Tag: Litigation

No doubt the Russian president, Vladimir Putin, is an avid student of history. Wherever it was that he learned it, he certainly seems to know that, in a tense game of Cold War diplomacy, the minacious art of brinkmanship can often be absolutely everything.
- Originally published by Ocean Road Magazine edition #45, Summer 2022. On the morning of Sunday, 13 August 1961, the citizens of the German capital, Berlin, awoke to an unfamiliar flurry of activity on their streets. During the night before, at the witching hour of midnight, under the orders of the East German Communist Party leader Walter Ulbrict, police and military units had begun sealing off the border between the Soviet-controlled east of the city and the west. By daylight, they had torn up the streets along the border, rendering them unusable, and lined them with barbed wire entanglements and fences that would ultimately stretch all along the 156 kilometres surrounding the three western sectors of the city.
In his massively successful, triple-platinum 2018 album "Astroworld," American rapper Travis Scott  got the party started with the high-charged rap anthem, ‘NO BYSTANDERS.’ It was an up-tempo call-to-arms, full of rage and rebellion. As it turns out, it may also have been a little prophetic.
In this day and age, virtually everyone has high quality audio-visual recording equipment right at their fingertips. Our ever-ready mobile phone can record and disseminate information worldwide with the click of one or two buttons. So it's perhaps no wonder so many get a little bit click-happy nowadays when they find themselves in the presence of the Thin Blue Line.
Some years ago I attended a breakfast at the Sheraton Hotel on the Gold Coast, at which the then highly-respected - and now much-maligned - Victoria Cross recipient, Ben Roberts-Smith, was the featured guest speaker. In his riveting address, Mr Roberts-Smith enthralled his audience with a detailed account of his service with the Australian Defence Force in Afghanistan, including the extraordinary events that saw him bestowed Australia’s highest award for valour and devotion to duty in the theatre of war. As anyone who has heard the war hero’s harrowing tale of combat and courage under fire could tell you, it’s a hell of a yarn. And boy, did he tell it well.
The effects of the COVID-19 pandemic have been vast, not least of all in the development of digital communication all around the globe. It is now the norm for enterprises large and small to go online, working from home, holding meetings virtually by Skype, or Zoom, or TeamViewer, and rarely, if ever, speaking with their colleagues face to face. It’s easier, cheaper, and far more convenient, and business leaders everywhere have heralded the virtual communication revolution as the brave new world.
On 25 February 2021, the Federal Senate passed the Treasury Laws Amendment (News Media and Digital Platforms Media Bargaining Code) Bill 2021, (“the Code”), a controversial new law requiring certain digital platforms to pay a negotiated fee to eligible Australian news media businesses for the use of their digital content. Whilst many have praised the Code for standing up to omnipotent tech companies in the noble pursuit of fair market practices, others, including the tech companies themselves, have accused Australia of trying to break the internet.
Between 1905 and 1970, generations of First Nations children were forcibly removed from their families, under a policy of so-called ‘protection.’ The 1995 Bringing Them Home report estimated that between ten and thirty-three per cent of all First Nations children were taken from their loved ones.
This week, as we paused to remember, on the 102nd Remembrance Day, those who fell in foreign fields to defend and preserve our liberties, hopefully we also reflected on a great deal more.
Is it just me, or are we maybe making things just a little more complicated than they really need to be? In the context of litigation, lawyers sometimes need to access and disclose copies of their clients’ financial and other records held by various government bodies. That means getting the client’s written authority to access their records, and then getting in touch with the relevant government institution. That should be pretty simple, right?
Perhaps not surprisingly, I've been deluged recently with enquiries from small business operators and commercial space landlords about rental relief in the time of COVID-19. For those affected, here's a quick snapshot of what's on offer.
Biologist, historian and futurist H G Wells, author of the sci-fi classic The War of the Worlds - a tale of alien invasion and annihilation by pathogen - once famously wrote “Adapt or perish, is nature’s inexorable imperative.” It could be very good advice in today’s troubled times.