Australia: Queensland Government Bulletin - 22 June 2016

Last Updated: 1 July 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

In the media

Palaszczuk Government plan to address domestic and family violence
The Palaszczuk Government has elevated its plan to address domestic and family with an almost $200 million investment package to boost domestic and family violence services over five years (14 June 2016). More...

Queensland lawyers divided on Human Rights laws
QLS president Bill Potts said the Society was grateful to have been given the privilege to speak at the hearing and admitted the introduction of these laws was a complex issue – with vastly varying views existing among the state's legal practitioners (08 June 2016). More...

Changes to vegetation clearance laws unjust and backward: QLS
The State Governments proposed changes to its land clearing laws were unjust and comparable to the Newman LNP Government's stance on anti-bikie laws, according to the Queensland Law Society (03 June 2016). More...

In practice and courts

Queensland Integrated Court Referrals system introduced
A new Queensland Integrated Court Referrals process is replacing the Queensland Courts Referral process and reinstates the operations of the Special Circumstances Court Diversion Program, a measure which Queensland Law Society called for prior to the 2015 state election. Implementation of the new system began in Brisbane on 30 May 2016 and will be rolled out across the state.

QLD: Titles Registry update – witnessing documents Further to Titles Registry Alert 125 and recent changes to part 60, paragraph 60-0390 of Land Title Practice Manual relating to witnessing instruments and documents outside Australia, additional information and resources regarding signing and witnessing requirements is now available online. More...

CCC: to examine whether publicising allegations of corrupt conduct is in the public interest
The CCC published a discussion paper today titled Making allegations of corrupt conduct public: Is it in the public interest? and is calling for public submissions to support the examination of this issue closing on 30 June 2016. More...

Queensland Current Inquiries

Examination of Portfolio Subordinate Legislation

Auditor-General Reports referred to the Committee for Consideration

Published – articles, papers, reports

Digital disruption: what do governments need to do?
Productivity Commission
This review sets a broader framing for the formal inquiries into Data Availability and Use, and Intellectual Property Arrangements (15 June 2016).

A report on misuse of council resources
Victorian Ombudsman: 08 June 2016
This Victorian Ombudsman report uses examples from three separate protected disclosure complaints to demonstrate that council property and resources are at risk of being seen as available for the private benefit of council employees. The investigation highlights the risk posed by a lack of effective policies, monitoring and enforcement by councils to prevent poor cultures and behaviour taking hold.

Cases – Queensland

Foster v Shaddock & Ors [2016] QCA 163
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where the appellant was unsuccessful in his application for judicial review of a decision of the third respondent – where the appellant submitted that the general rule that costs follow the event should be displaced pursuant to s 49 of the Judicial Review Act 1991 (Qld) – where the appellant was impecunious – where the review concerned a topic of clear public interest – where there was a reasonable basis for bringing the application – whether each party should bear their own costs of the appeal.

THE BUILDER v Queensland Building and Construction Commission [2016] QCAT 085
GENERAL ADMINISTRATIVE REVIEW – QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION – LICENCE – where licence suspended for failure to meet minimum financial requirements – where application for a stay – where evidence of company's financial information incomplete - whether balance of convenience favoured a stay.
COSTS – where undertaking to provide material before next hearing – where material not provided – where at the hearing company indicated an intention to enter voluntary liquidation – where no notice to the respondent – where respondent prepared extensive material for hearing – whether applicant caused disadvantage – where order for costs of the hearing.

Australian Leisure and Hospitality Group Pty Ltd v Commissioner for Liquor and Gaming [2016] QCAT 090
LIQUOR LICENSING – AFTER HOURS TRADING APPROVAL – CONDITIONS ON LICENCE – considerations in determining whether particular conditions regarding security arrangements should be imposed. ADMINISTRATIVE REVIEW- REASONS FOR DECISION – requirements for reasons for decision.

Palmer Petroleum Pty Ltd v BGP Geoexplorer Pty Ltd [2016] QCA 149
This is an appeal against an order dismissing an application made under s 459G of the Corporations Act 2001 to set aside a statutory demand. The amount demanded was a sum in excess of US$16 million and said to be owing under a contract between the parties. The appellant argued that the statutory demand should be set aside upon two bases. Whether court should order that the statutory demand be set aside. Dismissed.

Scott and Bird & Ors v Commissioner of State Revenue [2016] QSC 132
TAXES AND DUTIES – PAYROLL TAX – LIABILITY TO TAXATION – GROUPING OF EMPLOYERS – where second and third applicants were custodial trustees for the first applicants who in turn held property on trust for the beneficiaries of a self-managed superannuation fund – whether applicants were "carrying on a trust" and therefore to be regarded as carrying on a "business" as defined by s 66(d) of the Payroll Tax Act - where the applicants apply for judicial review of Commissioner's decision to refuse to exclude them from a group for the purposes of the Payroll Tax Act – whether the applicants are entitled to relief.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – whether Commissioner failed to take into account a relevant consideration by determining absence of employees irrelevant – whether Commissioner failed to take into account the first applicants role as trustees of superannuation fund – whether Commissioner erred by taking into account certain agreements, investments and loans between the first applicants and group entities.

Brisbane City Council v Amos [2016] QSC 131
LOCAL GOVERNMENT – POWERS, FUNCTIONS AND DUTIES OF COUNCILS GENERALLY – where Council commenced proceeding against defendant to recover unpaid rates and charges – where defendant disputes the rates and charges levied – whether the defendant is liable for unpaid rates and charges.
STATUTES – ACTS OF PARLIAMENT – REPEAL – SAVINGS AND TRANSITIONAL CLAUSES WITHIN REPEALING ACT – where Council argued the effect of transitional provision required validity of decision to be determined by repealing Act – whether necessary to have regard to the repealed Act to determine validity of decisions made under the repealed Act.

LIMITATION OF ACTIONS – LIMITATION ON PARTICULAR ACTIONS – MORTGAGES AND CHARGES – WHAT CLAIMS ARE WITHIN LIMITATION STATUTES – where defendant argued claim was an action to recover sum recoverable by virtue of an enactment under s 10(1)(d) – where Council argued claim was an action to recover a principal sum of money secured by a charge under s 26(1) – whether s 10(1)(d) or s 26(1) applied. LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – CONFIRMATION – ACKNOWLEDGEMENTS AND PROMISES TO PAY – where Council argued that action had fresh accrual on either acknowledgment or part payment by defendant – where defendant argued he reserved his rights and no such acknowledgment made out – whether contents of various correspondence amounted to express or implied admission of debt.

Legislation – Queensland


Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Assent Date: 14/06/2016 Act No: Act No. 31 of 2016 Commences: Date of Assent.

National Injury Insurance Scheme (Queensland) Bill 2016
Assent Date: 14/06/2016 Act No: Act No. 34 of 2016. Commences: see Act for details.

Legislation (Declaration) Amendment Bill 2016
Introduced on 14/06/2016 Stage reached: PASSED on 14/06/2016.

Appropriation (Parliament) Bill 2016
Introduced on 14/06/2016 Stage reached: 2nd reading to be moved on 16/06/2016.

Appropriation Bill 2016
Introduced on 14/06/2016 Stage reached: 2nd reading to be moved on 16/06/2016.

Bills Updated in the last week

Child Protection (Mandatory Reporting - Mason's Law) Amendment Bill 2016
Stage reached:Report from Committee on 8/06/2016.

Youth Justice and Other Legislation Amendment Bill 2016
Stage reached:Report from Committee on 6/06/2016.

Acts as passed 16 June 2016

No 31 Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Act 2016

No 34 National Injury Insurance Scheme (Queensland) Act 2016

Subordinate legislation as made

No 71 Liquor (Rapid Intoxication Drinks) Amendment Regulation (No. 1) 2016 - Liquor Act 1992 – Tabled 14 June 2016- The policy objective of the Regulation is to prescribe certain drinks as rapid intoxication drinks, and prescribe relevant exemptions, for the purpose of the statutory ban on the sale or supply of rapid intoxication drinks for the period between 12 midnight and 5am.

No 83: Proclamation commencing certain provision - Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 - 17 June 2016.

No 85: Justice Legislation (Fees) Amendment Regulation (No. 1) 2016 – 17 June 2016.

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.

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