In the media
New guidelines to combat gendered violence at work
Employers turning a blind eye to gendered violence are on
notice, with the Andrews Labor Government introducing new guidance
to help eradicate this unacceptable behaviour from Victorian
workplaces (13 March 2020).
More...
Katherine gets $92.5 million from class action
settlement
Katherine residents will receive $92.5 million as a result
of the successful class action against the Federal Government on
PFAS contamination. Documents released by the Federal Court of
Australia show Katherine is set the receive the biggest chunk of
the $212.5 million which was agreed on late last month (11 March
2020).
More...
Overturning previous child abuse settlements
Have your say on potential reforms to empower NSW courts
to set aside unjust settlement agreements between child abuse
survivors and responsible institutions – that's the call
from Attorney General Mark Speakman today (04 March 2020).
More...
Wage theft. It's a crime
The Palaszczuk Government will introduce legislation to
make wage theft a criminal offence. Industrial Relations Minister
Grace Grace said amendments to the state Criminal Code will be
introduced to tackle wage theft head-on, following a Queensland
Parliamentary inquiry (06 March 2020).
More...
In practice and courts
Coronavirus (COVID-19) precautions at Courts and
Tribunals
The
Federal Court of Australia, the
Family Court of Australia and the
Federal Circuit Court have this week issued notices directed at
minimising the spread of the virus in the community (March
2020).
Practice direction - Federal circuit court of
Australia
This practice direction sets out guiding principles for
case management arrangements for cases that meet the definition of
a Priority Property Pool under $500,000 Case (PPP500). All steps
taken in proceedings before the Court in these cases, including
commencing proceedings, should follow these principles. This
practice direction takes effect from the date that it is issued and
applies to all PPP500 cases filed on or after 1 March 2020.
More...
Australian bushfires disaster emergency declaration
— Understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the Privacy
Act 1988 (Cth) (Privacy Act). The emergency declaration was made in
response to bushfires in Australia resulting in death, injury and
property damage occurring from August 2019 into 2020.The emergency
declaration expires on 20 January 2021.
Legal and constitutional affairs references
committee
Impact
of changes to service delivery models on the administration and
running of Government programs
Nationhood,
national identity and democracy
Legal and constitutional affairs legislation
committee
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Combatting Corporate Crime) Bill
2019
Queensland
Department of the Premier and Cabinet Consultation
Annual report 2018-19
Feedback survey \ open to 26 June 2020 - help us improve our annual
reports so readers can use them more effectively.
More...
QLS: Information for practitioners in response to
COVID-19
The latest advice from the Australian Government is that
from 16 March 2020, events with 500 attendees or more should not
proceed until further notice. People who are unwell should not
attend public events. This guidance may change and members should
check regularly for latest updates (13 March 2020).
More...
QLS: Warning as to representation of multiple
co-accused
Practitioners are reminded of the substantial ethical
risks arising from a proposed representation of multiple co-accused
in criminal proceedings. Practitioners are referred to
Guidance Statement No. 12 – Conflicts of Interest in Criminal
and Crime & Corruption Commission Proceedings (Published 6 July
2018) (05 March 2020).
More...
Queensland Law Society
Guidance Statement No.1—Undertakings
The honouring of undertakings is a necessary incident of the
solicitor's paramount duty to the court and the administration
of justice. See Australian Solicitors Conduct Rules 2012 (Rule 3)
and other fundamental duties of honesty and integrity (Rule 4).
Court practice notes
Case flow management - Civil jurisdiction - Repeals
17/2012
Supreme Court, 4 of 2020
QAO advice
Observations on ASIC report—oversight of
non-financial risk
Published: 12 March 2020
While ASIC's report was directed at large and listed companies,
the report findings may serve as guidance for public sector
governance bodies. Entities should review the recommendations
against their existing governance practices, accountability
structures, and needs of their organisation.
More...
Are your 'everyday' internal controls strong
enough to prevent a fraud attempt?
Published: 3 March 2020
Frauds are continuing to occur in the Queensland public sector.
Fraudsters are targeting entities of all sizes and in all
locations. While most losses may be recoverable through insurance,
entities could prevent them occurring with strong
'everyday' controls.
More...
CCC investigations
Man from Annandale (Townsville) was charged with further
fraud and stealing offences (06 March 2020).
More...
OIC Qld: Review of civil surveillance and privacy
laws
An amendment to the terms of reference noted the QLRC will
provide a report to the Attorney-General and Minister for Justice
and Leader of the House by 28 February 2020. As part of the review,
the QLRC has been asked to prepare draft legislation based on its
recommendations (11 February 2020).
More...
OIC QLD: Privacy Authorities Australia working together
and PAW 2020
Following the PAA October meeting, Privacy Awareness Week
(PAW) will be held across Australia between 4- 10 May 2020. In
Queensland, the theme for PAW2020 is Be smart about privacy.
More...
OIC: Access application handling training
We are offering access application handling training on 26
March 2020 to help government agencies comply with their
legislative requirements.
More...
OIC: Misuse of Information e-lecture
The misuse of both personal and confidential information
by way of unauthorised access, use, and disclosure is a growing
concern. As part of meeting these concerns, OIC has released an
e-lecture on the misuse of information (10 March 2020).
More...
OIC: Timeframes and work from home and other
arrangements
The current disaster events in Queensland may impact on
the ability of agencies to meet the timeframes prescribed under the
Right to Information Act 2009 (Qld) (RTI Act) and the Information
Privacy Act 2009 (Qld) (IP Act) for making decisions and handling
privacy complaints (10 March 2020).
More...
Requests for comment: Queensland Law Reform Commission:
Consent and mistake of fact review
Terms of Reference
here. The Commission is to provide a report on the outcomes of
the review to the Attorney-General and Minister for Justice by 17
April 2020.
Published - articles, papers, reports
More news is good news: the case against restricting
broadcast journalism
Gideon Rozner; Institute of Public Affairs: 09 March
2020
In light of the issues presented by ACMA's inquiry and the
debate around news and the media more broadly, the Institute of
Public Affairs has released this research report, which outlines
the case against further regulation of broadcasting, as well as
several recommendations on the way in which policy-makers can
create a stronger news landscape. More...
Gender inequality in Australia's labour market: a
factbook
Alison Pennington, Jim Stanford; Centre for Future Work:
06 March 2020
This publication outlines evidence on over 60 different statistical
indicators of gender inequality in Australia, organised into 18
different subject groupings. It paints a composite picture of how
women are blocked from full participation in work and economic
activity, experience greater precarity in employment, are paid less
for their efforts, and experience other forms of exploitation. More...
Back to basics: professional conduct in and with the
Courts
Speech delivered at judicial CLE session, Cairns, 19
February 2020
Professional integrity is essential for making a good impression.
This is especially true for the courtroom advocate and attendees.
More...
The identity theft response system
Megan Wyre, David Lacey and Kathy Allan, (2020) AIC,
Trends and Issues in Crime and Criminal Justice (No. 592)
Identity theft continues to grow in prevalence and complexity.
Despite this growth, little is known about the identity theft
response system and how it assists victims to recover. This study
examines the response system by analysing 211 identity theft cases
reported to IDCARE, a national identity and cybercrime victim
support service. More...
Cases
RT' and Australia Taxation Office (Freedom of
information) [2020] AICmr
8
Freedom of Information — Whether reasonable steps
taken to locate documents — (CTH) Freedom of Information Act
1982 s 24A
Microflite Helicopter Services and Civil Aviation Safety
Authority (Freedom of information) [2020]
AICmr 9
Freedom of Information — Access Grant — Whether
documents contain commercially valuable information — Whether
disclosure would unreasonably affect an organisation in respect of
its lawful business affairs — Whether contrary to the public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 47(1)(b), 47G - possible
low flying of helicopters filming the 2018 Adelaide 500 Supercars
event.
'RU' and Services Australia (Freedom of
information) [2020] AICmr
10
Freedom of Information — Whether reasonable steps
taken to locate documents — (CTH) Freedom of Information Act
1982 s 24A
Clime Capital Limited v UGL Pty Limited (No 2)
[2020] FCA 257
PRACTICE AND PROCEDURE – application for
confidentiality orders over documents filed in support of
settlement approval pursuant to s 33V of the Federal Court of
Australia Act 1976 (Cth) – whether orders necessary to
prevent prejudice to the proper administration of justice –
whether orders of indefinite 'until further order'
appropriate – orders granted
Class Actions Practice Note (GPN-CA) ; Federal Court of Australia
Act 1976 (Cth), ss 37AE, 37AF, 37AG(1)(a) and (d) and 37AI
Harper Property Builders Pty Ltd v Queensland Building and
Construction Commission [2020] QCAT
56
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
DISCHARGE, BREACH AND DEFENCES TO ACTIONS FOR BREACH –
REPUDIATION AND NON-PERFORMANCE – whether notice of intention
to terminate contract complied with – what is sufficient
notice to the party in breach – reports referred to in notice
– Generally – contractual right of termination –
whether right to terminate at common law – whether notice
effective to terminate on another ground
GENERAL ADMINISTRATIVE REVIEW – Queensland Building and
Construction Commission – Home Warranty Insurance Scheme
– where homeowners claimed defective building work –
whether homeowners had properly terminated the contract –
whether homeowners themselves in substantial breach for late
payment of invoices – what is substantial breach. Queensland
Civil and Administrative Tribunal Act 2009 Qld ss. 19, 20 and
24
Bryant v The Chief Executive, Department of Justice and
Attorney-General & Anor [2020] QCAT
58
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Claim
Fund under Agents Financial Administration Act 2014 (Qld) –
whether 'claimable event' – where licensed motor
dealer gave form to buyer of second-hand vehicle stating that
cooling-off period did not apply and did not state when cooling-off
period started or finished – where buyer tried to cancel
contract – where seller refused – where motor dealer
must comply with legislation regardless of information on
Department's website – where agency's interpretation
of legislation or its representation about application of that
legislation cannot override the actual legislation – where
Form 12 was defective in a material particular – where
'honest belief' is no defence – whether financial
loss – where not all costs recoverable – where motor
dealer liable to reimburse Claim Fund upon payment to buyer
Crocker v Queensland Building and Construction
Commission [2020] QSC
24
ADMINISTRATIVE LAW– JUDICIAL REVIEW–
REVIEWABLE DECISIONS AND CONDUCT– DECISIONS TO WHICH JUDICIAL
REVIEW LEGISLATION APPLIES– MEANING OF DECISION– where
the applicant submits that a series of decisions made by the
respondent are invalid on the grounds that there was a failure to
accord procedural fairness or that the decision was
unreasonable– where the court found that a decision as to the
scope of works for the completion or rectification of building work
made by the respondent is capable of judicial review– where
the court found that each decision to approve the homeowners claim
under the statutory insurance scheme is capable of judicial
review– where the court found that none of the decisions
challenged on the ground of an absence of procedural fairness is
capable of judicial review.
ADMINISTRATIVE LAW– JUDICIAL REVIEW– GROUNDS OF
REVIEW– UNREASONABLENESS– where the respondent made a
decision to make a payment on the claim in respect of the Toowong
property– where the respondent was aware that there was a
deed of settlement made between the building contractor and the
homeowner which released the building contractor from further
liability– where there was a delay between the making of the
decision and the bringing of the present application– where
the court held that the decision was unreasonable. Judicial Review
Act 1991 Qld s20, s43
Rainbow Builders Pty Ltd v State of
Queensland [2020] QSC
25
ARBITRATION– RECOURSE AGAINST AWARD– GROUNDS
FOR REMITTING OR SETTING ASIDE– MISCONDUCT– DENIAL OF
NATURAL JUSTICE– where Rainbow Builders applied to set aside
the September Award under section 34(2) of the Commercial
Arbitration Act 2013 (Qld) – where the State applied to
enforce the September Award under section 35 of the Act–
where in the alternative the State applied to enforce an earlier
award from August 2019– where if the September Award is set
aside Rainbow Builders applied for declaratory relief that the
August Award is not a final determination– where Rainbow
Builders resisted the enforcement of both Awards pursuant to
section 36 of the Act– where Rainbow Builders submit that the
September Award should be set aside as they did not have a
reasonable opportunity to present their case– where Rainbow
Builders also submit that the September Award should be set aside
as the parties where not treated with equality– where the
court ordered that the application be dismissed and the September
Award be enforced.
Legislation
Commonwealth
Bills
Telecommunications Legislation Amendment (International
Production Orders) Bill 2020
Amends the Telecommunications (Interception and Access)
Act 1979 to: provide a framework for Australian agencies to obtain
independently-authorised international production orders for
interception, stored communications and telecommunications data
directly to designated communications providers in foreign
countries with which Australia has a designated international
agreement; make amendments contingent on the commencement of the
proposed Federal Circuit and Family Court of Australia Act 2020;
and remove the ability for nominated Administrative Appeals
Tribunal members to issue certain warrants. Also amends: six Acts
to make consequential amendments; and the Surveillance Devices Act
2004 to correct a drafting error.
House of Representatives 05 March 2020
National Integrity Commission Bill
2019
The bill: establishes the Australian National Integrity
Commission as an independent public sector anti-corruption
commission for the Commonwealth; provides for the appointment,
functions and powers of the National Integrity Commissioner and
commissioners; and makes consequential amendments to the Law
Enforcement Integrity Commissioner Act 2006, Ombudsman Act 1976 and
Public Interest Disclosure Act 2013.
House of Representatives. Removed from the Notice Paper in
accordance with (SO 42) 03 March 2020
Regulation
Telecommunications
(Emergency Call Service) Amendment Determination 2020 (No.
1)
06/03/2020 - This instrument amends the Telecommunications
(Emergency Call Service) Determination 2019 which imposes
requirements on carriers, CSPs and the ECPs in relation to
emergency call services.
Remuneration
Tribunal Amendment Determination (No. 1)
2020
04/03/2020 - This determination amends the Remuneration
Tribunal (Remuneration and Allowances for Holders of Full time
Public Office) Determination 2019 and the Remuneration Tribunal
(Remuneration and Allowances for Holders of Part time Public
Office) Determination 2019.
Queensland
Reminder:
Proclamation - Civil Liability and Other Legislation
Amendment Act 2019 (commencing remaining provisions) 2020
(Qld)
The date of 2 March 2020 is fixed for the commencement of the
provisions of the Civil Liability and Other Legislation Amendment
Act 2019 that are not in force.
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.