Australia: Queensland Government Bulletin – media releases, in practice and courts, articles, papers, reports, cases and legislation

Last Updated: 21 November 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, December 2018

In the media

Bar Association of Queensland elects first female president - statement from Attorney-General Yvette D'Ath
The Honourable Yvette D'Ath congratulated Rebecca Treston QC on being elected President of the Bar Association of Queensland on Friday. Ms Treston was elected unopposed as the Bar's first female President (02 November 2018). More...

Landmark judgment strengthens patients' rights in compulsory electroconvulsive treatment cases
The Supreme Court of Victoria has today made a landmark decision that strengthens the rights of mental health patients who are facing electroconvulsive treatment (ECT) or 'electro-shock treatment' against their will (01 November 2018). More...

QLS welcomes opportunity to consult on human rights
Queensland Law Society has welcomed the introduction of a Human Rights Bill in Queensland Parliament, after having discussed the proposal for a long time with lawyers on both sides of the fence. Society President Ken Taylor said that a working group has been formed to review the Bill and make relevant submissions (31 October 2018). More...

The ABA rejects the recent analysis of Federal Court judges' productivity
The Australian Bar Association (ABA) is concerned by recent attacks on Federal Court of Australia judges' productivity which portrays the process of justice in too simplistic terms (30 October 2018). More...

In practice and courts


QLS: You're invited to provide feedback – legal policy reform
Practitioners are invited to provide feedback as QLS policy committees prepare submissions for reviews of: (1) credit and financial services that target Australians who are at risk of financial hardship and (2) IP Australia Indigenous Knowledge Consultation. More...

First reading: QLS legal policy blog
Our latest articles include: Road to redress: how the Nation Redress Scheme in Queensland has developed over the last six years

OIC Queensland: Privacy Impact Assessment workshop – 26 November 2018
Participants will work through a hypothetical proposed new program that has significant privacy implications, with a focus on three elements: mapping personal information flows, identifying applicable privacy principles and ensuring compliance with the privacy principles. More...

Published - articles, papers, reports

The children's report
Freyana Irani, Amy Lamoin, Krista Lee-Jones; Australian Child Rights Taskforce: 01 November 2018
In this integrated report, the views of children and young people across Australia sit in close association with the contributions of 93 non-government organisations (NGOs) and subject matter experts committed to improving the protection, promotion and fulfilment of the rights of all children and young people in Australia. More...

Notifiable Data Breaches Quarterly Statistics Report: 1 July – 30 September 2018
Office of the Australian Information Commissioner: 30 October 2018
The quarterly statistics report on the Notifiable Data Breaches (NDB) scheme indicates 57 per cent of incidents were caused by malicious or criminal attack, and 37 per cent resulted from human error. 20 per cent of data breaches over the quarter occurred when personal information was sent to the wrong recipient, by email, mail, fax or other means. The report can be found here.

Australian Tribunals and Alternative Dispute Resolution: A Procedural Justice Perspective
Therese MacDermott, Denise Meyerson (2018) 37(4) Civil Justice Quarterly 443
This article explores the meaning of the concept of procedural justice in the context of the alternative dispute resolution (ADR) procedures of tribunals. It argues that procedural justice should be regarded as informing such procedures, and this can be achieved not simply by transposing the legal rules of procedural fairness as they are currently constructed, but by viewing these procedures through the lens of relational factors.


Aurizon Network Pty Ltd v Queensland Competition Authority & Ors (No 2) [2018] QSC 250
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – PARTIAL SUCCESS – where second respondents unsuccessful in opposing extension of time but successful in outcome of proceeding – where opposition to extension of time was significant part of submissions of second respondents – whether costs should be discounted.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where second respondents joined under Judicial Review Act 1991 (Qld) s 28 – whether second respondents to be characterised as intervenors – whether second respondents should have their costs – whether costs should be discounted.

Mirvac Queensland Pty Ltd v Chief Executive, Department of Aboriginal and Torres Strait Islander Partnerships [2018] QSC 248
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant is developing a residential subdivision development project – where the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA) imposes on the applicant a cultural heritage duty of care – where the applicant developed and sought approval of a cultural heritage management plan under the Act – where the applicant applies for judicial review of the respondent's decision on the grounds that it involved a number of errors of law – whether the respondent erred in law – whether the respondent's decision should be quashed or set aside – whether the respondent should be required to approve the applicant's cultural heritage management plan pursuant to s 107(3) of the ACHA.

Aurizon Network Pty Ltd v Queensland Competition Authority & Ors [2018] QSC 246
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – BIAS – APPREHENSION OF BIAS – where draft decision made on draft access undertaking under Queensland Competition Authority Act 1997 (Qld) in relation to central Queensland coal network rail infrastructure – where chair of authority about to be appointed chair of Port of Newcastle – where Port of Newcastle might benefit from reduction in throughput of central Queensland coal network rail infrastructure – where investigation being conducted and draft decision issued –where application for judicial review for apprehended bias – where applicants submit that interest in appointment as chair of Port of Newcastle might cause the fair-minded lay observer to reasonably apprehend that the authority might not bring an impartial mind to the conduct of the investigation of the draft access undertaking and 'decision' to issue the draft decision – whether hypothetical lay observer is taken to be aware of certain facts – whether facts known to hypothetical lay observer give rise to apprehension of bias TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – SUPERVISION – OTHER BODIES.

Yeeha Tours and Holidays Pty Ltd v Department of National Parks, Sport and Racing [2018] QCAT 345
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where decision made refusing a permit – where external review of decision sought - whether permit should be granted and original decision set aside.
ENVIRONMENT AND PLANNING – PARKS AND RESERVES – REGULATION OF ACTIVITIES WITHIN PARKS AND RESERVES – where permit sought to operate scenic flights within declared recreation area – where aircraft activities already occur – whether permit should be granted – whether proposed operation satisfactorily manages environmental and safety risks.




High Court of Australia (Fees) Amendment Regulations 2018
29/10/2018 - These regulations make consequential amendments to the High Court of Australia (Fees) Regulation 2012 following the High Court Amendment (Constitutional Writs and Other Matters) Rules 2018.



Civil Liability (Institutional Child Abuse) Amendment Bill 2018
Introduced into the Legislative Assembly on 31 October 2018.The objective of the bill, as referred to in the introductory speech is to amend the Civil Liability Act 2003, the Limitation of Actions Act 1974 and the Personal Injuries Proceedings Act 2002 in order to implement recommendations 89 to 94 of the Redress and civil litigation report of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Human Rights Bill 2018
Introduced into the Legislative Assembly on 31 October 2018.The objectives of the bill, as referred to in the explanatory notes, are to: establish and consolidate statutory protections for certain human rights; promote a dialogue about the nature, meaning and scope of human rights; rename and empower the Anti-Discrimination Commissioner Queensland as the Queensland Human Rights Commission.

Crime and Corruption and Other Legislation Amendment Bill 2018
Introduced into the Legislative Assembly 15 February 2018 The objectives of the bill are to:give effect to the Government's election commitment to widen the definition of 'corrupt conduct', and implement recommendations of the Parliamentary Crime and Corruption Committee Reports. The bill was passed with amendment on 1 November 2018.

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

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

Suzy Cairney
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”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions