In the media
Wotton v State of Queensland
The Qld Attorney-General has announced that the parties
in Wotton v State of Queensland have agreed to a settlement scheme
and an apology, subject to the court's approval. In her
December 2016 ruling in the Federal Court, Justice Mortimer found
in favour of Lex, Cecilia and Agnes Wotton, and ruled that the
conduct of certain QPS officers in 2004 contravened section 9(1)
Racial Discrimination Act 1975 and that the actions of
certain police were found to be unlawful (01 May 2018)
More...
In practice and courts
Federal Budget 2018-19: Highlights for lawyers
Law Council of Australia has produced a summary of key
items from last night's Federal Budget of interest to the legal
profession.
More...
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed. The
closing date for submissions is 31 May 2018, which may be lodged here.
More...
Current Inquiries
Judiciary Amendment (Commonwealth Model Litigant
Obligations) Bill 2017
The Senate referred the Judiciary Amendment
(Commonwealth Model Litigant Obligations) Bill 2017 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 8 May 2018. More...
Forces of Change – Defining Future Justice
Conference 2018
The Australasian Institute of Judicial Administration is
pleased to announce the Forces of Change – Defining Future
Justice Conference will be held at the Stamford Plaza Brisbane,
Queensland from 24 – 26 May 2018. More...
Queensland
CCC Prosecutions
CCC: Brassall man charged with Misconduct in Public
Office
A 37-year-old man from Brassall was today charged with
Misconduct in Public Office following a Crime and Corruption
Commission investigation into Ipswich City Council (08 May 2018).
More...
CCC: Yamanto man charged with Misconduct in Public
Office
A 54-year-old Yamanto man was today served with a Notice
to Appear in Court to face one charge of Misconduct in Public
Office following a Crime and Corruption Commission investigation
(02 May 2018).
More...
CCC: Brassall man charged with fraud
A 47-year-old man from Brassall was charged today with
Fraud related offences by the Crime and Corruption Commission (02
May 2018).
More...
Queensland OIC current cases
U5OR8D and Department of Housing and Public
Works [2018] QICmr 19 (2 May
2018)
ADMINISTRATIVE LAW - AMENDMENT OF PERSONAL INFORMATION -
applications to amend information contained in Public Information
Documents and letters and a correspondence brief authored by
officers of the agency - information relating to issues arising
under the Retirement Villages Act 1999 (Qld) about the
management and operation of a Retirement Village - whether the
information sought to be amended is contained within a document of
the agency – section 13 of the Information Privacy Act
2009 (Qld).
Review of the Australian Solicitors' Conduct
Rules
The LCA has released a consultation paper entitled
'Review of the Australian Solicitors' Conduct Rules'.
The
review paper can be found on the QLS website. The QLS Ethics
Centre, on behalf of the Ethics Committee and the Queensland Law
Society, invites members and interested parties to provide
submissions with respect to the consultation paper by 31 May
2018.
Published – articles, papers, reports
Budget
2018-19
Government of Australia: 08 May 2018
The Turnbull Government has released the 2018-19 federal
budget.
Social Services Legislation Amendment (Drug Testing
Trial) Bill 2018 [Provisions]
Senate Community Affairs Legislation Committee: 07
May 2018
This report recommends that the Department of Social Services
should establish and publish the evaluation strategy of the drug
testing trial prior to the trial's commencement, and that the
outcomes of the trial be publicly released. More...
Australian Broadcasting Corporation—complaints
management
Australian National Audit Office: 03 May 2018
The objective of the audit was to assess the effectiveness of
the Australian Broadcasting Corporation's (ABC's)
management of complaints.
More...
The Domestic Violence Safety Assessment Tool (DVSAT) and
intimate partner repeat victimisation
Clare Ringland; NSW Bureau of Crime Statistics and
Research: 03 May 2018
This report outlines BOCSAR's evaluation of the DVSAT
screening tool (which is a key component of the Safer Pathway
program), to see how reliable it is in identifying victims of
domestic violence at high risk of repeat victimisation.
More...
Strategic audit plan 2018-21
Queensland Audit Office: 02 May 2018
The Queensland Audit Office (QAO) is
required to prepare and publish by 30 June each year a three-year
strategic audit plan (SAP) which shapes and drives
its program of performance audits. More...
Cases
High Court holds Katy Gallagher ineligible for
parliament due to dual citizenship: [2018] HCA 17
Today, 9 May 2018, the High Court of Australia ruled that
Labor Senator Katy Gallagher is ineligible to hold her seat in the
Australian Parliament as she had failed to take all reasonable
steps to renounce her dual citizenship prior to nominating for the
2016 election: Re Gallagher [2018] HCA 17. In a unanimous
decision, Chief Justice Kiefel, Justices Bell, Gageler, Keane,
Nettle, Gordon and Edelman ruled that Ms Gallagher had not taken
all steps reasonable required to renounce her citizenship, further
clarifying that this defence is only applicable where the law of
the foreign country "irremediably prevents" the
Australian citizen from renouncing foreign citizenship (see
paragraph [39]) (09 May 2018). More...
Lever and Comcare (Freedom of
information) [2018] AATA 1089
FREEDOM OF INFORMATION – request access to certain
documents – decision not to continue review – notice
under section 71 – whether documents are documents of an
agency – constructive possession – legal professional
privilege – allegation of fraud and misleading conduct
– decision varied.
Archives Act 1983 (Cth) – s.27; Freedom of Information
Act 1982 (Cth) – ss.4, 11, 15A, 20(1), 24, 24AA, 54W(b),
55K, 57A Part III; Safety, Rehabilitation and Compensation Act
1988 (Cth) – s.71.
Bendigo and Adelaide Bank Ltd v Patel
[2018] QDC 084
PRACTICE – Default judgment – claim for debt
including amount for compound interest – whether compound
interest recoverable – relevance of merits –
requirements of natural justice.
Loft v Minister for Local Government, Minister for Racing
and Minister for Multicultural Affairs [2018]
QSC 096
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where
the Governor in Council dismissed the applicant as Mayor of the
Fraser Regional Coast Council on the recommendation of the
respondent under the Local Government Act 2009 (Qld)
– where the respondent recommended the applicant's
dismissal on the basis of 11 findings of misconduct or
inappropriate conduct as well as a complaint regarding the
disclosure of an email to a journalist – where the applicant
seeks that the decision of the Governor in Council be set aside
– where the applicant seeks a declaration that the Local
Government (Fraser Coast Regional Council – Dismissal of
Councillor) Amendment Regulation 2018 (Qld) is invalid.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – RELEVANT CONSIDERATIONS –where the Governor in
Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the complaint regarding disclosure of the email was
before the Local Government Remuneration and Discipline Tribunal
– whether the respondent failed to take into account that the
complaint was "unproven" – whether the respondent
was precluded from acting on the complaint because it was before
the Tribunal.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT CONSIDERATIONS – where the Governor
in Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
–– where disciplinary findings regarding "previous
inappropriate disclosures" by the applicant were taken into
account by the respondent – whether the respondent considered
whether the disclosed information was confidential – whether
the respondent considered whether the applicant knew or ought
reasonably to have known that the disclosed information was
confidential – whether the respondent improperly took the
applicant's "previous inappropriate disclosures" into
account – whether the complaint regarding disclosure of the
email was wrongly characterised as a breach of s.171(3) of the
Local Government Act 2009 (Qld) and as amounting to
misconduct.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where
the Governor in Council dismissed the applicant as Mayor of the
Fraser Regional Coast Council on the recommendation of the
respondent under the Local Government Act 2009 (Qld)
– where the respondent recommended the applicant's
dismissal on the basis of 11 findings of misconduct or
inappropriate conduct as well as a complaint regarding the
disclosure of an email to a journalist –where the applicant
made submissions to the respondent that the complaint regarding
disclosure of the email was "unproven" and before the
Tribunal – whether the respondent considered the
applicant's submissions – whether the respondent failed
to give proper, genuine and realistic consideration to the
applicant's submissions – whether the respondent breached
the rules of natural justice.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – OTHER CASES – where the Governor in Council
dismissed the applicant as Mayor of the Fraser Regional Coast
Council on the recommendation of the respondent under the Local
Government Act 2009 (Qld) – where the respondent
recommended the applicant's dismissal on the basis of 11
findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the respondent made a finding that there was a real
prospect that the applicant may engage in similar conduct in the
future if action was not taken against him – where the
respondent made a finding that the applicant's behaviour had
damaged and continued to damage the standing of, regard for and
confidence of the public in the Council, the position of Mayor of
the Council, the position of councillor of the Council and the
system of local government generally – whether there was
evidence or other material to justify those findings.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – UNREASONABLENESS – where the Governor in
Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the respondent formed the belief that the applicant
had seriously and continuously breached the local government
principles – where the respondent formed the belief that the
applicant was incapable of performing his responsibilities –
whether the exercise of power dismissing the applicant was so
unreasonable that no reasonable person could so exercise the
power.
Roadshow Films Pty Limited v Telstra Corporation Limited
[2018] FCA 582
COPYRIGHT – application for "site
blocking" orders under s.115A of the Copyright Act
1968 (Cth) – online locations from which files used to
facilitate operation of online streaming service may be downloaded
– whether requirements of s.115A satisfied – whether
orders should be made - Copyright Act 1968 (Cth)
s.115A.
Helicopter Resources Pty Ltd v Commonwealth of
Australia [2018] FCA
595
ADMINISTRATIVE LAW – judicial review of a decision
of the Coroners Court of the ACT refusing to adjourn a coronial
inquest into the death of a pilot employed by the applicant until
criminal proceedings against the applicant were concluded –
where the coronial inquest required the applicant's chief pilot
to be a witness at the inquest.
PRACTICE AND PROCEDURE – where the applicant applied for
interim orders prohibiting the Coroners Court of the ACT from
requiring the applicant's employees and directors, including
the chief pilot, to give evidence at the inquest until further
order of the Court – whether the applicant established a
prima facie case – whether the balance of convenience favours
making the interim order – held: interim relief
granted.
Administrative Decisions (Judicial Review) Act 1977
(Cth); Australian Antarctic Territory Act 1954 (Cth),
ss.6, 10; Judiciary Act 1903 (Cth), s.39B; Work Health
and Safety Act 2011 (Cth).
The Club of Mt Isa Pty Ltd v Commissioner for Liquor and
Gaming Regulation [2018] QCAT
115
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR
LICENSING – LICENSING TRIBUNALS GENERALLY – REVIEWS
APPEALS AND CASES STATED – WHO MAY APPEAL – where
applicant failed to pay licence fee by due date – where
licence automatically cancelled – where applicant sought
review by the Queensland Civil and Administrative Tribunal –
where no decision to be reviewed.
ADMINISTRATIVE REVIEW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant failed to pay licence fee by due date – where
licence automatically cancelled – where applicant sought
review – where no decision to be reviewed – where
application struck out for want of jurisdiction.
Burgess v Queensland Building and Construction
Commission [2018] QCAT 118
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant for administrative review filed Notice of Withdrawal
eight days before scheduled hearing – where applicant failed
to advise respondent – where breakdown in internal procedures
caused withdrawal not to be processed expeditiously – where
respondent sought costs – whether interests of justice
required a costs order to be made.
New Acland Coal Pty Ltd v Smith
[2018] QSC 088
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – BIAS –
APPREHENSION OF BIAS – where a hearing took place on 2
February 2017, within the course of the proceeding, as a result of
concerns raised by the first respondent with the applicant, in
relation to media reports interpreted by the first respondent as
conveying the imputation that delays in finalising the proceeding
were attributable to the first respondent taking leave, which in
turn was the potential cause of job losses in the community –
whether a fair-minded lay observer might reasonably apprehend that
the first respondent felt personally disrespected and offended by
the media reports and by his Honour's perception of the
applicant's actions in contributing to the media reports, and
as a result, had a negative view of the applicant's corporate
conduct, which might have affected the first respondent's
ability to assess the issue of the media reports, and the
applicant's actions in relation to them, objectively –
whether there is a logical connection between that matter, and the
possibility of a departure from impartial decision-making, having
regard to the reasons given by the first respondent for his
decision to recommend refusal of the mining lease applications and
application to amend the environmental authority – whether
the applicant waived the right to any objection, on the basis of
the circumstances and conduct of the 2 February 2017 hearing, by
failing to take action immediately – whether there was
anything in the first respondent's reasons which effectively
revived the matters which might be apprehended from the 2 February
2017 hearing, such that it might reasonably be apprehended from the
reasons that the first respondent might not have brought an
impartial mind to the resolution of the questions he was required
to decide.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY –
whether the first respondent failed to accord procedural fairness,
by failing to deal with a substantial argument advanced by the
applicant, in relation to the issue of groundwater, by reference to
the operation and effect of the overall legal framework which would
apply to the expanded mine, including the associated water licence
provisions of the Water Act and the suite of conditions which would
otherwise apply – whether the first respondent failed to
adequately articulate his reasons for rejecting the argument.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – JURISDICTIONAL MATTERS – whether it was within
the jurisdiction of the Land Court of Queensland to consider the
prior conduct of the Department of Environment and Heritage
Protection, as the administering authority under the
Environmental Protection Act 1994, in relation to its
administration of the applicant's existing environmental
authority, and to consider the past performance of the applicant in
relation to compliance with its existing environmental authority,
in determining the relative merits of the applications.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – consideration of the obligation
and standard of reasons required to be given for a decision of the
Land Court of Queensland to make a recommendation under s.269 of
the Mineral Resources Act 1989 and s.191 of the
Environmental Protection Act 1994.
Anglo Coal (Moranbah North Management) Pty
Ltd [2018] QIRC
052
ANTI-DISCRIMINATION - APPLICATION FOR EXEMPTION -
Exemption from operation of specified provisions of the
Anti-Discrimination Act 1991 - Exemption relates to female
only intake in underground metallurgical coal mine - Exemption
sought under s.113 of the Act from the operation of ss 14, 15, 15A,
124 and 127 in relation to the attribute in s.7(a) of the Act (i.e.
sex) - Application granted.
Legislation
Commonwealth
High Court (2019 Sittings) Rules
2018
10/05/2018 - These Rules of Court appoint the High Court
days of sitting for 2019.
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
10/05/2018 – The Criminal Code and Other
Legislation Amendment (Removing Commonwealth Restrictions on
Cannabis) Bill 2018 removes Commonwealth barriers to the
legalisation, regulation and taxation of cannabis. As such, the
passage of this bill would allow any State or Territory Government
to legalise and regulate cannabis.
Queensland
Subordinate legislation as made
No 50:
Drugs Misuse Amendment Regulation 2018 -
04/05/2018.
No 51:
State Penalties Enforcement Amendment (Postponement) Regulation
2018 - 11/05/2018.
No 52:
State Penalties Enforcement (Hardship and Safeguards) Amendment
Regulation 2018 - 11/05/2018.
No 53:
Penalties and Sentences (Penalty Unit Value) Amendment
Regulation 2018 - 11/05/2018.
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.