In the media

LCA: Funding boost will help front line legal services
The $20 million earmarked for domestic violence, $29.8 million towards tenancy disputes, insurance, credit and debt related problems, work related claims and the remaining $13.5 million on IT upgrades is a welcome injection of funding that will help meet a rise in demand for legal services (08 May 2020). More...

CCC reminds public servants to safeguard Queenslanders' information as part of Privacy Awareness Week
As part of Privacy Awareness Week (PAW), the Crime and Corruption Commission (CCC) is reminding public servants of their responsibility to adhere to privacy and other laws when dealing with confidential and personal information (06 May 2020). More...

Legislation for COVIDSafe App Privacy Protections
Attorney-General, Christian Porter, has released draft legislation which will codify the existing protections for individuals' data collected by the COVIDSafe app that have been established in the Health Minister's Biosecurity Act Determination (04 May 2020). More...

ICA flags caution over Consumer Data Right expansion plans
A Treasury inquiry into whether a so-called "write" access might be added to the Consumer Data Right regime should only proceed if the benefits outweigh the negatives, the Insurance Council of Australia says (04 May 2020). More...

Laws commence to deliver fairer birth certificates
Trans and gender diverse Victorians can now alter the sex recorded on their birth certificate without having to undergo invasive and costly sex affirmation surgery, with new laws now in effect (01 May 2020). More...

Issues Paper released concerning penalties for assaults on public officers
An Issues Paper reviewing penalties for assaults on public officers has identified that 9,061 offenders have been sentenced in Queensland courts for serious assault in the past 10 years under section 340 of the Criminal Code (Qld) (30 April 2020).. More...

Commission welcomes COVIDSafe App
The Australian Human Rights Commission has welcomed the COVIDSafe App as an important public health initiative, which can help protect the rights of Australians to health and life. The App also opens the possibility of easing restrictions on other human rights, such as freedom of movement and freedom of association (27 April 2020). More...

In practice and courts

Federal Circuit Court of Australia remodelled website homepage
The Federal Circuit Court of Australia launched a remodelled website homepage on 30 April 2020.
The content of the website has not changed, but court users and practitioners will notice a new layout, including direct links to the Court's three main areas of filing: family law, migration law and general federal law.

Australia update
The Family Court of Australia and the Federal Circuit Court of Australia have announced they are establishing a court list dedicated to deal exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic. The list has commenced on 29 April 2020.

Alternative Dispute Resolution
The Courts have issued an electronic Alternative Dispute Resolution. This guide is for ADR events conducted in the Family Court of Australia and the Federal Circuit Court of Australia. View the Practitioners guide to electronic ADR (28 April 2020)

OIAC: Consumer Data Right Compliance and Enforcement Policy released
The ACCC and the Office of the Australian Information Commissioner jointly released the Compliance and Enforcement Policy for the Consumer Data Right. View a copy of the Compliance and Enforcement Policy (05 May 2020). More...

OAIC: COVID-19 Privacy guidance
The OAIC has released privacy guidance for agencies and private sector employers to help keep workplaces safe and handle personal information appropriately as part of the COVID-19 response. This includes answers to frequently asked questions. New detailed advice will help regulated entities assess the privacy risks involved in changed working environments, and a new step-by-step tool to help guide them through the Privacy Impact Assessment process (05 May 2020. More...

AAT: COVID-19: New special measures practice directions – 28 April 2020
The AAT President has issued five special measures practice directions that set out how the AAT will operate while COVID-19 impacts its services. The special measures practice directions may take precedence over other directions that deal with the same matter. These directions are in effect from 29 April 2020 for the following divisions General, Freedom of Information and Veterans' Appeals.

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship
Issue No. 14/2020, 4 May 2020. More...

ANAO Performance Audits in Progress
Due to table: June, 2020; Open for contribution
Administration of financial disclosure requirements under the Commonwealth Electoral Act
Due to table: June, 2020; Open for contribution
Management of the Australian Government's Register of Lobbyists — follow-up

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 2021.

Current Senate Inquiries
Select Committee on COVID-1. More...

Environment and Communications References Committee
Press Freedom
On 16 March 2020, the Committee presented a progress report recommending that the Senate grant an extension of time to report until 20 May 2020.

Legal and Constitutional Affairs References Committee
Nationhood, national identity and democracy
On 23 March 2020 the committee's reporting date was extended to 9 September 2020

Legal and Constitutional Affairs Legislation Committee
Federal Circuit and Family Court of Australia Bill 2019 [Provisions] and Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 [Provisions]
Report by 20 November 2020

Queensland

Penalties for assaults on public officers: Issues Paper
Queensland Sentencing Advisory Council: 30 April 2020
The Issues Paper is in response to Terms of Reference referred by the Attorney-General and Minister for Justice. Interested stakeholders are invited to consider the questions posed throughout the Issues Paper which considers relevant literature about these offences, and presents sentencing statistics and trends over time by 25 June 2020. View the Issues Paper.

OIC Qld: New guidelines: Workplace surveys
The Office of the Information Commissioner has developed two new guidelines on workplace surveys (30 April 2020). More...

CCC Publications - CCC Guide to assessing allegations about misuse of confidential information
This flowchart highlights decision points and recommended courses of action (06 May 2020). More...

Queensland Courts: Court ordered immediate parole eligibility
From 5 May 2020, the Brisbane Supreme and District Courts will enable the Parole Board of Queensland to trial fast-track parole applications for prisoners who are eligible for a parole order from their date of sentence. . More...

Guidance for serving documents in civil proceedings
QLS has prepared guidance for serving documents in civil proceedings for practitioners. We will continue to consult with the Government and the Courts on any changes to the Rules or Court processes (06 May 2020).

Engaging with QAO during COVID-19
QAO Advice: 7 May 2020
COVID-19 has meant that QAO and most of our clients have had to significantly change the way they operate. More...

COVID-19 update on Courts, Commissions, Tribunals, property law and criminal law
QLS will provide up to date information on our website regarding the evolving COVID-19 situation and the response of the Courts, Commissions, and Tribunals in Queensland. Further key updates on information specifically relating to property law, and criminal law can also be found on the QLS website. QLS will continue to communicate with key stakeholders and will provide regular updates online.

Department of the Premier and Cabinet Consultation: Annual report 2018-19
Feedback survey open until 26 June 2020 - help us improve our annual reports so readers can use them more effectively. More...

Queensland Sentencing Advisory Council Inquiries
 Penalties for assaults of public officers
The Attorney-General and Minister for Justice, the Honourable Yvette D'Ath MP, referred Terms of Reference to the Council in early December 2019 asking for its advice on penalties for assaults on police and other frontline emergency service workers, corrective service officers and other public officers. The Council must report back to the Attorney-General by 30 June 2020.

Published - articles, papers, reports

First interim report of the Joint Select Committee on implementation of the National Redress Scheme April 2020
Joint Select Committee on Implementation of the National Redress Scheme: 01 May 2020
The establishment of the National Redress Scheme in 2018 has made a symbolic and practical contribution to the pursuit of justice for survivors of institutional child sexual abuse. However, as this interim report demonstrates, much more needs to be done to improve. More...

Protecting human rights in locked environments during COVID-19
Queensland Human Rights Commission: April 2020
The following information outlines the rights of people in 'locked environments' in Queensland, and the rights of their families and staff. 'Locked environments' refers to accommodation from which a person is not physically free to leave at any time. More...

ANAO Performance Audits
Due to table: June, 2020 Open for contribution Administration of financial disclosure requirements under the Commonwealth Electoral Act
Due to table: June, 2020 Open for contribution Management of the Australian Government's Register of Lobbyists — follow-up

Australian Bureau of Statistics
06/05/2020 Public Consultation - How do you use Census data, 2020
01/05/2020 Household Impacts of COVID-19 Survey, 14-17 Apr 2020
Tell us about how your use of Census data has resulted in better outcomes for individuals, families and communities here.

Cases

CXXXVIII v Honourable Justice Richard Conway White [2020] FCAFC 75
JUDICIAL REVIEW – application for judicial review of a decision of the first respondent to issue an arrest warrant under s 31 of the Australian Crime Commission Act 2002 (Cth) (the Act) – where applicant claims that the arrest warrant is invalid – whether the first respondent had reasonable grounds to believe the applicant was likely to commit an offence against s 30(1)(b) of the Act – where applicant claims the second, third and fourth respondents failed to comply with their duty on an ex parte application to disclose all material facts – where applicant claims that the first respondent took into account evidence which was not on oath in deciding to issue the warrant such that the warrant was issued in breach of s 31(1) of the Act – interpretation of s 30(1)
CONSTITUTIONAL LAW – where applicant claims s 31 of the Act is invalid because it purports to confer a duty, power and/or function on judges of the Federal Court of Australia, acting as persona designata, which is incompatible with their commissions as judges of the Court and/or with the proper performance of their judicial functions as judges of the Court
Australian Crime Commission Act 2002 (Cth), ss 31, 30, 24A, 7C, 28, 7, 20, 21, 22; Judiciary Act 1903 (Cth), s 78B

Rossi v Qantas Airways Limited [2020] FCA 573
PRACTICE AND PROCEDURE – third party application for leave to inspect statement of claim – whether a document unrestricted under Federal Court Rules 2011 r 2.32(2), in advance of leave to make application to Federal Court under Australian Human Rights Commission Act 1986 (Cth) s 46PO(3A)(a) – application granted

Comcare v Stefaniak [2020] FCA 560
PRACTICE AND PROCEDURE – appeal from decision of the Administrative Appeals Tribunal – appeal allowed by consent. Administrative Appeals Tribunal Act 1975 (Cth) s 44(1); Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5B(1)(b)

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535
COPYRIGHT – musical works – identification of copyright work – whether sound of lyrics as sung forms part of musical work – 'love is in the air' as both lyric carrying meaning and phonetic instruction to vocalist – objective similarity between copyright work and allegedly infringing works – consideration of ordinary, reasonably experienced listener – relevance of expert evidence and chambers' heightened familiarity with works – causal connection – whether conscious or unconscious copying – consideration of process of creation of allegedly infringing works – whether part taken a substantial part of copyright work – originality – whether sung lyric 'love is in the air' and accompanying music 'essential air' of copyright work – whether part taken 'too short' to be substantial
COPYRIGHT – musical works – where allegedly infringing works created outside Australia – where reproduction and communication rights alleged to have been infringed by streaming, downloading and telephone hold music – effect of assignment and licensing arrangements – whether authorisation infringement possible without primary infringement
COPYRIGHT – literary works – whether lyric reproduced in allegedly infringing works a substantial part of literary work – originality of lyric taken – whether 'love is in the air' an obvious, commonplace or prosaic expression
COPYRIGHT – moral rights – right not to have work subjected to derogatory treatment – meaning of 'reputation' and 'honour' – consideration of territoriality requirements
CONTRACTS – construction of assignment and licensing arrangements concerning rights in copyright work and allegedly infringing works involving Fourth and Fifth Applicants – relevance of extrinsic materials – effect on standing of First Applicant to sue
DAMAGES – whether sufficient prospect of entitlement to real pecuniary award to justify inquiry for damages or account of profits – entitlement to additional damages – whether copying flagrant – where further hearing as to relief necessary
EVIDENCE – standard of proof in civil proceedings – allegations of conscious copying and falsified evidence – gravity of allegations – Evidence Act 1995 (Cth) s 140
PRACTICE AND PROCEDURE – application for leave to file rejoinder submissions – where various complaints made about nature and quality of Reply submissions – consideration of standard for leave to be granted

Page v Sydney Seaplanes Pty Ltd [2020] FCA 537
HIGH COURT AND FEDERAL COURT – jurisdiction of Federal Court – application concerning death of applicant's daughter during intra-state seaplane flight –claim for damages pursuant to ss 28, 31 and 25 of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) "as incorporated by" s 5 of the Civil Aviation (Carriers' Liability) Act 1967 (NSW) – whether federal jurisdiction arises in respect of a claim for damages relating to an intra-state flight – application dismissed for want of jurisdiction
Constitution, ss 75, 76, 77; Civil Aviation (Carriers' Liability) Act 1959 (Cth), ss 26, 27, 28, 31 and 35; Civil Aviation (Carriers' Liability) Act 1967 (NSW), ss 4, 5, 6A; Federal Court of Australia Act 1976 (Cth), s 19; Judiciary Act 1903 (Cth), ss 38, 39, 39B

Trio Brothers Pty Ltd v Maskill [2020] QDC 62
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – where the appeal was brought pursuant to s 222 of the Justices Act 1886 (Qld) - where the appellant was charged with 5 offences of supplying an ice pipe or a component of an ice pipe pursuant to s 26ZPF(1)(b) of the Tobacco and Other Smoking Products Act 1998 (Qld) – whether on the whole of the evidence the Magistrate's verdicts were unreasonable – where no expert scientific evidence was called by the prosecution – whether the evidence failed to establish to the criminal standard that devices supplied by the appellant were capable of administering dangerous drugs – whether the evidence failed to establish to the criminal standard that devices supplied by the appellant were an ice pipe or a component of an ice pipe, as defined
Acts Interpretation Act 1954 Qld; Drugs Misuse Act 1986 Qld; Justices Act 1886 Qld ss 222, 223; Tobacco and Other Smoking Products Act 1998 Qld s 26ZPF

Legislation

Commonwealth

Bills

[Exposure Draft] Privacy Amendment (Public Health Contact Information) Bill 2020
Will reinforce the protections set out in the Determination made by the Minister for Health under the Biosecurity Act 2015on 25 April 2020, placing the protections into primary legislation through amendments to the Privacy Act 1988. Note: Under the determination, it is a criminal offence to collect, use or disclose COVIDSafe app data for a purpose that is not related to contact tracing. A maximum penalty of 5 years imprisonment or $63,000 applies to breaches of the determination.

Regulations

Corporations (Coronavirus Economic Response) Determination (No. 1) 2020
05/05/2020 - This instrument modifies the Corporations Act 2001 to enable Annual General Meetings to be run electronically, and to enable electronic signatures to be used, to address the impacts of the Coronavirus

Queensland

Appropriation (COVID-19) Bill 2020
Introduced by: Hon J Trad MP on 22/04/2020
Stage reached: Passed on 22/04/2020

COVID-19 Emergency Response Bill 2020
Introduced by: Hon A Palaszczuk MP on 22/04/2020 Stage reached: Passed on 22/04/2020

COVID-19 Emergency Response Act 2020 23/04/2020
The policy objectives of the Bill are to:a mend the Parliament of Queensland Act 2001(the Parliament of Queensland Act) to:

  • enable meetings of the Legislative Assembly to take place, by whole or in part, via technology such as teleconferencing or videoconferencing during the current COVID-19 emergency; and clarify that Members of Parliament may participate in parliamentary committee meetings via technological means;
  • establish a legislative modification framework of general application across the statute book (the modification framework) allowing legislative requirements to be modified in the following areas, should that be required: attendance at places or meetings, making and associated use of documents and physical presence requirements statutory timeframes; and proceedings of courts and tribunals

Note: Power of entity to modify statutory time limit
(5)If a period is extended under subsection (2), the period may be extended only for a period that ends on or before 31 December 2020.
(6)A statutory instrument made under subsection (3)(a) may have retrospective operation to a day not earlier than 19 March 2020.

Subordinate legislation as made – 01 May 2020
No 61 Disaster Management (Further Extension of Disaster Situation—COVID-19) Regulation (No. 2) 2020
No 62 Legal Profession (Society Rules) Amendment Notice 2020
The purpose of the Regulation is to further extend the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020 and extended by regulation on 2 and 16 April 2020.

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.