In the media
QLS launches domestic violence guidelines
The Queensland Law Society officially launched its Domestic and
Family Violence Best Practice Guidelines today at the Supreme Court
of Queensland Banco Court (27 July 2016).
More...
Deaf woman takes Queensland Government to High
Court
A Queensland woman hoping to be Australia's first deaf juror is
having her discrimination case heard by the High Court in Brisbane
this afternoon (25 July 2016).
More...
Statement from the Attorney-General
The Palaszczuk Government is working through a number of
recommendations to respond to the Royal Commission into
Institutional Responses to Child Abuse, including the removal of
the statute of limitation for child sexual abuse claims (24 July
2016).
More...
Independent review for Electoral Commission of
Queensland
The Palaszczuk Government will seek an independent review of
recent elections conducted by the Electoral Commission of
Queensland. The review will examine the 2016 Queensland Local
Government elections, the referendum on fixed four-year terms for
Queensland parliament, as well as the recent Toowoomba South
by-election (21 July 2016).
More...
Search warrant guidelines initiative
QLS is excited to be leading the profession by initiating the
authoring of the new guidelines, which will bring certainty to its
subject area and ensure the rights of all participants are
protected according to law as well as the ethical obligations of
both practitioners and police (20 July 2016).
More...
Expert board to review domestic violence
deaths
The Palaszczuk Government has taken another important step in its
actions to tackle domestic and family violence, with the
appointment of the Domestic and Family Violence Death Review and
Advisory Board, chaired by State Coroner Terry Ryan (20 July 2016).
More...
In practice and courts
COAG Energy Council meeting
The next meeting of the Council of Australian Governments (COAG)
Energy Council will be held on 19 August in Canberra (25 July
2016).
More...
Queensland Current Inquiries
Constitution of Queensland and Other Legislation Amendment Bill
2016 - report due 15 August 2016.
Australian Crime Commission (Queensland) and Other Legislation
Amendment Bill 2016 – report due 02 August 2016.
QLD: Self-Represented Litigants update
The Industrial Court of Queensland (ICQ) and Queensland Industrial
Relations Commission (QIRC) have updated the webpage Self-Represented
Litigants (updated 19 July 2016), which is "intended to
give some guidance about the procedural aspects of Commission
hearings" to self-represented litigants.
QLD: New Australian Crime Commission (Queensland)
Regulation 2016 (120 of 2016) [QLD]
The Regulation achieves the policy objectives by providing
requirements and processes to support provisions in the Act in
accordance with the regulation-making power in section 53 of the
Act. The Regulation is consistent with the objects of the Act which
provides for the powers, duties and functions of the Australian
Crime Commission (25 July 2016). More...
QLS: Judicial Appointments Protocol
The Queensland Law Society (QLS) has announced that the state
government has approved a protocol "associated with the
appointment of judicial officers in the Magistrates Court, District
Court and Supreme Court of Queensland".
More (Dept of Justice and Attorney-General)...
More (Queensland Law Society)...
Published – articles, papers, reports
Barrett Adolescent Centre Commission of Inquiry Report
2016
The Queensland Government received the Barrett Adolescent Centre
Commission of Inquiry Report on 24 June this year, and after
careful consideration of patient confidentiality, the report has
now been released, along with the Government's Response to the
recommendations and findings (July 2016).
Queensland Ombudsman: An investigation into the current
child safety complaints management processes within the Department
of Communities, Child Safety and Disability Services,
2016
This report presents the findings of an investigation into the
Department of Communities, Child Safety and Disability
Services' management of complaints about the child safety
system in Queensland (July 2016).
Cases
Abbott
v Queensland All Codes Racing Industry Board [2016] QSC
162
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where
the applicant allegedly assaulted one of two stewards conducting an
inspection at private stables, and also made derogatory remarks
about the deputy chair of stewards – where the version of
events, particularly as to the assault, was disputed – where
the chief steward was phoned by one of the stewards both before and
immediately after the alleged assault – where the chief
steward made a third phone call to scratch a horse on the basis
that the applicant assaulted one of his stewards – where a
stewards' inquiry was convened and chaired by the chief
steward, at which the applicant was charged with breaches of the
Australian Harness Racing Rules – where at the stewards'
inquiry the first two phone calls, but no details of their
contents, were mentioned by witnesses – where the third phone
call was mentioned only once in passing by a witness – where
the applicant was found guilty and disqualified for two years in
respect of the alleged assault and disqualified for three months in
respect of the derogatory remarks – where the applicant
sought judicial review of the decisions – whether the chief
steward was disqualified from being able to sit on the panel on the
ground of apprehended bias because of his involvement in the events
– whether the failure to disclose the chief steward's
involvement, or to disclose that involvement fully, gave rise to an
apprehension of bias or was a breach of the rules of natural
justice – whether to quash both the decision relating to the
assault and the decision relating to the derogatory remarks.
Geju
Pty Ltd v Central Highlands Regional Council [2016] QSC
159
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND
PREDECESSORS – AMENDMENT – where the applicant applies
to have certain amendments to the defence disallowed – where
the applicant applies to obtain orders precluding the defendant
relying on two expert reports – where there has not been
compliance with the rules and practice direction for experts -
whether the applicant will suffer prejudice – whether the
amendments are embarrassing or have a tendency to prejudice or
delay the fair trial of the proceeding.
Phian
Pty Ltd v Commissioner of State Revenue [2016] QCAT
191
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY -
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - APPLICATION FOR
REVIEW - whether the Commissioner ought exercise discretion to
exclude applicant from group for payroll tax purposes - whether
business is substantially independent of and not substantially
connected with business carried on by other group members - where
question of fact and degree - where nature of business completely
different - where connections between ownership and management of
companies - where financial interdependency between group members -
where connection and interdependency relevant in commercial sense -
where connection and interdependency not immaterial or
inconsequential.
Legislation – Queensland
Subordinate legislation as made
No 120:
Australian Crime Commission (Queensland) Regulation
2016
Australian Crime Commission (Queensland) Act 2003 –
22 July 2016 - The aim of the Regulation is to support the
Australian Crime Commission (Queensland) Act 2003 (the
Act) which provides for the powers, duties and functions of the
Australian Crime Commission.
No 124: Summary Offences Regulation 2016
Summary Offences Act 2005 - 29 July 2016 - The objective
of the Summary Offences Regulation 2016 (the new
Regulation) is to prescribe specific matters for the Summary
Offences Act 2005 (the Act). These matters relate to sections
11A 'Unlawful driving of motorbike on public land' and 23D
'Seller of spray paint must display prohibition sign' of
the Act.
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.