23rd April 2020: COVID-19 Contact Tracer App
Initially the Federal Government intended to legislate for the mandatory download and use of the COVID-19 Contact Tracer App, but has since backed from this position. The App is able to identify when users have been within 1.5 metres of other users for more than 15 minutes. This information could be useful to law enforcement agencies which want to connect two people have been in contact, but presents an obvious serious risk to civil liberties and potential for the misuse of data.
The legislation needs to prohibit law enforcement agencies at both Federal and State/Territory level from gaining access to the information collected from the Contact Tracer App. Should citizens voluntarily accept the App it should only permit Government access to the metadata for strict health reasons only. Safeguards must be put in place and ability of the user to have all data deleted.
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7th April 2020: Pell v The Queen [2020] HCA 12
The High Court found that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant’s guilt and ordered that the convictions be quashed and judgments of acquittal be entered in their place.
High Court of Australia – Full Judgment: Pell-v-The Queen [2020] HCA 12
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7th August 2019: Implied Freedom of Political Communication – Comcare -v- Michaela Banerji
The High Court of Australia unanimously upheld the decision of the Administrative Appeals Tribunal (AAT) to terminate the employment of the respondent . The respondent an employee of the Department of Immigration and Citizenship used her Twitter account to post more than 9,000 tweets, many of which were critical of the Department. This was in breach of the Australian Public Service (APS) Code of Conduct which amongst other things includes: “at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS” and “the APS is apolitical, performing its functions in an impartial and professional manner”.
High Court of Australia – Full Judgment
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27th May 2019: Defamation Update
Actor Geoffrey Rush awarded $2.87M after winning his defamation case against The Daily Telegraph newspaper (publisher Nationwide News). It is the largest individual award in Australia. The award comprises the original sum of $850,000 in general and aggravated damages, $1M for past economic loss, $919,678 in future economic loss and $42,000 in interest.
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26th May 2019: Victorian State Budget
The Federal Government has imposed luxury car taxes since 2000. Originally introduced to assist the local manufacturers of vehicles, at that stage there were four Australian companies. The Federal Tax is levied at a rate of 33% on every dollar spent above $66,331, but a higher threshold is set for vehicles that are deemed fuel efficient which is $75,526.
Presently there is not a local car industry to protect.
The Victorian Government in its State Budget flagged an additional Victorian luxury car tax for vehicles above $100,000. Over $100,000 a 7% rate would apply, rising to 9% for vehicles over $150,000. This extra or double tax would capture many popular vehicles, like the Toyota Landcruiser.
Although named stamp duty, it will be interesting to see whether a legal challenge is filed as this action appears to be a breach of section 90 of our Constitution in respect to customs/excise duties as the Federal Government has exclusive power to impose these taxes.
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10th October 2017: High Court to hear Dual Citizenship Case
The High Court will consider the eligibility status of seven Federal politicians: Barnaby Joyce (National), Nick Xenophon (NXT), Fiona Nash (National), Malcolm Roberts (One Nation), Matthew Canavan (LNP), Larissa Waters (Greens) and Scott Ludlum (Greens) under Section 44(i) of the Constitution.
Barnaby Joyce, Fiona Nash and Matthew Canavan allege they did not know they had dual citizenship.
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3rd February 2016: High Court Decision on Offshore Immigration Detention
The High Court held, by majority, that the plaintiff was not entitled to the declaration sought. The conduct of the Commonwealth in signing the second Memorandum of Understanding (MOU) with Nauru was authorised by s 61 of the Constitution. The High Court further held that the conduct of the Commonwealth in giving effect to the second MOU (including by entry into the Administrative Arrangements and the Transfield Contract) was authorised by s 198AHA of the Act, which is a valid law of the Commonwealth.
High Court One Page Judgment Summary.
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21st August 2015: Review of Consumer Property Acts
The State Government has announced a comprehensive review of key property legislation including: Sale of Land Act 1962, Estate Agents Act 1980, Conveyancers Act 2006 and Owners Corporations Act 2006. The Sale of Land Act and the Estate Agents Act have been in place for 53 years and 35 years respectively. The review will be conducted by Consumer Affairs Victoria and will include public consultation.
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3rd August 2015: The Government is considering tougher Competition Laws on retail giants
The Government is considering the introduction of an effects test which would ban the misuse of market power by retail giants that has the effect of substantially lessening competition particularly. The new test would assist smaller businesses.
The proposed test would set a lower threshold than the current test, which requires proof of an anti-competitive purpose or intent, this has been particularly difficult as it has resulted in practically no successful prosecutions under the existing law.
The new effects test is a recommendation from the Harper review into competition that would toughen section 46 of the Competition and Consumer Act 2010 (Cth).
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31st July 2015: Flight Centre Ltd -v- Australian Competition & Consumer Commission
Flight Centre has won an appeal overturning $11 million in penalties imposed against the company for anti-competitive practices.
Federal Court of Australia Judgment.
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1st July 2015: Legal Profession Uniform Law Commences Today
The Legal Profession Uniform Law Application Act 2014 (Vic) commences today and replaces the Legal Profession Act 2004 (Vic).
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1st December 2012: High Court of Australia Appointment
Federal Court of Australia Chief Justice Patrick Keane has been appointed to the High Court and is the 50th person to be appointed to the High Court since Federation in 1901. Justice John Dyson Heydon AC will retire.
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1st March 2013. Off-The-Plan Contracts
New requirements under s9AA(1A) of the Sale of Land Act 1962 Vic from 1st December 2012 Off-The-Plan contracts will require the vendor to contain a “conspicuous” notice to the purchaser which provides three disclosures. Possible wording:
(a) the purchaser may negotiate with the vendor about the amount of the deposit moneys payable under the contract, up to 10 per cent of the purchase price;
(b) a substantial period of time may elapse between the day on which the purchaser signs the contract of sale and the day on which the purchaser becomes the registered proprietor of the lot; and
(c) the value of the lot may change between the day on which the purchaser signs the contract for the sale of that lot and the day on which the purchaser becomes the registered proprietor.
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1st June 2012: Victorian Civil & Administrative Tribunal (VCAT) New President
Victorian barrister Greg Garde QC has been appointed a justice of the Supreme Court and president of VCAT.
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25th May 2012: New Equal Opportunity Act 2010 (Vic)
The new Equal Opportunity Act 2010 (Vic) affects everyone in the workplace. It is important you bring your business up-to-date on the key substantive and procedural changes introduced by the new Act and the likely impact on equal opportunity in your workplace.
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25th May 2012: Working With Children Checks
The government has introduced legislation into parliament to tighten tests on applicants being authorised to work with children when they have previous convictions for serious crimes.
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13th April 2012: Federal Court of Australia Appointments
Duncan Kerr SC and Dr John Griffiths SC have been appointed Federal Court judges.
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9th March 2012: Supreme Court of Victoria Appointment
Kate McMillan SC appointed justice of the Supreme Court.
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17th February 2012: Victorian Civil & Administrative Tribunal
The Victorian Civil &Administrative Tribunal (VCAT) has been given a funding boost of $1M to help VCAT clear around 800 cases and reduce waiting lists by up to six months.
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10th February 2012: New Judges Appointed in Victoria
Supreme Court Justice Robert Osborn has been appointed to the Court of Appeal and Michael Mcnamara and Bill Stuart SC have been appointed County Court judges.
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27th January 2012: Opening of the Legal Year
The opening of the legal year is on 30th January 2012.
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20th January 2012: Personal Property Securities Register
The Personal Property Securities Act 2009 (Cth) (the PPS Act), comes into operation on 30th January 2012, introduces a national commercial law that affects secured financing involving personal property. The PPS Act brings all relevant Commonwealth, state and territory laws and registers regarding personal property security interests under one national system and introduces a single national online Personal Property Securities register.