When Formal Control Isn’t Real Control: Lessons from Bywater for Modern Clients
The High Court’s decision in Bywater shows that real control sits with the person who actually makes the decisions. Many clients face the same risk when a single lawyer controls both strategy and trust funds. Clean Law’s escrow model returns practical control to the client, with independent oversight and no shared incentives.
When Power Meets Fairness: Why House v R Still Governs Good Judgment
Sentencing discretion is one of the quiet engines of fairness in Australian law. House v R (1936) remains the compass: it tells courts when to intervene, and shows businesses today why documented reasoning, proportional decisions and transparent processes matter more than ever.