In the media – National
QLS says environmental clean-up reform amendments a win
for Queensland
Queensland Law Society has praised the State Government
for guaranteeing landowners and native title holders were protected
in its newly minted chain of responsibility bill (22 April
2016).
More...
QLS says youth justice reforms are not before time
The Queensland Government's announcement of youth
justice reforms is a welcome return to evidence-based policy,
according to Queensland Law Society president Bill Potts (22 April
2016).
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Legislative amendments to the Youth Justice Act
1992
The Palaszczuk government has unveiled its latest round
of measures to disrupt the path to more serious crime among young
offenders (21 April 2016).
More...
Palaszczuk Government strengthens independence and
integrity of Queensland's corruption watchdog
The Palaszczuk Government has restored the independence
and integrity of Queensland's corruption watchdog , with new
laws ratified by Queensland's Parliament which will
ensure the state's corruption watchdog can adequately tackle
and prevent public sector corruption (20 April 2016).
More...
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QLS backs plan for common law rights as part of
NIIS
The Queensland Government's announcement of a
commitment to common law rights while implementing the NIIS was a
win for common sense and the taxpayers hip pocket, according to
Queensland Law Society (19 April 2016).
More...
Strangulation to be a stand-alone offence under
Queensland's Criminal Code
The Palaszczuk Government has passed landmark laws to
make non-fatal strangulation a separate offence under the Criminal
Code, in a further move to strengthen Queensland's response to
domestic and family violence(19 April 2016).
More...
Barbaro amendments herald important changes for legal
profession
The Palaszczuk Government has today passed amendments to
improve the consistency of sentencing and efficiency of
Queensland's courts (19 April 2016).
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Domestic violence public disclosure scheme to be
referred to QLRC
The Palaszczuk Government has considered the next stage
of legislative reform in the ongoing review of the Domestic
Violence Protection Act (19 April 2016).
More...
In practice and courts
Queensland Supreme Court:Amended
Practice Direction 7 of 2014
The Supreme Court has made available an amendment to Practice Direction Number 7 of 2014 - Digitally
Recording Proceedings: Means of identifying proceedings, those
appearing and witnesses (6 April 2016), which provides that
"[d]igital recording of court proceedings in the State of
Queensland is now being undertaken by Auscript Australasia Pty
Limited".
QLD OAIC: Department of Education and Training follow-up
review
Queensland's Office of the Information
Commissioner's (OIC) follow-up compliance review report
regarding the Department of Education and Training (DET) was tabled
in Parliament on 20 April 2016.
More...
CCC Corruption Audit Plan for 2016–17
Outline of the proposed audits of how Queensland's
public sector agencies deal with complaints of corrupt conduct from
May 2016. The audit plan also sets out more detailed information
about how the CCC plans and executes audits.
More...
Queensland Current Inquiries
Examination of Portfolio Subordinate
Legislation
Auditor-General Reports referred to the Committee for Consideration
Published – articles, papers, reports
Journal of Judicial Administration update: 6 April
2016
The award of wasted costs arising from defective expert
evidence – Dr Ian Freckelton QC;
Therapeutic jurisprudence in the coronial jurisdiction –
Isabel Roper and Vivien Holmes;
The International Framework for Court Excellence and therapeutic
jurisprudence: Creating excellent courts and enhancing wellbeing
– E Richardson, Magistrate P Spencer and Prof D Wexler;
Improving the use of court decisions in the Federal Circuit Court
– Grant T Riethmuller;
The High Court and the cocktail party from hell: Can social media
improve community engagement with the courts– Andrew
Henderson.
More...
The Hon T F Bathurst AC, Chief Justice of NSW,
'Judicial Responses to Domestic Violence' (2016)
Bathurst CJ's paper presented to a panel on domestic
violence at the Royal Australasian College of Surgeons, 11 April
2016.
More...
The Hon T F Bathurst AC, Chief Justice of NSW,
'Statutory Commissions, Compulsory Examinations and Common Law
Rights' (2016)
Bathurst CJ's paper presented as part of the
Contemporary Issues in the Law Series at the UNSW Law School, 21
March 2016.
More...
Cases – Queensland
Tablelands Regional Council v Minister for Local
Government [2016] QSC 088
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
GROUNDS OF REVIEW – GENERALLY - where the Tablelands Regional
Council de-amalgamated and was replaced by two new local
governments – where a dispute arose over the division between
the two new councils of the former council's cash balance
– where a comprehensive process to determine the final cash
split was undertaken – where the dispute was referred to and
decided by the Minister under Local Government (De-amalgamation
Implementation) Regulation 2013 (Qld) – where the
applicant makes application for statutory review of the
Minister's decision pursuant to s 20 Judicial Review Act
1991 (Qld) – where the applicant alleges there was no
evidence or other material to justify the making of the decision
– where the applicant alleges the decision was an improper
exercise of power because of Wednesbury unreasonableness or because
the Minister failed to take into account a relevant consideration
– whether even if the Minister did err it would be
inappropriate to grant the application.
LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - CONSTITUTION,
AREA AND BOUNDARIES - REARRANGEMENT OF EXISTING AREAS -
CONSEQUENCES OF REARRANGEMENT - ON ASSETS AND LIABILITIES –
where the Tablelands Regional Council de-amalgamated and was
replaced by two new local governments – where a dispute arose
over the division between the two new councils of the former
council's cash balance – where in the first instance the
dispute was determined by the Minister under Local Government
(De-amalgamation Implementation) Regulation 2013 (Qld) –
where the applicant makes application for statutory review of the
Minister's decision pursuant to s 20 Judicial Review Act
1991 (Qld) – whether the Minister erred in her
decision. More...
Hammercall Pty Ltd v Minister for Transport &
Main Roads & Ors [2016] QCA 095
ADMINISTRATIVE LAW – PREROGATIVE WRITS AND ORDERS
– CERTIORARI – GROUNDS FOR CERTIORARI TO QUASH –
EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF
JURISDICTIONAL ERROR – where the appellant contended the
Minister's decision was invalid as he failed to consider all
materials attached to the application in accordance with s 9(5)(a)
Transport Planning and Coordination Act – where the
Minister's decision was attached to a briefing memorandum he
was given along with a large body of material relating to the
application to acquire the land – where the appellant did not
establish that the Minister did not consider the material
accompanying the briefing memorandum – whether there was a
jurisdictional error on the face of the record.
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND –
POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the
appellant contended it did not have the opportunity to comment on
the briefing memorandum given to the Minister or another
Departmental memorandum about the acquisition – where the
memoranda did not include any substantially new content about which
the appellant had not already been heard – whether the
appellant was denied procedural fairness. More...
Willis v State of Queensland [2016] QSC 080
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN
COMPENSATION - DETERMINATION OF CLAIMS - PROCEDURE - where tribunal
assessed applicant under s 502 of the Workers Compensation and
Rehabilitation Act 2003 (Qld) ("the Act") - where
tribunal made findings in respect of the applicant's degree of
permanent impairment - where applicant argued that the tribunal
failed to comply with the procedures required by the Act and the
Guidelines for Evaluation of Permanent Impairment ("the
Guides") - whether the tribunal complied with the procedures
required by the Act and the Guides.
ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REASONS FOR
ADMINISTRATIVE DECISIONS - ADEQUACY OF REASONS - where the reasons
of the tribunal made reference to the categories of the Psychiatric
Impairment Rating Scale ("PIRS") provided for in the
Guides - where the applicant submitted that, on the face of the
tribunal's reasons, the tribunal erred at law in its
application of the PIRS - whether, on the face of the
tribunal's reasons, the tribunal erred at law. More...
Legislation - Queensland
Migration
Legislation Amendment (2016 Measures No. 1) Regulation 2016 -
F2016L00523,
Bills Updated from Thursday 21 April 2016
Electoral (Improving Representation) and Other Legislation
Amendment Bill 2016
Introduced on 19/04/2016. Stage reached: PASSED with amendment on
21/04/2016. More...
Counter-Terrorism and Other Legislation Amendment Bill
2016
Introduced on 19/04/2016. Stage reached: Referred to Committee on
19/04/2016
Youth Justice and Other Legislation Amendment Bill
2016
Introduced on 21/04/2016. Stage reached: Referred to Committee on
21/04/2016
Constitution of Queensland and Other Legislation Amendment Bill
2016
Introduced on 21/04/2016. Stage reached: Referred to Committee on
21/04/2016
Crime and
Corruption Amendment Bill 2015
Stage reached: PASSED with amendment on 20/04/2016
Criminal Law (Domestic Violence) Amendment Bill (No. 2)
2015
Stage reached: PASSED on 19/04/2016
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.
