Podcasts about nsw court

In the NSW Court of Criminal Appeal, Christopher Michael Dawson says he’s not guilty of unlawful carnal knowledge of a schoolgirl. The Front is The Australian's daily news podcast. You can find out more about it here. You can read about this story and more on The Australian's website or on The Australian’s app. This episode of The Front is presented by Claire Harvey, produced by Kristen Amiet and edited by Joshua Burton. Our team includes Lia Tsamoglou, Tiffany Dimmack, Joshua Burton, Stephanie Coombes and Jasper Leak, who also composed our music. See omnystudio.com/listener for privacy information.

In the NSW Court of Criminal Appeal, Christopher Michael Dawson – who was covered in our podcast The Teacher’s Pet – says he’s not guilty of unlawful carnal knowledge of a schoolgirl. Find out more about The Front podcast here. You can read about this story and more on The Australian's website or on The Australian’s app. This episode of The Front is presented by Claire Harvey, produced by Kristen Amiet and edited by Joshua Burton. Our team includes Lia Tsamoglou, Tiffany Dimmack, Stephanie Coombes and Jasper Leak, who also composed our music. See omnystudio.com/listener for privacy information.

Proactive's Tylah Tully breaks down ‘Just the Facts' of the latest news from Silver Mines Ltd (ASX:SVL, OTC:SLVMF). The company has released an optimisation study for the Bowdens Silver Project (BSP) in New South Wales. The study demonstrates strong economic performance, with projections based on a silver price of US$29 per ounce. Over a 16-year mine life, the project is expected to produce 53 million ounces of silver, 92,000 tonnes of zinc, and 67,000 tonnes of lead. Silver accounts for 86% of the project's revenue, positioning Bowdens as one of the most leveraged silver projects globally. Key outcomes: Profitability Index: 1.76x, with a payback period of 3.9 years. Life of Mine Metrics: Operating margin of A$948 million and pre-tax NPV of A$359 million with an IRR of 21%. Post-tax NPV stands at A$253 million with an IRR of 18%. Optimised operations: Low-cost production with average C1 margins exceeding 45%. The project's immediate priority is obtaining Development Consent from the New South Wales state government. Once this is achieved, the company will advance to a definitive feasibility study and front-end engineering and design (FEED). Silver Mines expressed confidence in overcoming recent setbacks from the NSW Court of Appeal and emphasised the project's potential to deliver significant economic and community benefits. #ProactiveInvestors #SilverMines, #ASX #BowdensSilverProject, #MiningOptimisation, #SilverProduction, #CriticalMinerals, #AustralianMining, #ProjectEconomics, #NSWMinerals, #ASXStocks, #MineralDevelopment, #LongLifeMine, #SilverPrices, #EconomicBenefits, #MiningInvestment, #SustainableMining, #ZincAndLead, #FutureExpansion, #LowCostOperation, #HighReturnProjects, #DefinitiveFeasibilityStudy

 Climate Action Show Produced by Vivien LangfordNovember 18th 2024CLIMATE ACTION IN KOALA PARK  and NEWCASTLE COAL PORT Rising Tide Protestival Register now - https://www.risingtide.org.au/blockade-rego Rising Tide Protest organisers outside NSW Court this week- Photo Wendy Bacon at Michael West media Speakers at the Bob Brown Foundation Rally in Sydney to Protect Native ForestsMark Graham - "Our forest are our future. They keep us safe"Phil Zylstra - Associate Professor at Curtin University, and as Honorary Fellow at the University of Wollongong.Alex the Astronaut - https://www.youtube.com/c/AlextheAstronautKate Carol - National Parks association - Citizen ScienceEmily Mitchell   - Rising TideTO REGISTER - https://www.risingtide.org.au/blockade-regoThe courtcase : https://michaelwest.com.au/rising-tide-climate-protestival-to-go-ahead-despite-court-ruling/Little Green - https://littlegreenmusic.com/homeUncle Bruce Shillingsworth - https://www.facebook.com/mundagutta/Video: Bob Bown and Alexa Stuart :  From saving the Franklin to shutting down the world's largest coal port      https://www.youtube.com/watch?v=LqvHnYt0aNg PLUS : Rising Tide Spokeperson Zack Schofield****************************************************************************************************Rising Tide climate ‘Protestival' to go ahead despite court rulingby Wendy Bacon | Nov 9, 2024 | Government, Latest Posts"NSW Police argued that the risks to safety outweighed the right to protest. Rising Tide barrister Neal Funnell told the court that the group did not deny that there were inherent risks in protests on water but pointed to evidence that showed police logs revealed no safety concerns or incidents during the 2023 protest.Although he accepted the police argument about safety risks, Justice Fagan acknowledged that the “organisers of Rising Tide have taken a responsible approach to on-water safety by preparing very thorough plans and protocols, by engaging members of supportive organisations to attend with outboard motor driven rescue craft and by enlisting the assistance of trained lifeguards."In his judgement, Justice Desmond Fagan affirmed that protesting without a permit is lawful".NSW Council for Civil Liberties is one of more than twenty organisations that supported the Rising Tide case.In response to the prohibition order, its Vice-President Lidia Shelly said, “Rising Tide submitted a Form 1 application so that NSW Police could work with the organisers to ensure the safety of the public. The organisers did everything right in accordance with the law. It's responsible and peaceful protesting. Instead, the police dragged the organisers to Court and furthered the public's perception that they're acting under political pressure to protect the interests of the fossil fuel industry.”

In this episode the wigs discuss a new police powers decision, Julie Bugmy v NSW Director of Public Prosecutions 2024 NSWCA 70, a recent decision of the NSW Court of Appeal. It concerns the law applicable when police arrest a person believed to have breached a condition of a grant of bail. Wig Stephen Lawrence actually appeared in the matter, instructed by his old employer the Aboriginal Legal Service NSW/ACT way back when it began in 2022 in the local court in Broken Hill before Magistrate Trad and the episode begins with a re-enactment of Stephen's short cross-examination of the main witness. The issues focused on in the cross-examination proved to be decisive in the appeal and concerned the legal requirements on police to consider certain circumstances and alternatives to arrest before arresting a person for breach of bail. See omnystudio.com/listener for privacy information.

Ray Hadley casts his eye over what the next steps could be and what it means for former NRL star Jarryd Hayne, who, on Wednesday morning, had his sexual assault convictions quashed by the NSW Court of Criminal Appeal. See omnystudio.com/listener for privacy information.

Israeli authorities have responded after an Australian aid worker and 6 of her colleagues were killed by an airstrike in Gaza. There's been a big development in Bruce Lehrmann's defamation trial against Channel 10 and Lisa Wilkinson. There's a push from some Republican lawmakers to change the name of the airport in Washington DC. Taylor Swift is officially a billionaire according to Forbes magazine. Kanye West has been hit with a new lawsuit from a former employee. Jarrad Hayne will face the NSW Court of Criminal Appeal today in a bid to have his rape convictions overturned. Geelong has escaped penalty after AFL player Tom Hawkins was caught on camera holding a mobile phone in the change rooms.See omnystudio.com/listener for privacy information.

A bizarre judgement has been delivered by the NSW District Court.See omnystudio.com/listener for privacy information.

A man jailed for the 1988 murder of Scott Johnson has had his conviction quashed by the NSW Court of Criminal Appeal.See omnystudio.com/listener for privacy information.

In this episode of On Just Terms, Jason Betts is joined by President of the NSW Court of Appeal, the Honourable Justice Julie Ward. Her Honour shares perspectives on efficient management of complex litigation, challenges presented by class action multiplicity, and the evolving nature of legal practice in the post pandemic era. Elevated to the bench from partnership, Justice Ward shares her unique understanding of the interactions between corporate lawyers and the courts - discussing procedural fairness, advocacy and the invaluable nature of mentoring relationships.

Australia's highest court will hear arguments about why Scott Morrison's “captain's pick” candidates for a dozen seats might not be valid at an expedited hearing on Friday afternoon before a final decision is made in the long-running dispute.A now expelled member of the NSW Liberal Party is refusing to give up on his bid for branch members to be given the opportunity to vote for candidates in 12 NSW seats after Mr Morrison intervened and installed his preferred choices.Matthew Camenzuli's lawyer Scott Robertson applied for special leave to appeal to the High Court on Wednesday after his legal challenge against the Prime Minister's temporary takeover of the NSW division was dismissed in the NSW Court of Appeal earlier this week.That judgment cleared a major hurdle for Mr Morrison to call the election, however the appeal has created another headache.At a directions hearing on Thursday in the High Court, Justice Stephen Gageler expedited Mr Camenzuli's appeal and listed the matter to be heard at 4pm on Friday.Mr Morrison is listed as the first defendent in the case.His lawyer Guy Reynolds SC will be required to file a response to Mr Camenzuli's application by 1pm.Mr Robertson will then file a reply by 3pm, giving the parties just an hour until they then give their oral submissions.Justice Gageler earlier asked Mr Reynolds what his attitude was to the matter being expedited.“As far as expedition my clients are happy with a measure of expedition consistent with both the degree of emergency of the case and provided they are given adequate time in the circumstances to prepare their written and oral submissions,” he said.The High Court is the last option for Mr Camenzuli to overturn the Prime Minister's choice of candidates before the election.He was expelled from the Liberal Party on Thursday.At the centre of the issue is that Mr Morrison was part of a committee, which also included NSW Premier Dominic Perrottet, appointed by the federal arm of the party to temporarily take control of the state division on two separate occasions.He did this because factional brawling had stalled the preselection process and was leaving the Coalition with empty seats.NSW is a crucial state for the Coalition.During the first takeover the committee endorsed Immigration Minister Alex Hawke, North Sydney MP Trent Zimmerman and Environment Minister Sussan Ley as candidates without challenges.These are among the safest seats for the Liberal Party.On the second occasion a further nine candidates were selected without plebiscites, including in winnable seats like Parramatta, Eden-Monaro and Warringah.Mr Morrison has previously been called out by NSW Liberal Senator Concetta Fierravanti-Wells for selecting “captain's picks” instead of letting grassroots members decide the candidates in their electorates.Former Prime Minister Tony Abbott on Wednesday night told Sky News that the NSW Liberal Party needed to have a “come to Jesus” moment over the impasse.“As soon as this election is over, we really do need to have a very tough conversation about delivering to the Liberal Party's members the democratic commitments that were made to them back in 2016 and 2017,” Mr Abbott told Sky News host Chris Kenny.“Let's win this election, let's fight the good fight, but then things have got to be sorted out, and commitments have got to be honoured.”Mr Abbott had championed a rule within the party that requires “one member, one vote” in preselections after he was ousted from the top job by Malcolm Turnbull.- by Ashleigh Gleeson, news.com.auSee omnystudio.com/listener for privacy information.

Exclusive polling conducted for The Age and The Sydney Morning Herald shows Labor is ahead on 38 per cent of the primary vote to the Coalition's 34 per cent. The poll also put Anthony Albanese narrowly ahead of Scott Morrison as preferred prime minister, for the first time since the Resolve Political Monitor began last April. It comes as the NSW Court of Appeal made a landmark ruling on Tuesday. The court confirmed the validity of the Liberal Party federal executive's endorsement of candidates in that state, setting the stage for an election date announcement within days. Today on Please Explain, national affairs editor James Massola joins Bianca Hall to discuss the latest Resolve poll, and why the government might not be entirely unhappy with it. Subscribe to The Age & SMH: https://subscribe.smh.com.au/ See omnystudio.com/listener for privacy information.

Exclusive polling conducted for The Age and The Sydney Morning Herald shows Labor is ahead on 38 per cent of the primary vote to the Coalition's 34 per cent. The poll also put Anthony Albanese narrowly ahead of Scott Morrison as preferred prime minister, for the first time since the Resolve Political Monitor began last April. It comes as the NSW Court of Appeal made a landmark ruling on Tuesday. The court confirmed the validity of the Liberal Party federal executive's endorsement of candidates in that state, setting the stage for an election date announcement within days. Today on Please Explain, national affairs editor James Massola joins Bianca Hall to discuss the latest Resolve poll, and why the government might not be entirely unhappy with it. Subscribe to The Age & SMH: https://subscribe.smh.com.au/ See omnystudio.com/listener for privacy information.

In this episode of Law Talking, Ian Roberts and Frank Hicks look at recent High Court and NSW Court of Appeal decisions on varied topics such as Clive Palmer, academic freedom, casual workers, vaccination orders, and repudiation and causation in damages claims. Leah Reid joins Frank to discuss vaccination issues in the context of family law and the many questions that can arise involving children and parenting. Lastly, we revisit a seminar that was delivered earlier this year on how to plead a claim for breach of the statutory duty under s.37 of the Design Building Practitioners Act 2020, following the decision in Strata Plan 87060 v Loulach Developments.  

Advocates say more support is needed to expanded a replacement chaplaincy service in courts. See omnystudio.com/listener for privacy information.

Australia still has no federal anti-corruption commission, more than 2 years after the Coalition government promised to enact one. Worse, there are several serious flaws with the government's proposed model for a Commonwealth Integrity Commission. Join two former judges, the Hon Anthony Whealy QC and the Hon David Harper AM QC as they explain why that the government's model will be weak and ineffective at fighting serious and systemic corruption.Host: Ebony Bennett, deputy director of the Australia Institute // @ebony_bennettGuests:The Hon Anthony Whealy QC, former Judge of the NSW Court of Appeal, Assistant Commissioner ICACThe Hon David Harper AM QC, former Judge of the Victorian Supreme Court of AppealBoth are members of the National Integrity Committee of former judges, auspiced by the Australia InstituteProducer: Jennifer Macey //@jennifermaceyTheme music: Jonathan McFeat from Pulse and Thrum with additional music from Blue Dot Sessions

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying 'there are medical and scientific explanations for the death of each of Kathleen Folbigg's children'. A petition from ninety eminent scientists also called for her immediate release.

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying 'there are medical and scientific explanations for the death of each of Kathleen Folbigg's children'. A petition from ninety eminent scientists also called for her immediate release.

  Despite the NSW Court of Appeal invalidating a by-law banning pets months ago, strata committees are continuing to enforce these by-laws. What are their chances of success and what can would-be pet owners do in the face of a ban? Plus, Reena and I discuss: the owner who won't take responsibility for the spa on... The post 251. Why are pet bans still being enforced? appeared first on Your Strata Property.

Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.

Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers? If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732 Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers? If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732 Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

Australia is coming to terms with a revised history of the war in Afghanistan, since an inquiry by NSW Court of Appeal judge Major General Paul Brereton found special forces unlawfully killed 39 people there. It's brand new information that's still generating shockwaves. But what else might be missing from the official record? Today on The Signal, the tricky business of correcting Australia's war history. Is there room to acknowledge both heroes and war criminals? Featured: Brendon Kelson, former director, Australian War Memorial 1990-1994

Australia is coming to terms with a revised history of the war in Afghanistan, since an inquiry by NSW Court of Appeal judge Major General Paul Brereton found special forces unlawfully killed 39 people there. It's brand new information that's still generating shockwaves. But what else might be missing from the official record? Today on The Signal, the tricky business of correcting Australia's war history. Is there room to acknowledge both heroes and war criminals? Featured: Brendon Kelson, former director, Australian War Memorial 1990-1994

NSW Court Houses Are Still Using Floppy Disks To Store CCTV Footage | Bonus Clip See omnystudio.com/listener for privacy information.

Kia ora,Welcome to Friday's Economy Watch where we follow the economic events and trends that affect New Zealand.I'm David Chaston and this is the International edition from Interest.co.nz.Today we lead with news bad policy decisions are coming back to bite in ruthless ways.The weekly new jobless claims level came in higher than expected for last week at 742,000, and the prior week was also revised up. Worse, the number of people falling off this support rose sharply and exceeded 300,000 to be down to 6.3 mln. Few will have found work as the pandemic bites very hard now. The November labour force results are going to be very ugly.The Philly Fed survey factory survey was a positive one even though most scores slipped, but the Kansas City Fed survey wasn't and remains well below year-ago levels.But the US real estate market is buoyant. Sales volumes are high and prices are rising sharply, up more than +15% in a year. Buyers want 'space' if they are going to be locked down and demand for suburban homes is very strong. This has driven sales levels to their highest since 2005. And helping are mortgage interest rates which are again at new record lows.Canadian housing sales were similarly strong.And staying in Canada, the ADP employment report for October shows then still shedding jobs (-80,000) even if not as quickly as in September (-564,000).In China, their corporate bond market stress is widening, with now a real estate developer in default. Total onshore bond defaults now exceed ¥100 bln across all companies. Offshore bond defaults (defaults on funds raised in overseas markets) are fewer but they are starting to happen as well. Chinese companies are now racing to cancel or postpone bond issues. More than 50 issues worth a combined €40 bln were cancelled or postponed between November 10 and 19. Many more are being shelved. It is now a market emitting strong negative odours.In Turkey, a strongman-ruled country that more than a year ago fired its central bank chief for not cutting interest rates in the way the President wanted because of the risk to their currency, and they installed a family member in that position. It has been a disaster, and today they backtracked sharply, raising interest rates by +4.75% to 15% in an effort to stabilise a sharply worsening financial situation. The country is heading into some tough times, made much worse by those really bad policy mistakes by the President.Australia's jobless rate rose to 7.0% in October data released late yesterday, from 6.9% (NZ = 5.9% in September.) Full-time employment increased by +97,000 and part-time employment increased by +81,800. Their participation rate rose to 65.8%And staying in Australia, the NSW Court of Appeal has ruled that pandemic exclusions in business interruption policies are invalid.In New York, the S&P500 is down -0.2% in early afternoon trade today. Overnight, European markets were down -0.8%. Yesterday, Tokyo ended its session down -0.4%, Hong Kong was down -0.7%, but Shanghai closed up +0.5%. The ASX200 was up +0.2%, but the NZX50 Capital Index also closed lower, down another -0.4% and heading for a flat weekly result.The latest global compilation of COVID-19 data is here. The global tally is 56,498,000 and a +670,000 rise from yesterday. The largest number of reported cases globally are still in the US, which rose +185,000 since this time yesterday to 11,903,000. In Australia, they are not getting any major resurgence. The UST 10yr yield will start today down -3 bps at 0.84%. The price of gold has fallen again and despite the fast-weakening greenback, down by -US$20 this morning from this time yesterday and now at US$1859/oz.Oil prices are lower today also despite the weakening greenback and by another -US$0.50/bbl so it is just on US$41.50/bbl in the US, while the international price is now just on US$44/bbl.And the Kiwi dollar is still firm today at 69 USc. Against the Australian dollar we are even firmer, now at 95 AUc. Against the euro we are holding high at 58.3 euro cents. That means our TWI-5 is at 71.8. The Chinese yuan is appreciating faster now against the US dollar but is unchanged against the Kiwi dollar and still in the general range it has been for more than a year now.The bitcoin price is going ever higher, up another +1.1% this morning from this time yesterday, now at US$18,003. And just a reminder; it's record high was US$19,343 in December 2017.You can find links to the articles mentioned today in our show notes.And get more news affecting the economy in New Zealand from interest.co.nz.Kia ora. I'm David Chaston. We will do this again on Monday. 

Australian special forces may face prosecution for up to 39 murders and the torture of two others in Afghanistan. This comes after a four-year inquiry into alleged war crimes by NSW Court of Appeal Justice Paul Brereton. The Brereton Report, released yesterday, found "credible information" supporting allegations that 25 current or former soldiers were involved in the murder of 39 Afghan civilians. The probe heard from more than 400 witnesses. Our Australia correspondent Karen Middleton has three times been on assignment to Afghanistan and has published a book, "An Unwinnable war : Australia in Afghanistan". Kathryn speaks to Karen and also Chris Masters from the Age newspaper. Chris was the first Australian journalist to be embedded with special forces in Afghanistan.

Australian special forces may face prosecution for up to 39 murders and the torture of two others in Afghanistan. This comes after a four-year inquiry into alleged war crimes by NSW Court of Appeal Justice Paul Brereton. The Brereton Report, released yesterday, found "credible information" supporting allegations that 25 current or former soldiers were involved in the murder of 39 Afghan civilians. The probe heard from more than 400 witnesses. Our Australia correspondent Karen Middleton has three times been on assignment to Afghanistan and has published a book, "An Unwinnable war : Australia in Afghanistan". Kathryn speaks to Karen and also Chris Masters from the Age newspaper. Chris was the first Australian journalist to be embedded with special forces in Afghanistan.

In this podcast, Dan Toombs talks with Stata Law Expert, David Sachs on the recent Court of Appeal decision that is going to change everything.     TRANSCRIPT David, a pretty significant decision by the Court of Appeal, a very significant decision, and it will have wide-ranging implications for every strata scheme in New South […] The post The NSW Court of Appeal Decision on Pet ByLaws appeared first on https://australialawyers.com.au.

William Attoh is a talented Commercial, Employment, Insolvency & Tax Lawyer and is the principal of Legal Made Easy.So how does a senior pilot flying charter flights from Ghana make a career change to become the principal of a successful law firm in Sydney? Find out in this delightful conversation with William Attoh.William's law firm is Legal Made Easy, offering high-quality legal services, including court representation and advice, face to face, and online making premium legal services accessible to all who need it. He assists with commercial disputes, debt, insolvency, business law and contracts, employment law, tax law, strata and construction law.After graduating top of his class with Honours, despite working full time whilst studying full time, William worked under some of the most astute Judges in Australia, as Researcher to the NSW Court of Appeal. Before starting his own practice, Will also worked for the Australian Business Lawyers, Law Access NSW, Michael Vassili Barristers & Solicitors and Maddocks. Always looking to give back, Will supports various worthy charities, including the Anne Frank Exhibition Australia, which he helped to set up When not grounded in the aspirational pursuit of justice for clients, doing charitable deeds or lifesaving at the beach, Will may be seen flying the Victor 1 Coastal around greater Sydney, and beyond, as the “weekend warrior pilot”.Where to find William: https://wwwlegalmadeeasy.com.au

Last Friday I interviewed Jo Cooper and her lawyer, Sharon Levy, over on our Facebook page. Jo is the lot owner who recently convinced the NSW Court of Appeal that the by-law banning pets at her building is invalid. This episode is an edited version of that chat, taking your behind the scenes of this... The post 236. Jo Cooper and Sharon Levy on their Court of Appeal win appeared first on Your Strata Property.

People who don't care about pets in apartments shouldn't switch off just yet, regardless of how bored you are with the whole issue. It has implications for everyone in apartments, whether you have pets or not, as you may discover when your upstairs neighbour starts stomping around on their new, cheap timber floor. Letting ourselves off the leash this week, we also explore why Sydney's rents are going down a lot in some areas but up even more in others. Listen Here And we look at the fuel of the future and ask why we aren't pumping money itnto its development right now. But first we ask strata lawyer David Sachs of Sachs Gerace Lawyers, what are the far-reaching consequences of the Appeals Court decision last week in the case between Jo Cooper and the Owners Corporation of the Horizon building in Sydney - that have nothing to do with pets. Basically speaking, the NSW Court of Appeal ruled that Owners Corporations can't pass by-laws about what an owner does or has in their apartment if it doesn't impact on other owners' right to peaceful enjoyment of their lot. More to the point, there are remedies in strata law to pull owners into line if they get it wrong so pre-emptive by-laws that assume the worst are considered "harsh, discriminatory and unconscionable" and therefore invalid. What does that mean for other by-laws? We ask David the following questions in our podcast chat this week: Does the Court of Appeal ruling mean all no-pet bylaws are now defunct?Can buildings still impose restrictions on the type and size of pets?Can they ban pets from common property?Can they require owners to carry pets across common property?What implications does the ruling have for other by-laws?Will we expect more issues to be taken to NCAT e.g. when pets turn out to be a nuisance?Is NCAT up to handling an increased load of (predictably) emotional and contentious cases.Will the definition of "nuisance" need to be redefined in the current review of strata law. David's answers are authoritative and enlightening and he also takes time to support the people we routinely lambast in these pages - the NCAT Members who sit in judgement on our trails and tribulations. After that, Sue gives us a roundup of the areas of Sydney that are winning and losing on the rental roller-coaster ... and why. And Jimmy is talking trains that produce steam but run on an altogether cleaner fuel than coal. The Podcast transcribed Jimmy and Sue's dulcet tones transcribed for those who can't or prefer not to listen. They are joined by strata lawyer David Sachs. Be warned: This was transcribed by a soul-less American computer and edited by a grumpy Scot. But it still makes more sense than a Donald Trump diatribe. Jimmy  00:00 Got a post on the Flat Chat Forum this week from Jo Cooper ... name ring a bell? Sue  00:09 The owner of Angus, the now-legal dog in the Horizon building, and it's a Schnauzer. Jimmy  00:14 Yep, and basically, she was writing to tell me that I'm wrong. Because I said that there should be apartment blocks that people can go to. Even though I'm pro-pet, I believe that there should be apartment blocks that people can go and live in, who really don't want to live in the same building as pets. She said you can't have that. Because buildings have to allow support animals like guide dogs. And the law says you can't forbid them. So all it takes is one person to bring in a support animal and that whole argument about people's health and allergies and things goes out the window. Anyway, so it's been pets, pets, pets all week ever since that ruling at the Appeals Court. So this week, we have a special guest, David Sachs from Sachs Gerace Lawyers, who has a pretty interesting take on what that appeal court decision means not just about pets, but about by-laws in general. I'm Jimmy Thomson. Sue And I'm Sue Williams … Jimmy And this is the Flat Chat Wrap.

The post NSW Court of Appeal on Pets appeared first on ACOP.

The big strata news of this week stopped us in our tracks. The NSW Court of Appeals has overturned a decision by the strata tribunal (NCAT) which, earlier this year, ruled that strata schemes could create "no pets" by-laws. Just to be clear, NCAT last year twice ruled that no-pet by-laws were illegal, then the NCAT Appeals Board overturned those decisions, then the Court of Appeals, the highest court in the state, overturned the Appeals Board decision. So now, in short, NSW strata schemes can't ban pets. The podcast was all set, edited and ready to go when the news came in so we plugged the mike back in, cranked up the recording software and had a chat about what this means to pets and by-laws in general in NSW and elswhere in Australia. You can also read an extensive commentary and find a link to the full news story HERE. After that, we go back to our original podcast which is on totally different subjects - websites and web designers. This chat was partly inspired by revamps of two websites that are very close to us - the OCN's new look and Sue's own website. We chat to Owners Corporation Network's Executive Officer Karen Stiles about what they were hoping to achieve in the revamp of OCN's website - accessibility, authority and clarity seem to be major factors. And then Sue tells us about her new book Healing Lives which was the impetus for giving her own website a major do-over - click on the link and see for yourself. All this plus James Comey, Donald Trump and JimmyT's obsession with bathroom sinks in this week's podcast. Listen Here Listening is by far the best way to enjoy the pod, but if you aren’t a podder, or are hearing impaired, you can read the transcript of this episode a little further down this page. However, be warned, it was transcribed by a computer in America – “by-laws" become "BIOS" – then edited by an an over-caffeinated Celt. We caught most of what was lost in translation, but this is an informal chat – with tangent, upon aside, upon lateral thought – that makes a Donald Trump speech read like Shakespeare.  But it's fun. Enjoy! Flat Chat 95: Transcribed Jimmy  00:00 We were just about to lock off this podcast and put it to bed for the week, when an amazing piece of news came in, what was it, Sue? Sue  00:10 Well, the long running battle over pets and apartments, it had gone through NCAT a couple of times in New South Wales, and then it had gone to the New South Wales Court of Appeal. And everybody expected that the Court of Appeal would say that it's okay for buildings to ban pets if they want to ban pets with their by-laws. But an extraordinary ruling on Monday, the court ruled that a blanket ban on pets is unconscionable, oppressive and harsh. And therefore no building should be allowed to have a blanket ban on pets Jimmy  00:43 So does that mean that it's any apartment block anywhere in Australia you can now take your pet in? Sue  00:51 In New South Wales, New South Wales everywhere you can take a pet in, which is quite incredible has turned everything on its head. And it really has I mean, lots of people are pretty upset. Lots of people are really happy. And as the dust settles, we'll see what's going to happen in the future. But really, now there's only one level of appeal left, and that's to the High Court of Australia, in Canberra. Jimmy And that would be really expensive to lodge an appeal to them. Sue Absolutely. So one would kind of imagine that is possible. This final ruling is it, at least for the time being because as we're talking on this podcast about the strata review that's happening, the strata law, it could well be that people will now lobby the New South Wales parliament to introduce new legislation to allow bylaws to ban pets. And that's always a possibility as well, whether Parliament want to get involved. So you'd have to be a specific law saying the rules for pets are different.

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers? If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732 Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers? If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732 Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

The NSW Court of Appeal recently found that media companies are liable for defamatory comments posted by users on their Facebook page in response to a non-defamatory news article. Defamation Law Expert, Steven Brown, outlines the possible ramifications for media and whether it might also mean that individuals could be liable for defamatory comments that other people write on their Facebook page.

In this final episode for 2019, Reena and I cover: smoking: who can suffering residents blame and what rights do tenants have?whether a committee has the power to waive interest on overdue leviesthe 3 months' notice strata managers are required to give, prior to the expiry of their contract, andthe NSW Court of Appeal's recent... The post 192. Smoking nuisance | committee waives interest on levies | defamation appeared first on Your Strata Property.

In this final episode for 2019, Reena and I cover: smoking: who can suffering residents blame and what rights do tenants have?whether a committee has the power to waive interest on overdue leviesthe 3 months' notice strata managers are required to give, prior to the expiry of their contract, andthe NSW Court of Appeal's recent... The post 192. Smoking nuisance | committee waives interest on levies | defamation appeared first on Your Strata Property.

This week, Helen Huang, discusses the recent NSW Court of Appeal decision of Bevan v Coolahan [2019] NSWCA 217. In particular, whether the driver owes the Plaintiff a duty of care where both the Plaintiff and the driver were on illicit drugs at the time of the accident.

The families of three Aboriginal Children killed in Bowraville nearly 30 years ago, have pledged to keep fighting after the NSW Court of Criminal Appeal rejected a bid for a retrial of the case.

The families of three Aboriginal Children killed in Bowraville nearly 30 years ago, have pledged to keep fighting after the NSW Court of Criminal Appeal rejected a bid for a retrial of the case.

This week we examine the NSW Court of Criminal Appeal refusing an application by the NSW Attorney-General to retry the person police suspect of killing three Aboriginal children in Bowraville between 1990 and 1991. Despite the incredible efforts of the children's families, they've been failed again. Their demands for justice and the failure for it to be delivered rests on the shoulders of the entire Australian community, as well as the police and politicians. So what has to be done to value Aboriginal lives.

Speaking on "The Glass Soldier - Stretcher Bearer and Artist'' – A Story of Courage, Adversity and Triumph. Don is a commercial lawyer, chartered accountant and director. He has qualifications in law, economics, accounting and finance. When at university he served five years in the Canberra Symphony Orchestra as trombonist. Don was a solicitor at Herbert Smith Freehills, then CFO for Comalco Smelting, an aluminium producer. Don is currently at the Melbourne bar specialising in energy and commercial law. He has been a co-founder of a renewable energy company which ultimately listed on the London Stock Exchange. He has written a leading text, The Law of Options and Other Pre-emptive Rights, which was recently endorsed by the NSW Court of Appeal. Don has chaired Women's Housing, a major NFP organisation dedicated to facilitating better housing options for disadvantaged women. He is currently a director of Wallara Australia, a major disability organisation, assisting some 600 disabled persons across Victoria. Don's abiding passions are his family, rugby, and classical music. In 2017, Don's new book, The Glass Soldier, was published by Big Sky Publishing. It tells the story of the life of his grandfather, Nelson Ferguson, a stretcher bearer in the Great War. It is a story of trauma, hope, miracles and triumph. Don will speak on the topics of the Great, war, Australia's involvement, disability, and recovery, through the lens of one of the countless great veterans of World War 1. His presentation will stir the soul.

It’s been six years since Michael Kirby retired from the High Court of Australia. An ordinary workday will still find him high above the Sydney law courts, padding through a cream-carpeted, book-lined office, mind furiously at work. Six stories below, workers escape their offices for appointments at the dentist, while across the road NSW politicians debate infrastructure and live tweet The Bachelor. Fiercely intelligent, formidably voiced but surprisingly open, Kirby moved through Australia’s late 20th century legal system with devastating ease. He was appointed to a series of senior judicial roles while still a young man, becoming the first chairman of the Australian Law Reform Commission and presiding over the NSW Court of Appeal. In 1996, he arrived at the High Court of Australia. Here, his genius was let loose and earned a reputation for high rates of dissent and a steadfast refusal to see Australian law as isolated from international precedent. Even after retiring, Kirby’s mind was deployed by the United Nations Human Rights Council to head the inquiry into human rights abuses in North Korea (2013-14). But when the robe and wig had been laid aside at the end of each day, he’d go home to his partner of forty years, Johan van Vloten. Their relationship became open public knowledge in 1999, and with it, Kirby the first openly gay high court judge. Fallible sat down with him to chat about secrets, mistakes, love and loss, and the “medieval hobgoblins” behind his illustrious career.