In the media
Palaszczuk Government plan to address domestic and
family violence
The Palaszczuk Government has elevated its plan to address
domestic and family with an almost $200 million investment package
to boost domestic and family violence services over five years (14
June 2016).
More...
Queensland lawyers divided on Human Rights
laws
QLS president Bill Potts said the Society was grateful to have
been given the privilege to speak at the hearing and admitted the
introduction of these laws was a complex issue – with vastly
varying views existing among the state's legal practitioners
(08 June 2016).
More...
Changes to vegetation clearance laws unjust and
backward: QLS
The State Governments proposed changes to its land clearing laws
were unjust and comparable to the Newman LNP Government's
stance on anti-bikie laws, according to the Queensland Law Society
(03 June 2016).
More...
In practice and courts
Queensland Integrated Court Referrals system
introduced
A new Queensland Integrated Court Referrals process is replacing
the Queensland Courts Referral process and reinstates the
operations of the Special Circumstances Court Diversion Program, a
measure which Queensland Law Society called for prior to the 2015
state election. Implementation of the new system began in Brisbane
on 30 May 2016 and will be rolled out across the state.
QLD: Titles Registry update – witnessing documents Further to Titles Registry Alert 125 and recent changes to part 60, paragraph 60-0390 of Land Title Practice Manual relating to witnessing instruments and documents outside Australia, additional information and resources regarding signing and witnessing requirements is now available online. More...
CCC: to examine whether publicising allegations of
corrupt conduct is in the public interest
The CCC published a discussion paper today titled Making
allegations of corrupt conduct public: Is it in the public
interest? and is calling for public submissions to support
the examination of this issue closing on 30 June 2016. More...
Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation
Auditor-General Reports referred to the Committee for Consideration
Published – articles, papers, reports
A report on misuse of council resources
Victorian Ombudsman: 08 June 2016
This Victorian Ombudsman report uses examples from three separate
protected disclosure complaints to demonstrate that council
property and resources are at risk of being seen as available for
the private benefit of council employees. The investigation
highlights the risk posed by a lack of effective policies,
monitoring and enforcement by councils to prevent poor cultures and
behaviour taking hold.
Cases – Queensland
Foster
v Shaddock & Ors [2016] QCA 163
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND
EVIDENCE – COSTS – where the appellant was unsuccessful
in his application for judicial review of a decision of the third
respondent – where the appellant submitted that the general
rule that costs follow the event should be displaced pursuant to s
49 of the Judicial Review Act 1991 (Qld) – where the
appellant was impecunious – where the review concerned a
topic of clear public interest – where there was a reasonable
basis for bringing the application – whether each party
should bear their own costs of the appeal.
THE
BUILDER v Queensland Building and Construction Commission [2016]
QCAT 085
GENERAL ADMINISTRATIVE REVIEW – QUEENSLAND BUILDING AND
CONSTRUCTION COMMISSION – LICENCE – where licence
suspended for failure to meet minimum financial requirements
– where application for a stay – where evidence of
company's financial information incomplete - whether balance of
convenience favoured a stay.
COSTS – where undertaking to provide material before next
hearing – where material not provided – where at the
hearing company indicated an intention to enter voluntary
liquidation – where no notice to the respondent – where
respondent prepared extensive material for hearing – whether
applicant caused disadvantage – where order for costs of the
hearing.
Australian
Leisure and Hospitality Group Pty Ltd v Commissioner for Liquor and
Gaming [2016] QCAT 090
LIQUOR LICENSING – AFTER HOURS TRADING APPROVAL –
CONDITIONS ON LICENCE – considerations in determining whether
particular conditions regarding security arrangements should be
imposed. ADMINISTRATIVE REVIEW- REASONS FOR DECISION –
requirements for reasons for decision.
Palmer
Petroleum Pty Ltd v BGP Geoexplorer Pty Ltd [2016] QCA
149
This is an appeal against an order dismissing an application made
under s 459G of the Corporations Act 2001 to set aside a
statutory demand. The amount demanded was a sum in excess of US$16
million and said to be owing under a contract between the parties.
The appellant argued that the statutory demand should be set aside
upon two bases. Whether court should order that the statutory
demand be set aside. Dismissed.
Scott
and Bird & Ors v Commissioner of State Revenue [2016] QSC
132
TAXES AND DUTIES – PAYROLL TAX – LIABILITY TO TAXATION
– GROUPING OF EMPLOYERS – where second and third
applicants were custodial trustees for the first applicants who in
turn held property on trust for the beneficiaries of a self-managed
superannuation fund – whether applicants were "carrying
on a trust" and therefore to be regarded as carrying on a
"business" as defined by s 66(d) of the Payroll Tax Act -
where the applicants apply for judicial review of
Commissioner's decision to refuse to exclude them from a group
for the purposes of the Payroll Tax Act – whether the
applicants are entitled to relief.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – whether Commissioner failed to take into account a
relevant consideration by determining absence of employees
irrelevant – whether Commissioner failed to take into account
the first applicants role as trustees of superannuation fund
– whether Commissioner erred by taking into account certain
agreements, investments and loans between the first applicants and
group entities.
Brisbane
City Council v Amos [2016] QSC 131
LOCAL GOVERNMENT – POWERS, FUNCTIONS AND DUTIES OF COUNCILS
GENERALLY – where Council commenced proceeding against
defendant to recover unpaid rates and charges – where
defendant disputes the rates and charges levied – whether the
defendant is liable for unpaid rates and charges.
STATUTES – ACTS OF PARLIAMENT – REPEAL – SAVINGS
AND TRANSITIONAL CLAUSES WITHIN REPEALING ACT – where Council
argued the effect of transitional provision required validity of
decision to be determined by repealing Act – whether
necessary to have regard to the repealed Act to determine validity
of decisions made under the repealed Act.
LIMITATION OF ACTIONS – LIMITATION ON PARTICULAR ACTIONS – MORTGAGES AND CHARGES – WHAT CLAIMS ARE WITHIN LIMITATION STATUTES – where defendant argued claim was an action to recover sum recoverable by virtue of an enactment under s 10(1)(d) – where Council argued claim was an action to recover a principal sum of money secured by a charge under s 26(1) – whether s 10(1)(d) or s 26(1) applied. LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – CONFIRMATION – ACKNOWLEDGEMENTS AND PROMISES TO PAY – where Council argued that action had fresh accrual on either acknowledgment or part payment by defendant – where defendant argued he reserved his rights and no such acknowledgment made out – whether contents of various correspondence amounted to express or implied admission of debt.
Legislation – Queensland
Bills
Penalties and Sentences (Queensland Sentencing Advisory
Council) Amendment Bill 2016
Assent Date: 14/06/2016 Act No: Act No. 31 of 2016 Commences: Date
of Assent.
National Injury Insurance Scheme (Queensland) Bill
2016
Assent Date: 14/06/2016 Act No: Act No. 34 of 2016. Commences: see
Act for details.
Legislation (Declaration) Amendment Bill 2016
Introduced on 14/06/2016 Stage reached: PASSED on 14/06/2016.
Appropriation (Parliament) Bill 2016
Introduced on 14/06/2016 Stage reached: 2nd reading to be moved on
16/06/2016.
Appropriation Bill 2016
Introduced on 14/06/2016 Stage reached: 2nd reading to be moved on
16/06/2016.
Bills Updated in the last week
Child Protection (Mandatory Reporting - Mason's Law)
Amendment Bill 2016
Stage reached:Report from Committee on 8/06/2016.
Youth Justice and Other Legislation Amendment Bill
2016
Stage reached:Report from Committee on 6/06/2016.
Acts as passed 16 June 2016
No 31 Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Act 2016
No 34 National Injury Insurance Scheme (Queensland) Act 2016
Subordinate legislation as made
No 71 Liquor (Rapid Intoxication Drinks) Amendment Regulation (No. 1) 2016 - Liquor Act 1992 – Tabled 14 June 2016- The policy objective of the Regulation is to prescribe certain drinks as rapid intoxication drinks, and prescribe relevant exemptions, for the purpose of the statutory ban on the sale or supply of rapid intoxication drinks for the period between 12 midnight and 5am.
No 83: Proclamation commencing certain provision - Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 - 17 June 2016.
No 85: Justice Legislation (Fees) Amendment Regulation (No. 1) 2016 – 17 June 2016.
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.
