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22.01.2022 As you may know, uploading defamatory comments on social media could land you in court. But what if you share, like, or otherwise endorse someone else’s defamatory comment? Would this be enough to get you in trouble? The answer is it depends: Generally, you could be liable if you draw someone’s attention to a defamatory post and endorse it in some way. So, merely liking the post is unlikely to be enough to make you responsible; only if, once you’ve liked or commented on the p...ost it then appears in other people’s feeds, could it be said that you’ve ‘drawn people’s attention to it’. This must be proved by evidence, however, which may be difficult if you’ve merely liked the post, but less difficult if you’ve commented on the post and others have responded to your comment. In any case, it is best to exercise reasonable diligence before liking, sharing, or commenting on anything that seems defamatory.

19.01.2022 Richard Mitry joined Angela Vithoulkas on the latest episode of SME TV for a discussion about the Commercial Tenancies Mandatory Code. You can view the full discussion here: https://www.youtube.com/watch?v=8qfmmZXflmY

11.01.2022 Can children be liable for crime? In NSW, and elsewhere in Australia, the minimum age of criminal responsibility is 10 years, meaning children aged as young as 10 can be held criminally responsible for a criminal offence and may, depending on the seriousness of the crime, have a conviction recorded against their name. It is presumed that children aged between 10 and 14 are incapable of forming criminal intention, but this presumption, known as doli incapax, can be refuted b...y proof that the child knew his or her conduct to be wrong. For context, Australia has one of the lowest ages of criminal responsibility of any country: For example, the age of responsibility is 12 years in Canada, Scotland, and the Netherlands, and 15 years in Sweden, Finland, and Norway. By comparison, in Australia, as in England and Wales and Northern Ireland, it is 10 years. In Australia, therefore, children above 10 are deemed competent to decide whether an act is right or wrong, legal or illegal. Does this seem correct to you, or do you side with groups such as Amnesty International, and others, who’ve petitioned the government to raise the minimum age of criminal responsibility to 14 to their mind a more appropriate age for holding someone criminally liable? If you’d like more background, this Lawyers Weekly article details a recent development in the push to increase Australia’s minimum age of criminal responsibility:

06.01.2022 A stellar effort by Afifi and Nooshin from our property team who have, on this final working day of the year, exchanged contracts for more than $40 million worth of real estate in Sydney! The Mitry team wish you all a joyful, and safe, holiday season to bring in a brilliant 2021.

03.01.2022 KIIS 1065’s Kyle & Jackie O breaches decency standards: The Australian Communications and Media Authority has found that Kyle Sandilands against whom Rick Mitry and James El-Jalkh of Mitry Lawyers have instituted proceedings for his vile comments about the Virgin Mary breached the standards of decency contained within the Commercial Radio Code of Practice. The case against Sandilands continues in the Canberra Civil and Administrative Tribunal, regarding the claim that San...dilands was in breach of rules relating to inciting hatred of religion. https://www.acma.gov.au//kiis-1065s-kyle-jackie-o-breaches

01.01.2022 Does a person operating a drone have a right to fly it over your home in order to take a photo or a video of you? You might think this would be a breach of privacy as your image has been captured without you being notified or consenting. But surprisingly, the law does not explicitly prohibit it: The Privacy Act is where one would ordinarily go to see if there has been an unlawful breach of privacy. But the Act does not apply to surreptitious recordings obtained by private ind...ividuals (such as people operating drones for recreational use), only to those obtained by government agencies and businesses with an annual turnover of more than $3 million. Other laws such as those that criminalise stalking, trespass to property, and other forms of surveillance may afford you protection in certain situations; so too drone safety rules which do not allow drones to be flown directly above anybody. But there are no current laws explicitly prohibiting private drone users from recording private activity without consent.