In the media
New agreement on disability needed to improve the
wellbeing of people with disability
The Productivity Commission has called for a new National
Disability Agreement (NDA) between all Australian
governments to promote cooperation, enhance accountability and
clarify roles (1 February 2019).
More...
Facebook remains coy on plans for Australian election
advertising measures
Facebook will not be rolling out any special features to
prevent interference in March's NSW state election, but is
planning to announce a series of measures ahead of the upcoming
Federal election (30 January 2019).
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NSW custody statistics: Quarterly Update December
2018
New figures released by the NSW Bureau of Crime Statistics
and Research (BOCSAR) show that the NSW prison
population is continuing to show signs of decline (30 January
2019).
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NSW union election spending cap unconstitutional, High
Court finds
Laws slashing the amount of money unions are allowed to
spend on NSW state election campaigns are overturned by the High
Court because they place an "impermissible" burden on
free political speech (29 January 2019).
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Australian Law Reform Commission inquiry into class
action proceedings and third-party litigation funders
The Australian Law Reform Commission's final report
into class action proceedings and third-party litigation funders
has been publicly released after being tabled in Federal Parliament
(25 January 2019).
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Inquiry into Class Action Proceedings Final Report
On January 24 2019, the Attorney-General for Australia
tabled in Parliament the ALRC report, In Inquiry into Class Action
Proceedings and Third-Party Litigation Funders. The ALRC
recommends a Government review of statutory enforcement regimes for
regulators so to facilitate effective and consistent statutory
redress schemes—to fill gaps and create an alternative to
some class action proceedings (25 January 2019).
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Disgraced former NSW RSL president charged with
fraud
NSW Police charge Don Rowe with fraud offences and accuse
him of misusing his corporate credit card to cover personal
expenses during his 11-year tenure at the NSW RSL (23 January
2019).
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Report on Government Services
The Report on Government Services is a vital tool in
providing information to the community and holding all Australian
governments accountable for the effectiveness and efficiency of
government services. The 2019 Report continues this important
information provision. There remain, however, data limitations in
some key areas (22 January 2019).
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In practice and courts
Report on Government Services 2019: Part C, Chapter 7 -
Courts
The focus of this chapter is the court administration
functions of Australian and State and Territory courts. Data are
reported for the Federal Court, the Family Court of Australia and
the Federal Circuit Court, the criminal and civil jurisdictions of
the supreme courts (including probate registries), district/county
courts, magistrates' courts (including children's courts),
coroners' courts and the Family Court of WA (22 January 2019).
More...
New South Wales
Practice and procedure: New AVL Regulation
commences
The Evidence (Audio and Audio Visual Links) Amendment
(Bail Exemptions) Regulation 2019 (NSW) commenced on 25 January
2019. The object of this Regulation is to ensure that accused
detainees held in custody at the Newcastle Justice Precinct are not
required to appear physically before a court in bail proceedings.
More...
Practice and procedure: New rule for indexation of
amounts under the Uniform Law
The
Legal Profession Uniform General Amendment (Indexation) Rule
2019, made by the Legal Services Council pursuant to the Legal
Profession Uniform Law, was published on the Legislation NSW
website on 25 January 2019. The new rule provides the formula for
indexation of amounts pursuant to s 471 Legal Profession Uniform
Law, and commences on 1 July 2019.
New President of the NSW Court of Appeal
Prominent Sydney barrister Dr Andrew Bell SC will be
elevated to the bench of the Supreme Court and will replace
Governor-designate Justice Margaret Beazley AO QC as President of
the Court of Appeal (23 January 2019).
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New barristers' conduct rule
The Legal Services Council (LSC) has
published the Legal Profession Uniform Conduct (Barristers)
Amendment (Refusal of Briefs) Rule 2018. The new rule comprises r
101A of the Legal Profession Uniform Conduct (Barristers) Rules
2015 (r 101A) and replaces r 101(n). It commenced on 18 January
2019. More...
ICAC to hold public inquiry into allegations concerning
University of Sydney and contract security services providers
The will hold a public inquiry starting on Monday 11
February as part of an investigation it is conducting into
allegations concerning the University of Sydney, its contracted
security services provider Sydney Night Patrol & Inquiry Co Pty
Ltd (SNP Security) and SNP Security's
subcontractor, S International Group Pty Ltd (SIG)
(Operation Gerda) (25 January 2019).
More...
Prosecution outcomes and briefs with the DPP
Tables showing information about ICAC-related prosecution
outcomes, and briefs with the DPP.
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ICAC: Operation Dasha public inquiry adjourned to 29
January 2019
The Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council is adjourned to
Tuesday 29 January 2019.
More...
Consent in relation to sexual offences
The Attorney General has asked us to review s 61HA of the
Crimes Act 1900 (NSW) which deals with consent in relation
to sexual offences. The closing date for submissions was 1 February
2019 however you may still complete a brief survey that
covers the main issues raised in the consultation paper.
Published – articles, papers, reports
Review of the National Disability Agreement: Study
report
Productivity Commission: 01 February 2019
The report has found that a new National Disability Agreement
(NDA) between the Australian, State and Territory
Governments is needed to facilitate cooperation, enhance
accountability and clarify roles and responsibilities.
More...
Inquiry into Class Action Proceedings Final Report
ALRC: 25 January 2019
Third party litigation funders are not subject to any comprehensive
Commonwealth or state and territory regulation to address the
structure, operation and terms on which they participate in the
Australian legal system. The report raises complex issues which
will need thorough consideration and the Government will carefully
consider each of the report's recommendations.
More...
NSW Custody Statistics: Quarterly Update December
2018
BOSCAR: Embargo: Wednesday, 30 January 2019
Commenting on the findings, the Executive Director of the NSW
Bureau of Crime Statistics and Research (BOCSAR)
said the slowing growth in adult prisoner numbers was an
encouraging sign given the rapid build-up in prisoner numbers over
the last few years.
More...
Cases
Unions NSW v New South Wales [2019] HCA
1
CONSTITUTIONAL LAW (CTH) – Implied freedom of
communication on governmental and political matters – where s
29(10) of Electoral Funding Act 2018 (NSW)
("EF Act") substantially reduced cap on
electoral expenditure applicable to third-party campaigners from
cap applicable under previous legislation – where third-party
campaigners subject to substantially lower cap than political
parties – where s 35 of EF Act prohibits third-party
campaigner from acting in concert with another person to incur
electoral expenditure exceeding cap – where preparatory
materials to EF Act recommended reduction in cap for various
reasons, including that third parties should not be able to
"drown out" political parties, which should have a
"privileged position" in election campaigns – where
subsequent parliamentary committee report recommended that, before
reducing cap, government consider whether proposed reduced cap
would enable third-party campaigners reasonably to present their
case – where no evidence that such consideration was
undertaken – whether s 29(10) enacted for purpose compatible
with maintenance of constitutionally prescribed system of
representative government – whether s 29(10) necessary to
achieve that purpose – whether necessary to decide validity
of s 35.
DRD v Secretary Department of Family and Community
Services [2019] NSWCATAD 22
ADMINISTRATIVE LAW - Whether administratively reviewable
decision – where decision to change contact regime for child
in authorised care – where internal review has not occurred
or been sought in relation to the decision sought to be reviewed
– where no jurisdiction to review challenged decision.
Hanna v NSW Ministry of Health
[2019] NSWCATAD 21
ADMINISTRATIVE LAW – Government information public
access - refusal to deal with access application - substantial and
unreasonable diversion of resources.
Simiana v Harness Racing New South Wales
[2019] NSWSC 11
ADMINISTRATIVE LAW – Judicial review –
decision of Harness Racing New South Wales – procedural
fairness – manifest unreasonableness – whether
imposition of certain licence conditions ultra vires – error
established
Legislation
Proclamations commencing Acts
Justice Legislation Amendment Act (No 3) 2018 No 87
(2019-17) — published LW 25 January 2019
The object of this Proclamation is to commence amendments to the
Victims Rights and Support Act 2013 that enable the
Commissioner of Victims Rights to provide funding from the Victims
Support Fund.
Regulations and other miscellaneous instruments
Children
and Young Persons (Care and Protection) Amendment (Prescribed
Bodies) Regulation 2019 (2019-43) — published LW 1
February 2019
Criminal
Procedure Amendment (Child Sexual Offence Evidence Pilot Scheme)
Regulation 2019 (2019-44) — published LW 1 February
2019
Criminal
Procedure Amendment (Penalty Notices for Drug Possession)
Regulation 2019 (2019-22) — published LW 25 January
2019
Evidence
(Audio and Audio Visual Links) Amendment (Bail Exemptions)
Regulation 2019 (2019-24) — published LW 25 January
2019
Legal
Profession Uniform General Amendment (Indexation) Rule 2019
(2019-25) — published LW 25 January 2019
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.