In the media
The Family Court of Australia and Federal Circuit Court
of Australia takes a vital step towards reform and engages the
Honourable Dr Chris Jessup QC to oversee development of unified
family law processes
The legal profession and the community have called for
changes to the family law system. In response, the Courts are
taking a major step to improve family law in Australia. This
includes establishing, for the first time, a common set of rules,
forms and case management in the Family Court of Australia and
Federal Circuit Court of Australia (11 April 2019). More...
Complaints prompt new social media guidelines for
councillors
Comprehensive social media guidelines are now available
for Queensland councillors to help manage their online presence
following a spate of social media related complaints, ahead of the
2020 council elections (11 April 2019). More...
Review into the framework of religious exemptions in
anti discrimination legislation
The Morrison Government has commissioned the Australian
Law Reform Commission (ALRC) to undertake a
comprehensive review of the framework of religious exemptions in
anti-discrimination legislation across Australia (10 April 2019).
More...
OAIC: Statement on 'stoptheretirementtax.com'
On 13 February 2019 the OAIC commenced preliminary
inquiries in relation to the actions of Mr Tim Wilson MP and Wilson
Asset Management (International) Pty Ltd, in respect of alleged
interferences with privacy related to the handling of personal
information collected through the
‘stoptheretirementtax.com’ website. On the basis of the
OAIC’s preliminary inquiries, the Commissioner has formed the
view that there is no jurisdiction to investigate Mr Wilson’s
actions (08 April 2019). More...
Law breaking activists to be met with strong new laws at
the farm gate
The State Government is cracking down on animal rights
zealots invading farms in illegal protests. The Premier has
announced police and Agriculture department officers will have the
power to issue on the spot fines - a faster penalty than pursuing
trespass charges (07 April 2019). More...
Bump stock device outlawed in Queensland
Minister for Police and Minister for Corrective Services
the Honourable Mark Ryan MP has welcomed an amendment to section 8
of the Weapons Categories Regulation 1997 which makes 'bump
stock' devices a Category R weapon (05 April 2019). More...
Budget increase provides funding certainty for legal
assistance services
The Morrison Government will deliver a baseline funding
boost and guaranteed long-term financial commitments for frontline
legal services in the 2019-20 Budget (02 April 2019). More...
Sandy Thompson QC appointed Solicitor-General for
Queensland
Attorney-General and Minister for Justice Yvette
D’Ath has announced Mr Sandy (Gavin Alexander) Thompson QC as
Queensland’s new Solicitor-General (01 April 2019). More...
In practice and courts
Practice direction - Family Court of Australia
See the attached the following Practice Direction: Family
Court of Australia - Practice Direction No 1 of 2019 –
Applications for Leave to Appeal (03 April 2019)
Law Council of Australia: fortnightly update
The LCA have today (12 April 2019) published their
fortnightly newsletter. A full copy is available here.
Law Council of Australia: 2019-20 Federal budget
overview
On Tuesday, 2 April 2019, representatives of the Law
Council of Australia attended the Federal Budget
‘lock-up'. The Law Council has prepared a summary of key
announcements of interest to the legal profession. A full copy of
the summary is available here.
Current Senate Inquiries
Parliamentary scrutiny of delegated legislation
On 3 April 2019, the Senate granted an extension of time
for reporting until 3 June 2019. More...
Review of model defamation provisions: discussion
paper
The purpose of defamation law is to balance protection
from reputational damage with freedom of speech, and the release of
information that's considered public interest. Each state and
territory enacted legislation to implement the provisions to ensure
greater national consistency. The Review of Model Defamation Provisions
Discussion Paper includes specific questions about the Model
Defamation Provisions for your consideration; however, you are
invited to comment on any other matters related to the provisions.
Submissions close on 30 April 2019. The Model Defamation Provisions
are available on the Australasian Parliamentary Counsel's
Committee website here.
High Court Australia bulletin 2019
High Court of Australia Bulletin [2019] HCAB 02 (2 April
2019). More...
AAT bulletins 2019
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 14/2019, 8 April
2019
Issue No. 13/2019,1 April 2019
AAT: New AAT privacy policy
The AAT’s Privacy Policy outlines the AAT’s
practices when handling personal information. The AAT recently
released a new Privacy Policy with updated
information. Visit our Privacy page to view the Policy and for
more information (01 April 2019). More...
AAT: Revised Child Support review directions
The revised Directions for reviews of Child Support
decisions are now available (01 April 2019). More...
2019 COAT National Conference
The 2019 Council of Australasian Tribunals
(COAT) National Conference will be held 6 –
7 June in Melbourne. More...
Current consultations
Review of the Telecommunication and Other Legislation
Amendment (Assistance and Access) Act 2018, Parliamentary
Joint Committee on Intelligence and Security. This review is in
addition to two separate statutory reviews, amendments to include a
review due to commence by April 2019
Queensland
Victim Assist Queensland – guidelines for
financial assistance
Victim Assist Queensland provides financial assistance to
victims of violent crimes that were committed in Queensland. The
Director-General has issued Guideline 9 – Granting financial
assistance for legal expenses, which takes effect from 21 April
2019. More...
OIC Queensland cases
02 April 2019 5B3NGA and Department of Education [2019]
QICmr 10 (2 April 2019) | Office of the Information Commissioner
Queensland
QAO: Managing electronic and digital evidence
The rapid and ongoing increase in the use of electronic
and digital technology to commit and detect crime has led to a
growing reliance on electronic and digital evidence in criminal
investigations and prosecutions. This rapid growth and the
increasing sophistication of technology presents significant
opportunities and challenges for the criminal justice system. Legal
Affairs and Community Safety Committee; Audit status Planned
Anticipated tabling: to be advised. More...
QAO: Diverting young offenders from crime
This audit will examine the effectiveness of youth justice
diversion and rehabilitation initiatives in helping young people
better connect with the community and reduce the risk of them
reoffending. Audit status Planned. More...
Queensland Sentencing Advisory Council: Intermediate
sentencing options and parole
The due date for the final report has been extended by
three months, by letter from the Attorney-General and Minister for
Justice, and Leader of the House, to 31 July 2019. Read the Terms of Reference
Department of Justice Consultation
Review of the Births, Deaths and
Marriages Registration Act 2003 (Qld) – Discussion paper
2
Have your say on Discussion Paper 2 Registration of life events:
Functions and powers of the Registrar and the use and disclosure of
information. Submissions close 23 April 2019
Crime Corruption Commission: Current prosecutions
Victorian man charged with official
corruption - 8 April 2019
A 36-year-old Victorian man appeared in the Brisbane Magistrates
Court this morning after being charged by the Crime and Corruption
Commission (CCC) with official
corruption.
Supreme Court Practice Direction 4 of 2010
Supreme Court Practice Direction 4 of
2010 - reissued on 8 April 2019
The Registrar is hereby accorded jurisdiction, where it would
otherwise not exist, pursuant to Rule 452(2) UCPR, to hear and
determine the applications listed in Paragraph 5
Published - articles, paper, reports
20 policies to fix Australia
John Roskam, Daniel Wild; Institute of Public Affairs: 12
April 2019
Proposed policies include withdrawing from the Paris Agreement,
reducing the corporate tax rate, privatising the ABC, and
legalising nuclear power. More...
Resolution of disputes with financial service providers
within the justice system
Senate Legal and Constitutional Affairs Committee;
Parliament of Australia: 08 April 2019
This inquiry explored the ability of consumers and small businesses
to exercise their legal rights through the justice system, and
whether there are fair, affordable and appropriate resolution
processes to resolve disputes with financial service providers.
More...
State of the data and digital nation
Australian Digital Council; Department of the Prime
Minister and Cabinet (Australia): 05 April 2019
This report provides an overview of the main data and digital
transformation initiatives being implemented in Australia by the
Commonwealth, state and territory governments. It features case
studies of successful projects in areas including health, human
services, community engagement, ID services, biodiversity and more.
More...
Second interim report: freedom of religion and belief,
the Australian experience
Joint Standing Committee on Foreign Affairs, Defence and
Trade; Parliament of Australia: 03 April 2019
This report examines some of the perceived problems associated with
the reconciling of the exercise of freedom of religion with other
human rights. It considers solutions and legislative reforms.
More...
Public sector digital transformation: a quick
guide
Parliamentary Library Research Publications: 02 April
2019
In broadly chronological order, this Quick Guide provides brief
background information on a variety of recent and current
initiatives in the Australian federal public sector associated with
‘digital transformation’, as well as links to relevant
sources of information. More...
Cases
Clubb v Edwards; Preston v
Avery [2019] HCA 11
So much of the appellant's appeal from the judgment of
Magistrate Bazzani made on 11 October 2017 as has been removed into
this Court is dismissed. Constitutional law (Cth) – Implied
freedom of communication about governmental or political matters
– Where s 185D of Public Health and Wellbeing Act
2008 (Vic) and s 9(2) of Reproductive Health (Access to
Terminations) Act 2013 (Tas) prohibit certain communications
and activities in relation to abortions within access zone of 150 m
radius around premises at which abortions are provided –
Where appellants engaged in communications and activities in
relation to abortions within access zone – Whether
communications and activities in relation to abortions are
communications about governmental and political matters –
Whether provisions effectively burden implied freedom –
Whether provisions imposed for legitimate purpose – Whether
provisions reasonably appropriate and adapted to that purpose
– Whether provisions suitable, necessary and adequate in
balance.
Constitutional law (Cth) – Implied freedom of communication
about governmental or political matters – Severance, reading
down and disapplication – Where appellant charged and
convicted of offence against s 185D of Public Health and
Wellbeing Act 2008 (Vic) – Where it was not contended
that appellant's conduct involved political communication
– Where substantial overlap with issues raised in proceedings
in relation to interstate Act – Whether s 185D able to be
severed, read down or partially disapplied so as to have valid
operation in respect of appellant – Whether appropriate to
proceed to determine constitutional validity of s 185D.
Tutkaluk trading as Prestige
Patios and Decks v Queensland Building and Construction
Commission [2019] QCAT
92
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
the Respondent made a reviewable decision – defective work
not rectified – where the Applicant sought review of
reviewable decision – where no review sought of direction to
rectify – scope of Tribunal’s jurisdiction
Blank Canvas Solutions Pty Ltd
t/as Axiom Access v OzRig Pty Ltd [2019] QCAT
84
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
there is a building dispute – where there is an issue
involving costs – where Tribunal has broad and general
discretion to award costs – where general rule that
successful party entitled to costs – where both parties
successful.
Sundale Limited
[2019] QCAT 83
HUMAN RIGHTS – DISCRIMINATION LEGISLATION –
where the applicant on behalf of a class of people seeks an
exemption from the operation of a specified provision of the
Anti-Discrimination Act 1991 (Qld) in order to operate the
‘Better Together Housing Project’ – where the
Anti-Discrimination Commissioner supports the application –
whether the exemption should be granted
Commissioner of Taxation v
Resource Capital Fund IV LP [2019] FCAFC
51
CONSTITUTIONAL LAW – competency to object –
where a corporate limited partnership is treated as a separate
“taxable” entity – whether a corporate limited
partnership is competent to object to an assessment – where
liability is imposed on the individual partners without separate
assessment – whether the imposition of joint and several
liability on the individual partners would be an incontestable tax
and unconstitutional
TAXATION – ordinary income – source of income –
where corporate limited partnerships made a gain from the sale of
shares in a company – where value of the shares depended upon
the value of a mine located in Australia
CXXXVIII v Commonwealth of
Australia [2019] FCAFC
54
ADMINISTRATIVE LAW – summons and notice to produce
issued under the Australian Crime Commission Act 2002
(Cth) – whether summons and notice to produce supported by a
valid determination made in the exercise of the functions of the
Board – power to authorise investigation into matters
relating to federally relevant criminal activity – meaning of
“investigation” – meaning of “federally
relevant criminal activity” – limits on the subject
matter of an investigation authorised and determined to be special
– whether summons and notice to produce issued for the
purpose of a special investigation that had in fact been
constituted and that the Australian Criminal Intelligence
Commission was in fact conducting
ADMINISTRATIVE LAW – notice to produce issued under the
Australian Crime Commission Act 2002 (Cth) – notice
purporting to require the production of things in the
recipient’s possession, custody or control forthwith at the
time and place of service – whether compliance impossible in
respect of things not able to be produced immediately at the time
and place of service – whether notice to produce issued in
excess of authority – application of s 46 of the Acts
Interpretation Act 1901 (Cth) – whether notice to
produce capable of reading down
APPEAL AND NEW TRIAL – question of fact and law conceded by
respondent in proceedings before primary judge – whether
primary judge committed appealable error by failing to grant the
appellant declaratory relief on the conceded question
Rex Patrick and Minister for
Resources and Northern Australia (Freedom of
information) [2019] AICmr
13
Freedom of Information — Interpretation of scope
— (CTH) Freedom of Information Act 1982 ss 4(1) and
55D. Under s 55K of the Freedom of Information Act 1982
(the FOI Act), I set aside the decision of the Minister for
Resources and Northern Australia (the Minister) of 16 January 2018
that documents cannot be found or do not exist.
Tropoulos v Journey Lawyers Pty
Ltd [2019] FCA 436
HUMAN RIGHTS – employment – discrimination
– direct discrimination under Disability Discrimination
Act 1992 (Cth) s 5(2) – legal practitioner – where
employee suffers from depressive disorder – reasonable
adjustments to nature of employment – whether working five
half days per week is reasonable adjustment – whether
adjustment would impose unjustifiable hardship on employer within
meaning of Disability Discrimination Act 1992 (Cth) s
21B
HUMAN RIGHTS – employment – discrimination –
appropriate hypothetical comparator – whether an employee
injured at work is an appropriate comparator
HUMAN RIGHTS – employment – discrimination –
reasonable adjustments – where contractual dispute not
pleaded – whether failing to engage in mediation was failure
to make reasonable adjustments – whether employer treated
“less favourably” – whether instructing counsel
on first day back at work, reallocation of clients to other lawyers
and allocation of legal aid clients, office relocation, change in
position and salary failed to constitute reasonable
adjustments
HUMAN RIGHTS – exception – inherent requirements of
employment – whether employee could satisfactorily carry out
inherent requirements of practice as Australian legal practitioner
– victimisation – director of incorporated legal
practice – duties and responsibilities – whether
Legal Profession Act 2007 (Qld) s 117 requires director to
report person who may not be “fit and proper” –
whether threat of victimisation occurred because of
disability
PRACTICE AND PROCEDURE – jurisdiction – whether Federal
Court has jurisdiction to hear complaint of victimisation –
Disability Discrimination Act 1992 (Cth) s 42
EVIDENCE – admissibility and relevance – expert opinion
evidence – specialised knowledge – evidence of family
law – whether knowledge of conduct of daily practice in
family law is specialised
COSTS – whether appropriate to depart from usual order as to
costs – whether costs ought to be assessed on indemnity
basis
Mulder v Queensland Building and
Construction Commission & Anor [2019]
QCAT 78
PROCEDURE – CIVIL PROCEEDINGS IN STATE OR TERRITORY
COURTS – PARTIES AND REPRESENTATION – LEGAL
REPRESENTATION – GENERALLY – where leave for legal
representation sought – whether interests of justice require
leave to be granted - Queensland Civil and Administrative
Tribunal Act 2009 Qld s 3, s 43; Queensland Civil and
Administrative Tribunal Rules 2009 Qld r 53
VRN v Queensland Police Service
- Weapons Licensing [2019] QCAT
77
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant seeks documents relating to motives for reviewable
decision – whether relevant. Queensland Civil and
Administrative Tribunal Act 2009 Qld s 63(1), s 62(3)
Arcturus Downs Limited v Peta
Stilgoe (Member of the Land Court of Queensland) &
Ors [2019] QSC 84
ADMINISTRATIVE LAW – JUDICIAL REVIEW – where
the applicant objected to the grant of mining leases and
environmental authorities – where the Land Court dismissed an
application by the applicant to dismiss the second
respondent’s application for mining leases and environmental
authorities – where the Land court recommended that mining
leases be granted over application area – where the Land
Court recommended to the administering authority that the
environmental authority be issued – where the Land Court
recommended the issue of EA 1613 – where the applicant seeks
a statutory order of review of those decisions – whether the
decisions of the Land Court involved errors of law – whether
the decision of the Land Court had jurisdiction to make the
environmental decision – whether the making of the
environmental authority was an improper exercise of the Land
Court’s power – whether a breach of natural justice has
occurred
PRS v Crime and Corruption
Commission [2019] QSC
83
PROCEDURE – STATE AND TERRITORY COURTS:
JURISDICTION, POWERS AND GENERALLY – JURISDICTION –
GENERALLY – where the applicant sought an order suspending
the investigative powers of the Crime and Corruption Commission
(‘the CCC’) – whether it was appropriate for the
court to make an order suspending the powers of the CCC –
whether the court should enjoin police from charging the
applicant
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
INTERPRETATION ACTS AND PROVISIONS – EXERCISE OF POWERS AND
DUTIES – GENERALLY – where the applicant sought an
order directing the CCC to reopen investigations and direct
seconded police officers not to charge the applicant –
whether the Crime and Corruption Act 2001 (Qld) vested
jurisdiction in the court to make such orders – whether the
court should exercise its discretion in order to make such
orders.
Legislation
Commonwealth
Acts
Criminal Code Amendment (Sharing of
Abhorrent Violent Material) Act 2019
10 April 2019 - Act No. 38 of 2019
Foreign Influence Transparency Scheme
Amendment Act 2019
09 April 2019 - Act No. 32 of 2019
Bills
Criminal Code Amendment (Sharing of
Abhorrent Violent Material) Bill 2019
Finally passed both Houses 04 April 2019 Assent Act no: 38
2019 05 April 2019
This Bill will make amendments to the Criminal Code Act 1995 to
introduce new 3.offences to ensure that internet, hosting or
content services are proactively referring abhorrent violent
material to law enforcement, and that hosting and content services
are expeditiously removing abhorrent violent material that is
capable of being accessed within Australia.
Foreign Influence Transparency
Scheme Amendment Bill 2019
Finally passed both Houses 03 Apr 2019 Assent Act no: 32
2019 05 Apr 2019
Amends the Foreign Influence Transparency Scheme Act 2018 to: amend
the definition of 'communication activity' to capture a
person that produces information or material on behalf of a foreign
principal for the purpose of the information or material being
distributed to the public; provide that a person's belief about
the intention of a foreign principal may be taken into account when
determining the purpose of an activity; provide that the reporting
obligations under the foreign influence transparency scheme apply
to persons that are liable to register, but who have not yet
actually registered; extend the obligation to make disclosures in
registrable communications activity to any person who undertakes a
registrable communication activity on behalf of a foreign principal
(not just to those who are already registered); and make technical
amendments to certain offence provisions.
Regulations
Privacy Amendment (External Dispute
Resolution Scheme) Regulations 2019
10/04/2019 - These regulations amend the
Privacy Regulation 2013 to extend the prescription of energy or
water utilities in the Australian Capital Territory, for the
purposes of subparagraph 21D(2)(a)(i) of the Privacy Act
1988, until 1 January 2020.
Ombudsman Amendment (National
Preventive Mechanism) Regulations 2019
09/04/2019 - These regulations amend the Ombudsman
Regulations 2017 to confirm the roles and functions of the Office
of the Commonwealth Ombudsman under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
Administrative Appeals Tribunal
Amendment (Family Assistance Law Review Fees) Regulations
2019
08/04/2019 - This instrument amends the Administrative
Appeals Tribunal Regulation 2015 to expressly clarify that a fee is
payable in relation to an application to the Administrative Appeals
Tribunal for AAT single review.
Privacy Amendment (SA NT DataLink)
Regulations 2019
05/04/2019 – These regulations amend the Privacy
Regulation 2013 to prescribe the Department for Health and
Wellbeing (an authority of South Australia) as an organisation
under the Privacy Act 1988
Privacy Amendment (Protection of
Australian Farms) Regulations 2019
05/04/2019 - These regulations amend the Privacy
Regulation 2013 to prescribe Aussie Farms Inc as an organisation
for the purposes of the Privacy Act 1988. Subsection 7(1A)
applies in relation to acts done, and practices engaged in, after
the commencement of the Privacy Amendment (Protection of Australian
Farms) Regulations 2019 (whether in relation to personal
information collected before or after that commencement).
Marriage (Celebrant Professional
Development) Amendment Statement 2019
01/04/2019 - This instrument amends the Marriage
(Celebrant Professional Development) Statement 2019 by adding two
new activities to the list of celebrant development activities.
Queensland
Bills
Queensland Civil and Administrative Tribunal
and Other Legislation Amendment Bill 2018
Stage reached: Passed with amendment on 3/04/2019
Assent Date: 11/04/2019 Act No: 12 of 2019 Commences: by
Proclamation
An Act to amend the Queensland Civil and Administrative Tribunal
Act 2009 and others
Justice Legislation (Links to Terrorist
Activity) Amendment Bill 2018
Stage reached: Passed on 28/03/2019
Assent Date: 11/04/2019Act No: 10 of 2019Commences: Date of
Assent
Guardianship and Administration and Other
Legislation Amendment Bill 2018
Stage reached: Passed on 26/03/2019 Assent Date: 11/04/2019
Act No: 9 of 2019 Commences: see Act for details
Subordinate legislation as made
No 43 Weapons Legislation Amendment Regulation
2019
No 44 Police Service Administration (Approved
Agencies) Amendment Regulation 2019