In the media
Open justice review
The NSW Law Reform Commission is inviting preliminary
submissions to the review of laws that regulate access, disclosure
and publication of information in NSW courts and tribunals (07 May
2019).
More...
Community Corrections Order for Sydney member of terror
group
On 7 May 2019, the NSW Supreme Court sentenced 40 year-old
Renas Lelikan to a three-year Community Corrections Order for being
a member of the Kurdistan Workers Party (PKK),
which has been a proscribed terrorist organisation in Australia
since 17 December 2005 (07 May 2019).
More...
All drink drivers to lose their licence on the
spot
Motorists caught drink-driving in NSW, including low-range
offenders, will now lose their licence immediately (06 May 2019).
More...
Funding for community legal centres to help more people
in NSW
Dozens of community legal centres (CLCs)
across the state will receive an increase in funding to help people
who need free legal services, including victims of domestic and
family violence (04 May 2019).
More...
More free legal help for domestic violence victims in
NSW
Victims of domestic and family violence will be among the
55,000 vulnerable people each year who will benefit from more than
$40 million in funding for the state's community legal sector,
Attorney General and Minister for the Prevention of Domestic
Violence Mark Speakman has announced (03 May 2019).
More...
In practice and courts
NSW Law Reform Commission Open justice review: Call for
submissions
The review will consider the operation of suppression and
non-publication orders to determine if the current laws strike the
right balance between the proper administration of justice; the
rights of victims and witnesses; the right to a fair trial; privacy
and confidentiality; public safety and public interest, and
commercial interests and national security. The deadline for
preliminary submissions is 31 May 2019 (07 May 2019).
More...
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.
More...
This May the Information & Privacy Commission
supports Information Awareness Month 2019
Information Awareness Month is an annual collaborative
event with the aim is to increase public awareness of information
and its place in all aspects of our day-to-day lives (02 May 2019).
More...
ICAC: Corruption Matters newsletter - latest
edition
Read the latest stories including our lobbying
consultation, our report on the state of NSW corruption, why town
planning is a recurring issue and how to address it (03 May 2019).
More...
ICAC Operation Skyline public inquiry to resume from
Monday 6 May 2019
The NSW Independent Commission Against Corruption's
(ICAC) Operation Skyline public inquiry into
allegations concerning the Awabakal Local Aboriginal Land Council
resumed from 6 May 2019.
More...
ICAC brings corruption prevention program to New England
region
The NSW Independent Commission Against Corruption
(ICAC) will visit the New England region next week
as part of its rural and regional outreach program to bring
anti-corruption initiatives and training (01 May 2019).
More...
ICAC to hold public inquiry into allegations concerning
RMS employees' awarding of contracts
The NSW Independent Commission Against Corruption
(ICAC) will hold a public inquiry starting on
Monday 20 May 2019 as part of an investigation it is conducting
into allegations concerning two Roads and Maritime Services
(RMS) employees and how they exercised their
official functions when awarding contracts (30 April 2019).
More...
ICAC: Managing conflicts of interest in the NSW public
sector
This publication provides guidance in identifying and
managing conflicts of interest (30 April 2019).
More...
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...
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.
More...
Published – articles, papers, reports
Australian government contract management guide
Department of Finance (Australia); Government of
Australia: 07 May 2019.
This guide replaces the Australian National Audit Office's
Developing and Managing Contracts Better Practice Guide. It has
been refocused to provide practical process guidance at a
practitioner level for Commonwealth officials who manage contracts.
More...
Making content accessible: a guide to navigating
Australian copyright law for disability access
Jessica Coates, Libby Baulch, Fiona Phillips; Australian
Inclusive Publishing Initiative: 03 May 2019.
Making content accessible: a guide to navigating Australian
copyright law for disability access is a guide which provides a
simple summary of the copyright law governing access to material
for people with a disability in Australia. More...
Cases
Lazarus v Independent Commission Against
Corruption [2019] NSWCA 100
JUDICIAL REVIEW - supervisory jurisdiction - orders
of District Court on appeal from Local Court - appeal against
conviction - where appellant failed to appear and appeal summarily
dismissed - whether jurisdictional error.
JUDICIAL REVIEW - supervisory jurisdiction - orders of District
Court on appeal from Local Court - appeal against sentence - where
judge correctly understood extent of available evidence - where
evidence from trial voluminous - where parties directed to put
material relied on before the Court - where parties had sufficient
opportunity to do so - whether jurisdictional error.
CIVIL PROCEDURE - recusal application - apprehended bias - where
judge expressed preliminary view as to prospects of success of
judicial review proceeding in interlocutory application to vacate
hearing date - no basis for reasonable apprehension of bias - no
question of principle.
STATUTORY INTERPRETATION - statute assumes existence of power -
necessary implication - power impliedly conferred.
Heli-Aust Pty Limited v Civil Aviation Safety
Authority [2019] NSWSC 506
PRACTICE AND PROCEDURE - Discovery - Statutory
prohibition on disclosure - Whether the documents contain
"privileged information" -hether the documents disclose
the contents of a draft report - Whether the documents contain
"restricted information" - Whether the documents contain
"protected confidences" - Transport Safety
Investigation Act 2003 (Cth) - Evidence Act
1995 (NSW).
Service Today (NSW) Pty Ltd & Magerovski v
Commissioner for Fair Trading [2019] NSWCATAP
113
ADMISTRATIVE LAW - review of decision to cancel
licenses under the Home Building Act, 1989 - denial of
procedural fairness - review of answers given to show cause notice
- use of subsequent evidence to demonstrate answers false or
misleading - penalty - reference to cases - parity principle.
DQI v NSW Trustee & Guardian
[2019] NSWCATAD 75
ADMINISTRATIVE LAW - Protective Jurisdiction -
Welfare and Interest - Paramount consideration - Gifting from
estate of protected person.
Nguyen v Roads and Maritime Services
[2019] NSWCATAD 80
ADMINISTRATIVE LAW - refusal of public passenger
vehicle driver authority - history of speeding infringements
– whether applicant is fit and proper person and has
sufficient responsibility and aptitude.
Clark v NSW Trustee and Guardian
[2019] NSWCATAD 73
ADMINISTRATIVE LAW - Government Information
(Public Access) Act - GIPA - meaning of excluded
information - whether nature of information and term 'related
to' can be ascertained from description of a process - whether
determination as to whether to apply for administration constitutes
exercising functions as executor, administrator or trustee
capacity.
Guthrie v Lane Cove Council
[2019] NSWCATAD 74
ADMINISTRATIVE LAW- freedom of information,
government information public access - information supplied in
response to application-scope of application-jurisdiction.
Ekermawi v Commissioner of Police, NSW Police
Force [2019] NSWCATAD 79
HUMAN RIGHTS - racial vilification - meaning of
"public act" - "capacity to incite serous hatred,
ridicule or contempt" - relevance of intention - defence or
exception of "reasonably and in good faith".
Von Furstenrecht v Independent Liquor and Gaming
Authority [2019] NSWCATAD 78
ADMINISTRATIVE REVIEW - Long term banning orders -
Where applicant is a former licensee and a hotel owner - Where
applicant assaulted man not far from the hotel he owns - Whether
preconditions for making banning orders met - Whether the victim of
the assault was affected by alcohol - Whether applicant was
performing services on the hotel premises at the time of the
offence - Discretionary considerations.
State of NSW v Mathers (No 2)
[2019] NSWSC 473
HIGH RISK TERRORISM OFFENDER - application for
extended supervision order (ESO) - Sovereign
Citizen Movement - discussion of statutory preconditions for making
an ESO - combination of factors - consideration of discretion not
to impose ESO - discussion of disputed conditions - ESO
imposed.
Byrne v Baker [2019] NSWSC
503
ADMINISTRATIVE LAW - judicial review - costs in
summary criminal proceedings - application by successful defendants
for costs against police after all charges dismissed in summary
criminal proceedings - whether Magistrate committed jurisdictional
error in refusing costs - summons dismissed.
Legislation
Regulations and other miscellaneous instruments
Lobbying
of Government Officials (Lobbyists Code of Conduct) Amendment
Regulation 2019 (2019-188) - published LW 10 May 2019.
Administrative
Arrangements (Administration of Acts—General) Order (No 2)
2019 (2019-178) - published LW 01 May 2019.
Administrative
Arrangements (Administrative Changes—Ministers) Order (No 2)
2019 (2019-179) - published LW 01 May 2019.
Administrative
Arrangements (Administrative Changes—Public Service Agencies)
Amendment Order 2019 (2019-180) - published LW 01 May 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.