In the media
Barrister Sam Di Carlo charged with perjury by
Queensland's CCC
High-profile barrister Sam Di Carlo has been charged by
Queensland's corruption body for allegedly lying during an
investigative hearing. The Crime and Corruption Commission
(CCC) has charged Di Carlo with two counts of
perjury, possessing ammunition without authority and unlawful
possession of restricted drugs (01 September 2017).
More...
(CCC) More...
"Marriage equality" has no basis in human
rights law
Mark Fowler says "marriage equality" is a slogan with no
support in law, citing the legal principle of equality, the
Queensland Law Society and the presidents of the Law Society of NSW
and NSW Bar Association have each released statements supporting
the redefinition of marriage (01 September 2017).
More...
ABA refutes claims by Immigration Minister regarding pro
bono legal assistance for asylum seekers
The claims by Immigration Minister Peter Dutton that lawyers who
provide pro bono legal assistance to asylum seekers are
'un-Australian' are unfortunate and incorrect, according to
the Australian Bar Association (ABA) (01 September
2017).
More...
ACNC and AUSTRAC: Strengthening NPOs against money
laundering and terrorism financing
A new report released today by Australia's financial
intelligence agency, AUSTRAC, and the ACNC, identifies significant
risks for non-profit organisations in relation to money laundering
and terrorism financing (28 August 2017).
More...
Minister for Justice joint media release: AUSTRAC and
ACNC Risk Assessment shows criminals are targeting charities and
non-profit sector
Australia's first risk assessment of charities and non-profit
organisations has revealed that the sector that is built around
helping the most vulnerable is being targeted by shameless
criminals (28 August 2017).
More...
Crowd strategy finds danger in numbers
A new national strategy for protecting crowds from terrorism has
been released by the Attorney-General's Department. This
'how to guide' will strengthen the existing cooperation
between Government and industry, providing clear guidance on where
owners and operators can go for threat information and protective
security guidance, and providing an overview of effective
protective security practices (29 August 2017).
More...
Copyright group to fix copy wrongs
A new policy group is to be established to monitor intellectual
property policies and provide fairer access to copyright material
under proposed changes to the nation's IP arrangements agreed
to by the Government. The reform measures will ensure that
Australia remains competitive in domestic and global marketplaces.
The Government's 25-page response to the Productivity
Commission's report can be accessed at this
PS News link (29 August 2017).
More...
Crime paying off at community's
expense
A report by the ACIC has revealed that organised crime is costing
the people of Australia $36 billion a year. The report, Organised
Crime in Australia 2017, offered the most contemporary picture of
serious and organised crime in the nation. ACIC's report can be
accessed at this
PS News link (29 August 2017).
More...
Invisible DNA to crack down on crime in
Geelong
A six-month synthetic DNA trial is about to get underway in Geelong
as part of a crime prevention plan by the Andrews Labor Government
to reduce residential burglaries. A key finding from successful
trials in the UK and New Zealand is that the DNA technology is a
deterrent to thieves (29 August 2017).
More...
Nothing 'un-Australian' about human rights, the
Constitution and the rule of law
The Immigration Minister's attack on lawyers and law firms as
'un-Australian' for providing pro bono legal assistance to
asylum seekers is regrettable and misguided, according to the Law
Council of Australia (28 August 2017).
More...
Federal Committee's Review of Political Donations
Commences
The Joint Standing Committee on Electoral Matters has
announced the start of its review of political donations, a review
that forms part of its more general inquiry into the Conduct of the
2016 Federal Election (28 August 2017). More...
Queensland legal centre vows to continue Adani
fight
A Queensland community legal centre will continue to examine the
lawfulness of Adani's Carmichael mega mine after the Federal
Court dismissed two bids to stop it from going ahead. Appeals
lodged by the Australian Conservation Foundation and traditional
land owner Adrian Burragubba were on Friday dismissed by the
Federal Court of Australia (26 August 2017).
More...
Government responds to PC Report on Australian IP
Arrangements
The Government has published its response to the Productivity
Commission's controversial Report on IP Arrangements in
Australia. The Government agrees in principle with a number of the
Commission's recommendations, such as those relating to
consumer access to content and parallel importation restrictions
for books. The Government will continue to work with industry to
reach solutions for consumers (25 August 2017).
More...
Windsor allowed to challenge Joyce as citizenship
hearing set for October
Barnaby Joyce's political nemesis will argue in the High Court
that the Deputy PM breached the constitution, as 10-12 October is
set down for a full hearing into Federal Parliament's dual
citizenship saga (24 August 2017).
More...
Organised Crime in Australia Report - a $36 billion a
year problem
The Organised Crime in Australia report released today confirms
that organised crime is costing Australia $36 billion a year. That
equates to $1,561 out of every individual Australian's pocket
and adds 6.3 per cent to the average cost of living (24 August
2017).
More...
Parole Board Queensland decision
"All decisions by Parole Board Queensland and its President
are made independently and without political interference,"
Minister for Corrective Services Mark Ryan has said (24 August
2017).
More...
CCC: Two Brisbane men to face fraud, forgery and
uttering offences
Two Brisbane men were today served with Notices to Appear in court
in relation to fraud, forge and utter charges following a Crime and
Corruption Commission (CCC) investigation (24
August 2017).
More...
CCC: Emerald man charged with child exploitation
offences
A 35-year-old Emerald man has been charged with child exploitation
and firearm offences following an investigation by the Crime and
Corruption Commission (CCC) (24 August 2017).
More...
Two new District Court Judges appointed
Attorney-General and Minister for Justice Yvette D'Ath has
announced the appointment of two new judges to the District Court
in Brisbane (24 August 2017).
More...
Laws already exist to handle so-called offences of
"industrial manslaughter": QLS
Queensland's peak solicitor body objects to the State
Government's plan to introduce the new criminal offence of
"industrial manslaughter", saying adequate laws already
exist to cover such behaviour. The QLS strongly advocates for
evidence-based legislation and there is no evidence to suggest that
such a new law will further deter either individuals or
corporations or show that current criminal laws have failed (23
August 2017).
More...
Family law inquiry 'will be critical' of courts
despite cancelling judges' hearings
Liberal MP Sarah Henderson says her committee investigating the
failings of the family law system will be critical of the sector,
despite not calling senior judges to give evidence (23 August
2017).
More...
Crime and Corruption Commission
For almost 30 years, Queensland has had a standing royal commission
based on the recommendations of the Fitzgerald Inquiry (23 August
2017).
More...
ID scanners keeping Queenslanders safe
The Attorney-General and Minister for Justice Yvette D'Ath has
welcomed the Queensland Police Commissioner's statement that
Crown Prince Frederik of Denmark was not denied entry to a Brisbane
licensed venue (22 August 2017).
More...
Palaszczuk Government seeks new offence of industrial
manslaughter
The Palaszczuk Government has introduced legislative changes to
create a new offence of industrial manslaughter in Queensland (22
August 2017).
More...
Palaszczuk Government to introduce landmark Building
Industry Fairness legislation
The Palaszczuk Government has introduced legislation to the
Queensland Parliament ushering in a new age of fairness in the
building and construction industry (22 August 2017).
More...
New authority to keep watch over serious
offenders
The Andrews Labor Government is establishing a new statutory
authority to keep watch over the state's most serious offenders
– a key recommendation of the Harper Review. The Serious
Sex Offenders (Detention and Supervision) Amendment (Governance)
Bill 2017 will be introduced into Parliament today to create
the Post Sentence Authority (22 August 2017).
More...
Federal Government proposes modern slavery in supply
chains reporting requirement
Minister for Justice Michael Keenan has announced that the Federal
Government is proposing to introduce legislation for businesses to
report annually on steps they have taken to address modern slavery
within their supply chains. The Federal Government has released a
discussion paper outlining their proposed legislative model and it
will be open for public comment until 20 October 2017 (21 August
2017). More...
In practice and courts
OAIC: Information governance for the information age:
OAIC Corporate Plan released
The Office of the Australian Information Commissioner
(OAIC) has released its Corporate Plan for
2017–18 — outlining its priorities and key success
factors (31 August 2017).
More...
HCA Bulletins
High Court of Australia Bulletin [2017] HCAB 06 (01
September 2017).
More...
Federal Court of Australia
Federal Court (Bankruptcy) Amendment (Insolvency and Other
Measures) Rules 2017
Federal Circuit Court (Bankruptcy) Amendment (Insolvency and
Other Measures) Rules 2017
The Rules will each take effect on 1 September 2017. The
first tranche of these, largely concerned with registration and
discipline of insolvency practitioners, commenced on 1 March 2017.
The second tranche deals with insolvency administration processes.
More...
The Management of Risk by Public Sector
Entities
ANAO; 15 August 2017 - The audit objective was to assess how
effectively the selected public sector entities manage risk.
More...
Legal Affairs and Community Safety Committee: Report No.
58, 55th Parliament - Corrective Services (No Body, No Parole)
Amendment Bill 2017
This report presents a summary of the Legal Affairs and Community
Safety Committee's examination of the Corrective Services
(No Body, No Parole) Amendment Bill 2017. The committee's
task was to consider the policy outcomes to be achieved by the
legislation, as well as the application of fundamental legislative
principles.
More...
Review of political donations commences
The Joint Standing Committee on Electoral Matters is conducting a
review into political donations as part of its inquiry into the
conduct of the 2016 election (22 August 2017). More...
Modern Slavery Consultation
The first step is an extensive consultation period with industry on
the Government's Modern Slavery in Supply Chains Reporting
Requirement discussion paper. The consultation paper is
available online at the
modern slavery consultation page on the Attorney-General's
Department website. The deadline for submissions is 20 October
2017.
More...
LCA Submissions
23 August 2017 - ASIC's Access to Telecommunications Intercept
Material.
More...
LCA: Australia's access to justice crisis laid bare:
national Justice Project releases papers
The Law Council of Australia has said that countless Australians
are being denied access to justice as its national Justice Project
moves into the
consultation phase.
Consultation papers, overseen by a Steering Committee of
eminent lawyers, academics and jurists including former High Court
Chief Justice, the Hon. Robert French AC, have been released today
for feedback. Submissions close on 30 September 2017.
More...
New Multicultural Access and Equity Plan for
2017–18
OSAUC has recently published the Multicultural Access and
Equity Plan for 2017–18 (16 August 2017).
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of
recent AAT decisions and information relating to appeals against
AAT decisions:
Issue No. 35/2017, 28 August 2017
Issue No. 34/2017, 21 August 2017
COAT National Registrars & Executive Officers
Conference
Save the date! 20 October 2017 in Adelaide.
More...
Australian Public Sector Anti-Corruption Conference
(APSACC) 2017
The Office of the Commonwealth Ombudsman is proud to partner with
the Australian Public Sector Anti-Corruption Conference
(APSACC) 2017. The conference will run from
14–16 November 2017 at The Westin, Sydney.
More...
Queensland
QLS: Equality before law
Queensland Law Society has released its position on the current
marriage laws in Australia. The policy position which states that
in our view, the discrimination currently facing same-sex couples
in the federal legislation constitutes a breach of fundamental
legal principles which requires rectification through legislative
amendment (25 August 2017).
More...
QLS: Invitation to provide comments
Practitioners are invited to provide their opinions and feedback as
Queensland Law Society policy committees prepare submissions on
legal topics for government inquiries (09 August 2017).
More...
OIC Queensland: Audit of privacy and mobile
apps
The OIC tabled its report on 22 August 2017 in Parliament on how
three Queensland government agencies meet their obligations under
the Information Privacy Act 2009 (Qld) when developing and
operating mobile apps. The audit identified good practice and areas
of improvement, and made recommendations for all government
agencies.
More...
OIC Queensland: Current cases
04/08/2017:
Williams and Queensland Police Service [2017] QICmr 28 (4
August 2017) | Office of the Information Commissioner
Queensland
02/08/2017:
Alsop and Redland City Council [2017] QICmr 27 (2 August
2017) | Office of the Information Commissioner Queensland
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Table date December 2017.
More...
QAO: Fraud risk management
The objective of the audit is to assess whether agencies
appropriately identify and assess fraud risks, and apply
appropriate risk treatments and control activities to adequately
manage their exposure to fraud risks. Tabling date is October 2017.
More...
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Tabling date is December 2017. More...
Published – articles, papers, reports
Recent developments and impending changes in practice
and procedures in the Federal Court
Presented to the 2017 Bar Association of Queensland Employment and
Industrial Relations Conference, on 27 August by Justice Collier.
More...
Charging for access to justice
Gino Dal Pont; 01 September 2017
The profession has responded in various ways, against a statutory
backdrop directed at regulating chargeable costs. Professional
discipline for overcharging nonetheless remains as a critical
vehicle to police illegitimate impediments in this regard.
More...
Notifiable Data Breaches
Adam Wakeling; 01 September 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017
makes it mandatory to report eligible data breaches to the Office
of the Australian Information Commissioner (OAIC)
and affected individuals. It takes effect on 22 February 2018
unless proclaimed sooner.
More...
Public Law Review, Vol 28 Pt 3 August
2017
The latest Part of the Public Law Review includes the following
content: Comments: "As Safe as Houses?: Commonwealth
Continuing Detention of High Risk Terrorist Offenders" –
Greg Carne; "The 'Always Speaking' Principle: Not
Always Needed?" – Jacinta Dharmananda; Speech:
"Chapter IV: The Inter-State Commission and the Regulation of
Trade and Commerce under the Australian Constitution" –
Stephen Gageler; and the following Articles: "Inside and
Outside Criminal Process: The Comparative Salience of the New
Zealand and Victorian Human Rights Charters" – Claudia
Geiringer; "Executive Power" – K M Hayne;
"Mistakes about Mistake of Fact: The New Zealand Story"
– Hanna Wilberg; and Developments.
Public Law Review update: Vol 28 Pt 3 [subscription access]
Journal of Civil Litigation and Practice, Vol 6 Pt 2
August 2017
The latest Part of the Journal of Civil Litigation and Practice
includes the following articles: "The Alluring Promises of
Technology-assisted Review" – Elijah Pear. Also in this
Part are the editorial Comments on "New Zealand
Lawyer-Litigants to be Treated Regarding Costs Just Like Other
Unrepresented Litigants" and "Miiko Kumar: General
Editor"; and Case Notes.
Journal of Civil Litigation and Practice update: Vol 6 Pt 2
[subscription access]
Cases
'MD'
and Department of Human Services (Freedom
of information) [2017] AICmr 78
Freedom of Information —Whether disclosure of personal
information unreasonable — Whether contrary to the public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5) and 47F.
llister
McCaffrey and Australian National University (Freedom
of information) [2017] AICmr 77
Freedom of Information — Whether document contains
deliberative matter prepared for a deliberative process —
Whether contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982 ss
11A(5), 47C.
Barbara
Stanistreet and Department of Health (Freedom
of information) [2017] AICmr 76
Freedom of Information — Whether disclosure would disclose
commercially valuable information — (CTH) Freedom of
Information Act 1982 s 47(1)(b).
Wilmar Sugar Pty Ltd v Blackwood [2017]
QSC 180
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – GENERALLY – where the applicant was the
operator of a sugar mill at which an employee died in a workplace
accident – where the applicant offered an undertaking to the
respondent pursuant to s 216 of the Work Health and Safety Act
2011 – where the respondent refused the undertaking and
continued its prosecution of the applicant – where the
applicant seeks statutory review of the respondent's decision
to refuse the applicant's undertaking –whether the
respondent failed to take into account relevant considerations
– whether the respondent committed an error of law –
whether the respondent failed to give proper reasons.
Nichols v Legal Services Commissioner [2017]
QSC 175
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – JURISDICTIONAL MATTERS – where the applicant
alleged breach of a Quistclose trust by a firm of solicitors and
subsequently made a complaint to the respondent – where a
delegate of the respondent investigated the complaint and
recommended to the respondent that the complaint be dismissed
– where the reasons of the delegate erroneously claimed that
no determination had been made as to the existence of a trust,
although that determination had been made by the Federal
Magistrates' Court – where the delegate stated that
existence of a trust was not a determination that could be made by
the respondent, although the respondent was empowered to permit
investigation of the issue with a view to establishing such a
proposition to be established before the Queensland Civil and
Administrative Tribunal – where the applicant seeks statutory
review of the decision to dismiss the complaint – whether the
respondent committed a jurisdictional error – whether the
respondent misapprehended or disregarded the nature of limits of
his functions or powers.
Body
Corporate for Clifton Views v Queensland Building and Construction
Commission [2017]
QCAT 285
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where body
corporate applied for review of decision to disallow insurance
claims made by lot owners – whether body corporate has
standing to apply for review – where hearing adjourned over
objection of party.
1770
Nominees Pty Ltd v Valuer-General [2017]
QCAT 284
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL JURISDICTION –
where an application was made to the Queensland Civil and
Administrative Tribunal for review of a decision, and for an
interim order, in relation to proceedings before the Land Court of
Queensland – where the application was rejected by the
Registrar – where the applicant sought a review of the
Registrar's decision – where the Registrar's decision
was confirmed.
Jimmy's
On the Mall Pty Ltd v Commissioner for Liquor and Gaming
Regulation [2017]
QCAT 282
STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND
DUTIES – CONSTRUCTION – CONFERRAL AND EXTENT OF POWER
– where statute contemplates that premises might be exempt
from the ID scanning obligations – whether power to exempt
premises is conferred on the Commissioner expressly or by
implication. GAMING AND LIQUOR – ADMINISTRATION –
LIQUOR LICENSING – OTHER MATTERS – where ID scanning
would apply to restaurant premises – where licensee requested
exemption for those premises or alternatively for an adjustment to
the regulated hours – whether the threshold for approval of
the requests is a high one – whether the requests should be
granted.
Bradshaw
v Moreton Bay Regional Council [2017]
QCAT 281
ADMINISTRATIVE REVIEW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – power to make
destruction order not concurrently with dangerous dog declaration
– where no further risk or non compliance identified –
where alleged warrant issued on invalid grounds.
Australian Conservation Foundation Incorporated v Minister for the
Environment and Energy
[2017] FCAFC 134
ADMINISTRATIVE LAW – appeal from a decision dismissing a
judicial review challenge – where the Minister's decision
was to approve a coal mine project – alleged error by the
Minister in failing to determine the "impact" of
combustion emissions on the Great Barrier Reef –
consideration of s 527E of the Environmental Protection and
Biodiversity Conservation Act 1999 (Cth) – where the
Minister's reasons reflect a proper discharge of his statutory
duty – appeal dismissed.
Burragubba v State of Queensland
[2017] FCAFC 133
ADMINISTRATIVE LAW – appeal from a decision dismissing an
application for judicial review under the Administrative
Decisions (Judicial Review) Act 1977 (Cth) – whether the
decision of the National Native Title Tribunal was induced by
circumstances analogous to fraud – whether the National
Native Title Tribunal failed in the discharge of its obligations by
ignoring the content of submissions made by the appellant and Ms
Bobongie.
Pintarich
v Deputy Commissioner of Taxation [2017]
FCA 944
ADMINISTRATIVE LAW – application for judicial review of a
decision by the Deputy Commissioner of Taxation to grant partial
remission of a general interest charge pursuant to s 8AAG of the
Taxation Administration Act 1953 (Cth) – where prior
to the impugned decision a letter had been sent to the applicant
– whether that letter evidenced the making of an earlier
decision to grant full remission of the general interest charge
– whether the impugned decision was ultra vires – where
applicant relied upon grounds in s 5(1)(c) and (d) of the
Administrative Decisions (Judicial Review) Act 1977 (Cth)
– whether the decision-maker lacked jurisdiction to make the
impugned decision – whether the decision was not authorised
by the enactment in pursuance of which it was purported to be
made.
INCOME TAX – application for remission of a general interest
charge on an income tax debt – whether decision to partly
remit charge vitiated by earlier purported decision to remit entire
charge.
Reaper
v Luxton [2017]
FCA 949
ADMINISTRATIVE LAW – application for review of Deputy
District Registrar's decision pursuant to r 2.26 of the
Federal Court Rules 2011 (Cth) to refuse to accept
documents for filing – where Deputy District Registrar formed
the view that documents were an abuse of process – whether
Deputy District Registrar took into account irrelevant
considerations – whether decision was legally unreasonable.
Administrative Decisions (Judicial Review) Act 1977 (Cth),
s 5.
Roadshow
Films Pty Ltd v Telstra Corporation Limited [2017]
FCA 965
COPYRIGHT – section 115A of the Copyright Act 1968
(Cth) – whether injunction should be granted requiring
carriage service providers to take reasonable steps to disable
access to online locations outside Australia infringing or
facilitating infringement of copyright –form of orders
– injunction granted - Copyright Act 1968 (Cth), ss
10, 115A, 126.
Fitzgibbon
v Turnbull [2017]
FCA 968
ADMINISTRATIVE LAW – freedom of information –
application for access to document (Coalition Agreement) –
claim by Minister that the document was not an official document of
the Minister within the meaning of s 4(1) of the Freedom of
Information of Act 1982 (Cth) – application to the
Administrative Appeals Tribunal for review of a decision by the
Information Commissioner holding that the document sought was not
an official document of a Minister – applicant applied at a
directions hearing in the Tribunal for an order that his legal
representatives be allowed to inspect the document as a matter of
procedural fairness under s 39 of the Administrative Appeals
Tribunal Act 1975 (Cth) – Tribunal had not at that stage
required the document to be produced for inspection and the
document had not been voluntarily produced to the Tribunal –
at that stage the Tribunal had not otherwise proposed to have
regard to the contents of the document – whether the Tribunal
erred in its interlocutory decision that it did not have the power
to order that the applicant's legal representatives be allowed
to inspect the document and, if the Tribunal did have that power,
that it would decline to exercise it – Held: application for
judicial review dismissed. Administrative Appeals Tribunal Act
1975 (Cth) ss 2A, 35, 37, 39; Freedom of Information Act
1982 (Cth) ss 4(1), 15, 55K, 57A, 63, 64.
Debra
Duncan and Australian Criminal Intelligence Commission (Freedom
of information) [2017] AICmr 75
Freedom of Information — Whether material obtained in
confidence — (CTH) Freedom of Information Act 1982 s
45.
'MC'
and Department of Defence (Freedom
of information) [2017] AICmr 74
Freedom of Information — Whether reasonable steps taken to
locate documents — Whether disclosure would have a
substantial adverse effect on the management or assessment of
personnel — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5), 24A, 47E(c).
'MB'
and Department of Human Services (Freedom
of information) [2017] AICmr 73
Freedom of Information —Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s 24A.
Philp v Nominal Defendant
[2017] NSWDC 223
LIMITATION OF ACTIONS – plaintiff is entitled to a grant of
leave to continue the present proceedings – whether the
proceedings should be dismissed on account of defendant's claim
of unsatisfactory explanation for delay;
PRACTICE AND PROCEDURE – issue of due inquiry and search to
be determined at the trial.
Burragubba v
Minister for Natural Resources and Mines [2017] QCA
179
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY
STATUTE – where the appellants were registered native title
claimants under the Native Title Act 1993 (Cth) (the
NTA) – where the National Native Title
Tribunal (NNTT) had determined that the grant
of mining leases over land the subject of the native title claim
could be done as a 'future act' under the NTA – where
the appellants sought judicial review of the NNTT determination
– where the first respondent decided to grant three mining
leases to the second respondent under the Mineral Resources Act
1989 (Qld) (the MRA) – where, in making
the decision, the first respondent concluded that native title
proceedings had been 'resolved', without consulting the
appellants, although the judicial review proceedings were reserved
pending judgment – where the MRA sets up a scheme for
objections to the grant of a mining lease to be made within a
limited time and for those objections to be considered by the Land
Court – where the appellants had not lodged an objection
under the MRA scheme – where the primary judge concluded that
the MRA provided a comprehensive code for affording procedural
fairness and had excluded the common law right to procedural
fairness – whether the MRA excluded the common law right to
procedural fairness – whether the first respondent was
referring to the native title claim being 'resolved' in the
sense of being extinguished or in the sense that the grant of a
mining lease could be done as a 'future act' under the NTA
– whether the first respondent was obliged to consult with
the appellants before concluding that the grant of a mining lease
could be done as a 'future act' under the NTA.
J
& K Homes Pty Ltd v Queensland Building and Construction
Commission [2017]
QCAT 269
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application made to review a decision under the Queensland
Building and Construction Commission Act 1991 (Qld) –
where scope of works previously amended by agreement and consent
order of the Tribunal – whether QCAT review jurisdiction
includes a power for QCAT to make ancillary orders requiring the
re-costing of a scope of works prepared for purposes of an
insurance claim under the statutory insurance scheme in the QBCC
Act – whether the circumstances surrounding the making the
consent order amending the scope of works by consent concludes the
Tribunal's review jurisdiction.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– OTHER MATTERS – where parties had agreed on a revised
scope of works and consent orders made to that effect – where
Tribunal considered meaning of the expression 'a decision about
the scope of works to be undertaken under the statutory insurance
scheme to rectify or complete tribunal work' as used in s
86(1)(g) of the Queensland Building and Construction Commission
Act 1991 (Qld) – whether the parties' agreement on a
revised scope of works, given effect by consent orders, rendered
the Tribunal functus officio.
Taylor & Sons Pty Ltd v Department of Justice and
Attorney-General [2017]
QCAT 268
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where claim
made against claim fund – where Chief Executive assessed
claim as out of time –whether prescribed form mandatory
provision – whether the tribunal should extend time.
Legislation
Commonwealth
Commonwealth
Grants Rules and Guidelines 2017
29/08/2017 - This instrument outlines the mandatory requirements
and better practice principles for all non-corporate Commonwealth
entities and third parties that undertake grant administration on
behalf of the Commonwealth, including Ministers, accountable
authorities and officials. It does not impose requirements on
grantees.
Queensland
Bills
Corrective
Services (No Body, No Parole) Amendment Bill 2017
Assent Date: 25/08/2017 Act No: Act No. 23 of 2017 Commences: Date
of Assent - See the
Act.
No 167
Jury Regulation 2017 - Jury Act 1995 – 25 August
2017 - As referred to in its explanatory notes, the objective of
the regulation is to replace the Jury Regulation 2007, due
to expire on 1 September 2017. The Jury Regulation 2017 will
provide for the same matters as contained in the current
regulation. However, the following minor and/or technical
amendments are made to: (a) enable persons aged 70 or more electing
to be eligible for jury service to provide notices by email. The
Jury Regulation 2017, other than Part 7, commenced on 2
September 2017.
No 168
Liquor Amendment Regulation (No. 1) 2017 - Liquor Act 1992
– 25 August 2017.
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.