The latest Queensland Government news
In the media
Cracking Down On Drunk, Drugged Drivers
In Victoria, the Andrews Labor Government is cracking down on some
of the most dangerous drivers, who mix alcohol above the legal
limit with illicit drugs and then get behind the wheel, with new
legislation in force from 01 August 2015(12 July 2015).
More...
Alleged president of Queensland's Mongols outlaw
bikie gang denied bail
Queensland's police investigation into the alleged state
president of the Mongols motorcycle gang has been criticised by a
Brisbane Magistrate when denying the man bail (09 July 2015).
More...
Chief Justice Resigns in Queensland
Attorney-General Yvette D'Ath and Chief Justice Tim Carmody
have jointly announced that the Chief Justice has resigned, and
will retain his standing as a Judge of the Supreme Court. Ms
D'Ath has confirmed that the Chief Justice position will be
filled by an existing member of the court (01 July 2015).
More...
CCC media statement: Update on investigation into
cocaine-trafficking syndicate
In light of recent media reports, the CCC has determined that it
is in the public interest, and in the interests of fairness, to
issue an updated statement clarifying information about its
investigation into a cocaine-trafficking syndicate (01 July 2015).
More...
Strengthening Legal Advice to the
Commonwealth
Today the Australian Government completed the consolidation of the
Australian Government Solicitor into the Attorney-General's
Department. The Judiciary Amendment Act 2015 supports the
consolidation by ensuring that there is minimal disruption to the
operations of AGS and that it maintains its independent functional
identity and name. (01 July 2015).
More...
Crime and Corruption Commission temporary appointments
in Qld
Attorney-General and Minister for Justice Yvette D'Ath has
announced a series of temporary appointments to the Crime and
Corruption Commission. Mrs D'Ath said the terms of four CCC
officers acting in their roles - the chairperson, chief executive
officer and two commissioners - expire today (30 June 2015).
More...
In practice and courts
OAIC: Guide to privacy regulatory action
The OAIC has released a new
Guide to privacy regulatory action to support the
Privacy regulatory action policy released in November
2014. The Guide sets out a detailed explanation of how the OAIC
will exercise its privacy regulatory powers and the procedural
steps the OAIC will take in using these powers (01 July 2015).
More...
OIC QLD: What to do when you've been consulted as a
third party
This Information Sheet will assist consulted third parties to
understand their rights and obligations, the limitations of the
consultation process, and their rights of review (30 June 2015).
More...
OIC QLD: How to review and measure your agency's
progress in implementing RTI and IP
This guideline provides insight into how the Office of the
Information Commissioner measures an agency's compliance with
the Right to Information Act 2009 (Qld) and the Information Privacy
Act 2009 (Qld) (30 June 2015).
More...
Published – articles, papers, reports
Judicial Paper: Is access to justice a right or a
service?
The Federal Court has released
Is access to justice a right or a service? (a paper presented
by Justice Steven Rares at the Access to Justice - Taking the
Next Steps symposium held at Monash University, presented on
26 June 2015. More...
Cases
Huntley v State of NSW, Department of Police and
Justice (Corrective Services NSW) [2015] FCCA
1827
HUMAN RIGHTS – Disability discrimination – whether
respondent failed to provide reasonable adjustments – whether
applicant was unable to perform inherent requirements of the
employment position – whether respondent breached terms of
employment contract. Australian Human Rights Commission Act
1986 (Cth), ss.46PH, 46PO. More...
Baboolal v Fairfax Digital Australia and New Zealand
Pty Ltd & Ors [2015] QSC 196
DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING –
QUEENSLAND – where the plaintiff is a specialist physician
and was the executive director of a large public hospital –
where the first defendant published three separate news articles,
one with reader comments, which the plaintiff alleges contained
numerous defamatory imputations of and concerning the plaintiff
– where the first defendant applied to strike out 33 pleaded
imputations pursuant to r 171(2) of the Uniform Civil Procedure
Rules 1999 (Qld) – whether the pleaded defamatory
imputations are reasonably capable of being conveyed –
whether some pleaded defamatory imputations ought to be pleaded in
the alternative – whether the first article contains an
antidote to the alleged bane constituting the remainder of the
first article. More...
Sunshine Coast Regional Council v Earthpro Pty Ltd
& Ors [2015] QSC 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the
adjudicator was mistaken about claim dates - where the adjudicator
decided claims based on information not provided by either party -
where the applicant claimed that the adjudicator failed to have
proper regard to submissions made - whether the adjudicator's
actions amounted to procedural unfairness. CONTRACTS –
BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION
– STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF
PROGRESS PAYMENTS – OTHER MATTERS - where part of an
adjudication decision is affected by jurisdictional error - where
the proceeding to challenge the adjudicator's decision was
brought before the Building Construction Industry Payment Act
2004 ("the Act") was amended to include s.100(4) -
whether s.100(4) of the Act applies to the proceeding. ESTOPPEL
– ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF
ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was
unsuccessful in a previous adjudication - where the respondent
brought a new claim based on similar facts using a different
contractual clause - where the respondent adduced new evidence -
whether the adjudicator was bound by an issue estoppel - whether
the parties to the adjudication were bound by a decision of a
previous adjudicator. More...
Speedy v Queensland Building and Construction Commission
[2015] QCAT 245
GENERAL ADMINISTRATIVE REVIEW – PERMITTED INDIVIDUAL –
where relevant event was administration of company – where
circumstances were inability to pay creditors and recover money
owing from debtors –– whether individual took
reasonable steps – where appropriate provision not made for
taxation debts - where loans to related entities while having
outstanding tax liabilities – where steps to recover amounts
owing not sufficient – where no attempt to examine debtor
finances, negotiate more favourable payment arrangements or seek
further security. D'Arro v. Queensland Building and
Construction Commission [2015] QCAT 100 Ernst v. Building
Services Authority [2011] QCATA 155 Papallo v Queensland
Building Services Authority [2012] QCAT 59 Walker v.
Wimborne (1976) 137 CLR 1 Younan v Queensland Building
Services Authority [2010] QDC 158. More...
Bielefeld v The Commissioner of State Revenue
[2015] QCAT 222
GENERAL ADMINISTRATIVE REVIEW - FIRST HOME OWNER GRANT
––– whether 'eligible transaction' -
whether 'home' – where applicant contracted for
builder to undertake building work - where builder used relocated
house - where applicant did not buy house 'fixed to land'
– whether 'new home' – whether home
'previously occupied or sold as a place of residence' -
where building could not have been 'lawfully used as place of
residence' and was not a 'suitable building for use as
place of residence' - where substantial change to building
– whether 'substantially renovated' home –
whether 'contract for the purchase of the home' requires
acquiring a 'relevant interest in land' to determine
'substantially renovated' – where no express words to
that effect – whether 'comprehensive home building
contract' – where building contract from deposit to
completion. In re Jose [1941] SASR 26O'Neill v.
Commissioner of State Revenue [2014] QCAT 482. More...
DT & Anor v Department of Justice and
Attorney-General - Industry Licensing Unit & Anor [2015]
QCAT 228
GENERAL ADMINISTRATIVE REVIEW – Tattoo Parlours Act
2013 – where review of decision to refuse a licence
– preliminary issue – where issue is whether
information relied on by the Police Commissioner in making an
adverse security determination correctly categorised as a criminal
intelligence report or other criminal information mentioned in s
20(3) of the Tattoo Parlours Act 2013 – where
meaning of 'criminal intelligence report' and 'other
criminal information' considered. DT and Another v
Department of Justice and Attorney General, Industry Licensing and
Another [2014] QCAT 694 AVS Group of Companies Pty Ltd v
Commissioner of Police [2010] NSWCA 81 AVS Group Australia
Pty Ltd v Commissioner of Police (No. 2) [2014] NSWCATAP
53Kioa v West (1985) 159 CLR 550 Warren Wurridgal v
The Commonwealth (2009) 237 CLR 309. More...
Legislation
Queensland
Subordinate legislation as made
No 68:
Proclamation repealing previous proclamation
Criminal Law (Criminal Organisation Disruption) and Other
Legislation Amendment Act 2013 – 06 July 2015.
Amends the Criminal Law (Criminal Organisation Disruption) and Other Legislation Amendment Act 2013 – 06 July 2015 - The Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment (Postponement) Regulation 2014, SL No. 91 is repealed.
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.