In the media
Whole-of-Government Legal Services Panel commences
The Morrison Government has launched a new era in the
provision of legal services to the Commonwealth, with the
commencement of the first Whole of Government Legal Services Panel.
The Panel, comprising more than 60 specialist legal providers from
across Australia and across a wide range of service expertise, will
provide the bulk of the Commonwealth's external legal services
until 2024 (16 August 2019).
More...
Lawyers fear Australia more open to hacks, leaks after
High Court ruling on Glencore
Could Australia become a more desirable place for hackers
to leak stolen and legally privileged documents (15 August 2019).
More...
OAIC joins with global privacy regulators to call for
more information from the Libra Network
International data protection and privacy regulators are
calling on Facebook and the Libra Network to explain how they will
secure and protect personal information as part of their global
cryptocurrency project (06 August 2019).
More...
Multicultural students learn about their legal
rights
The annual court open days offered the newly-arrived
migrants and refugees the opportunity to learn about the NSW
justice system and how courts operate in NSW (06 August 2019).
More...
In practice and courts
High Court practice direction 1 of 2019
The High Court has recently issued a new practice
direction, which applies to matters set down after 1 October 2019.
More...
High Court (2020) Sittings Rules 2019
The High Court has provided a copy of the
Rule of Court appointing the High Court sittings for 2020. The
Rule of Court appoints the Full Court sittings to be held in
Canberra throughout the year and the days on which special leave
applications will be heard. Sittings of the Court will continue to
be held in Adelaide, Brisbane, Hobart and Perth as required (August
2019)
Attorney General: Purchasing legal services - Whole of
Australian Government Legal Services Panel
The Whole of Australian Government Legal services panel
commenced on 15 August 2019.
The panel consists of five broad areas of law, comprising a number
of practice areas as set out
here.
Federal Court of Australia: Notice to the Profession
regarding Use of Junior Counsel
The Hon J L B Allsop AO, Chief Justice of the Federal
Court of Australia, has issued a Notice to the Profession on the
use of Junior Counsel. Members can view the Notice to the
Profession
here. The note indicates that the Federal Court of Australia
encourages the active participation of junior counsel where two
counsel are briefed for a party (12 August 2019).
LSC Public consultation: proposed new rules regarding
practice administration
The Legal Services Council (LSC) invites
public comment on the
draft Legal Profession Uniform Amendment (Miscellaneous) Rule
2019 (Draft Rule) in accordance with s 425 of the Uniform Law
(UL). The Draft Rule is publically released for
written submissions for a minimum period of 30 days until 19 August
2019.
More...
LCA Note: Glencore International Ag and Ors v
Commissioner of Taxation of the Commonwealth of Australia and
Ors
High Court judgment: The Law Council of Australia has
issued a note on the decision of the High Court of Australia in
Glencore International Ag and Ors v Commissioner of Taxation of the
Commonwealth of Australia and Ors, which can be found
here (15 August 2019).
Law Council of Australia Submissions
07 August 2019— Law Council
Inquiry into the Impact of the Exercise of Law Enforcement and
Intelligence Powers on the Freedom of the Press
AIJA Newsletters
The Institute's newsletter, AIJA News, is designed to
keep members informed of the Institute's activities and also to
bring its work to the attention of a wider national and
international audience.
More...
Current Senate Inquiries - Legal and Constitutional
Affairs Legislation Committee
Legal and Constitutional Affairs References
Committee
The
impact of changes to service delivery models on the administration
and running of Government programs
Nationhood,
national identity and democracy
Environment and Communications References Committee
Press
Freedom
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 32/2019, 12 August 2019.
More...
ABA: Have your say on the proposed new rule regarding
'CPD Activity'
The Australian Bar Association invites public comment on
the
draft Legal Profession Uniform Continuing Professional Development
(Barristers) Amendment (CPD Activity) Rule 2019 in accordance
with s 427 of the Uniform Law (UL). The Draft Rule
provides for a new definition of 'CPD Activity', clarifies
the content of 'CPD Activity' and sets out the format a
'CPD Activity' may consist of. Submissions close on 26
August 2019.
More....
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December, 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's (Defence's) management of its
public communications and media activities.
Defence's management of its public communications and media
activities
Queensland
Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability
The Office of the Royal Commission is now accepting
submissions to the above
Inquiry. Please provide your feedback to the legal policy team
by 30 August 2019.
QLS Ethics and practice notes
Practitioners will be aware of the recent High Court case
of
Comcare v Banerji which highlights among many other
things, the need to be circumspect in the use of your social media
and that "anonymity" will not necessarily protect
you.
Guidance Statement No.17 – Conflicts of Interest in Work
Health Safety Investigations
The Queensland Law Society Ethics Committee approved on 7 August
2019 Guidance Statement No. 17 for publication.
QLS: You're invited to provide feedback
Practitioners are invited to provide feedback as QLS
policy committees prepare submissions for current reviews (07
August 2019)
More...
QAO Advice: How we record material misstatements
As we finalise the audit of our clients' financial
statements, we will be communicating any misstatements the teams
identify with them (05 August 2019).
More...
Current Consultations
Racing Integrity Reforms – Review of the Racing Integrity
Act 2016 - Have your say on the review of implementation
issues associated with the Racing Integrity Act. Closes 19 August
2019
Discussion paper - changes to the Child Protection Act 1999 - Have your say about options for changes to the child protection legislation. Closes 06 September 2019
Update: Queensland Sentencing Advisory Council:
Intermediate sentencing options and parole
The due date for the final report has been extended by
three months, by letter from the Attorney-General and Minister for
Justice, and Leader of the House, to 31 July 2019. Read the
Terms of Reference.
OIC QLD: Masterclass - Advanced Privacy Complaint
Handling
An advanced privacy complaint handling workshop will be
held on 21 October 2019. While agencies may not have any control
over whether a privacy complaint is made against them they have
full control over how they respond to the complaint (August 2019).
More...
Published - articles, papers, reports
No bail, more jail? Breaking the nexus between community
protection and escalating pre-trial detention
Marilyn McMahon
Parliamentary Library and Information Service (Vic):16 August
2019
This report investigates the reasons behind the increase in the
number of people being denied bail and detained in prison in
Victoria. More...
Disclosure of myki travel information
Office of the Victorian Information Commissioner: 15
August 2019
This report on the investigation into the release of myki data
demonstrates that deficiencies in data governance and risk
management can undermine the protection of privacy, even where the
project is well-intentioned. More...
Evidence and analysis of legal need
Community Legal Centres Queensland: 14 August 2019
Part one of this guide discusses the eleven priority groups
identified under the National Partnership Agreement on Legal
Assistance Services 2015-2020 (the NPA). Within
each priority group is a summary of key data and facts, as relevant
to legal need. The barriers to accessing services, identified in
the Law and Justice Foundation Report (Coumarelos et. al. 2015). More...
ANAO Annual Report 2018-19
ANAO: 14 August 2019
This annual report documents the performance of the Australian
National Audit Office (ANAO) in the financial year
ended on 30 June 2019. The report addresses all applicable
obligations under the Public Governance, Performance and
Accountability Act 2013; the Public Governance, Performance and
Accountability Rule 2014; the Auditor-General Act 1997 .
More...
The effect of lockout and last drinks laws on
non-domestic assaults in Sydney: an update to March 2019
Neil Donnelly, Suzanne Poynton
NSW Bureau of Crime Statistics and Research: 08 August 2019
This research set out to examine the long term impact of the 2014
NSW liquor law amendments on non-domestic assaults in Kings Cross,
the Sydney CBD and surrounding areas. As in previous studies, a
significant reduction in non-domestic assaults in the Kings Cross
and Sydney CBD precincts was revealed. More...
Implementation of ANAO and parliamentary committee
recommendations
Australian National Audit Office: 05 August 2019
The objective of the audit was to examine whether selected entities
implemented agreed ANAO performance audit, the Joint Committee of
Public Accounts and Audit, and other parliamentary committee
recommendations.
More...
Whistleblower policies: consultation paper
Australian Securities and Investments Commission: 07
August 2019
This consultation paper seeks feedback on our proposed guidance for
entities that must have a whistleblower policy—public
companies, large proprietary companies and proprietary companies.
More...
Cases
Palmer v Australian Electoral Commission
[2019] HCA 24
The application is dismissed. Parliamentary elections
(Cth) – House of Representatives – Counting of votes
– Where s 274(2A)-(2C) of Commonwealth Electoral Act
1918 (Cth) provides for indicative two-candidate preferred
count in each Division – Where s 7(3) of Commonwealth
Electoral Act confers power on Australian Electoral Commission to
do all things necessary or convenient for or in connection with
performance of its functions – Where practice of Australian
Electoral Commission to publish information about indicative
two-candidate preferred count for a Division after close of polls
in that Division – Whether publication of information for a
Division before polls closed in all parts of nation has any
demonstrated effect on electoral choices – Whether
information inaccurate or misleading – Whether publication
constitutes imprimatur to any particular candidate or outcome
– Whether publication authorised by s 7(3).
Constitutional law (Cth) – Parliament – Elections
– Whether publication of information about indicative
two-candidate preferred count prior to close of polls nationally
contrary to ss 7 and 24 of Constitution – Whether factual
foundation of challenge established. Commonwealth Electoral Act
1918 (Cth), ss 7, 274.
Northern Territory v Sangare [2019]
HCA 25
Appeal allowed. Practice and procedure – Costs
– Where respondent commenced defamation proceedings against
appellant – Where appellant wholly successful on appeal and
at first instance – Where appellant sought order that
respondent pay its costs – Where Court of Appeal made no
order as to costs because respondent's impecuniosity would
likely render order futile – Whether appellant entitled to
order for costs – Whether impecuniosity of unsuccessful party
can alone justify decision to deny successful party its
costs.
The Chief Executive of the Department provided the Minister with a
briefing note. The respondent alleged that the briefing note
contained material defamatory of him, and instituted proceedings
against the appellant for damages. In particular, the respondent
complained that the briefing note contained material fabricated by
the Department to make it appear that the respondent had provided
false and misleading information in relation to his immigration
status, and to make it appear that the respondent was a dishonest
person and of bad character
James v WorkPower Inc [2019] FCA
1239
PRACTICE AND PROCEDURE – application by litigation
representative for approval of settlement – consideration of
relevant factors for approval of settlement – settlement
approved
Australian Human Rights Commission Act 1986 (Cth) ss 46P,
46PO(1)
Disability Discrimination Act 1992 (Cth) ss 5, 6, 15
Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth)
Hunt v Repatriation Commission [2019]
FCA 1191
ADMINISTRATIVE LAW – veterans' entitlements
– Veterans' Entitlements Act 1986 (Cth) –
whether Tribunal made findings that were not rationally supported
– whether the Tribunal erred in its application of s 120(3)
– whether the Tribunal failed to apply correctly the standard
of proof under s 120(1)
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Veterans' Entitlements Act 1986 (Cth) ss 7, 9, 13,
120, 120A, 196B
'RB' and Department of Home Affairs (Freedom of
information) [2019] AICmr 58
Freedom of Information — Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss 11A(5) and 47F
copy of the [applicant's child's] passenger cards and
movement records.
Johnston v Brisbane City Council & Ors (No
2) [2019] QSC 193
PROCEDURES – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW
EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION –
where the applicant succeeded in an application for judicial review
pursuant to the Court's inherent jurisdiction – where the
applicant made an argument that the Judicial Review Act
1991 (Qld) applied and privative clauses did not exclude the
jurisdiction of the Court – where judgment was given that the
Judicial Review Act 1991 (Qld) did not apply–
whether costs should be disposed of in accordance with the general
rule – whether there are special or exceptional circumstances
to depart from the general rule
Hopper & Anor v Queensland Building and Construction
Commission & Anor (No 2) [2019] QCAT
212
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
General Administrative Review – application by building owner
to review a decision by the Queensland Building and Construction
Commission to reject a claim by building owner – whether the
building owner validly terminated a building contract – where
the building contractor also purported to terminate the contract
– the rights of the building contractor and the building
owner under contract and at law – where the tribunal reviews
the decision of the QBCC about valid termination of the contract by
the building owner and allows a claim under the statutory scheme in
favour of the building owner
Queensland Building and Construction Commission Act 1991 Qld s 3, s
42, s 65, s 66, s 68, s 69, s 71, s 72, s 86, s 87, Schedule 2;
Queensland Civil and Administrative Tribunal Act 2009 Qld
s 9, s 20, s 102; Statutory Instruments Act 1992 Qld s 7,
s 9
Jones v McNab [2019] QCAT
213
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where
police officer was issued with a notice of temporary re-deployment
and directions – where review application filed –
consideration of principles for granting an extension of time
– whether decision is a reviewable decision – whether
decision is a decision about an allegation of corruption
Crime and Corruption Act 2001 Qld s 219BA, s 219C, s 219J,
s 219G, s 219H, Schedule 2
Johnson v Department of Transport and Main
Roads [2019] QCAT
210
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application to review a decision filed prematurely – whether
jurisdictional or procedural matter
Queensland Civil and Administrative Tribunal Act 2009 Qld
s 3(b), s 4(a), s 4(c), s 61(1)(c)
Queensland Civil and Administrative Tribunal Rules 2009 Qld r
7(1)(a)
Transport Operations (Road Use Management) Act 1995 Qld s
65A(2
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.