In the media
LCA: Australian Security Intelligence Organisation
Amendment Bill 2020
The Law Council made a comprehensive written submission to
the Committee, with the valuable input of its constituent bodies
and advisory committees. The submission identified numerous
elements of the Bill that were not necessary for, or proportionate
to, a legitimate national security-related objective (17 July
2020).
More...
National Roundtable on Addressing Sexual Harassment in
the Legal Profession
Following informative and practical discussions,
participants agreed on certain proposals for further consideration
and advancement by the Law Council in consultation with its
constituent bodies and the relevant stakeholders outlined here (17
July 2020).
More...
Wanted Victorian man arrested and fined over SA border
checkpoint breach
A Victorian man who had an outstanding warrant against him
is arrested and fined after crossing the border into SA without
passing through a coronavirus checkpoint (17 July 2020).
More...
Federal Parliament to be cancelled amid growing
interstate COVID-19 outbreaks
The next sitting of Federal Parliament will be cancelled
because of the risk of coronavirus transmission as cases rise in
NSW and Victoria. Parliament was going to sit for a fortnight from
August 4 but the next sitting week, in which the government can
pass legislation and the opposition can scrutinise its agenda, will
now be from August 24 (18 July 2020).
More...
ASIC reveals fraud charges against Clive Palmer relate
to millions transferred to PUP
Businessman Clive Palmer faces fraud charges over the
multi-million-dollar bankrolling of his political party during his
successful 2013 campaign to enter Federal Parliament (17 July
2020).
More...
Retrial for former deputy principal accused of sexually
abusing teenager
Kenneth Ralph Ernst, who was jailed last September, is
awarded a retrial by the Queensland Supreme Court because of what
it describes as a "gross investigative failure" by police
(17 July 2020).
More...
ACMA moves to block more illegal gambling websites
The ACMA is set to request Australian internet service
providers (ISPs) to block more illegal offshore gambling websites.
ACMA has received over 35 complaints about these services that are
accessible in Australia. ACMA investigations found them to be
operating in breach of the Act 2001 (17 July 2020).
More...
'Political games': Opposition refers Jackie Trad
to corruption watchdog for the third time
It's the third referral to the Crime and Corruption
Commission in less than 12 months for the former deputy premier and
treasurer, this time over alleged problems with the selection of
her former under treasurer (16 July 2020).
More...
Travellers from hotspots who lie on Queensland border
declaration can now be jailed
Queensland Parliament passes a bill meaning travellers
from coronavirus hotspots caught lying on border declarations upon
entry into the state can now be jailed for up to six months (16
July 2020).
More...
Content agency content with pandemic
GovCMS, the Government website hosting and content
management system, has reported record numbers of visits at the
height of the COVID-19 pandemic as Australians accessed critical
information online to protect their health and safety (13 July
2020).
More...
Archives to post freed palace letters
Director-General of the National Archives, David Fricker
said all the letters would be released without exemption."In
line with the High Court ruling of 29 May, the National Archives
has examined the records for public release under the provisions of
the Archives Act 1983 (13 July 2020).
More...
Aged care benefits from seniors' moments
The Aged Care Quality and Safety Commission is actively
contacting the providers of residential aged care services in
Victoria to ensure they're managing the new and increased risks
of the State's current COVID-19 outbreak (13 July 2020).
More...
Queensland university student Drew Pavlou's
suspension upheld by appeals committee
The University of Queensland's senate discipline
appeals committee advises Drew Pavlou it is upholding a six-month
suspension against him for his role in anti-China protests on
campus, but had found him not guilty of 13 out of 18 misconduct
allegations (13 July 2020).
More...
Queensland solar provider Green Sales given $50,400
penalty
Queensland based solar panel provider Green Sales Pty Ltd
has accepted an infringement notice of $50,400 given by the ACMA
for breaching telemarketing rules. An ACMA investigation found that
between October 2017 and March 2019 Green Sales made more than
340,000 calls without consent to numbers listed on Australia's
Do Not Call Register (10 July 2020).
More...
OAIC and UK's ICO open joint investigation into
Clearview AI Inc.
The OAIC and the UK's Information Commissioner's
Office (ICO) have opened a joint investigation into the personal
information handling practices of Clearview AI Inc., focusing on
the company's use of 'scraped' data and biometrics of
individuals (09 July 2020).
More...
LCA: Law Council concerned government amendments to the
ASIO Act are an overreach
Australia needs to maintain security laws that do not
extend further than is necessary to respond to the security threats
they are designed to thwart, says the Law Council of Australia. Law
Council of Australia, President Ms Pauline Wright, reiterated calls
for the design of intrusive and coercive powers to remain
proportionate (10 July 2020).
More...
AHRC: Commission warns of ASIO Bill overreach
The Australian Human Rights Commission says the Bill would
simultaneously expand ASIO's questioning powers while limiting
oversight of those powers, including by limiting the subject's
right to legal representation during questioning and enabling
prescribed authorities to remove, at their discretion, a lawyer
deemed to be 'unduly disrupting' questioning (09 July
2020).
More...
Independent National Security Legislation monitor report
tabled
A review of the Telecommunications and other Legislation
Amendment (Assistance & Access) Act 2018 has been tabled in
Parliament (09 July 2020).
More...
New Independent National Security Legislation
monitor
Attorney-General Christian Porter announced that Mr Grant
Donaldson SC would be appointed Australia's acting Independent
National Security Legislation Monitor (INSLM) (08 July 2020).
More...
Government website platform stands up under COVID-19
pressure
GovCMS, the government website hosting and content
management system, saw record numbers of visits on the platform at
the height of the COVID-19 pandemic as Australians accessed
critical online information to protect their health and safety (09
July 2020).
More...
Brokerage chairman sues A Current Affair
Chairman of Sydney-based GSA Insurance Brokers and former
Liberal Party leader John Hewson is suing Channel 9 for damages
over an episode of A Current Affair which he says was defamatory
and inaccurate (07 July 2020).
More...
Department failed to pass on prison killing information,
court told before NCA bombing trial
Lawyers for the man accused of the 1994 bombing of the
National Crime Authority in Adelaide say they are
"gobsmacked" that Correctional Services failed to pass on
information about a key witness (07 July 2020).
More...
Finding a path towards justice
The Government is currently considering justice targets as
part of a refresh of closing the gap. Given the renewed focus on
addressing the over-incarceration Aboriginal and Torres Strait
Islander people, it is timely to consider the nature of the
problems in detail and the solutions the ALRC identified (07 July
2020).
More...
New Magistrates appointed
Attorney-General and Minister for Justice Yvette D'Ath
has announced the appointment of three new magistrates for
Queensland. The new magistrates are: Kenneth Taylor (appointed to
Townsville Magistrates Court), Grace Kahlert (appointed to
Southport Magistrates Court), Kathleen Payne (appointed to
Southport Magistrates Court) (09 July 2020).
More...
Dispute resolution scholarships awarded
Four outstanding community-minded Queenslanders will be
able to expand their expertise to include dispute resolution after
being presented with scholarships today by Attorney-General and
Minister for Justice Yvette D'Ath (10 July 2020).
More...
In practice and courts
ACMA position paper: Misinformation and news quality on
digital platforms in Australia
A position paper to guide code development—includes
a model code framework for consideration, including objectives and
outcomes to be achieved for the benefit of Australian users of
digital platforms. The ACMA anticipates to have in place a single,
industry-wide code by December 2020. The position paper,
Misinformation and news quality on digital platforms in Australia -
A position paper to guide code development has been published
on the ACMA website.
Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability
The Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability is
seeking submissions in relation to its
terms of reference. QLS is currently focussing on the
Rights and Attitudes,
Education and Learning,
Employment,
First Nations People with Disability and
Emergency Planning and Response Issues Papers. Member feedback is welcomed by
8 July.
New Law Council of Australia Guidelines - Equitable
briefing policy
The Law Council's portal for the annual reporting by
Equitable Briefing Policy adoptees (Policy adoptees) will soon open
on 1 July 2020. To assist in this process, the Law Council has
updated its Equitable Briefing Policy
Reporting Template and Guidelines in response to feedback from
previous reporting periods. Policy adoptees have until 30 September
2020 to provide their annual report, and will be updated once the
portal is opened on 1 July 2020.
Annual Federal Courts and Tribunals Fee Increases from 1
July 2020 - Amended Notice
The Commonwealth Attorney-General's Department has
advised that, due to a number of small errors identified in the
Annual Federal Courts and Tribunals Fee Increases Gazette Notice
published on 9 June 2020, an amended notice has been published in
the Government Notices Gazette on 29 June 2020 setting out the new
fees payable from 1 July 2020. View the amended notice
.
Intelligence and Security Legislation Amendment
(Implementing Independent Intelligence Review) Bill 2020
The Parliamentary Joint Committee on Intelligence and
Security is calling for submissions on the Intelligence and
Security Legislation Amendment (Implementing Independent
Intelligence Review) Bill 2020. Further information on the bill can
be found
here. On 23 March 2020 the Senate extended the committee's
reporting date to 14 October 2020.
Australian Bushfires Disaster Emergency Declaration
— Understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the Privacy
Act 1988 (Cth) (Privacy Act). The emergency declaration was made in
response to bushfires in Australia resulting in death, injury and
property damage occurring from August 2019 into 2020.The emergency
declaration expires on 20 January 2020.
Queensland
OIC Qld: Updated privacy guidance on de-identified
data
We have updated our guideline on privacy and de-identified
data to provide high-level information on de-identification and
some issues an agency should consider before undertaking a
de-identification process.
Read the guideline here (15 July 2020)
OIC Qld: Privacy and Public Data audit
14 July 2020 - Our audit identified good practice and
areas for improvement, and made recommendations to all government
agencies
Read the report here
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021.
More...
Uniformity of electronic signatures
During the COVID-19 pandemic, jurisdictions throughout
Australia have legislated to enable the use of electronic
signatures in a range of different legal contexts. QLS has
previously sought member feedback on various measures, including
the use of electronic execution of documents. QLS is now seeking
comments on potential reforms to achieve consistency across
jurisdictions for the electronic execution of documents in
different contexts. Member
feedback is welcomed by 20 July 2020.
Review of the Crime and Corruption Commission's
activities
The Parliamentary Crime and Corruption Committee is
conducting its five year review of the Crime and Corruption
Commission. In undertaking the Review, the Committee will examine
the CCC's overall performance over the last five years and
consider its jurisdiction, responsibilities, functions and powers.
Further information on the Terms of Reference for this review is
available
online. The closing date for written submissions is 10 August
2020.
More...
Practice Directions
The Chief Magistrate has issued the following practice
directions: Magistrates Court
Practice Direction 7 of 2020—Online Court Event
Applications
Further information about the new Online Court Event Application
form can be found
here. Where a matter has a current listing date, a party may
apply electronically, where the consent of the other party has been
obtained, using the form
here (08 July 2020)
COVID-19 Update on Courts, Commissions, Tribunals
See current COVID-19 updates for the Courts, Commissions
and Tribunals
here.
Additionally, QLS also provides COVID-19 updates specifically
relating to
property law and
criminal law.
Review of the Crime and Corruption Commission's
activities
The Parliamentary Crime and Corruption Committee is
conducting its five year review of the Crime and Corruption
Commission. In undertaking the Review, the Committee will examine
the CCC's overall performance over the last five years and
consider its jurisdiction, responsibilities, functions and powers.
Further information on the Terms of Reference for this review is
available
online. Member feedback
is welcomed by 27 July 2020
Ethics and Practice Notes
A solicitor must not in the course of practice, engage in
conduct which constitutes discrimination, sexual harassment or
workplace bullying. See Rule 42, Australian Solicitor Conduct Rules
2012. A reminder that practitioners must make due enquiry
on a testator's testamentary capacity. Please see our note on
this issue
here. Our practice support tip on costs disclosure can be
accessed
here. Q&As on anti-money laundering can be found
here.
Annual report 2019-20 feedback survey
Open until 30 June 2021, Department of the Premier and
Cabinet
By taking a minute to complete this survey, you will help us
improve our annual reports so readers can use them more effectively
More...
Feedback closes for latest Terms of Reference: review of
penalties for assaults on police and other frontline emergency
service workers, corrective services officers and other public
officers
Council would now be turning its attention to producing
the final report which is due to the Attorney-General by 31 August
2020. Submissions will be made available prior to the final report
being publicly released in September 2020. Preliminary submissions
are available on the Council's
website.
QAO Advice: Assessing COVID-19 events after the
reporting date and why auditors are required to review this
10 July 2020 Advice: For many entities, disclosure about
the impacts of COVID-19 in this year's financial report and
annual report will be a key point of difference com.
More...
QAO Advice: Local government audit
committees—getting the right membership
16 July 2020 Advice: Appointing the right members to a
council's audit committee allows for informed, effective
oversight.
More...
Published - articles, papers, reports
Procurement of strategic water entitlements
ANAO Report No 2 of 2020-21: 16 July 2020
The objective of the audit was to examine whether strategic water
procurements by the Department of Agriculture, Water and the
Environment were conducted consistent with government policy, were
supported by appropriate program design, were planned and executed
appropriately, and achieved value for money.
More...
Inquiry into behaviour training for recruits
Commonwealth Ombudsman: 13 July 2020
Reviews Defence's framework for administering training to new
recruits about Defence's required behaviours. The
Report found Defence's overarching framework used by the
recruit schools to administer recruit training was sound, however,
the training that specifically teaches recruits about required
behaviours is not included in all parts of this framework.
More...
The prevalence of domestic violence among women during
the COVID-19 pandemic
Boxall H, Morgan A & Brown R; Statistical Bulletin No.
28, Australian Institute of Criminology: 13 July 2020
Almost six percent (5.8%) of women experienced coercive control and
11.6 percent reported experiencing at least one form of emotionally
abusive, harassing or controlling behaviour. More...
Final report of outgoing Independent National Security
Legislation Monitor
The final report of the outgoing Independent National
Security Legislation Monitor Dr James Renwick CSC SC - "Trust
but Verify - A report concerning the Telecommunications and Other
Legislation Amendment (Assistance and Access) Act 2018 and related
matters" - was tabled yesterday, having been provided on 30
June to the Attorney-General of Australia, the Hon Christian Porter
MP and the Parliamentary Joint Committee on Intelligence. The
Report is available
here.
Cases
Australian Securities and Investments Commission v
Hutchison [2020] FCA
978
ADMINISTRATIVE LAW - appeal from Administrative Appeals
Tribunal - conduct of authorised representative of Australian
Financial Services licensee - where banning order made - whether
conduct 'in relation to' financial product or financial
service - whether Tribunal's construction of provisions
including s 1041G and s 1041H of the Corporations Act 2001 (Cth)
promotes the purpose or object of Chapter 7
ADMINISTRATIVE LAW - whether Tribunal failed to consider a clearly
articulated claim - whether class of person who might be misled by
authorised representative limited to consumer - whether
constructive failure to exercise jurisdiction - whether denial of
procedural fairness
CORPORATIONS - financial services and market - object of Chapter 7
of the Corporations Act - where object includes promotion of
fairness, honesty and professionalism by those who provide
financial services
Acts Interpretation Act 1901 (Cth) s 15AA, 15AB, 15AD;
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Evidence Act 1995 (Cth) s 140
Dyczynski v Gibson [2020] FCAFC
120
HIGH COURT AND FEDERAL COURT – Federal jurisdiction
– jurisdiction of the Federal Court to determine the claims
of all group members – meaning of "matter"
PRACTICE AND PROCEDURE – application for leave to appeal
– procedural fairness – application to file cross
appeal out of time – application to file notice of contention
out of time
PRACTICE AND PROCEDURE –application of Civil Aviation
(Carriers' Liability) Act 1959 (Cth) – application of the
Convention for the Unification of Certain Rules for International
Carriage by Air (Montréal, 28 May 1999) – jurisdiction
under Art 33 of Montréal Convention – consideration of
limitations of actions and extinguishment of claim under Art 35 of
Montréal Convention
REPRESENTATIVE PROCEEDINGS – procedure under Part IVA of the
Federal Court of Australia Act 1976 (Cth) (Act) – meaning of
"claims" under s 33C –requirements of s 33H –
group membership and how a person may be excluded from group
membership – requirement for notice under s 33X –
representative applicant is only a privy in interest in relation to
the common claims of group members and not their individual claims
– whether orders made pursuant to s 33ZB sufficient and
preferable to bind all group members – necessity of orders
made under s 33V to bind group members to settlement –
suspension of time under s 33ZE – supervisory role of the
Court in relation to the interests of group members
COSTS – application of the overarching purpose under s 37M of
the Act – consideration of the Australian Solicitors'
Conduct Rules 2015 (NSW) and the Uniform Conduct (Barristers) Rules
2015 (NSW) – failure to obtain instructions – failure
to communicate with client – duty not to act contrary to a
group member's interests where no retainer – duty to
avoid conflicts – indemnity costs
Civil Aviation (Carriers' Liability) Act 1959 (Cth) ss 9B, 9D;
Evidence Act 1995 (Cth) s 136
Federal Court of Australia Act 1976 (Cth) ss 4, 33A, 33C, 33E, 33H,
33J, 33K, 33L, 33M, 33N, 33Q, 33S, 33T, 33V, 33W, 33X, 33ZB, 33ZE,
33ZF, 37M, 43, Pts IVA, VB
Judiciary Act 1903 (Cth) s 79; Australian Solicitors' Conduct
Rules 2015 (NSW) rr 4.1.1, 4.1.3, 8.1, 9, 10, 11, 12
Williams on behalf of Danggan Balun (Five Rivers) People v
State of Queensland [2020] FCA
938
NATIVE TITLE – application under s 66B(1) of the
Native Title Act 1993 (Cth) (the NTA) to replace an authorised
applicant – whether the authorisation process which
authorised the replacement applicant was defective – whether
there was a traditional decision making process to be followed
under s 251B(a) of the NTA – application granted
PRACTICE AND PROCEDURE – application to amend a claimant
application under r 8.21 of the Federal Court Rules 2011 (Cth)
– whether the authorisation process which authorised the
amendments was defective – whether certain respondents were
denied procedural fairness by the authorisation process –
whether the power to allow the amendments is within the ambit of r
8.21 – application granted .Native Title Act 1993 (Cth)
Piotto v Chief Executive Officer, Services
Australia [2020] FCA
976
ADMINISTRATIVE LAW – application for review under
the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR
Act) – payments of Newstart Allowance temporary suspended
ostensibly due to "mutual obligation failure" of
applicant – applicant attempted to tape record conversations
at appointment – payments reinstated within a week thereafter
– discretion whether to award remedies under s 16 of the ADJR
Act – whether refusal to permit tape recording is a
"decision" or "conduct" amenable to review
under ADJR Act – implied statutory power to regulate conduct
of appointment – delegation of Secretary's statutory
functions to private organisations performing services for the
Commonwealth of Australia
SOCIAL SECURITY – requirement to attend appointments under s
63(2) of the Social Security (Administration) Act 1999 (Cth)
– compliance action for mutual obligation failures –
implied statutory power to regulate conduct of appointment
Bartolo v Sunshine Coast Hospital and Health
Service [2020] QSC
213
COURTS AND JUDGES – COURTS – JURISDICTION AND
POWERS – TRANSFER OF PROCEEDINGS TO OR FROM HIGHER COURT AND
BETWEEN COURTS – TO A LOWER COURT – where defendant
seeks to have matter remitted to the District Court at Maroochydore
pursuant to s 25(2) of the Civil Proceedings Act 2011 (Qld) –
where claim exceeds jurisdiction of the District Court –
where defendant proposed to consent to extend the jurisdiction of
the District Court pursuant to s 72 of the District Court of
Queensland Act 1967 (Qld) - where plaintiff had not given consent
to extend the jurisdiction – where requirements to provide
memorandum under s 72 of the District Court of Queensland Act 1967
(Qld) not complied with – whether proposed consent to enlarge
District Court jurisdiction is a relevant consideration - whether
discretion to transfer under s 25(2) of the Civil Proceedings Act
2011 (Qld) is enlivened
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TRIAL – TIME AND PLACE – where proceedings
commenced in Supreme Court central registry – where the cause
of action arose in the Sunshine Coast – where the defendant
seeks to transfer the proceedings to the Supreme Court at Brisbane
– whether on the balance of the relevant factors the
proceedings ought be transferred
Civil Proceedings Act 2011 Qld s 25; District Court of Queensland
Act 1967 Qld s 72; Uniform Civil Procedure Rules 1999 Qld r 39
Druery v Queensland Racing Integrity
Commission [2020] QCAT
258
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
application to extend time to review a decision
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TIME, EXTENSION AND ABRIDGMENT – where application to
review a decision filed approximately four years out of time
– whether application for an extension of time should be
granted
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 3, 20,
24, 29, 33, 43, 61; Racing Act 2002 Qld ss 149V, 149ZY, 152, 152A,
153
Hannan v Queensland Building and Construction
Commission [2020] QCAT
248
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application to review a decision filed out of time- whether
extension of time should be granted
Corporations Act 1990 Qld ss 95A(1), 491(1); Queensland Building
and Construction Commission Act 1991 Qld ss 56AC, 56AD, 56AE;
Queensland Civil and Administrative Tribunal Act 2009 Qld s 33
Gale & Anor v Queensland Building and Construction
Commission [2020] QCAT
247
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– GENERALLY – review of a scope of works decision
– whether the works are reasonable and necessary - Queensland
Building and Construction Commission Act 1991 Qld ss 71A,
86(1)(g)
Thorne v Brisbane City Council [2020]
QCAT 239
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
a regulated declared dangerous dog has been seized and a
destruction order has been made – where allegations that the
dog has seriously attacked three dogs on three separate occasions
– where the issue of identification of the attacking dog is
disputed by the owner
Do v Brisbane City Council [2020]
QCAT 238
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – animals
– where a decision to make a dangerous dog declaration was
made - where the dog-owner alleged that the dog was provoked to
attack by ongoing dispute between neighbours – whether
provocation for the dog to attack was shown
Clinical Excellence Pty Ltd and Anor v Forest Lakes Allied
Health Pty Ltd [2020] QDC
152
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS –
APPLICATION AND ORDER – where defendant/applicant filed
application for further and better disclosure pursuant to r 223(1)
of the Uniform Civil Procedure Rules 1999 (Qld) – whether
order for further and better disclosure should be granted
WOTCH Inc v VicForests (No 4) [2020]
VSC 433
PRACTICE AND PROCEDURE — Interim injunction —
Whether serious question to be tried — Whether balance of
convenience favours granting injunction — Timber harvesting
of State forests — Application of the precautionary principle
— Protection of threatened species following 2019/20
Victorian bushfires — Flora and Fauna Guarantee Act 1988
(Vic) — Sustainable Forests (Timber) Act 2004 (Vic) —
Code of Practice for Timber Production 2014.
Noy v Greyhound Racing Victoria
[2020] VSC 422
ADMINISTRATIVE LAW – Judicial review –
Victorian Civil and Administrative Tribunal – Review of
decision of Racing Victoria Racing Appeals and Disciplinary Board
– Greyhound Racing Victoria – Charges for possession of
sheepskin for purposes in relation to greyhound racing pursuant to
r 42.18 of the Greyhound Racing Victoria Rules – Whether the
Tribunal failed to acknowledge the proceedings were vexatious
– Whether the Tribunal failed by applying a penalty in r
42.22 – Whether this was a breach of natural justice
principles – Whether documentation before the Tribunal was
incomplete – Application for leave to appeal dismissed
– Victorian Civil and Administrative Act 1998 ss 49, 148.
Gemcan Constructions Pty Ltd v Westbourne Grammar
School [2020] VSC
429
ARBITRATION – Agreement to arbitrate –
Arbitrator and rules to be nominated pursuant to item of schedule
to agreement marked 'Not Applicable' – Whether valid
and binding agreement –Commercial Arbitration Act 2011 (Vic),
s 10 (number of arbitrators), s 11(3) (court appointment in absence
of agreement) and s 19 (determination of rules of procedure).
ARBITRATION – Commercial Arbitration Act 2011 (Vic), 11(3)
– Choice of senior or junior counsel as arbitrator -
Experience as arbitrator – Fees of arbitrator –
Complexity of factual and legal issues in arbitration –
Balancing exercise – Senior counsel appointed.
Watpac Constructions Pty Ltd v Collins & Graham
Mechanical Pty Ltd [2020] VSC
414
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) ('the Act')
– Deemed termination for convenience on a 'finding'
of repudiation by the principal – Reference date referrable
to the payment claim required a 'finding' of repudiation
– Whether requiring a 'finding' of repudiation had
the effect of excluding, modifying or restricting the operation of
the Act within the meaning of s 48 – Whether s 48 of the Act
rendered an offending clause as void in its entirety –
Meaning of 'provision' in s 48 of the Act considered.
BUILDING CONTRACTS – Whether severance of the contractual
provision engaging s 48 of the Act available.
JUDICIAL REVIEW – Finding by adjudicator of repudiation
– Principles to be applied in deciding jurisdictional facts
on judicial review – Burden of proving jurisdictional error
rests with the applicant.
JUDICIAL REVIEW – Whether a court may exercise its residuary
discretion not to permit a full trial of a construction dispute in
determining a review of an adjudicator under the Act queried.
1155 Nepean Hwy v Promax Buildings
[2020] VSC 398
ADMINISTRATIVE LAW – Judicial review –
Injunction enjoining the Adjudicator from making any adjudication
determination – Injunction enjoining first defendant from
making any further adjudication application – Compliance with
service requirements of s 18(5) of the Building and Construction
Industry Security of Payment Act 2002 (Vic) – Whether service
required as soon as practicable or within a reasonable time under s
18(5) of the Building and Construction Industry Security of Payment
Act 2002 (Vic) - Validity of new adjudication application under s
28 of the Building and Construction Industry Security of Payment
Act 2002 (Vic) – Time for service of adjudication application
- Building and Construction Industry Security of Payment Act 2002
(Vic), ss 18(5), 20 , 22, 28.
Kinglake Friends of the Forest Inc. v VicForests (No
2) [2020] VSC 418
ENVIRONMENTAL LAW – Application to extend interim
injunction – Timber harvesting in State forest coupes –
Whether serious question to be tried that defendant failing to
screen timber harvesting operations from view, in breach of
statutory forestry management standards – Whether serious
question to be tried that harvesting not in accordance with
statutory timber release plan – Balance of convenience
– Extension of interim injunctions granted –
Sustainable Forests (Timber) Act 2004 (Vic), s 46 – Code of
Practice for Timber Production 2014 – Management Standards
and Procedures for timber harvesting operations in Victoria's
State Forests 2014, cl 2.2.1.1.
Rashidi v Holsman & Ors [2020]
VSC 413
ADMINISTRATIVE LAW – Judicial review – Medical
negligence – Assessment of impairment by Medical Panel
– Threshold for recovery of damages for non-economic loss
–Procedural fairness – Assessment of injury not
reasonably anticipated on the referral materials –
Panel's opinion quashed – Medical question remitted to be
determined in accordance with law – Wrongs Act 1958 (Vic), pt
VBA.
Legislation
Commonwealth
Criminal
Code Act 1995
13/07/2020 - Act No. 12 of 1995 as amended
Regulations
Electoral
and Referendum Amendment (Pre-poll Voting and Other Measures)
Repeal Regulations 2020
15/07/2020 - The purpose of the Electoral and Referendum
Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations
2020 (the Regulations) is to repeal the Electoral and Referendum
Amendment (Pre-Poll Voting and Other Measures) Regulations 2010
(the 2010 Regulations).
Queensland
Bills updated
Ministerial and Other Office Holder Staff and Other Legislation
Amendment Bill 2018
Stage reached: Passd with amendment on 16/07/2020
The objectives of the Bill are to: " provide the
Director-General of the Department of the Premier and Cabinet (the
Director-General) with explicit power to conduct criminal history
checks to assess the suitability of a person to be engaged in a
Ministerial Office, the Office of the Leader of the Opposition or
an office of a non-government member;
Corrective Services and Other Legislation Amendment Bill
2020
Stage reached: Passed with amendment on 16/07/2020
The Bill creates a permanent firearms amnesty in support of a 2019
resolution of the Ministerial Council for Police and Emergency
Management to establish a national permanent firearms amnesty. It
also includes amendments that support the implementation of the
Queensland Police Service (QPS) policy on replica firearms
Public Service and Other Legislation Amendment Bill 2020
Stage reached: Referred to Committee on 16/07/2020
The policy objective of the Public Service & Other Legislation
Amendment Bill 2020(the Bill) is to give effect to the stage one
public sector management reforms.
Acts
Proclamation No. 3 — Working with Children (Risk
Management and Screening) and Other Legislation Amendment Act 2019
(Qld)
This Proclamation is made under the Working with Children
(Risk Management and Screening) and Other Legislation Amendment Act
2019. This Proclamation will commence the remaining provisions of
the Working with Children (Risk Management and Screening) and Other
Legislation Amendment Act 2019 on 31 August 2020.
Electoral and Other Legislation (Accountability, Integrity and
Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual
and perceived integrity and public accountability of State
elections and ensure public confidence in State electoral and
political processes
Commencement: (d)the remaining provisions of chapter 2, and
schedule 1, commence on 1 August 2020, immediately after the
commencement of the provisions of the Electoral and Other
Legislation Amendment Act 2019 that, under section 2 of that Act,
commence on 1 August 2020.
Subordinate legislation as made – 17 July
No 133
Public Records (Paradise Dam) Amendment Regulation 2020
No 134
Residential Services (Accreditation) (Extension of Transitional
Provision for Retirement Villages) Amendment Regulation
2020
Subordinate legislation as made – 10 July
No 126
Gaming Tax Notice 2020
No 127
Proclamation No. 1—Justice and Other Legislation Amendment
Act 2020 (commencing certain provisions)
Reminders:
Adoption Regulation 2020 (Qld)
This Regulation is made under the Adoption Act 2009. The Adoption
Regulation 2009 was made on 11 December 2009 and commenced in
February 2010. The Regulation is due to expire on 1 September 2020.
The remade Regulation replicates the provisions in the existing
Regulation. It also maintains the value of prescribed fees in the
Regulation by increasing the current fees by 1.8%.
Youth Justice (COVID-19 Emergency Response) Regulation 2020
(Qld)
This Regulation is made under the COVID-19 Emergency Response Act
2020 and the Youth Justice Act 1992. The objective of the
Regulation is to ensure that restorative justice conference
agreements made during the COVID-19 health emergency period remain
compliant with the Youth Justice Act 1992. The policy objective is
achieved by retrospectively and temporarily providing an
alternative method to be taken as compliance with the relevant
provisions of the Youth Justices Act 1992.
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.
