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Harmonising Sexual Consent Law in Australia: Goals, Risks and Challenges - Guzyal Hill, Jonathan Crowe
“The 2021 Australian of the Year, Grace Tame, sought to persuade ‘all governments across Australia to adopt the same definitions of consent, grooming, the age of a child, and sexual intercourse’. However, sexual consent law harmonisation in Australia faces formidable obstacles. We argue that an affirmative consent standard represents the appropriate goal of harmonisation, while potential risks include levelling-down reforms and undermining the role of competitive federalism. We identify four main obstacles to legal harmonisation, including strong advocacy coalitions, jurisdictional differences, historical failures and political disincentives. We conclude these obstacles do not mean harmonisation is undesirable or impossible, but it would require prolonged attention, resources and political will, as well as a nuanced understanding of the difficulties involved.”
Recent changes to the Legal Profession Uniform Solicitors’ Conduct Rules 2015 removed solicitors’ discretion to not act in cases in which they may be called to give evidence.
Ordinarily, a solicitor who has not disclosed costs to a client, as required by the Uniform Law, may not commence proceedings to recover those costs until after the costs have been assessed, or a costs dispute is determined by the local regulatory authority. However, the NSWCA has decided a party who recovers party/party costs on the basis it is liable for solicitor-billed costs cannot resile from that position later, even if the solicitor has not disclosed those costs.
A recent NSW Court of Appeal decision has fundamentally altered legal liability in NSW in almost every design and building case.
In construction cases, this means the effective death of proportionate liability in NSW, although leave to appeal to the High Court has been granted.
“The magistrates will commence wearing judicial robes from Monday, 6 May 2024.”
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