In the media
Queensland lockouts laws could be shelved
The Queensland Government has said that if the first stage of its
plans to reduced late-night violence proves effective, the second
stage of changes, which include 1am lockouts, may not be introduced
(10 January 2017).
More...
Accountant charged after allegedly defrauding sport club
of $465,000
An accountant who served as the president of a central Queensland
sporting club has been charged with defrauding the club of almost
$500,000 (06 January 2017).
More...
Alleged bikie vows to fight charges laid under
Queensland's new organised crime laws
The first alleged bikie charged with wearing outlaw motorcycle gang
colours or paraphernalia under Queensland's new serious and
organised crime laws vows to fight the charges (23 December 2016).
More...
Department charged over Ravenhall riot
Following a comprehensive investigation into the riot at the
Ravenhall Metropolitan Remand Centre in June 2015, WorkSafe has
charged the Department of Justice and Regulation with four breaches
of the Occupational Health and Safety Act 2004 (21
December 2016).
More...
Vivid Festival risk assessment 'fundamentally
flawed', inquest into drowning death finds
An inquest into the drowning death of Irishman Brendan Hickey
during Sydney's Vivid festival in 2014 finds a risk assessment
for the event did not identify the risk posed by the water's
open edge (22 December 2016).
More...
Alleged bikie charged under tough new Palaszczuk
Government laws
An alleged Mongols Outlaw Motorcycle Gang (OMCG) member has today
been the first person to be charged for wearing prohibited items in
public under the Palaszczuk Government's tough new Serious and
Organised Crime laws (16 December 2016).
More...
New regulations protect Queensland coal miners'
health
A suite of health and safety reforms will become law on 1 January
to protect Queensland coal miners from black lung disease. Minister
for Natural Resources and Mines Dr Anthony Lynham said coal health
and safety laws would see dust levels made public, compulsory
health checks for underground and above-ground miners and
compulsory reporting of black lung cases to government (16 December
2016).
More...
CCC recommends limitation on publicising allegations of
corrupt conduct during local government elections
The Crime and Corruption Commission (CCC) has recommended the
government consider making it an offence for any person to
publicise allegations of corrupt conduct against a councillor or
candidate during a local government election period, without first
notifying the CCC and allowing at least three months to determine
whether the allegations have merit (12 December 2016).
More...
In practice and courts
Attorney-General Appointments announced for
2017
Appointments to the Administrative Appeals Tribunal
17 appointments to the Administrative Appeals Tribunal have been
announced.
Appointment to the Federal Circuit Court
The appointment of Ms Amanda Tonkin to the Federal Circuit Court of
Australia has been announced. She will commence in the Canberra
Registry on 1 January 2017.
Appointment of Solicitor-General
His Excellency the Governor-General has accepted the advice of the
Government to appoint Dr Stephen Donaghue QC as Solicitor-General
of the Commonwealth of Australia.
QLD: Supreme Court Justice Appointed
Justice Minister Anthony Lynham has announced the appointment of
Susan Brown as a Justice of the Supreme Court of Queensland (15
December 2016).
Justice Minister's media release
QLS's media release
Published – articles, papers, reports
The Honourable Justice Stephen Gageler, The Equitable
Duty of Loyalty in Public Office (2016)
Chapter in Bonyhady (ed,) Finn's Law: An Australian Justice,
(Federation Press, 2016).
Cases
Environmental Justice Australia and Department of
Natural Resources and Mines [2016] QICmr 49
ADMINISTRATIVE LAW – RIGHT TO INFORMATION – REFUSAL OF
ACCESS – EXEMPT INFORMATION – BREACH OF CONFIDENCE
– bank guarantee - whether disclosure would found an action
for breach of confidence – whether information is exempt
under sections 47(3)(a) and 48 and schedule 3, section 8 of the
Right to Information Act 2009 (Qld).
ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS -
CONTRARY TO PUBLIC INTEREST INFORMATION - bank guarantee -
affecting confidential communications - whether disclosure would,
on balance, be contrary to the public interest under section 49 of
the Right to Information Act 2009 (Qld) - whether access
to information may be refused under section 47(3)(b) of the
Right to Information Act 2009 (Qld).
Delfinos
Bay Resort CTS 7168 v Commissioner, Queensland Fire and Emergency
Services [2016] QCAT 496
GENERAL ADMINISTRATIVE REVIEW - review of decision to issue notice
of non-compliance – where certificate of approval issued
previously – where no change made to structure –
whether issued certificate based on correct plans – whether
previous decision binds current decision makers.
Qld
Cooper Shale Pty Ltd & Ors v Minister for Natural Resources and
Mines [2016] QCA 352
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – where the appellants sought
exploration permits for "oil shale" under the Mineral
Resources Act 1989 (Qld) – where the respondent refused
the applications for the exploration permits – where the
appellants made applications for judicial review of the decisions
to refuse to grant the exploration permits – where one of the
grounds of review alleged was that the decision-maker made an error
of law – where the appellants submitted that the appellant
had made an error of law in considering that "fracking"
did not fall within the definition of "chemical process"
within s.10 of the Petroleum and Gas (Production and Safety)
Act 2004 (Qld) – where the decision-maker's
conclusion was based on technical advice which indicated that oil
shale could not, as a matter of geology, exist in the relevant
areas and that the kind of activities that the Mineral
Resources Act 1989 (Qld) might authorise were a physical
impossibility – whether the decision-maker was permitted by
the statutory regime to seek satisfaction as to the mineral
actually being targeted by the appellants – whether the
definition of petroleum in s.10(1) of the Petroleum and Gas
(Production and Safety) Act 2004 (Qld) was imported into the
MRA – whether it was necessary to consider the proper
characterisation of "fracking" – whether the
decision-maker made an error of law.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT CONSIDERATIONS – where the
appellants sought exploration permits for "oil shale"
under the Mineral Resources Act 1989 (Qld) – where
the respondent refused the applications for the exploration permits
– where the appellants made applications for judicial review
of the decisions to refuse to grant the exploration permits –
where one of the grounds of review alleged was that the
decision-maker took into account an irrelevant consideration
– where the decision-maker considered that the appellants had
not provided sufficient geological information to support the
existence of "oil shale" as defined in the Mineral
Resources Act 1989 (Qld) in the target area – where the
appellants contended that the decision-maker's view that there
was insufficient evidence to establish the existence of oil shale
was an irrelevant consideration in that it required one to
demonstrate "oil shale" exists in order to determine
whether "oil shale" exists – whether the
decision-maker was entitled to seek satisfaction that what the
appellants were targeting was a mineral for the purpose of
exploration under the Mineral Resources Act 1989 (Qld)
– whether the decision-maker took an irrelevant consideration
into account.
Conquest
& Anor v Bundaberg Regional City Council [2016] QCA
351
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND –
POWERS OF COURT – COSTS – where the applicants were
found guilty of an offence against s 4.3.15 of the Integrated
Planning Act 1997 (Qld) for failing to comply with an
enforcement notice – where the District Court dismissed their
appeals – where the applicants applied for leave to appeal
under s 118 of the District Court of Queensland Act 1967
(Qld) – where the application for leave to appeal under s 118
of the District Court of Queensland Act 1967 was refused
– where the respondent departed from the position it had
adopted in the Magistrates Court and the District Court –
whether there is ground for departing from the ordinary rule that
costs ought follow the event.
Devi
v Workers Compensation Regulator [2016] QSC
311
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT CONSIDERATIONS – where the
applicant applied to the respondent for an extension of time
– where the respondent has a statutory power to grant an
extension of time if "special circumstances" exist
– where the respondent refused that application – where
the applicant applies to this Court for a statutory order of review
of the respondent's decision to refuse her an extension of time
– where the applicant submits the respondent took into
account considerations irrelevant to whether "special
circumstances" existed – whether the respondent took
into account irrelevant considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – RELEVANT CONSIDERATIONS – where the applicant
applies to this Court for a statutory order of review of the
respondent's decision to refuse her an extension of time
– where the applicant submits the respondent failed to take
into account considerations relevant to whether "special
circumstances" existed – whether the respondent failed
to take into account relevant considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – OTHER CASES – where the applicant applies to
this Court for a statutory order of review of the respondent's
decision to refuse her an extension of time – where the
applicant submits the respondent, in reaching its decision,
exercised a discretionary power in accordance with a rule or policy
without regard to the merit of the case – whether the
respondent had regard to the merits of the case in reaching its
decision.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – where the applicant applies to
this Court for a statutory order of review of the respondent's
decision to refuse her an extension of time – where the
applicant submits the respondent's decision involved an error
of law by failing to apply the correct statutory test –
whether the respondent's decision involved an error of law.
Critchley
v Schlumberger Oilfield Australia Pty Ltd [2016] QDC
338
MAGISTRATES – COMMENCEMENT OF PROCEEDINGS – GENERALLY
– where complaint and summons were made to prosecute offences
under the Radiation Safety Act 1999 (Qld) – where
the Magistrate struck out the complaint for failure to disclose an
offence known to law – whether the complaints were properly
and sufficiently pleaded – if not, whether the complaints
were capable of amendment.
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.