Twitter, Snapchat, YouTube and LinkedIn, just to name a few.

One common feature of all of these platforms is that they all enable online sharing – the sharing of thoughts, ideas, photographs, videos and handiworks. So what is intellectual property (IP) law and just how do we protect our ideas or expressions of ideas when we engage in online sharing? How do our IP laws work and what IP rights are we giving up when we use these social media platforms?

Copyright in Australia

In Australia, the expression of certain types of works will be automatically protected by copyright without the need for any formal registration. These works include literary, dramatic, musical or artistic works.   Notably, a photograph is protected by copyright as a product of the art of photography, regardless of whether there is any real skill or artistic ability exercised by the person who takes the photograph. In simplest terms, this basically means that every photograph that is taken is automatically protected by copyright, and the author of that photograph has certain legal rights in relation to its use.

So what rights do we give up when sharing a photo via social media?

The answer depends on the terms of use that a user agrees to when he or she signs up to the relevant platform. However, given the sheer number of social media platforms and their prolific use, it is possible that many users are inadvertently altering or disposing of their legal rights. Also, when clicking ‘I agree’ to use the platform, how many of us actually read the terms and conditions, so we really know what we are agreeing to?

What else are we giving away?

In addition to the possible inadvertent surrender of one’s copyright, the use of social media also allows for thoughts, ideas and expressions to be disseminated across the globe, and there are obvious issues when it comes to the protection and enforceability of one’s legal rights when a breach has occurred in another jurisdiction. If, for example, a person writes an article and shares it on LinkedIn, and that article is shared with hundreds of online users, what rights would the author have if, say, a university student in another country plagiarised their article? How would the author go about enforcing those rights? Would it be worth the time and effort involved in navigating the IP laws and legal systems of the other country?

These are just two examples of the difficulties that exist in relation to intellectual property and social media. The issues become more significant when a person has intended to earn a livelihood from their works – for example, unsigned musical artists and amateur filmmakers.

At the very least, it seems that the existence of issues such as these highlights the need for more education in the IP space. We should all know what rights we have in our work so we can decide what to do with them.

Learn legal literacy in a free to join online course

Learn more about intellectual property law and become legally literate by joining Monash University’s Law for Non-Lawyers: Introduction to law for an accessible introduction to the common law system.

This free to join online course is designed for anyone with an interest in law. Whether out of professional or personal interest in the legal environment in which you live, work and play, this course is for you.

Join the course, Law for Non-Lawyers, today.

Learn more about Monash’s suite of online courses developed with education partner FutureLearn.

In August this year, there was a news report relating to the 20-year suspension of a Queensland Australian Rules Football player who kicked a fellow player in the head during a football match. It appeared from the video footage of the match that the offending player delivered the kick intentionally to a player who had already been knocked to the ground. The incident squarely gives rise to the issue of torts in sport.

Trespass Torts

The ancient tort of battery is a form of legally actionable trespass that exists where a person directly and either intentionally or negligently causes some physical contact with another person, to which that other person has not consented. Of course, the act of deliberately kicking another player during a football match satisfies the first limb of the tort – namely, directly and intentionally coming into physical contact with another person. The relevant question, therefore, in determining whether a tort has been committed centres around the issue of consent.

Consent and the ‘Rules of the Game’

The courts have recognised that in certain circumstances a person will have given implied consent to certain types of physical contact – for example, inevitable jostling at a train station or on a busy street, or a hand seized in friendship. This principle of implied consent has been extrapolated to contact that occurs between players during sport. In the case of McNamara v Duncan (1971) 26 ALR 584, the plaintiff successfully sued the defendant for injuries he sustained when he was struck by the defendant while playing Australian Rules Football. As to the issue of consent, the court noted that forcible bodily contact was part of the game. However, it ultimately held that the contact between the defendant and the plaintiff was contrary to the rules of the game and was therefore beyond the scope of the plaintiff’s implied consent.

In the light of this interpretation of the law, it is perhaps surprising how few torts cases relating to sporting injuries have been pursued in the courts. However, the recent incident in Queensland serves as a timely reminder as to the limited scope of consent that will be implied by the courts in relation to contact occurring between players in the course of a sporting match. Playing and contact within the rules will be deemed to be consented to; playing foul of the rules may see you playing foul of the law.

Learn legal literacy in a free to join online course

Learn more about torts law and become legally literate by joining Monash University’s Law for Non-Lawyers: Introduction to law for an accessible introduction to the common law system.

This free to join online course is designed for anyone with an interest in law. Whether out of professional or personal interest in the legal environment in which you live, work and play, this course is for you.

Join the course, Law for Non-Lawyers, today.

Learn more about Monash’s suite of online courses developed with education partner FutureLearn.

References

• Ipswich Eagles Aussie rules player banned from playing for 20 years, Erin Smith and Chris Clarke, Quest Newspapers, 24 August 2017
• Collins v Wilcock [1984] 1 WLR 1172 at 1177-1178 at cited and applied in Rixon v Star City Pty Ltd [2001] NSWCA 265 at [53].

You cannot access news without being inundated with broadcasts relating to crime – we, as a society, seem fixated on crime and punishment: what crimes have been committed and what cases are being prosecuted.

Crime and politics

Given this societal fascination, it is perhaps unsurprising that news of crime and punishment is often accompanied by political news: what are our politicians doing to address crime and what new laws are being enacted to protect the public as a whole.

Is this unavoidable interrelationship between crime and politics appropriate? Does it ensure that the public is better protected or is it leading to an unnecessarily over-regulated society?

There are perhaps numerous examples of possible over-regulation.

One such example relates to our road safety laws. In Victoria, there are essentially catch-all offences for careless and dangerous driving. Section 65 of the Road Safety Act 1986 (Vic) provides that a person who drives a motor vehicle carelessly is guilty of an offence. Section 64 of the Road Safety Act 1986 (Vic) provides that a person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public. These offences carry significant penalties. In the case of dangerous driving, the applicable penalty is currently a fine of up to approximately $38,000 and/or a term of imprisonment for up to two years.

However, notwithstanding these catch-all offences, there are also now numerous specific offences, for example, those relating to the use of mobile phones while driving. Section 300 of the Road Safety Road Rules 2009 (Vic) prohibits a person from using a mobile phone while driving (except for in certain limited circumstances). Notably, the Road Safety Road Rules 2009 (Vic) incorporate some 500 or so pages of specific driving-related offences. It is at least arguable that many of these offences are already captured by the overarching provisions of the Road Safety Act 1986 (Vic) – so is this additional layer of regulation helpful? Is it necessary? Does it better protect the public? Or is it politicians signalling they are ’tough on crime’ without particularly advancing the law?

‘One Punch’ laws in Australia

Another example is the recent enactment of s. 4A of the Crimes Act 1958 (Vic), which provides that a single punch that is delivered to any part of a person’s head or neck and causes injury to the head or neck is taken to be a dangerous act for the purposes of the law relating to manslaughter by an unlawful and dangerous act. Was there ever any doubt that delivering a punch and causing injury to a person’s head or neck was an inherently dangerous act? Was this enactment necessary to better protect the public?

It is arguable that having various offences relating to the same type of criminal behaviour creates unnecessary legal complexity. It is also arguable that additional legal complexity might bring with it unwanted legal loopholes. So it begs the question, are we better-protected or are we over-regulated? What do you think?

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Learn more about criminal law and become legally literate by joining Monash University’s Law for Non-Lawyers: Introduction to law for an accessible introduction to the common law system.

This free to join online course is designed for anyone with an interest in law. Whether out of professional or personal interest in the legal environment in which you live, work and play, this course is for you.

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The law is often required to find ways of balancing competing interests; hence the frequent imagery of scales in the law. One of the overarching principles of contract law is the concept of ‘freedom of contract’, which essentially protects a person’s right to enter freely and voluntarily into any contract of his or her choosing. The law is not there to protect you from making a ‘bad bargain’; it’s simply there to enforce the bargain you freely enter into, regardless of your commercial savviness or otherwise.

However, there are certain facets of life in which the law has recognised a need to curtail this fundamental freedom due to unequal bargaining power, in order to ensure that certain categories of potentially vulnerable people are protected. Two pertinent examples of this are the areas of employment and consumer law, where protections have been afforded to the weaker contracting party, namely, employees and consumers.

Protecting the vulnerable – statutes

The law’s willingness to intervene in order to protect a more vulnerable contracting party stems from two sources. First, Parliament readily enacts statutes that codify certain minimum rights and entitlements. The Fair Work Act 2009 (Cth) and the Competition and Consumer Law Act 2010 (Cth) are examples of such statutes in Australia. Parties cannot contract out of the rights and entitlements that are provided for in these statutes – they are like Statutory Guarantees!

The Fair Work Act 2009 (Cth) prescribes a number of minimum standards in relation to employment, which are set out in the aptly named National Employment Standards. The National Employment Standards cover numerous aspects of the employment relationship, including various types of leave, maximum weekly hours, notice of termination and redundancy pay. The Competition and Consumer Law Act 2010 (Cth) includes the Australian Consumer Law – a set of provisions that regulates consumer contracts by, amongst other things, ensuring that goods and services are of an acceptable quality and are fit for the purpose for which they are acquired.

In the absence of statutes such as these, there is a real risk that the weaker contracting party would, out of necessity for employment, goods and services, enter into manifestly ‘unfair’ contracts.

Common law also attempts to mitigate unfair bargaining

The second source of protection comes from the common law and decisions by the courts to imply, as a matter of law or fact, certain terms and conditions into particular classes of contracts. By way of example in the employment context, the High Court of Australia recently considered whether employment contracts included an implied term of mutual trust and confidence. Notably, however, protections afforded by the common law are less robust than those provided under statute – unlike statutory entitlements, implied terms and conditions can be excluded or amended by express contractual terms, usually imposed by the stronger of the parties.

There are, of course, other areas of life and law where there is an imbalance of bargaining power between contracting parties. It is interesting to consider just how far the law should go in seeking to address this unequalness when the net result is to curtail the fundamental concept of freedom of contract. What do you think?

Learn legal literacy in a free to join online course

Learn more about contract law and become legally literate by joining Monash University’s Law for Non-Lawyers: Introduction to law for an accessible introduction to the common law system.

This free to join online course is designed for anyone with an interest in law. Whether out of professional or personal interest in the legal environment in which you live, work and play, this course is for you.

Join the course, Law for Non-Lawyers, today.

Learn more about Monash’s suite of online courses developed with education partner FutureLearn.

References

• Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462 at 465
• Commonwealth Bank of Australia v Barker [2014] HCA 32

The Victorian Parliament will soon consider new legislation on voluntary assisted dying. The proposed laws come after recommendations made in The Final Report of the Ministerial Advisory Panel on Voluntary Assisted Dying and would allow Victorians with a terminal illness, disease or medical condition to seek a medically assisted death.

What will the proposed changes mean for Victorians?

Victoria Law Foundation presents a community forum to explore what the proposed legislation could mean through a panel discussion of experts covering legal and health perspectives. The panel will also discuss how the Final Report’s recommendations could affect persons receiving or working in palliative care.

When

Thursday, 26 October 2017 @ 6.00pm – 7.30pm.

Where

Deakin Edge Federation Square (Cnr Flinders Street & Swanston Street Melbourne Vic 3000)

Panel

• Julian Gardner AM
  

Member of the Ministerial Advisory Panel on Voluntary Assisted Dying; Lawyer; Chair of Mind Australia

• Steven Amsterdam
  

Palliative care nurse; author

• Kathy Wilson
  

Lawyer; Principal, Aitken Partners (Succession & Elder Law Team)

• Dr Scott King

Clinical Director of Palliative Medicine at Calvary Healthcare Bethlehem

Facilitator 

• Lynne Haultain 

Executive Director, Victoria Law Foundation

How to book

This is a free event but you must register to attend:

BOOK HERE

Venue accessibility

Hearing loop

A hearing loop is provided in Deakin Edge.

Accessibility

Deakin Edge is wheelchair accessible. Please enter Federation Square’s The Atrium from
Flinders Street. The Atrium lift (from The Square to The Atrium) is currently being
upgraded and will be closed from August – December 2017. Accessible toilets can be
found in The Atrium. Arrangements can also be made to enter from the Federation Square Car
Park. For more information see http://fedsquare.com/accessibility

Further Information

Email: contact@victorialawfoundation.org.au
Phone: (03) 96048100

The Law and You Forums are community events that explore areas of law that affect Victorians and their lives. The forums are hosted by Victoria Law Foundation.