In the media
Law Council submission: The social and economic benefits
of improving mental health
The first half of the Law Council's submission
provides an insight into interactions between mental health and the
justice system, informed in part by the findings of the Law
Council's 2018 Justice Project. The second half of the
submission provided information on how the legal profession itself
is addressing mental health, and pointed to initiatives across
jurisdictions that seek to identify and respond to mental health
concerns within the legal profession (24 April 2019).
More...
'Results would be catastrophic': judge keeps man
who threatened to bomb PM behind bars
A man who said he would bomb prime minister Malcolm
Turnbull has become the first person in NSW to be kept behind bars
under new terrorism legislation, after a court found he poses an
"unacceptable risk" to the community (24 April 2019).
More...
It is now law – landholders to be reimbursed
during negotiations
Queensland landholders can be reimbursed for out of pocket
expenses incurred in negotiating conduct and compensation
agreements with a resource company - as of April 19 - regardless of
whether or not an agreement is reached (19 April 2019).
More...
Huawei's new P30 smartphone camera sparks privacy
concerns
Technology experts have so far been divided on the P30
Pro's unmatched photography capabilities – including 5x
optical zoom in addition to the digital zoom – with some
praising it as a "breakthrough" while others warn it
could present privacy and security dangers (17 April 2019).
More...
Australia's privacy authorities to forge closer
ties
Australia's privacy authorities have commenced a new
joint initiative aimed at further improving cooperation between
authorities on complaint handling and enforcement (17 April 2019).
More...
Privacy Authorities Australia statement in support of
complaint and enforcement cooperation
PAA was established in 2008 to be a forum for the sharing
of ideas, developments, resources and knowledge to improve the
collective information privacy capability of Privacy Authorities
across Australia. Following the success of the Policy Group, PAA
has commenced a new initiative directed at improving cooperation in
respect of their complaint handling and enforcement work (15 April
2019).
More...
In practice and courts
Law Council of Australia: Fortnightly update
The LCA have today (12 April 2019) published their
fortnightly newsletter. A full copy is available
here.
Law Council of Australia: Submissions
17 April 2019—Law Council.
Review of the Australian Human Rights Commission Regulations
1989 and the Disability Discrimination Regulations 19.
Review of Model Defamation Provisions: Discussion
paper
The purpose of defamation law is to balance protection
from reputational damage with freedom of speech, and the release of
information that's considered public interest. Each state and
territory enacted legislation to implement the provisions to ensure
greater national consistency.
The
Review of Model Defamation Provisions Discussion Paper [PDF,
700kb] includes specific questions about the Model Defamation
Provisions for your consideration; however, you are invited to
comment on any other matters related to the provisions. Submissions
close on 30 April 2019. The Model Defamation Provisions are
available on the Australasian Parliamentary Counsel's Committee
website here.
Practice Note SC CL 11 (Supreme Court Common Law
Division – Bail)
Commences on Monday, 3 June. The following applies to bail
applications filed prior to 3 June.
Applications filed by Private Practitioners and Legal Aid/ALS
(where representation is confirmed).
Bail applications filed between now and 31 May will be listed in a
call over on or before 3 June. No adjournments will be granted to a
call over after 3 June (18 April 2019).
More...
Amendment to the Uniform Civil Procedure Rules -
Amendment to rule 1.9
Commences 18 April 2019. The amendment makes it clear that
when an objection is made to the production of a document on the
ground of privilege, access to the document must not be granted
unless and until the objection is overruled, and that the
production of a document to the court under a claim for privilege
does not constitute a waiver of privilege. A copy of the amendment
is attached
here.
IPC NSW: Open Government information access
initiatives
The NSW Information Commissioner, Information and Privacy
Commission (IPC) CEO and Open Data Advocate, Ms
Elizabeth Tydd, recently released an update on her work on open
government initiatives under Australia's second Open Government
National Action Plan 2018-20 (OGNAP 2). For a full
update on the work of the NSW Information Commissioner and Open
Data Advocate in this area, please
click here (23 April 2019).
ICAC: Operation Skyline public inquiry directions
hearing 29 April 2019
The NSW Independent Commission Against Corruption
(ICAC) will hold a short directions hearing in
relation to the further progress of the Operation Skyline
investigation on Monday 29 April 2019 at 1:30 pm (26 April 2019).
More...
NSW Justice: Review of Model Defamation Provisions
The Defamation Working Party is seeking feedback on
defamation law in Australia, to assess how the legal principles
apply in the digital age and identify areas for national reform.
Submissions close on 30 April 2019.
Review of Model Defamation Provisions.
ICAC Discussion Paper: Enhancing the democratic role of
direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse). The discussion
paper is appended to an introductory paper,
The regulation of lobbying access and influence in NSW: a chance to
have your say, which also explains how to make a submission.
The closing date for consultation is 24 May 2019.
More...
Public Consultation: Review of Model Defamation
Provisions
The Defamation Working Party is seeking feedback on defamation law
in Australia, to assess how the legal principles apply in the
digital age and identify areas for national reform. Submissions
close on 30 April 2019.
Review of Model Defamation Provisions.
NSW LRC: Open Justice Review - Court and tribunal
information: access, disclosure and publication
The Attorney General has asked us to review the operation
of suppression and non-publication orders and access to information
in NSW courts and tribunals. See the
Terms of reference. The deadline for preliminary submissions
is 31 May 2019. Information about making a
submission may be found on our website:
Making a submission.
Cases
Gatt v State of New South Wales
[2019] NSWSC 451
ADMINISTRATIVE LAW – Judicial review –
decision by Appeal Panel – workers compensation –
grounds for medical appeal – whether Appeal Panel exceeded
limitation imposed upon powers – whether committed error of
reasoning – did Appeal Panel pose the wrong question –
was there denial of procedural fairness – grounds not made
out – plaintiff pay costs of defendant.
Richie Robles v Health Secretary in respect of Western
Sydney Local Health District [2019] NSWIRComm
1028
UNFAIR DISMISSAL – jurisdictional objections
– whether applicant resigned or was dismissed –
evidence inconsistent with intention to resign – employee
found to have been dismissed – whether application made out
of time – 17 days out of time – matters to be
considered in exercise of discretion – employer contribution
to delay – sufficient reason to exercise discretion to accept
application out of time PRACTICE AND PROCEDURE –
non-disclosure orders – orders made by consent.
Paul v Forestry Corporation of NSW
[2019] NSWCATAD 68
ADMINISTRATIVE LAW – government information
– refusal to deal with application – whether dealing
with the application would involve an unreasonable and substantial
diversion of resources – whether multiple applications are
related.
Office of Environment and Heritage v Scenic NSW Pty
Ltd [2019] NSWCATAP 87
PRACTICE AND PROCEDURE – joinder- where 3rd
parties object to government agency disclosing information under
Government Information (Public Access) Act 2009 –
where 3rd parties not parties to first instance decision on
jurisdiction – whether applicant for access appealed from
first instance decision – whether 3rd parties should be
joined to the appeal proceedings.
Thamotharampillai v National Accreditation Authority of
Translators and Interpreters Ltd [2019]
NSWCATAD 60
ANTI-DISCRIMINATION – Where complaint of
victimisation declined by President of Anti-Discrimination Board as
lacking in substance – Application for leave to proceed with
complaint -- Whether fair or just to grant leave.
Cappello v Roads and Maritime Services &
Anor. [2019] NSWSC 439
ADMINISTRATIVE LAW – legal effect of proposed
acquisition notice – statutory authority of Roads and
Maritime Service to acquire land under s 177 of Roads Act
– source of RMS's legal authority to acquire land.
STATUTORY INTERPRETATION – Roads Act 1993
– meaning of s 177 – construed to favour private
property rights – statutory power only enlivened after
identification of objective purpose of Act – purpose of the
Act are to be found in all the provisions of the statute – s
64 marker of a statutory purpose of Roads Act –
carry out functions of road authority with respect to proposed
tollway – s 71 – road works widely defined –
carry out roadwork – s 63 ministerial directions – all
functions of road authority, to the fullest extent possible to
become responsibility of RMS – proposed acquisition notice
authorised by law.
Legislation
Regulations and other miscellaneous instruments
Electoral
Funding (Adjustable Amounts) Amendment (Public Funding) Notice
2019 (2019-177) — published LW 26 April 2019
Electoral
Funding (Adjustable Amounts) Amendment Notice 2019 (2019-170)
— published LW 18 April 2019
Uniform
Civil Procedure (Amendment No 91) Rule 2019 (2019-171) —
published LW 18 April 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.
