Australia: Queensland Government Bulletin - 22 June 2016

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

Bills

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.