In the media
Acland coal mine expansion to begin new hearings in Land
Court
Hearings will re-open in the case involving the expansion of the
New Acland mine on Queensland's Darling Downs, the Land Court
rules, following a new report submitted after the conclusion of
evidence last year (03 February 2017).
More...
Noongar Native Title agreement: $1.3b deal rejected by
Federal Court
One of the biggest native title deals in Australian history has
been struck a blow by a shock decision in the Federal Court, which
found the agreement could not be registered because some Aboriginal
representatives refused to sign off on it (02 February 2017).
More...
Queensland bail laws face changes after woman's
murder
Queensland's bail laws may be tightened in the wake of Gold
Coast mother Teresa Bradford being killed by her estranged husband
while he was out on bail on domestic violence charges, although a
prominent criminal lawyer is warning against the move (01 February
2017).
More...
Susan Kiefel sworn in as first female High Court Chief
Justice
She was appointed as Chief Justice in November and was today
received by a full High Court bench (30 January 2017).
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Productivity Commission Review of the National
Disability Insurance Scheme Costs
The Federal Government has published the terms of reference
pertaining to a Productivity Commission review of the National
Disability Insurance Scheme costs. The report resulting from the
review will be due on the 15 September 2017. The review was
launched by Treasurer, Scott Morrison, pursuant to Parts 2 and 4 of
the Productivity Commission Act 1998 (27 January 2017). More...
QLS applauds new High Risk Youth Court in
Townsville
Queensland Law Society congratulates the Queensland Government on
the launch of a new specialist High Risk Youth Court that will hold
its first sitting next week (27 January 2017).
More...
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Palaszczuk Government Chain of Responsibility guideline
takes effect
The guideline for stronger environmental laws to prevent Queensland
taxpayers picking up multimillion dollar environmental clean-up
bills takes effect today (Friday) following extensive industry and
public consultation (27 January 2017).
More...
Queensland Cabinet vows to reject lockout
laws
The Queensland Government has voted against the introduction of 1am
lockouts, which were part of the second phase of liquor reforms to
be introduced on 1 February. The restrictions introduced last year
saw the cessation of drinks at 3am for venues in entertainment
areas as well as the banning of rapid consumption drinks after
midnight (27 January 2017).
More...
Maroochydore Sands mine: Residents aim to raise $200,000
to fight project in court
Residents on Queensland's Sunshine Coast have vowed to fund a
$200,000 legal battle against a proposed sand mine. Developers had
wanted to build the Maroochydore Sands project at Forest Glen, but
it was rejected by the Sunshine Coast Council last year. The
developer is to appeal against that decision in the Planning and
Environment Court (26 January 2017).
More...
QLS supports move to scrap lockout laws
Queensland's peak solicitors' body has backed the state
government's proposed scrapping of nightclub lockout laws and
opts for a more measured mandatory digital screening process to
identify potentially problematic patrons (24 January 2017).
More...
In practice and courts
Redress Scheme for Survivors of Institutional Childhood
Sexual Abuse
The Commonwealth Government has asked that practitioners be aware
of how its Redress Scheme for Survivors of Institutional Childhood
Sexual Abuse operates, including that survivor's eligibility
for the scheme and their entitlements. The Government has provided
an
information sheet on the scheme.
Queensland Courts
Conduct of appeals - Family Court of Australia, 1 of 2017.
Published – articles, papers, reports
Australia's privacy laws gutted in court ruling on what
is 'personal information'
Jake Goldenfein: 19 January 2017
In possibly Australia's most important privacy case to date,
the Federal Court today dealt a severe blow to Australia's
information privacy laws by narrowing the definition of
"personal information". By reasoning that data is only
"personal information" if a person is the actual subject
matter of that information, the court's decision means
"personal information" does not include data that only
reveals identity if linked with other data.
Cases
Casenote: Privacy Commissioner v Telstra Corporation
Limited [2017] FCAFC 4
The Full Federal Court has unanimously overturned an appeal from
the Privacy Commissioner against Telstra in a case concerning
customer access under the Privacy Act 1988 (Cth) to
"metadata" held by the company. While the case has a
lengthy history, the appeal itself was determined on what Justice
Kenny and Justice Edelman described as "a very narrow question
of statutory construction concerning the meaning of the words
"about an individual" as they applied in the Privacy Act
prior to 12 March 2014" [at 5] (30 January 2017).
AIN v Medical Council of New South Wales [2017]
NSWCATAP 23
ADMINISTRATIVE REVIEW – application under Privacy and
Personal Information Protection Act 1998 – use and
disclosure of personal information – duration of disclosure
contravention - nature and content of disclosure - whether use as
well as disclosure – errors of fact and law.
AIN v Medical Council of New South Wales [2017]
NSWCATAP 22
ADMINISTRATIVE REVIEW – application under Privacy and
Personal Information Protection Act 1998 – collection of
personal information – meaning of lawful purpose –
failure to exercise jurisdiction by not addressing Appellant's
case on unlawfulness - disclosure of information – effect of
non-publication order.
AIN v Medical Council of New South Wales [2017]
NSWCATAP 21
ADMINISTRATIVE REVIEW – application under Privacy and
Personal Information Protection Act 1998 – access to
personal information – scope of application – meaning
of s 14 of PPIP Act – identification of matters relevant to
liability and remedy.
Harrington v Corrective Services New South Wales,
Department of Justice [2017] NSWCATAD 46
ADMINISTRATIVE LAW; Disability Discrimination; direct
discrimination; indirect discrimination; victimisation; application
for dismissal under s 55 of the Civil and Administrative
Tribunal Act 2013; lacking in substance; want of
prosecution.
In the matter of OneSteel Manufacturing Pty Limited
(administrators appointed) [2017] NSWSC 21
CONSTITUTIONAL LAW – legislative power – compulsory
acquisition of property – Constitution s 51(xxxi) –
whether PPSA s 267 is disapplied pursuant to PPSA s 252B –
whether s 267 effects an acquisition of property within s 51(xxxi)
– held, it does not effects an acquisition of property, but
if it does it is not one within the meaning of s 51(xxxi), because
it is not an acquisition for any purpose in respect of which the
Commonwealth has power to make laws, but for the grantor's own
purposes, and represents a genuine adjustment of the competing
rights, claims and obligations between owners of interests in
personal property – whether s 267 would be a valid exercise
of power under Constitution s 51(xvii) and s 51(xxxvii) if it
effected an acquisition of property within the meaning of s
51(xxxi) other than on just terms – held, although the heads
of power that support s 267 sufficiently manifest an intention that
at least to that extent they not be constrained by the indirect
operation of s 51(xxxi), PPSA s 252B nonetheless would disapply a
provision of PPSA if effects an acquisition of property within the
meaning of s 51(xxxi) other than on just terms regardless of its
constitutional validity – PPSA s 252B is not engaged, and so
does not affect the operation of s 267.
COSTS – departing from general rule – whether
unsuccessful defendant/cross-claimant acted unreasonably in
relation to litigation – failure to accept offers of
compromise made by successful plaintiff/cross-defendant –
prima facie entitlement to indemnity costs – whether Court
should order otherwise – Uniform Civil Procedure Rules
2005 (NSW) r 42.14, 42.15A.
'KO' and Australian Nuclear Science and Technology
Organisation (Freedom of information) [2017] AICmr
7
Freedom of Information — Whether reasonable steps taken to
locate documents (CTH) Freedom of Information Act 1982 s
24A.
'KN' and Department of the Prime Minister and Cabinet
(Freedom of information) [2017] AICmr 6
Freedom of Information — Whether material in documents
irrelevant to the request – Freedom of Information Act
1982 s 22.
'KM' and Department of Veterans' Affairs (Freedom
of information) [2017] AICmr 5
Freedom of Information — Whether reasonable steps taken to
locate documents (CTH) Freedom of Information Act 1982 s
24A.
'KL' and Department of Defence (Freedom of
information) [2017] AICmr 4
Freedom of Information — Access grant — Whether
disclosure of personal information is unreasonable — Whether
contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982 s
47F.
'KK' and Department of Veterans' Affairs (Freedom
of information) [2017] AICmr 3
Freedom of Information — Whether reasonable steps taken to
locate documents – (CTH) Freedom of Information Act
1982 s 24A.
Shales and Commonwealth Bank of Australia [2017] AATA
53
PRACTICE AND PROCEDURE – application for release from implied
undertaking of confidentiality – requirements of Tribunal
General Practice Direction Part 5 – whether special
circumstances exist – assistance to the Tribunal - respondent
released from the implied undertaking with respect to specified
documents. Administrative Appeals Tribunal Act 1975
– s 2 – s 33(1AA) – s 33(1AB).
Salt v State of Victoria [2017] VSC 6
STATUTORY INTERPRETATION – Crown immunity from suit in tort
– Whether statutory removal of Crown immunity in tort under
the Crown Proceedings Act 1958 (Vic) extends to personal
liability, or is limited only to vicarious liability –
Relevance of High Court's construction of the Judiciary Act
1903 (Cth) – Consideration of differing historical and
statutory contexts – Crown Proceedings Act 1958
(Vic) ss 23, 25 – Judiciary Act 1903 (Cth) s 64
– Hall v Whatmore [1961] VicRp 35; [1961] VR 225,
Project Blue Sky Inc v Australian Broadcasting Authority
(1998) 194 CLR 355 applied – Maguire v Simpson
[1977] HCA 63; (1977) 139 CLR 362, The Commonwealth v Evans
Deakin Industries Ltd [1986] HCA 51; (1986) 161 CLR 254,
Commonwealth v Mewett (1997) 191 CLR 471, Blunden v
Commonwealth of Australia (2003) 218 CLR 330, Soil
Conservation Authority v Read [1979] VicRp 55; [1979] VR 557
considered.
PRACTICE AND PROCEDURE – Reservation of proceeding or
question for the Court of Appeal – Plaintiff's
application for reservation of certain questions –
Supreme Court Act 1986 (Vic) s 17B(2) –
Construction, Forestry, Mining and Energy Union v Boral
Resources (Vic) Pty Ltd & Ors (2014) 318 ALR 107,
Collins v Black [1995] VicRp 26; [1995] 1 VR 409
applied.
Legislation
Transport Operations (Road Use Management) (Offensive
Advertising) Amendment Bill 2016
Introduced on 8/11/2016. Stage reached: Report from Committee on
2/02/2017.
Subordinate legislation as made – 27 January 2017
No 2 Land Court (Transitional) Regulation 2017 - The objective of this regulation, as stated in its explanatory notes, is to provide "greater certainty" to the Land Court in exercising functions or powers conferred on the court under certain "recommendatory provisions" [as defined in cl.3(3) of this regulation]. In particular, it "addresses issues arising from the decision in BHP Mitsui Coal Pty Ltd v Isdale [2015] QSC 107 ..., in which the Supreme Court found that matters that were referred to the Land Court under the Mineral Resources Act 1989 and the Environmental Protection Act 1994 were not 'proceedings' within the meaning of the Land Court Rules 2000, and that the court's functions in the exercise of this jurisdiction were of an administrative nature.
No 4 Liquor (Cairns CBD and Other 3a.m. Safe Night Precincts) Amendment Regulation 2017 - Liquor 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.