In the media
Bar Association of Queensland elects first female
president - statement from Attorney-General Yvette D'Ath
The Honourable Yvette D'Ath congratulated Rebecca
Treston QC on being elected President of the Bar Association of
Queensland on Friday. Ms Treston was elected unopposed as the
Bar's first female President (02 November 2018).
More...
Landmark judgment strengthens patients' rights in
compulsory electroconvulsive treatment cases
The Supreme Court of Victoria has today made a landmark
decision that strengthens the rights of mental health patients who
are facing electroconvulsive treatment (ECT) or
'electro-shock treatment' against their will (01 November
2018).
More...
QLS welcomes opportunity to consult on human
rights
Queensland Law Society has welcomed the introduction of a
Human Rights Bill in Queensland Parliament, after having discussed
the proposal for a long time with lawyers on both sides of the
fence. Society President Ken Taylor said that a working group has
been formed to review the Bill and make relevant submissions (31
October 2018).
More...
The ABA rejects the recent analysis of Federal Court
judges' productivity
The Australian Bar Association (ABA) is
concerned by recent attacks on Federal Court of Australia
judges' productivity which portrays the process of justice in
too simplistic terms (30 October 2018).
More...
In practice and courts
Queensland
QLS: You're invited to provide feedback –
legal policy reform
Practitioners are invited to provide feedback as QLS
policy committees prepare submissions for reviews of: (1) credit
and financial services that target Australians who are at risk of
financial hardship and (2) IP Australia Indigenous Knowledge
Consultation.
More...
First reading: QLS legal policy blog
Our latest articles include:
Road to redress: how the Nation Redress Scheme in Queensland
has developed over the last six years
OIC Queensland: Privacy Impact Assessment workshop
– 26 November 2018
Participants will work through a hypothetical proposed new
program that has significant privacy implications, with a focus on
three elements: mapping personal information flows, identifying
applicable privacy principles and ensuring compliance with the
privacy principles.
More...
Published - articles, papers, reports
The children's report
Freyana Irani, Amy Lamoin, Krista Lee-Jones; Australian
Child Rights Taskforce: 01 November 2018
In this integrated report, the views of children and young people
across Australia sit in close association with the contributions of
93 non-government organisations (NGOs) and subject
matter experts committed to improving the protection, promotion and
fulfilment of the rights of all children and young people in
Australia. More...
Notifiable Data Breaches Quarterly Statistics Report: 1
July – 30 September 2018
Office of the Australian Information Commissioner: 30
October 2018
The quarterly statistics report on the Notifiable Data Breaches
(NDB) scheme indicates 57 per cent of incidents
were caused by malicious or criminal attack, and 37 per cent
resulted from human error. 20 per cent of data breaches over the
quarter occurred when personal information was sent to the wrong
recipient, by email, mail, fax or other means. The report can be
found here.
Australian Tribunals and Alternative Dispute Resolution:
A Procedural Justice Perspective
Therese MacDermott, Denise Meyerson (2018) 37(4) Civil
Justice Quarterly 443
This article explores the meaning of the concept of procedural
justice in the context of the alternative dispute resolution
(ADR) procedures of tribunals. It argues that
procedural justice should be regarded as informing such procedures,
and this can be achieved not simply by transposing the legal rules
of procedural fairness as they are currently constructed, but by
viewing these procedures through the lens of relational
factors.
Cases
Aurizon Network Pty Ltd v Queensland Competition Authority
& Ors (No 2) [2018] QSC 250
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT
– PARTIAL SUCCESS – where second respondents
unsuccessful in opposing extension of time but successful in
outcome of proceeding – where opposition to extension of time
was significant part of submissions of second respondents –
whether costs should be discounted.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND
EVIDENCE – COSTS – where second respondents joined
under Judicial Review Act 1991 (Qld) s 28 – whether
second respondents to be characterised as intervenors –
whether second respondents should have their costs – whether
costs should be discounted.
Mirvac Queensland Pty Ltd v Chief Executive, Department of
Aboriginal and Torres Strait Islander Partnerships
[2018] QSC 248
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – ERROR OF LAW – where the applicant is
developing a residential subdivision development project –
where the Aboriginal Cultural Heritage Act 2003 (Qld)
(ACHA) imposes on the applicant a cultural
heritage duty of care – where the applicant developed and
sought approval of a cultural heritage management plan under the
Act – where the applicant applies for judicial review of the
respondent's decision on the grounds that it involved a number
of errors of law – whether the respondent erred in law
– whether the respondent's decision should be quashed or
set aside – whether the respondent should be required to
approve the applicant's cultural heritage management plan
pursuant to s 107(3) of the ACHA.
Aurizon Network Pty Ltd v Queensland Competition Authority
& Ors [2018] QSC
246
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – PROCEDURAL FAIRNESS – BIAS
– APPREHENSION OF BIAS – where draft decision made on
draft access undertaking under Queensland Competition Authority
Act 1997 (Qld) in relation to central Queensland coal network
rail infrastructure – where chair of authority about to be
appointed chair of Port of Newcastle – where Port of
Newcastle might benefit from reduction in throughput of central
Queensland coal network rail infrastructure – where
investigation being conducted and draft decision issued
–where application for judicial review for apprehended bias
– where applicants submit that interest in appointment as
chair of Port of Newcastle might cause the fair-minded lay observer
to reasonably apprehend that the authority might not bring an
impartial mind to the conduct of the investigation of the draft
access undertaking and 'decision' to issue the draft
decision – whether hypothetical lay observer is taken to be
aware of certain facts – whether facts known to hypothetical
lay observer give rise to apprehension of bias TRADE AND COMMERCE
– COMPETITION, FAIR TRADING AND CONSUMER PROTECTION
LEGISLATION – SUPERVISION – OTHER BODIES.
Yeeha Tours and Holidays Pty Ltd v Department of National
Parks, Sport and Racing [2018] QCAT
345
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
decision made refusing a permit – where external review of
decision sought - whether permit should be granted and original
decision set aside.
ENVIRONMENT AND PLANNING – PARKS AND RESERVES –
REGULATION OF ACTIVITIES WITHIN PARKS AND RESERVES – where
permit sought to operate scenic flights within declared recreation
area – where aircraft activities already occur –
whether permit should be granted – whether proposed operation
satisfactorily manages environmental and safety risks.
Legislation
Commonwealth
Regulation
High
Court of Australia (Fees) Amendment Regulations
2018
29/10/2018 - These regulations make consequential
amendments to the High Court of Australia (Fees) Regulation 2012
following the High Court Amendment (Constitutional Writs and Other
Matters) Rules 2018.
Queensland
Bills
Civil Liability (Institutional Child Abuse) Amendment Bill
2018
Introduced into the Legislative Assembly on 31 October
2018.The objective of the bill, as referred to in
the introductory speech is to amend the Civil Liability Act
2003, the Limitation of Actions Act 1974 and the
Personal Injuries Proceedings Act 2002 in order to implement
recommendations 89 to 94 of the Redress and civil litigation report
of the Royal Commission into Institutional Responses to Child
Sexual Abuse.
Human Rights Bill 2018
Introduced into the Legislative Assembly on 31 October
2018.The objectives of the bill, as referred to in
the explanatory notes, are to: establish and consolidate statutory
protections for certain human rights; promote a dialogue about the
nature, meaning and scope of human rights; rename and empower the
Anti-Discrimination Commissioner Queensland as the Queensland Human
Rights Commission.
Crime and Corruption and Other Legislation Amendment Bill
2018
Introduced into the Legislative Assembly 15 February 2018
The objectives of the bill are to:give effect to the
Government's election commitment to widen the definition of
'corrupt conduct', and implement recommendations of the
Parliamentary Crime and Corruption Committee Reports. The bill was
passed with amendment on 1 November 2018.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
