In the media
Review of Supreme and District Courts to consider
'limiting jury use'
A review aimed at reducing delays in criminal proceedings
in the NSW Supreme and District Courts will consider "limiting
jury use" in some cases (04 July 2019).
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Chief Judge review to reduce court delays
The Chief Judge of the District Court, the Honourable
Justice Derek Price AM ,will carry out a review of case management
and jury processes to reduce delays in criminal proceeding sin the
District and Supreme Courts. The Department of Communities and
Justice will assist the Chief Judge with his review of possible
reforms in case management and jury processes (03 July 2019).
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Evidence Law Reform
Attorney General Mark Speakman today advocated for
historic reforms nationally to enable greater admissibility of
tendency and coincidence evidence in child sexual assault
proceedings. Judges would be required to exclude tendency or
coincidence evidence about a defendant if its probative value does
not outweigh the danger of unfair prejudice to the defendant (28
June 2019).
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In practice and courts
HCA Bulletins
High Court of Australia Bulletin [2019] HCAB 5 (24 June
2019)
AHRC: Commission calls for public submissions
The AHRC has released an issues paper for 'Free
and Equal': An Australian conversation on human rights and
has called for public submissions. Submissions are open until 12
July 2019. See the issues paper
here.
More...
JUDCOM: Criminal Trial Courts Bench Book —
Preliminaries (Update 61)
A new section on Sexual assault communications privilege
has been added at [1-895]ff. The section considers which
communications are protected; applications for leave; disclosing
and allowing access to protected confidences and the power to make
ancillary orders associated with disclosure (27 June 2019).
More...
Update: Uniform Evidence Law Reform 2019
The proposed reforms to the Uniform Evidence Law would
implement the Royal Commission's objective of facilitating
greater admissibility of tendency and coincidence evidence in child
sexual assault proceedings. The Australasian Parliamentary
Counsel's Committee will now draft a model bill for CAG's
consideration later this year.
More...
Costs Disputes - Amendment of the Legal Profession
Uniform General Rules 2015
On 1 July 2019 the Legal
Profession Uniform General Amendment (Indexation) Rule 2019
commenced. It adds rule 111A to the Legal Profession Uniform
General Rules 2015.
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Review of the Civil and
Administrative Tribunal Act 2013
The Department of Justice is conducting a review of
the Civil and Administrative Tribunal Act 2013 (NSW) to
determine whether the policy objectives of the Act remain valid and
whether the terms of the Act remain appropriate for securing those
objectives. Submissions to the review closed on 10 July 2019.
More...
NSW LRC: Open Justice Review - Court and tribunal
information: access, disclosure and publication
The Attorney General has asked us to review the operation
of suppression and non-publication orders and access to information
in NSW courts and tribunals.
More...
Cases
Masson v Parsons [2019] HCA
21
Appeal allowed. Constitutional law (Cth) – Courts
– Federal courts – Federal jurisdiction – Matter
arising under Commonwealth law – Where Commonwealth law
provides rules in respect of parentage of children born of
artificial conception procedures – Where State law provides
irrebuttable presumption that biological father of child conceived
by fertilisation procedure is not father in specified circumstances
– Whether s 79(1) of Judiciary Act 1903 (Cth)
operates to pick up and apply text of State law as Commonwealth law
– Whether State law regulates exercise of jurisdiction
– Whether Commonwealth law has "otherwise provided"
within meaning of s 79(1) of Judiciary Act – Whether
tests for contrariety under s 79(1) of Judiciary Act and s
109 of Constitution identical – Whether State law applies of
its own force in federal jurisdiction. Family law – Parenting
orders – Meaning of "parent" – Where
Family Law Act 1975 (Cth) presumes best interests of child
served by shared parental responsibility – Where s 60H of
Family Law Act provides rules in respect of parentage of
children born of artificial conception procedures.
Ngo v Commissioner for Fair Trading, Department of
Finance, Services and Innovation [2019]
NSWCATOD 103
ADMINISTRATIVE REVIEW – Home Building –
Supervisor certificate – Where respondent refused to grant
applicant supervisor certificate - Whether applicant had experience
which would enable him to do, or to supervise, the work for which
the certificate is required – Whether the Tribunal should
depart from a policy known as the "Instrument" –
Whether application of the policy would produce an unjust decision
– Whether the Tribunal may take into account uncorroborated
evidence given by the applicant about his construction
experience
JE v Secretary, Department of Family and Community
Services [2019] NSWCA 162
ADMINISTRATIVE LAW – judicial review –
appeal from Children's Court to District Court – whether
error of law on the face of the record or jurisdictional error
established – where common ground that applicant not accorded
procedural fairness
ADMINISTRATIVE LAW – procedural fairness – common
ground applicant denied procedural fairness – whether
discretionary grounds to refuse relief – whether proceedings
should be remitted to the District Court APPEAL – leave to
appeal – where statement of claim in District Court struck
out for disclosing no reasonable cause of action – discretion
to extend time to apply for leave – where no explanation for
29 months delay – whether case is fairly arguable
Gaynor v Local Court of NSW & Ors
[2019] NSWSC 805
ADMINISTRATIVE LAW – whether it would be possible
for the Local Court to be satisfied of the matter in s 34B(2)(c) of
the Civil and Administrative Tribunal Act – whether
it would be possible for the Local Court to be satisfied of the
matter in s 34B(2)(d) of the Civil and Administrative Tribunal
Act – whether ss 49ZS and 49ZT of the
Anti-Discrimination Act deprive the Local Court of
jurisdiction
Misrachi v Public Guardian [2019]
NSWSC 752
ADMINISTRATIVE LAW – administrative tribunals
– Civil and Administrative Tribunal (NSW) - whether the
Tribunal erred in failing to afford procedural fairness –
whether the Tribunal failed to take into account the general
principles in s 4 of the Guardianship Act 1987 (NSW)
– whether the Tribunal made a manifestly unreasonable
decision – whether the Tribunal placed excessive reliance on
matters to the exclusion of all relevant factors – whether
the Tribunal ought to have allowed the Daughter to adduce
particular medical evidence.
Doyle v State Parole Authority of NSW and
Anor [2019] NSWSC 774
ADMINISTRATIVE LAW – proper basis for directions
pursuant to s 155 of the Crimes (Administration of Sentences)
Act 1999 (NSW) – where satisfied that Community
Corrections pre-release report contained misleading information
– where satisfied that State Parole Authority's decision
to refuse parole based on misleading information gave rise to
circumstance of "manifest injustice" – consent
orders made
Legislation
NSW
Regulations and other miscellaneous
instruments
Births,
Deaths and Marriages Registration Amendment (Fees) Regulation
2019 (2019-310) — published LW 1 July 2019
Relationships
Register Amendment (Fees) Regulation 2019 (2019-311) —
published LW 1 July 2019
Companion
Animals Amendment Regulation 2019 (2019-279) — published
LW 28 June 2019
Disability
Inclusion Amendment (Supported Group Accommodation) Regulation
2019 (2019-280) — published LW 28 June 2019
Bills assented to
Crimes
(Administration of Sentences) Amendment (Inmate Behaviour) Act 2019
No 5 — Assented to 25 June 2019.
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