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Opinion is a blog on a host of legal issues, analysis and the state of the law of broad interest and relevance to our members.

The views and opinions expressed in this article are the authors and do not necessarily represent the views and opinions of the Australian Lawyers Alliance.

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4/06/2026

Grief v process: A 20–year reflection on fatal accident claims

‘When the worst day of their life becomes a file, it is the greatest privilege to be trusted inside that moment.’ Claire Gibbs of Attwood Marshall shares her perspective – and identifies a possible way to reduce the load on bereaved families.
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19/05/2026

The Voice campaign entrenched immature politics. We must do better for First Nations people

Geoff Scott, a Wiradjuri man with 30+ years’ experience in Aboriginal Affairs, shares an extract from The Failure of the Voice Referendum and the Future of Australian Democracy, providing insight and food for thought in Reconciliation Week.
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19/05/2026

Sovereign citizen gobbledygook never wins

Geoff Baldwin of Stacks Champion looks into the world of sovereign citizens – their attempted use of ‘pseudolaw’, their impact on court efficiency and the threat to the safety of the judiciary and police officers.
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12/05/2026

Can a non-delegable duty of care extend to the participants of reality TV?

Travis Schultz & Partners lawyer Isabella Blunt, with co-author Caitlyn Ryan, Administration Assistant and Bachelor of Psychology student, consider the question and seek an answer through legal and psychological analysis.
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7/05/2026

Motorcyclist not mostly at fault

A car driving erratically, an overtaking motorcyclist, independent witnesses, and a question of ‘mostly at fault’. Charlotte Walters of the Law Office of Conrad Curry examines the Personal Injury Commission’s decision in Arnott v Allianz.
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30/04/2026

Was the driver to blame for the police officer’s PTSD? Which case won?

‘I comforted him and I watched him die.’ A fatal traffic accident, PTSD and a question over duty of care owed by the driver to the police officer. Chris Clarke of Stacks Law sets out the case for both parties and details the outcome.
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23/04/2026

E‑scooters and brain injury: The safety gap we need to close

Brain Injury Awareness month in March led Sarah Grace, Special Counsel and Brisbane Leader at Travis Schultz & Partners, to review the rising injury toll and ask whether safety frameworks are keeping pace with personal mobility technology.
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16/04/2026

Gen AI and legal privilege: lessons for Australian organisations from US v Heppner

An examination of the findings from a recent US case and their possible relevance to potential AI-specific legal privilege issues here, courtesy of Robert Johnston, Robert Wyld, Brendan Donohue, and Jan Hards, Johnson Winter Slattery.
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7/04/2026

Impact on photography of new laws on ‘serious invasions of privacy’

Geoff Baldwin of Stacks Champion returns to Opinion with his latest photography update, this time taking a detailed look at how, if at all, it’s affected by an amendment to the Privacy Act and/or Waller v Barrett.
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26/03/2026

Access to sport in schools – are the risks just too high?

Karla Macpherson looks at how high teachers should have to jump to keep students safe.
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19/03/2026

Roadblock for traffic injury compensation for Aboriginal and Torres Strait Islander peoples

This Flinders University study identifies barriers for Aboriginal and Torres Strait Islander claimants, echoing those raised by non-Indigenous claimants but compounded by the undermining of cultural values and experiences of systemic racism.
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12/03/2026

When the game follows you home: concussion litigation and its place in Qld personal injury

John Connellan, Travis Schultz & Partners, explores to what extent Queensland sporting organisations should be legally responsible for the prevention, documentation and management of concussion-related risks.
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5/03/2026

Putting the Personal back into Personal Injury–Why skills that matter most are ones we rarely teach

Following his well-received presentation at Queensland Conference, Jeremy Roche, founder and MD of Gain Lawyers explains why communication, responsiveness and client understanding are vital skills for personal injury lawyers.
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26/02/2026

Trans athlete wins battle for APVO following online abuse by cyberbully

Playing a team sport can positively connect LGBTQ+ individuals with their local community – but not when it engenders abuse. Courtney Fermor of Stacks Law Firm considers this instance of a transgender soccer player seeking protection.
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19/02/2026

When you look at the bigger picture, the solution to ACT's systemic racism is obvious

The ALA thanks Amy Burr, Director at Blumers Lawyers, for raising this article outlining the lack of progress addressing systemic racism in the ACT. It ran in The Canberra Times in November 2025 and is republished here with their permission.
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12/02/2026

Law tightens on Botox, no-one looks surprised

Justin Stack at Stacks Law Firm examines the recent new regulations that emphasise patient welfare above commercial interests.
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5/02/2026

Why education is the key to transforming the WorkCover statutory journey in Queensland

Sarah Grace, Special Counsel and Brisbane Leader at Travis Schultz & Partners, explains how timely education intervention resolves issues and improves outcomes for all – injured workers, employers, and personal injury solicitors.
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29/01/2026

Construction site accidents and injured workers

The number of construction site fatalities in NSW increased in 2024. Phil Griffin of Stacks Law Firm looks at the relevant legislation, penalties for negligent employers, the claims process, and compensation entitlements.
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22/01/2026

USA Department of Transportation Tarmac Delay and Compensation Schemes - Part 2

Peter Stapleton continues his examination of the regulatory framework and enforcement record of the US Department of Transportations' tarmac delay and compensation schemes, with a focus on the new US refund regime and the Australian reform pathway.
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17/12/2025

The Reshaping of Personal Injury Litigation: Reflections from 2025

John Connellan of Travis Schultz & Partners looks back on momentous developments in Queensland and national personal injury law during 2025.
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27/11/2025

'I developed an infection after surgery because the hospital was negligent.'

A patient sues the hospital. Which case won? Sally Gleeson of Stacks Law delivers the facts, sets out the case for both parties, and details the outcome.
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20/11/2025

Teacher Liability: How far does it go?

Beth Rolton, Partner at Travis Schultz & Partners, considers the implications for teachers and school administrators following the Court of Appeal decision in State of New South Wales v T2 (by his tutor T1) [2025] NSWCA 165.
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13/11/2025

'It wasn't negligent driving. I had to swerve to avoid an unidentified vehicle'

Which case won? Justin Stack of Stacks Law Firm explores a situation where there was competing testimonial evidence regarding the involvement of an unidentified black vehicle in a traffic accident on a dark and rainy day.
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6/11/2025

Civil Liability Reform: When crying poor comes with a $6 billion smile

Insurers say they are suffering financially. The Insurance Council proposes recommendations that would significantly wind back the rights of injured Australians. Sarah Grace examines the numbers and makes her opinion very clear.
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30/10/2025

AI in healthcare: How digital scribes could rewrite medical negligence law in Australia

With nearly one in four Australian GPs using AI scribes, Ric Traini examines some of the pros and cons for patients and doctors - and asks if medneg cases in the future may need to rely on technology experts rather than medical arguments.
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23/10/2025

Suing by pseudonym – is the bar too high?

Travis Schultz examines the fundamental principle of open justice and questions whether the level of suppression adequately protects the dignity and reputation of vulnerable plaintiffs from public scrutiny and online vitriol.
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16/10/2025

CFA Regulations review falls short on fair compensation access for volunteers

Suggested changes to the CFA compensation scheme were not included. Isabella Thomas considers the new Regulations and the areas where volunteer firefighters suffering a physical or mental injury are likely to be negatively impacted.
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9/10/2025

Queensland’s gig worker protections: A step forward but not far enough

Legislative change, administrative reform, stakeholder engagement and potential financial impacts. Sarah Grace examines them all and details the next steps to provide a robust safety net and properly protect this vulnerable workforce.
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2/10/2025

Calls to improve amendments to NSW Workers Compensation Bill

Krystal Parisis, Special Counsel at Stacks Goudkamp, reviews the amended Bill and highlights the unfairness of introducing complex changes for vulnerable people while restricting their access to legal advice.
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25/09/2025

Federal Court grants women the right to trial following harrowing experience in Qatar

Almost five years after the incident, Jemma Barnard, Partner at Travis Schultz & Partners, looks into the detail of the recent Federal Court ruling and considers the possible outcomes and implications for future travellers.
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18/09/2025

Queensland’s Costs Threshold: Deterring minor claims or denying justice?

ALA Queensland President Peter Gibson identifies a fairness dilemma, and queries whether a policy introduced in a time of crisis two decades ago is restricting access to justice for certain injured people.
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11/09/2025

Case Summary: Stewart v Metro North Hospital and Health Service

Barrister and ALA South Australian Director Sarah Vinall considers this pivotal High Court decision for catastrophically injured plaintiffs.
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4/09/2025

Case Summary: Lundbergs v Fu & Anor [2025] QSC 135

Michael Callow takes us through a case involving issues of reasonable foreseeability, the extent of the first defendant’s duty of care, and nervous shock causation, resulting in an unsuccessful claim for psychiatric injury damages.
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28/08/2025

Financial support for abuse survivors - a privilege and a responsibility

Andy Reynolds and the team at EFS Advice were engaged to work with over 100 settlement recipients from an abuse class action. He shares key learnings from the experience and highlights critical strategies to safeguard their financial future.
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14/08/2025

Will criminalising deepfake images and videos protect women and girls?

Complementing the theme of the latest Precedent – Abuse law and trauma – David Lewis of Law Partners explores what Australian law is in place to address the ‘fastest-growing threat to women and girls today’.
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7/08/2025

Friday 8 August is International Allyship Day

Australia's first International Allyship Day was 2023 but Carla Rogers and Aunty Munya Andrews started their mission 15 years earlier. They explain why Allyship is so important for reconciliation – and why it's like doing the dishes.
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24/07/2025

How adjustment to injury counselling can leave workers shortchanged

Jonathon Wright considers the potential outcomes when an injured worker receiving adjustment to injury counselling equates that with approval for a psychological injury to be included in their ongoing WorkCover claim.
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17/07/2025

'Twenty pegs wouldn't have done it.' Questions posed by the Tasmanian jumping castle accident

Geoff Baldwin of Stacks Champion provides insight into the application of long-established work and safety laws to a tragic event involving a jumping castle and a dust devil – and the risk of death and injury.
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3/07/2025

Exposure to toxic chemicals increases cancer risk for firefighters

NSW firefighters face a higher cancer risk than the general population and have special avenues open for them to claim workers compensation entitlements. Krystal Parisis, Special Counsel at Stacks Goudkamp, explains.
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19/06/2025

Photography, privacy and copyright infringement

Geoff Baldwin wrote on photography and the law in 2019 – the ALA’s most popular Opinion, with 100,000+ views. Now he updates us on several legal aspects, and considers the criticism that the law does not keep up with societal changes.
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12/06/2025

Case summary: De Martin & Gasparini Pty Ltd v Bartlett (No 2) [2025] NSWCA 95

Jemma Barnard of Travis Schultz & Partners looks at the follow-on from DMG's appeal against a judgement in an amount exceeding $2.5m in April. The outstanding issue in dispute is in respect to the parties' costs of that appeal.
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29/05/2025

What does it really mean to be Welcomed to Country

Carla Rogers, with Aunty Munya Andrews, runs award-winning cultural awareness and allyship training company Evolve. In this Opinion, they provide insight on Welcome to Country, and encourage Allies to help dispel misinformation.
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15/05/2025

Case summary: Huon Aquaculture Pty Ltd v KM [2025] TASCAT 73

Isabella Blunt of Travis Schultz & Partners takes a look at a case involving a lack of informed consent at a worker’s independent medical review, and the physician’s report not being accepted into evidence.
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8/05/2025

Culture and Law Moots – paving the way to a more inclusive profession

Olamide Kowalik, Special Counsel at Revolution Law and Tilé Imo, lawyer, are two of the organisers of this highly successful moot. We asked them how it came into being, its purpose, and its effect on participants and the wider legal profession.
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1/05/2025

Self-represented CTP claimants v insurers: An unfair battle

CTP insurers are encouraging injured road users to lodge claims directly. The number of self-representing claimants is increasing. Greg Spinda, Partner at Travis Schultz & Partners, shows why that choice is not in an injured person’s best interests.
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17/04/2025

Employer found negligent for causing psychiatric injury during demotion

It's rare for Queensland courts to award damages in cases of psychiatric injury at work but Anna Morgan, Director of Take Control Legal, thinks this landscape might be changing.
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8/04/2025

Carleton v National Spiritual Assembly of the Baha'is of Australia Incorporated [2025] TASSC 11

Trent Johnson, Partner at Travis Schultz & Partners, walks us through a case summary covering a single misstep, and considers civil liability legislation, risk and avoidability and the issue of contributory negligence along the way.
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27/03/2025

Who was to blame for a drunken motorcycle accident? Which case won?

Phil Griffin of Stacks Law Firm considers a case involving a night of heavy drinking for two friends, followed by them riding unregistered trail bikes on a public road, and resulting in an early morning collision.
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13/03/2025

Hiding behind the HOA and the National Law to avoid disclosure under PIPA

Sally Asoyo of McInnes Wilson Lawyers explains why limited disclosure undermines the fundamental purpose of the Personal Injuries Proceedings Act 2002 (Qld)
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6/03/2025

Wahala Thantrige v Workers’ Compensation Regulator [2025] QIRC 003

An injury not initially reported with a query over causation that on appeal is acknowledged as a consequence of a workplace accident. Aiden Warneke of Travis Schultz & Partners explains.
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