Sam Toman

Understand the new workplace right to disconnect in the context of lawyers and law firms, with Natasha Hannah Watch Natasha’s full presentation here: https://lnkd.in/g7eNnGhP

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Defamation is a legal concept recognised under the Defamation Act 1957 which aims to protect an individual’s reputation. This right is balanced against freedom of speech, allowing individuals to seek legal redress when defamatory content is published. It is trite that a statement can be considered defamatory if it has a tendency to lower, or adversely affect, a person's reputation; exposes a person to hatred, contempt or ridicule; causes him to be shunned or avoided or injures his reputation in the conduct of his trade or business or professional activity. Once the elements of defamation have been proven against the purported defamer, several legal defences may be wielded to escape liability. This alert by our associate Amiratu Al Amirat discusses the elements to establish the defences of justification, fair comment and qualified privilege. Read More : https://lnkd.in/gFRxNtsR #RDS #ReImaginingLegalSolutions

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The Court dismissed the plaintiff's application to set aside a Statutory Demand served by the defendant, finding there was no substantial injustice, and no basis for a genuine dispute or of an offsetting claim. Read more about Statutory Demand with David Collins here: https://lnkd.in/g6GHRSPt #StatutoryDemand #deficiency #genuinedispute

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A GUIDE TO FAMILY DISPUTE RESOLUTION FDR is a type of mediation. It’s used by separated couples to resolve parenting and/or property disputes. In our latest article, we explore the types of FDR available to parties in a family law dispute (both before and after court proceedings have commenced), the FDR process and commonly asked questions. https://bit.ly/4dQJ9sZ #familylawyers #propertysettlement #parentingmatters #fdr #familydisputeresolution #mediation

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OF LEAVE APPLICATION TO APPEAL TO THE FEDERAL COURT (Final part) The Defendants filed their application for leave to appeal, and the hearing before the Federal Court was fixed on 16.01.2024. To our surprise, the Defendants engaged a well-known counsel to argue their case this time around. Shortly before the proceeding started, the registrar made the announcement. The Coram would be: YAA Tun Tengku Maimun binti Tuan Mat, YA Dato' Sri Hasnah binti Dato’ Mohamed Hashim & YA Datuk Abdul Karim bin Abdul Jalil. My young team was abuzz with excitement & became a tad nervous with the said announcement. I was unruffled. That’s expected of a senior lawyer & besides, I need to show a good example to the team as future leaders. The entire journey was a part of their training & I hope they had learned a lot throughout the whole process. Back to the hearing, we faced a strong adversary & an equally indomitable coram. My head was racing fast on how to make my opening remark as pithy as possible in order to catch the judges’ wave. Steven’s "words of wisdom", rang in my head "Get in, Get Out & Get lost!" (excuse the expression). Hence, my opening speech was candid. Their application was a Non-Starter. The law for leave application is clear under s. 96 of CJA 1964 & the principles enunciated in the seminal case of Terengganu Forest haven’t changed. The questions posed by them were neither matters of public importance nor of real & significant interest. The issue on the legal status of unofficial directors arose again. The case of Dato’ Sri Mohd Najib Hj Abd Razak v PP put the matter at rest. In order to prove that a person is a shadow director according to the principles enunciated in Re Hydrodam, 4 elements need to be established:- (i) who the directors of the company are, whether de facto or de jure; (ii) that the accused directed or instructed those de jure or de facto directors how to act in relation to the company or that he was one of the persons who did so; (iii) that those directors acted according to such directions; and (iv) that they were accustomed so to act. We won. The Federal Court dismissed the application for leave with cost. In summation, forget your written submissions once the hearing begins. Do not make your oral presentation a commentary on your written submissions. Say things freshly so the judges listen to you rather than read. Simplicity is best. It has been a long journey for our client. They filed their claim in 2019, but Covid19 & MCOs happened shortly after. Finally, the litigation process on the liability part ended with the Federal Court’s decision. Justice has finally been served as far as our client is concerned. The case serves as a stern reminder that directors & employees must be mindful of their duties and responsibilities to their company & employers. Thank you for reading folks! Best regards, Mastura Ma'sud Partner, AP 29.04.2024 #APMondayLaw #appellateadvocacy #directorsduties #storytelling

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Going through a divorce or separation? Remember, it's a process that shouldn't be rushed to ensure the right outcomes. ✨ Having an experienced lawyer by your side can make all the difference in working towards the best possible results for you. 🤝 If you're navigating through family law matters, let's talk. Visit us at Collective Family Law Group. Visit our website for more info–https://bit.ly/3RIVVls #familylaw #familylaw #familylawyer #divorcetips #divorcesupport #divorcerecovery #goldcoast #brisbane

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Going through a divorce or separation? Remember, it's a process that shouldn't be rushed to ensure the right outcomes. ✨ Having an experienced lawyer by your side can make all the difference in working towards the best possible results for you. 🤝 If you're navigating through family law matters, let's talk. Visit us at Collective Family Law Group. Visit our website for more info– https://bit.ly/3RIVVls - - #familylaw #familylaw #familylawyer #divorcetips #divorcesupport #divorcerecovery #goldcoast #brisbane

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"They gave me the platform to fail, and make mistakes, and ask questions, and that's the best thing you can give anyone is the freedom to fail and learn." A key principle of success is the willingness to take risks, learn from failures, and persist through challenges. This is a truth that our Country Manager Brendan Smart is all too familiar with, and one that he speaks to in the recently launched People in Legal podcast. Take a listen to this episode to hear about Brendan's journey:

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Discover how to attract, develop and retain talented family lawyers here. It's a tough market for top talent, and these tips from finalists in the Lawyers Weekly 30 under 30 Family Lawyer of the Year Awards just might help. #Retention #Talent #Lawyers #FamilyLaw

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❓Is your law firm ready to thrive in the changing world❓ 💥 We offer a unique (re)purpose law course designed specifically for law firms and other legal entities. 💡Unlike our individual program, this course delves deeper, examining both your organisation’s internal structure and cultural landscape through a dual lens - Indigenous and Western perspectives. 🌿 (Re)purpose law is for your firm if: ▶️ You recognise the complexity of the global shift towards a net-zero, nature-positive, circular, and resilient economy. ▶️ You want to ensure your firm remains socially and commercially relevant in this evolving landscape. 🌿 We can tailor the program to your specific needs by: ▶️ Adjusting content and duration. ▶️ Choosing the most suitable delivery mode. ▶️ Facilitating discussions relevant to your organisation ❓Are you ready to embrace the future of law❓ 👇 Check out the comments below to learn more. Photo credit: Josiah Zacharias Design Credit: Lané Luyt #climatechange #biodiversityloss #lawyers #law #legalprofession #legal #lawyersforgood #sustainability #purpose

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Lawrence Stephens has secured a significant victory in RM V WP [2024] EWFC 191 (B) ­- a complex financial remedies case. The Central Family Court’s ruling has major implications for matrimonial property law. Co-Heads of Family, Eleanor Wood and Jim Richards played a pivotal role in achieving this outcome. This case highlights the importance of thorough case preparation and a deep understanding of asset division upon separation. #MatrimonialLaw #FamilyLaw #PropertyLaw #LandmarkRuling To read more, click here: https://lnkd.in/eUw2_gM4

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Legal Services Commissioner: If informal resolution attempts are unsuccessful, you can escalate the matter to the Legal Services Board (LSB) for investigation. The LSC has the authority to review legal costs and determine whether they are fair and reasonable. If you think you've been overcharged by your lawyer, call us today on 1800 529 462. #lawincheck #checkyourlegalfees #challengeyourlegalfees

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A decision in the case of Muller v Klosed Pty Ltd (from 2021) gives a good insight into how Victorian Courts assess personal injury compensation and the calculation of damages for injured workers where there is more than one defendant. In this case, apportionment of liability was determined for the employer as well as two further companies associated with the safety of equipment involved in the accident. In total, the Court awarded compensation to Mr Muller in the amount of $465,000. https://bit.ly/3v3lX7n #personalinjurylawyers #workerscompensation #workcoverclaim #commonlawclaim

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