In the media
NSW Parliament passes reform boosting protection for
counsellors and support for victims
Counsellors as well as friends or family of adults who
disclose sexual and domestic violence will no longer face
prosecution for respecting a victim's wishes on whether to
report the crime, thanks to an amendment passed by NSW Parliament
(25 September 2020).
More...
Australians want more control over privacy, survey
shows
Privacy is a major concern for 70% of Australians while
87% want more control and choice over the collection and use of
their personal information, our Australian Community Attitudes to
Privacy Survey 2020 shows (24 September 2020).
More...
Law reforms will encourage more victims of sexual or
family violence to seek help
The NSW Law Society welcomes proposed changes to the
offence of concealing a serious indictable offence under section
316 of the Crimes Act 1900. The amendment to the Act, which has
been introduced into NSW Parliament, provides an exemption in adult
cases of sexual or family violence offences where the individual
does not want the matter reported to police. (17 September 2020).
More...
Domestic violence training for community and religious
leaders
Community and religious leaders will be empowered to
respond to domestic and family violence through a new training
program to begin next month in NSW (20 September 2020).
More...
Law Council reports 'welcome shift' in equitable
briefing
According to the latest equal opportunity data released by
the Law Council of Australia, there has been a rise in the number
of female barristers being briefed on matters (18 September 2020).
More...
In practice and courts
National Cabinet meeting, 18 September 2020
The National Cabinet met to discuss Australia's
COVID-19 response, recent progress following the Victorian
outbreak, easing restrictions (including international border
measures), helping Australians prepare to go back to work in a
COVID-safe environment and getting the economy moving again. More...
LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal
Profession Uniform General Rules 2015 with effect from 22 August
2020 so the prohibitions in s 258(1) and (3) of the Legal
Profession Uniform Law do not apply in relation to litigation
funding schemes now regulated as managed investment schemes. The
new rule will operate for 12 months to allow for consultation. More...
New law council of Australia guidelines - Equitable
briefing policy
The Law Council's portal for the annual reporting by
Equitable Briefing Policy adoptees (Policy adoptees) have opened.
To assist in this process, the Law Council has updated its
Equitable Briefing Policy
Reporting Template and Guidelines in response to feedback from
previous reporting periods. Policy adoptees have until 30 September
2020 to provide their annual report, and will be updated once the
portal is opened on 1 July 2020.
COVID-19: Information for attending court - 25 September
2020
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements has
again been updated in terms of recent developments.
Amendment to UCPR forms 62, 64 and 66, and creation of
UCPR form 164
The following amended forms have been made pursuant to the
Uniform Civil Procedure Rules 2005 and published:
Form 62 – writ of restitution;
Form 64 – writ of delivery; and
Form 66 – writ for levy of property. A new
Form 164 – writ of sequestration has also been created
and was published today. This form was created to provide a form of
writ to be used should a writ of sequestration be issued (September
2020).
NSW IPC international day of democracy 15 September
2020
The Information and Privacy Commission NSW (IPC) supports
International Day of Democracy on 15 September 2020. Learn more
about International Day of Democracy here and
see the Information and Privacy Commission's information for
NSW public sector agencies and citizens about COVID-19 here.
Fifth edition of "Sentence" now
available
The comprehensive text of the law of sentencing in NSW by
SJ Odgers SC is now available in its fifth edition. That edition
(736 pages) or an on-line version of the work may be purchased at
odgers.net or through Booktopia
(16 September 2020).
ICAC: Public inquiry into allegations concerning former
MP Daryl Maguire
The NSW ICAC's Operation Keppel public inquiry into
allegations concerning the former NSW Member of Parliament for
Wagga Wagga, Mr Daryl Maguire, has started on Monday, 21 September
2020.
More...
NCAT: Requesting support made easier with new NCAT
form
A new NCAT-wide form has been developed to enable a party
or witness to request language or disability support.
Request for language or disability support form. This new form
allows you to request additional support without having to disclose
personal information to the other parties (15 September 2020).
NCAT: Change to appeal panel callover days
From 14 September 2020, the Appeal callover days will
change from Tuesday and Thursday to Wednesday and Friday. NCAT will
continue to notify parties in writing of the date and time of the
callover. The appeal itself is not heard at the callover. For
information about how to prepare for a callover, please refer to
the
'Appeal an NCAT decision' web page.
Court of appeal decisions of interest bulletin
The NSW Court of Appeal has published its latest Decisions
of Interest Bulletin on the Court of Appeal
website. Learn more
here.
Reminder: 2020 professional standards scheme
commences
The fourth New South Wales Bar Association Professional
Standards Scheme will remain in effect until 30 June 2025. You can
learn more about the scheme
here.
JUDCOM: Decisions reserved
The Court of Appeal maintains a list of matters before the
Court for which judgment is reserved. The list is updated weekly.
View the latest publication
here.
Resumption of defended hearings in the Local Court of
NSW – information for solicitors
There are two cohorts of those matters: matters that were
listed for hearing from 23 March 2020 to 4 May 2020 and those
listed for 4 May – 31 July 2020 (as per paragraph 12 of
Memorandum 10). The Court is endeavouring to ensure that as far as
possible these defended hearings proceed as defended hearings and
are not the subject of pleas of guilty on the day of hearing or of
adjournments or delay.
More...
Published - articles, papers, reports
The impact of the practice guide for intervention (PGI)
on recidivism among parolees
Evarn J. Ooi; Evarn J. Ooi; Crime and Justice Bulletin No.
228: 17 September 2020
Practice Guide for Intervention (PGI), risk-need-responsivity
(RNR), cognitive behavioural therapy (CBT), recidivism, parole.
More...
Purchase of the 'Leppington Triangle' land for
the future development of Western Sydney airport
ANAO Report No 9: 21 September 2020
The objective of this audit was to examine whether the Department
of Infrastructure, Transport, Regional Development and
Communications exercised appropriate due diligence in its
acquisition of the 'Leppington Triangle' land for the
future development of the Western Sydney Airport.
More...
Cases
EFL v Secretary, Department of Education
[2020] NSWCATAD 239
ADMINISTRATIVE LAW — Freedom of information —
Personal information
Choi v University of Technology Sydney
[2020] NSWCATAD 238
ADMINISTRATIVE LAW - Government Information (Public
Access) Act 2009 (Access to Information) s110 Government
Information (Public Access) Act 2009 - restraint order of
unmeritorious access application - application seeking leave to
make a Government information public access application where
restraint is in place
Minister for Education and Early Childhood Learning v
Zonnevylle [2020] NSWCA
232
ADMINISTRATIVE LAW — administrative tribunals
– scope of authority of the NSW Civil and Administrative
Tribunal to dismiss proceedings as vexatious – where
respondent sought review of a decision determining his application
for access to information held by a government agency – where
respondent persisted in allegations of misconduct against officers
of the agency after those allegations had been dismissed by the
Tribunal – relevance of history of making similar allegations
in other proceedings – where Tribunal's decision
dismissing proceedings as vexatious overturned by Appeal Panel
– whether Appeal Panel erred in regarding persistence in
claims that were bad in law as being outside the scope of the
collateral purpose principle – whether Appeal Panel erred in
declining to have regard to previous litigation brought by the
respondent
Griffin v Sydney Trains [2020]
NSWCATAD 234
ADMINISTRATIVE LAW - Government Information (Public
Access) – whether disclosure of government information could
reasonably be expected to endanger or prejudice any system or
procedure for protecting the safety of any person - whether
disclosure of government information could reasonably be expected
to endanger or prejudice the security of or any system or procedure
for protecting any place, property or vehicle - whether disclosure
of government information could reasonably be expected to
facilitate the commission of a criminal act – clauses 2 (d),
(e) and (f) of the s14 GIPA Act Table – no conditions to be
imposed by the Respondent on the use or further disclosure of the
information – balancing of public interest considerations for
and against disclosure
O'Keefe v Registrar of Births Deaths and
Marriages [2020] NSWCATAD
233
ADMINISTRATIVE LAW – registration of birth –
whether Registrar should correct the Applicant's date of birth
as recorded in the Register – Applicant born in the early
hours of the morning – incorrect date provided for entry into
the Register
Pearson v Nepean Blue Mountains Health
District [2020] NSWSC
1278
ADMINISTRATIVE LAW – Judicial review – Uniform
Civil Procedure Rules 2005 (NSW) r 49.19 – Review of
Registrar's decision not to transfer proceedings from the
District Court to Supreme Court
EIO v Central Coast Council
[2020] NSWCATAD 230
ADMINISTRATIVE LAW – Freedom of information –
consultation with third parties – risk of harm, serious
harassment or serious intimidation
DTN v Commissioner of Police (No 2)
[2020] NSWCATAD 227
ADMINISTRATIVE REVIEW – health information –
review of conduct of agency admitted to be a contravention of
Health Privacy Principle – ancillary order that the agency
search its records and correct any documents containing incorrect
information
Legislation
NSW
Bills introduced – 23 September 2020
Government
Statute Law (Miscellaneous Provisions) Bill 2020
Non-Government
Crimes (Domestic and Personal Violence) Amendment (Coercive
Control—Preethi's Law) Bill 2020
Government Sector Employment Amendment (Teleworking) Bill
2020
Liquor Amendment (Right to Play Music) Bill 2020
Bills revised following amendment in Committee
Liquor Amendment (24-hour Economy) Bill 2020
Stronger Communities Legislation Amendment (Courts and Civil) Bill
2020
Bills passed by both Houses of Parliament – 23
September 2020
Stronger Communities Legislation Amendment (Courts and Civil) Bill
2020
Regulations and other miscellaneous instruments
Constitution (COVID-19 Emergency Measures) Amendment (Prescribed
Period) Regulation 2020 (2020-550) — published LW 18
September 2020
Environmental Planning and Assessment Amendment (COVID-19
Prescribed Period) Regulation 2020 (2020-551) — published
LW 18 September 2020
Interpretation (COVID-19) Regulation 2020 (2020-553) —
published LW 18 September 2020
Local Government (General) Amendment (COVID-19) Regulation (No 3)
2020 (2020-554) — published LW 18 September 2020
Photo Card Amendment (Digital Photo Cards) Regulation 2020
(2020-559) — published LW 18 September 2020
Stronger Communities Legislation Amendment (COVID-19) Regulation
2020 (2020-562) — published LW 18 September 2020
Government – 18 September 2020
Stronger Communities Legislation Amendment (Crimes) Bill
2020
Non-Government
Crimes Amendment (Assault of Emergency Services Workers—3
Strikes Sentencing) Bill 2020
Dividing Fences Amendment Bill 2020
Public Works and Procurement Amendment (Workers Compensation
Nominal Insurer) Bill 2020
Bills passed by both Houses of Parliament – 18
September 2020
Adoption Legislation Amendment (Integrated Birth Certificates) Bill
2020
Police Amendment (Promotions) Bill 2020
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.