Full text | Explanatory Memorandum | Second Reading Speech

To stimulate the Queensland housing market by assisting housing affordability, increasing the supply of housing and supporting employment in the housing construction industry, the 2011-12 State Budget announced the availability of a Queensland Building Boost Grant (building boost grant) of $10,000 for the purchase or construction of a new home in Queensland valued at less than $600,000 (including land). The Building Boost Grant Act 2011 was enacted to give effect to the building boost grant scheme.

The building boost grant was initially available for eligible transactions undertaken on or after 1 August 2011 and before 1 February 2012. As there was insufficient time to enact the Building Boost Grant Act 2011 before commencement of the scheme on 1 August 2011, the building boost grant was paid by the Commissioner of State Revenue (Commissioner) under an administrative arrangement. The Building Boost Grant Act 2011 received Royal Assent on 4 November 2011, and had retrospective effect to 1 August 2011. The 2011-12 Mid-Year Fiscal and Economic Review, released on 13 January 2012, announced that the eligibility period for the building boost grant will be extended by three months (extended grant). The Building Boost Grant Amendment Act will give effect to that announcement.

Full text | Explanatory Memorandum | Second Reading Speech

The main objectives of the Act are to:

• implement the recommendations of the Rules Committee for the repeal, reform or relocation of the provisions of the 1995 Act;

• modernise and simplify provisions governing civil proceedings;

• repeal the 1995 Act and repeal obsolete provisions of the 1991 Act;

• amend the 1991 Act so that it only contains provisions specific to the Supreme Court;

• amend the District Court of Queensland Act 1967 and the relevant Magistrates Courts legislation to harmonise the provisions common to all three courts and to assist in the integration, consistency and effectiveness of the court registries; and

• make consequential amendments to references to the 1995 Act and repealed provisions of the 1991 Act.

Full text | Explanatory Memorandum | Second Reading Speech

The objectives of the Civil Partnership Act 2011 are to:

a) provide for the legal recognition of relationships of couples, regardless of gender, by registration of the relationships, to be known as civil partnerships;

b) allow couples the option of making a declaration of their intention to enter into civil partnerships before a civil partnership notary, prior to the registration of their civil partnerships;

c) provide for a process for the termination of civil partnerships;

d) recognise interstate registered civil relationships as civil partnerships for the purposes of State legislation;

e) create a registration process for civil partnership notaries; and

f) make consequential amendments to the following Acts as a result of the civil partnership scheme: Acts Interpretations Act 1954, Anti-Discrimination Act 1991, Births, Deaths and Marriages Registration Act 2003, Body Corporate and Community Management Act 1997, Corrective Services Act 2006, Duties Act 2001, Electrical Safety Act 2002, First Home Owner Grant Act 2000, Guardianship and Administration Act 2000, Integrated Resort Development Act 1987, Judges (Pensions and Long Leave) Act 1957, Land Tax Act 2010, Payroll Tax 1971, Powers of Attorney Act 1998, Prostitution Act 1999, Public Trustee Act 1978, Sanctuary Cove Resort Act 1986, Status of Children Act 1978, Succession Act 1981, Supreme Court Act 1995 and Surrogacy Act 2010.

Full text | Explanatory Memorandum | Second Reading Speech

The main objectives of the Act are to:

• implement the recommendations of the Rules Committee for the repeal, reform or relocation of the provisions of the 1995 Act;
• modernise and simplify provisions governing civil proceedings;
• repeal the 1995 Act and repeal obsolete provisions of the 1991 Act;
• amend the 1991 Act so that it only contains provisions specific to the Supreme Court;
• amend the District Court of Queensland Act 1967 and the relevant Magistrates Courts legislation to harmonise the provisions common to all three courts and to assist in the integration, consistency and effectiveness of the court registries; and
• make consequential amendments to references to the 1995 Act and repealed provisions of the 1991 Act.

Full text | Explanatory Memorandum | Second Reading Speech

The Health Legislation Amendment Act 2011 makes amendments to Health portfolio legislation to support policy initiatives to protect the health of Queenslanders and to improve the effective operation of the relevant Acts. In particular, the Act amends the:

• Food Act 2006 to provide for the establishment of a consistent framework for local governments to implement a food business rating scheme for licensed food businesses in their area; to improve the powers of the Chief Executive to respond to suspected intentional food contamination; to alleviate the regulatory burden on operators of food vending machines; to improve the process for considering applications for persons applying for approval as an auditor; to improve the mechanism by which an auditor is required to advise of a conflict of interest; and to update modifications to the application of the Food Standards Code in Queensland and redundant references in the legislation;

• Health Act 1937 to create a fee-making head of power;

• Health Quality and Complaints Commission Act 2006 to clarify the ability of the Health Quality and Complaints Commission to interact with both state and national boards to effectively deal with complaints concerning registered health practitioners;

• Pest Management Act 2001 to prescribe a competency document that must be submitted to support an application for a pest management licence;

• Public Health Act 2005 to improve the operation of powers to control the spread of contagious conditions at schools and child care services, and to allow the Chief Executive to delegate the power to release information from the Notifiable Conditions Register;

• Public Health (Infection Control for Personal Appearance Services) Act 2003 to update a superseded document reference; and

• Tobacco and Other Smoking Products Act 1998 (Tobacco Act) to ban the sale of fruit-flavoured and confectionary-flavoured cigarettes; to clarify the intent of designated outdoor smoking areas at licensed premises; to remove a redundant obligation on some businesses to display ‘no smoking signs’; to ban the sale of objects, such as novelty items, that resemble smoking products; and to provide for smoking products seized from minors to be forfeited to the State.

Full text | Explanatory Memorandum | Second Reading Speech

The Act aims to protect the safety and wellbeing of Queensland students through amendments relating to reporting of sexual abuse and cancellation of teacher registration and makes other minor and technical amendments. The Act will amend the Education (General Provisions) Act 2006 (EGPA) to:

(i) extend the mandatory requirements regarding the reporting of sexual abuse to include reporting where a staff member becomes aware, or reasonably suspects a student (who is a child or a student with a disability) has been sexually abused by any person, or reasonably suspects a student is likely to be sexually abused by any person;

(ii) allow directors of non-state school governing bodies to delegate their function to make and receive reports about sexual abuse under the EGPA; and

(iii) promote timely reporting by requiring principals to report allegations of sexual abuse or a likelihood of sexual abuse directly to the police.

Also, the Act will amend the Education (Queensland College of Teachers) Act 2005 (QCT Act) to:

(i) provide for the automatic cancellation of teacher registration or permission to teach where a person is convicted, after commencement of part 4 of the Act, of a serious offence, irrespective of whether the person is sentenced to imprisonment;

(ii) permanently prevent a person, including a former teacher whose registration has lapsed, from applying for teacher registration or permission to teach if they are convicted of a serious offence after commencement of part 4 of the Act;

(iii) enable a person who is prohibited from applying for registration or permission to teach to seek, in limited circumstances, an eligibility declaration, which if granted, will enable the person to then make a separate application to the Queensland College of Teachers (QCT) to apply for registration or permission to teach; and

(iv) enable the Queensland Civil and Administrative Tribunal (QCAT) to make disciplinary orders to prohibit a person from applying for registration or permission to teach for a stated period of time or for life.

In addition to these child protection measures, the Act will:

(i) reduce restrictions on Queensland universities regarding the leasing of land dedicated as reserve or granted in trust (trust land) and to provide clarity about the permitted use of certain trust land; and

(ii) make other minor and technical amendments.

Full text | Explanatory Memorandum | Second Reading Speech

The principal objectives of the Act are to –

(a) apply the Education and Care Services National Law (the National Law) set out in the Schedule to the Education and Care Services National Law Act 2010 (Victoria) as a law of Queensland;

(b) amend the Child Care Act 2002 so that it no longer applies to the early childhood education and care services that will be covered by the National Law; and

(c) make consequential amendments to other legislation.

The National Law establishes the National Quality Framework, which is comprised of –

• the National Law;

• the National Regulations;

• the National Quality Standard; and

• the prescribed rating system.

Full text | Explanatory Memorandum | Second Reading Speech

The registration and regulation of business names seeks to prevent the registration of names that are misleading, inappropriate and offensive, and to provide a business with a unique identity. It does not allow the granting of new business names which are the same or very similar to existing ones.

This process allows customers to know the identity of the person or legal entity behind a business name, thereby providing a level of transparency and confidence in transactions.

The objectives of the Act are to:

1. refer legislative power to the Commonwealth Parliament to enable it to legislate for the registration and regulation of business names;

2. repeal existing Queensland business names legislation (being the Business Names Act 1962 and Business Names Regulation 1998);

3. facilitate migration of business names registration data to the Australian Government, namely, the Australian Securities and Investments Commission; and

4. provide transitional and consequential amendment provisions.

Full text | Explanatory Memorandum | Second Reading Speech

The Disaster Readiness Amendment Act 2011 (the Act) will implement recommendations of the Queensland Floods Commission of Inquiry Interim Report (the Interim Report) and improve the State’s disaster preparedness ahead of the next wet season. The Act amends the following legislation:

• the Water Act 2000 and the South East Queensland Water (Restructuring) Act 2007 to provide a regulatory framework that enables the Minister to effect a temporary alteration to the full supply level of a dam with an approved flood manual after having sought advice, through the chief executive, from relevant entities;

• the Water Supply (Safety and Reliability) Act 2008 to make it clear that the chief executive can include in dam safety conditions a requirement about giving general flood information to residents immediately downstream of dams;

• the Disaster Management Act 2003 to strengthen and streamline disaster management planning and preparation, response and recovery, including through amending the membership of the State Disaster Management Group, requiring publication of disaster management plans on websites and streamlining extensions of declared disaster situations;

• the Transport Infrastructure Act 1994 and the Transport Operations (Road Use Management) Act 1995 to implement amendments designed to reduce the incidence of people driving on flooded or flood-affected roads; and

• the Sustainable Planning Act 2009 to ensure that repairs to community infrastructure other than buildings, for example, roads and bridges, that is damaged because of an emergency, such as a natural disaster or accident, can be carried out as quickly as possible to restore the functionality and safety of the infrastructure.

Full text | Explanatory Memorandum | Second Reading Speech

The primary purpose of the Health and Hospitals Network Act 2011 is to establish Local Health and Hospital Networks to deliver public sector hospital and other health services in Queensland.

The Act implements the Queensland Government’s legislative commitments that stem from the Council of Australian Government’s (COAG) Inter-Governmental Agreement, as agreed on 20 April 2010, and the COAG Heads of Agreement on National Health Reform, as agreed on 13 February 2011. First Ministers are currently leading a process to develop a new national health reform agreement that will combine the 2008 National Healthcare Agreement with the subsequent health reform elements agreed by COAG.

Full text | Explanatory Memorandum | Second Reading Speech

The primary objective of the Act is to create new legislation in respect to waste management and resource recovery in Queensland. The main objectives of the Act in relation to waste management are to:

• promote waste avoidance and reduction

• reduce the overall impact of waste generation

• promote resource recovery and efficiency actions

• promote the sustainable use of natural resources

• encourage the use of recovered resources

• ensure a shared responsibility between government, business and industry and the community

Full text | Explanatory Memorandum | Second Reading Speech

This Act amends the Local Government Electoral Act 2011. The amendments correct an administrative error in the renumbering of particular cross references within the commencement provisions after amendments for consideration in detail were passed.

Full text | Explanatory Memorandum | Second Reading Speech

The Act amends the Electricity Act 1994 (the Electricity Act) and the Electricity Regulation 2006 (the Electricity Regulation), to allow for the replacement of the Benchmark Retail Cost Index (BRCI) methodology for determining notified electricity prices, and the Queensland Competition Authority (QCA) developing a new electricity pricing methodology and retail tariff structures, to commence from 1 July 2012. The Act also amends the Electricity Act to allow for changes to the conditions of eligibility for connection to the Queensland Solar Bonus Scheme (the Scheme), to commence retrospectively from 8 June 2011.

Full text | Explanatory Memorandum | Second Reading Speech

This Act amends the Major Sports Facilities Act 2001. The Act provides for the management, operation, use, development and promotion of facilities in Queensland for staging national or international sports, recreational or entertainment events and for other purposes.

[Assented to 8 September 2011]

Full text | Explanatory Memorandum | Second Reading Speech

This Act deals with matters about dividing fences and trees, makes consequential and minor amendments to the Acts mentioned in schedule 1 and amends the Land Act in 1994 and the Queensland Civil and Administrative Tribunal Act 2009 for particular purposes.

[Assented to 9 August 2011]

Full text | Explanatory Memorandum | Second Reading Speech

This Act amends the Acts Interpretation Act 1954, the Auditor-General Act 2009, the Financial Accountability Act 2009, the Legislative Standards Act 1992, the Parliamentary Service Act 1988 and the Parliament of Queensland Act 2001 for particular purposes.

[Assented to 9 August 2011]

Full text | Explanatory Memorandum | Second Reading Speech

This Act authorises the Treasurer to pay amounts from the consolidated fund for departments for the financial years starting 1 July 2009, 1 July 2011 and 1 July 2012.

[Assented to 9 August 2011]

Full text | Explanatory Memorandum | Second Reading Speech

This Act authorises the Treasurer to pay amounts from the consolidated fund for the Legislative Assembly and parliamentary service for the financial years starting 1 July 2009, 1 July 2011 and 1 July 2012.

[Assented to 9 August 2011]

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 06 June 2011

The explanatory memorandum provides that the objectives of this Act are:

To provide for work health and safety legislation that will form part of a system of nationally consistent work health and safety laws. The Act sets out legal duties and operating requirements that are to be applied on a nationally consistent basis to all parties responsible for work health and safety and will be supported in the future by nationally consistent regulations and codes of practice.

The purpose of the amendments to the Workers’ Compensation and Rehabilitation Act 2003 is to provide for a review of the workers’ compensation scheme every five years, to strengthen insurance and data collection arrangements in the construction industry, and to ensure workers’ entitlements to accrue leave while on workers’ compensation.

Amendments applying specifically in the building and construction industry are designed to create whole-of-project relationships and will aim to improve safety, compliance and rehabilitation and influence cultural change in the industry.

Commencement: This Act, other than part 17, part 18, division 1 and part 19, commences on a day to be fixed by proclamation.

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 19 May 2011

This Act amends the Electoral Act 1992 to make reforms to political donations and election campaign expenditure and funding for State elections. In particular, the Bill imposes caps on amounts donors can make to political parties, candidates and third parties for election spending. It also places caps on certain expenditures by political parties, candidates and third parties in the period prior to an election.

Commencement: The Act will commence on a day to be fixed by proclamation.

Date of Assent: 19 May 2011

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 19 May 2011

The explanatory note provides that the main purposes of this Act are to: Provide for the involuntary detention and the care and support and protection, of forensic disability clients while at the same time -

• safeguarding their rights as well as their rights and freedoms; and
• balancing their rights and freedoms with the rights and freedoms of other people; and
• promoting their individual development and enhancing their opportunities for a quality life; and
• maximising their opportunities for reintegration into the community.

The Act will provide the Mental Health Court with an alternative and more appropriate forensic secure care option for people who have an intellectual or cognitive disability but do not require involuntary treatment for a mental illness.

Commencement: This Act commences on a day to be fixed by proclamation.

Date of assent: 19 May 2011

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 14 April 2011

This Act to amends the following legislation:

• Adult Proof of Age Card Act 2008
• Building Act 1975
• Criminal Code
• Electrical Safety Act 2002
• Electricity Act 1994
• Environmental Protection Act 1994
• Tow Truck Act 1973
• Transport Infrastructure Act 1994
• Transport Operations (Marine Safety) Act 1994
• Transport Operations (Passenger Transport) Act 1994
• Transport Operations (Road Use Management) Act 1995
• Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
• Transport Planning and Coordination Act 1994
• Transport (Rail Safety) Act 2010

Commencement

The following provisions commence on a day to be fixed by proclamation:

• part 4
• section 72
• sections 100(1) to (10), 101 to 110, 113 and 114
• part 13

The following provisions commence on 1 August 2011:

• section 77
• section 89
• section 90
• section 91, other than to the extent it inserts sections 190 and 191
• section 93
• section 94(3), (4) and (5).

The following provisions commence on 1 September 2011:

• section 80
• sections 82 to 88
• section 91, to the extent it inserts sections 190 and 191.

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 04 April 2011

Objectives of the Act:

• To amend the excuse of accident (section 23(1)(b), Criminal Code) to omit the term ‘accident’ and substitute the term with a phrase which better reflects the ‘reasonably foreseeable consequence’ test;
• To recast the partial defence of provocation (section 304, Criminal Code) to address its bias and flaws;
• To amend relevant provisions of the Criminal Code to overcome evidentiary difficulties which can arise in the prosecution of wilful damage cases where the owner of the relevant property is not readily identifiable, for example, gravestones and certain public property;
• To criminalise the unlawful ‘interference’ of graves and like property such as war memorials where such ‘interference’ may not fall within the meaning of ‘damage’ to allow for a prosecution of wilful damage. Property is damaged within the meaning of section 469 when it is rendered imperfect or inoperative;
• To amend the Criminal Code in relation to the joinder of charges which will contribute to the modernisation and streamlining of the criminal justice system;
• To amend the Appeal Costs Fund Act 1973 to allow a convicted person to recover from the Appeal Costs Fund (the Fund), the additional costs incurred in appealing their sentence or in responding to an appeal against their sentence, where the appeal is relevant to the giving or review of a guideline judgment.
• To amend the Retail Shop Leases Act 1994 to ensure that rent reviews are not avoided under ‘ratchet’ clauses preventing decreases in rent Criminal Code and Other Legislation Amendment Bill 2010 and to entitle assignees from lessees to claim compensation under section 43 of the Act.

This Act amends:

• the Criminal Code
• the Appeal Costs Fund Act 1973
• the Appeal Costs Fund Regulation 2010
• the Retail Shop Leases Act 1994
• the Summary Offences Act 2005

The act commences from the 04 April 2011

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 04 April 2011

The ecplanatory note explain the objectives of the Act are to amend the Electrical Safety Act 2002 and Electrical Safety Regulation 2002 to implement a new Electrical Equipment Safety System (EESS). Once the EESS is enacted in other jurisdictions, this will provide a uniform system across Australia and New Zealand. The key objective of the system is to eliminate the human and financial costs of shock, injury and property damage that can be caused by unsafe electrical equipment used by consumers and installed in their premises. The Bill aims to provide enhanced consumer safety by refining the current system and making it more responsive to a contemporary, globalised environment. The EESS will also reduce regulatory burden and introduce a number of efficiencies for industry.

This Act makes amendments to the Electrical Safety Act 2002, Electrical Safety Regulation 2002, Industrial Relations Act 1999, Industrial Relations Regulation 2000, Industrial Relations (Tribunals) Rules 2000 and the Workers’ Compensation and Rehabilitation Act 2003, and to make minor and consequential amendments of legislation as stated in the schedule.

The following provisions: Part 2; part 3; and schedule, part 2 commence on a day to be fixed by proclamation. Section 52, to the extent it inserts chapter 20, part 12, division1, commences, or is taken to have commenced, on 27 March 2011.

Full text | Explanatory Memorandum | Second Reading Speech
Date of enactment: 17 March 2011

The Explanatory notes provide that the primary objectives of the Bill are to:

• introduce a regulation-making power to enable the specification and enforcement of minimum energy performance standards for gas appliances and equipment;
• introduce a regulation-making power to provide for the collection of royalty estimates to be used in the compilation of the State Budget;
• vary the Gladstone Power Station State Agreement under the Gladstone Power Station Agreement Act 1993;
• enhance administration of tenure-related and safety and health-related resource legislation; and
• correct minor drafting errors and align existing legislation with current drafting practices.

This act also amends the following acts:

• Clean Energy Act 2008
• Coal Mining Safety and Health Act 1999
• Explosives Act 1999
• Geothermal Energy Act 2010
• Gladstone Power Station Agreement Act 1993
• Greenhouse Gas Storage Act 2009
• Mineral Resources Act 1989
• Mining and Quarrying Safety and Health Act 1999
• Petroleum and Gas (Production and Safety) Act 2004

Commencement

• Sections 7 and 80 commence on a day to be fixed by proclamation

Date of Assent: 17 March 2011

Full text | Explanatory Memorandum

This amendment gives effect to the increase of membership fees to the Queensland Law Society pursuant to the power vested in the Society under section 696 and 697 of the Legal Profession Act 2007 (Qld). Specifically, under section 696(1)(b) of the Act the Queensland Law Society is able to make rules regulating the government of the society and its members.

Full text | Explanatory Memorandum

On 30 November 2011, the Civil Partnerships Act 2011 (the Act) was passed in the Legislative Assembly and received assent on 6 December 2011. Sections 1 and 2 of the Act commenced on assent. Section 2 of the Act provides that the Act commences on a day fixed by proclamation.

The Act (apart from Part 3 and certain other provisions relating to civil partnership notaries) will commence on 23 February 2012. The provisions relating to civil partnership notaries will commence on 2 April 2012. The Act provides the legal recognition of relationships of couples, regardless of gender, by registration of the relationships, to be known as civil partnerships.

The Act allows couples the option of making a declaration of their intention to enter into civil partnerships before a civil partnership notary, prior to the registration of their civil partnerships. The Act also provides: a process for the termination of civil partnerships; recognition of interstate registered civil relationships as civil partnerships for the purposes of State legislation; and the creation of a registration process for civil partnership notaries. The objectives of the Regulation are to:

• support the operation of the Civil Partnerships Act 2011 (the Act) by prescribing the documents required to be provided to the Registry of Births, Deaths and Marriages in order to register a civil partnership and to list the relationships and corresponding laws in other jurisdictions that are taken to be registered as a civil partnership under the Act; and

• making consequential amendments to the regulations set out below following commencement of the Act:

• amendments to sections 13, 15 and Schedules 1 and 2 and inserts four new provisions in the Births, Deaths and Marriages Registration Regulation 2003 to ensure that certain matters provided for in the regulation also include references to civil partnerships and to prescribe the information about civil partnerships in certain registers;

• amendment to section 3 of the Personal Injuries Proceedings Regulation 2002 to include details of a relevant civil partnership where the claim is a dependency claim.

• amendment to schedule 1 of the Queensland Civil and Administrative Tribunal Regulation 2009 to prescribe the application fee that is to be imposed on an application for review made to the Queensland Civil and Administrative Tribunal from a decision by the Registrar under the Act; and

• amendment to section 111 of the Workers’ Compensation and Rehabilitation Regulation 2003 to include the details of a relevant civil partnership where the claimant is a spouse of the deceased worker.

Full text | Explanatory Memorandum

The objective of the regulation is to give effect to the final stage of the recommendations of the 2008 Review of the Queensland Port Network Structure ('the Review'), which recommended the implementation of a five port authority network for Queensland's port Government Owned Corporations.

Full text | Explanatory Memorandum

The objectives of the Regulation are to:

• support the operation of the Civil Partnerships Act 2011 (the Act) by prescribing the documents required to be provided to the Registry of Births, Deaths and Marriages in order to register a civil partnership and to list the relationships and corresponding laws in other jurisdictions that are taken to be registered as a civil partnership under the Act; and

• making consequential amendments to the regulations set out below following commencement of the Act:

• amendments to sections 13, 15 and Schedules 1 and 2 and inserts four new provisions in the Births, Deaths and Marriages Registration Regulation 2003 to ensure that certain matters provided for in the regulation also include references to civil partnerships and to prescribe the information about civil partnerships in certain registers;

• amendment to section 3 of the Personal Injuries Proceedings Regulation 2002 to include details of a relevant civil partnership where the claim is a dependency claim.

• amendment to schedule 1 of the Queensland Civil and Administrative Tribunal Regulation 2009 to prescribe the application fee that is to be imposed on an application for review made to the Queensland Civil and Administrative Tribunal from a decision by the Registrar under the Act; and

• amendment to section 111 of the Workers’ Compensation and Rehabilitation Regulation 2003 to include the details of a relevant civil partnership where the claimant is a spouse of the deceased worker.

Full text | Explanatory Memorandum

The objective of the regulation is to support the Act by providing an effective and efficient regulatory system for the administration of geothermal tenures under the Geothermal Energy Act 2010.

The regulation provides detailed requirements for matters such as reports and information, notices, records and samples, fees, rents, plugging and abandoning wells and the establishment of the geothermal energy register.

Full text | Explanatory Memorandum

This Amendment Rule amends the Uniform Civil Procedure Rules 1999 (UCPR). The principal purpose of the Amendment Rule is to align the procedures for service of foreign judicial documents with those prescribed by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention). The Amendment Rule also provides for the delegation of the Attorney-General's functions in relation to service of foreign processes or citations. The Amendment Rule also: clarifies the process for the assessment of ‘estate accounts’ (previously called executors’, administrators’ and trustees’ accounts); facilitates the expanded use of electronic court documents; and makes minor technical amendments.

Notified in the gazette on 9 December 2011.

Full text | Explanatory Memorandum

The primary objective of the notice is to give notice of the approval of an interstate scheme by the Professional Standards Council of South Australia.

Notified in the gazette on 9 December 2011.

Full text | Explanatory Memorandum

The primary objective of the notice is to give notice of the approval of an interstate scheme by the Professional Standards Council of South Australia.

Notified in the gazette on 9 December 2011.

Full text | Explanatory Memorandum

The Regulation amends the Tobacco Regulation to:

• update the current requirement for price tickets in retail settings and for tobacco product vending machines, to ensure that price tickets are not used to directly or indirectly promote smoking products;

• omit the current requirements for price boards and signs for humidified rooms or humidified containers, as the heads of power under the Act for these items has been removed;

• prescribe the requirements for a ‘mandatory sign’ which is a new sign that replaces the ‘quit smoking sign’ and ‘prohibition sign’ (to notify persons of the laws that prohibit the supply of smoking products to children) and combines the requirements of those two signs; and

• prescribe the requirements for a ‘permitted sign’, which is a new sign that retailers may use to advise customers of the availability of smoking products at the outlet. The amendments will also amend the State Penalties Enforcement Regulation 2000 to insert a PIN offence for the following sections of the Tobacco Act:

• s.13B (retailer must have only one point of sale);

• s.26A(3) (retailer must not advertise smoking products other than as provided for in the Tobacco Act);

• s.26HC(1) (retailer must display mandatory signage); and

• s.26IF (tobacco vending machine operator must display mandatory signage).

Full text | Explanatory Memorandum

The harmonisation of work health and safety (WHS) laws is part of the Council of Australian Governments’ National Reform Agenda aimed at reducing the regulatory burden and creating a seamless economy. The objects of harmonising WHS laws through a model framework are to protect the safety of workers, improve safety outcomes, reduce compliance costs for business and improve efficiency for health and safety regulators. The national model WHS laws comprise a national model WHS Act, national model WHS regulations and a suite of national model WHS codes of practice. The package of WHS laws has been developed by Safe Work Australia (SWA) and agreed under the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (IGA). SWA is comprised of Commonwealth, State and Territory governments, employer and worker representatives.

Full text | Explanatory Memorandum

The objective of the legislation is to provide rules for the just and expeditious disposition of the business of the Industrial Court of Queensland, the Queensland Industrial Relations Commission, the Industrial Magistrates Court and the Industrial Registrar at a minimum of expense.

The new rules are required to align with amendments to the Industrial Relations Act 1999 and other Acts which refer matters to the tribunals, since the last major overhaul of the Rules in 2000. They also provide for matters that may be dealt with by the tribunals under the new Work Health and Safety Act 2011 which is to commence on 1 January 2012.

Full text | Explanatory Memorandum

The amendments specify requirements for the calibration testing of speed cameras for the purpose of certifying that a camera was producing accurate results under section 120(2A) of the Transport Operations (Road Use Management) Act 1995.

The Queensland Police Service has been adhering to the requirements since speed cameras were introduced in 1997. The amendments will simply formalise those requirements in legislation. This will help maintain public confidence in the accuracy of speed cameras.

The amendments increase the maximum unladen mass of a motorized wheelchair under the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (the Queensland Road Rules) and the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 (Vehicle Registration Regulation) from 110kg to 150kg.

Modern motorised wheelchairs often weigh more than 110kg. Therefore, it is necessary to amend the legislation to ensure that people can lawfully use modern motorised wheelchairs on paths (that is, footpaths, bicycle paths and shared paths) and that motorised wheelchairs remain eligible for an exemption from the payment of registration fees.

Full text | Explanatory Memorandum

The objective of the plan is to provide a framework for the allocation and sustainable management of surface water including overland flow water in the plan area. This plan has this objective to meet future water requirements, including the protection of natural ecosystems and security of supply to water users.

The plan area includes the following watercourses and their tributaries—

• Barcoo River

• Thomson River

• Darr River

• Alice River

• Landsborough Creek

• Towerhill Creek

• Torrens Creek

Full text | Explanatory Memorandum

The objective of this subordinate legislation is to incorporate a number of minor amendments to the Fisheries Regulation 2008 (the Regulation) identified through Fisheries Queensland's regular review of its legislation. These amendments are needed to better reflect the intent of the policy and to correct minor errors. Generally the amendments involve:

• the removal of certain unnecessary regulatory burden requirements such as the removal of some possession restrictions;

• allowing increased flexibility relating to what fishing apparatus may be used;

• expanding the list of noxious fish; and

amending certain descriptions of regulated waters to make corrections and/or to reflect the current status.

Full text | Explanatory Memorandum

The regulation makes amendments to the Vegetation Management Act 1999 (VMA) to give effect to the Area Management Plan (AMP) framework. The AMP framework has been developed under the Blueprint for the Bush - OnePlan project to streamline regulatory requirements for rural land and natural resource managers. The AMP framework provides an alternative pathway for landholders to meet their vegetation management regulatory requirements, providing an avenue to undertake a more holistic property management approach. The framework also enables third parties, such as local government, industry or regional natural resource management groups, to develop and submit a draft AMP for approval by the Department of Environment and Resource Management's (DERM) Chief Executive.

Although AMPs will provide an alternative approval process to development applications, AMPs must still meet the requirements in the Regional Vegetation Management Codes and the State Policy for Vegetation Management.

Full text | Explanatory Memorandum

The amending regulation achieves the policy objectives by expanding the discretion of the chief executive to decide on how a person may inspect (or obtain copies) of information contained in the register. In addition to allowing a person to access the register through a departmental office, the amending regulation will also ensure the chief executive is able to provide the community with alternative ways to access information on the register, such as an on-line licence search facility.

Full text | Explanatory Memorandum

The regulation will assist victims of crime in enforcing court compensation orders by authorising the chief executive to release information from the vehicle register to them or to parties acting on their behalf.

The regulation will also provide flexibility in inspection requirements for particular heavy vehicles in special circumstances, such as after natural disasters or for remote areas. The amendments are designed to minimise adverse impacts on the transport industry without compromising road safety.

Full text | Explanatory Memorandum

The 2011 Regulation supports the efficient delivery of the major policy objectives of the Aboriginal Land Act 1991 (ALA), which are to provide for the grant of land to Aboriginal people and to enable them to use the land for cultural and/or economic purposes.

The Aboriginal Land Regulation 1991 (the 1991 Regulation) is being repealed and re-made to meet the requirements of the Statutory Instruments Act 1992 in that subordinate legislation expires after the 10th anniversary of the day of its making unless it is sooner repealed or expires, or a regulation is made exempting it from expiry.

Exemption from the expiry for the 1991 Regulation has been given on the grounds that a review of the ALA is being conducted. The review is inclusive of the 1991 Regulation.

Full text | Explanatory Memorandum

This Regulation supports the efficient delivery of the major policy objectives of the Torres Strait Islander Land Act 1991 (TSILA), which are to provide for the grant of land to Torres Strait Islander people and to enable them to use the land for cultural and/or economic purposes.

The 2011 Regulation will support the efficient delivery of the policy objectives of the TSILA, by providing for the following:

• the governance of Torres Strait Islander land trusts (bodies that may hold land under the TSILA) including in respect of matters concerning payments to, indemnifying and giving immunity to land trust members under certain circumstance, land trust structure, mandatory and adopted rules, dealing with trust property, meeting processes, and reporting requirements;

• consultation requirements of a Torres Strait Islander land trust that may arise in relation to a mining interest on land granted under the TSILA (consultation is with those people for who they hold the land on behalf);

• prescribed percentages that will apply in relation to a royalty under the Mineral Resources Act 1989 or the Petroleum and Gas (Production and Safety) Act 2004 in relation mining that occurs on land granted under the TSILA (if mining occurs on land granted under the TSILA, the trustee of the land is entitled to receive a percentage of the royalty amount);

• description of land declared for purposes under the TSILA, e.g. as transferable land for grant under the TSILA; and

• transitional provisions that sustain persons in appointed Torres Strait Islander land trust positions and the adopted rules of a Torres Strait Islander land trust which would otherwise have been voided by the making of the 2011 Regulation.

Full text | Explanatory Memorandum

The Statutory Instruments Act 1992 (SIA) automatically expires subordinate legislation on 1 September first occurring after the 10th anniversary of the day of its making. However where replacement subordinate legislation is being drafted the SIA allows for a regulation to be made exempting the original regulation from expiry. The Statutory Instruments Amendment Regulation (No 1) 2011, (SIA Regulation 2011) which is due to commence on 31 August 2011, will exempt a number of Regulations, including Queensland's Industrial Relations Regulation 2000 (IR Regulation 2000), from expiration.

The IR Regulation 2000 was due to expire on 1 September 2011. This Regulation gives effect to a range of provisions in the Industrial Relations Act 1999 (IR Act). The IR Act cannot operate effectively without a regulation, therefore it is necessary to make a replacement Regulation. The proposed replacement Regulation is due to commence on 15 September 2011.

As a major review of Queensland's industrial relations legislative regime is not being undertaken, it is considered appropriate for the replacement Regulation to mirror the IR Regulation 2000 apart from minor changes to ensure the provisions are up to date, remain consistent with the IR Act and are drafted according to contemporary drafting principles. These changes are limited to:

• correcting drafting errors;

• making consequential amendments;

• making amendments of a machinery nature;

• removing an obsolete provision; and

• increasing the prescribed amount applicable under the IR Act to unfair dismissal applications, notice and severance provisions and unfair contract applications before the Queensland Industrial Relations Commission. This amount is indexed at this time each year to mirror an indexed annual adjustment to the federal specified rate under federal legislation.

Full text | Explanatory Memorandum

The principal purpose of the Amendment Regulation is to amend the court fees payable for civil matters and increase the fees charged for the provision of copies of transcripts and records. The amendments aim to: align Queensland fees for the Supreme and District Courts with those of other Australian States and Territories; achieve fee parity with the Federal Court for matters of shared jurisdiction under the Corporations Act 2001 and the Admiralty Act 1988; and more closely reflect the actual costs of providing copies of transcripts and recordings. As a consequence of the new and increased fees, the Amendment Regulation replaces the current fee waiver regime with an expanded fee reduction regime to ensure justice continues to be accessible to all who need it.

Full text | Explanatory Memorandum

This regulation includes provisions for the management, use and safety at public marine facilities; the control of activities, approvals, and fees in state-managed boat harbours; the appointment of authorised officers, enforcement and regulatory notices for public marine facilities; prescribing powers of Authorised Officers; punitive arrangements for non-compliance; and the collection of levies from appointed managers of facilities.

Full text | Explanatory Memorandum

This regulation provides for the continuation of regulatory arrangements for the issuing of notices to control and prevent fires as well as to specify fire levy classes and contributions property owners are charged.

Full text | Explanatory Memorandum

The objective of the regulation is to remake the current Commission for Children and Young People and Child Guardian Regulation 2001, which will expire on 1 September 2011. The regulation is essential to the Commission’s functions for administering Chapter 8 of the Act - Screening for regulated and employment and regulated businesses (more commonly known as the Working with Children Check or blue card system).

Full text | Explanatory Memorandum

The principal purpose of the Amendment Regulation is to amend the court fees payable for civil matters and increase the fees charged for the provision of copies of transcripts and records. The amendments aim to: align Queensland fees for the Supreme and District Courts with those of other Australian States and Territories; achieve fee parity with the Federal Court for matters of shared jurisdiction under the Corporations Act 2001 and the Admiralty Act 1988; and more closely reflect the actual costs of providing copies of transcripts and recordings.

QSC12-112.pdf

Supreme Court of Queensland
Douglas J

ADMINISTRATIVE LAW – JUDICIAL REVIEW – STANDING TO INSTITUTE PROCEEDINGS – PARTICULAR CASES – where applicants are local residents living two to three kilometres from the Ebenezer Mine – where evidence of the previous effect of the mine’s operations on the applicants’ amenities – where the relevant statutory scheme provides no procedure for objection regarding an application for renewal of a mining lease – whether the applicants were persons “aggrieved” pursuant to s 7(1)(a) of the Judicial Review Act 1991

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where the Minister for Employment, Skills and Mining for the State of Queensland reported to the Governor in Council that he was satisfied of the matters in s 286A of the Mineral Resources Act 1989 (“the Act”) and recommended the renewal of mining lease ML4712 on 5 September 2011 – where production ceased at the mine in December 2002 – where the mining lease expired on 1 November 2008 – where the leaseholder was also the owner of the land the subject of the mining lease – whether the leaseholder used the land for no other purpose than the purpose for which the mining lease was granted – whether other activities carried out on the land constituted a purpose other than the purpose for which the lease was granted – whether the cessation of mining constituted a breach of the mining lease – whether the Minister satisfied himself that the land still contained workable quantities of mineral or mineral bearing ore – whether the Minister satisfied himself that the public interest would not be adversely affected by the renewal of the mining lease – whether the Minister failed to consider the correct question of whether he was satisfied of the matters set out in s 286A of the Act such that the decision ought be set aside – whether the decision of the Governor in Council to renew the mining lease ought be set aside

High Court of Australia
French CJ Gummow Hayne Heydon Crennan Kiefel Bell JJ

QCA12-121.pdf

Supreme Court of Queensland, Court of Appeal
Holmes and Muir JJA and Mullins J

• Devries & Anor v Australian National Railways Commission & Anor (1992-93)177 C.L.R. 472; (1993)112 A.L.R. 641; 67 A.L.J.R. 528 — FAA
• Fox v Percy [2003] HCA 22; (2003)118 ALR 118; 197 ALR 201; 77 ALJR 989 — FAA

APPEAL AND NEW TRIAL – GENERAL PRINCIPLES –INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – NECESSITY FOR FINDING TO BE CLEARLY WRONG – where the respondent claimed damages against the appellant – where the respondent alleged the appellant defamed him at a Surf Club by calling him a paedophile, inter alia, in the presence of other patrons – where the respondent claimed that there were subsequent instances of conflict in which the appellant and others called him a paedophile and other derogatory terms – where the respondent alleged these instances amounted to a “hate campaign” – where the primary judge accepted the evidence of the respondent with respect to the Surf Club and other incidents – where the primary judge concluded the evidence of the respondent was corroborated by other witnesses – where the primary judge doubted the credibility of the appellant and his witness – where the respondent was successful in his claim – where the primary judge ordered that the appellant pay the respondent $150,000 plus costs – whether the primary judge’s reasons for judgment were deficient – whether the primary judge misapplied the rules in Jones v Dunkel with respect to the failure to call witnesses – whether the primary judge took an unbalanced approach – whether the primary judge failed to use, or misused, the advantage of a trial judge – whether the primary judge failed to properly regard the evidence of witnesses

QCA12-116.pdf

Supreme Court of Queensland, Court of Appeal
Margaret McMurdo P and Holmes JA and Mullins J

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARDON, COMMUTATION OF PENALTY, REFERENCE ON PETITION FOR PARDON AND INQUIRY AFTER CONVICTION – REFERENCE TO COURT – where the Attorney-General has referred points arising out of a ruling on an application to exclude certain evidence – where the respondent was charged on indictment with the offence of murder – where the respondent made a confession in a police interview – where evidence of the confession was excluded on an application on the ground that it was not given voluntarily – where a threat or a promise was found to have been communicated to the respondent by a person in authority through the medium of the respondent’s lawyer – whether conduct constituting a threat or promise conveyed by the respondent’s lawyer acting in the ordinary course of his engagement engages the provisions of s 10 of the Criminal Law Amendment Act 1894 in relation to a threat or promise being communicated by a person in authority – whether reference involved points of law within the meaning of s 668A of the Criminal Code 1899

QSC12-121.pdf

Supreme Court of Queensland
Dalton J

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY – applicant pleaded guilty to one count of fraud with circumstances of aggravation – applicant sentenced to 9 years’ imprisonment with a recommendation for parole eligibility after serving 3 years’ imprisonment –applicant’s health deteriorated while imprisoned – applicant applied for exceptional circumstances parole order – whether the Parole Board failed to consider the case put by the applicant – whether the Parole Board misconstrued the term exceptional circumstances – whether there was a denial of natural justice – whether there was a failure to take into account a relevant consideration

QSC12-109.pdf

Supreme Court of Queensland
Applegarth J

• Macfie v SGIO (Qld) (1985)3 A.N.Z.I.C. 60-606 — FAA

INSURANCE – GENERAL – MISREPRESENTATION AND NON-DISCLOSURE – Statutory remedies

INSURANCE – INSURANCE AGENTS AND BROKERS – GENERAL DUTY OF CARE

QSC12-106.pdf

Supreme Court of Queensland
Mullins J

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY

QSC12-103.pdf

Supreme Court of Queensland
Margaret Wilson J

SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – THE MAKING OF A WILL – REVOCATION – METHODS OF REVOCATION – DESTRUCTION OR MUTILATION OR STRIKING OUT PORTIONS – IN GENERAL

High Court of Australia
French CJ Hayne Heydon Crennan Bell JJ

QCA12-099.pdf

Supreme Court of Queensland, Court of Appeal
Margaret McMurdo P and Muir JA and Douglas J

ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY

QSC12-098.pdf

Supreme Court of Queensland
Chief Justice

• Masters v Cameron (1954)91 C.L.R. 353 — FAA

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – AGREEMENTS NOT INTENDED TO CREATE LEGAL RELATIONS – DOMESTIC, SOCIAL AND OTHER AGREEMENTS

EQUITY – GENERAL PRINCIPLES – GENERALLY

QCA12-088.pdf

Supreme Court of Queensland, Court of Appeal
Fraser and White JJA and A Lyons J

CRIMINAL LAW – APPEAL AND NEW TRIAL – OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – where counsel for the defendant at his hearing at first instance made a no case submission and this was accepted by the magistrate – where the District Court judge on appeal concluded that the magistrate had erred, recorded a conviction and remitted the matter back to the Magistrates Court for sentence – where the defendant was not advised of his rights and had not elected to give or call evidence – whether a conviction should have been recorded

QCA12-092.pdf

Supreme Court of Queensland, Court of Appeal
Muir and Fraser JJA and Margaret Wilson AJA

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SUMMARY JUDGMENT

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – STATEMENT OF CLAIM

PROCEDURE – COURTS AND JUDGES GENERALLY – JUDGES – IMMUNITY FROM PROCEEDING

CONSTITUTIONAL LAW – THE NON-JUDICIAL ORGANS OF GOVERNMENT – THE CROWN – LIABILITIES OF THE CROWN – IN TORT – FOR ACTS OF SERVANTS OR AGENTS – LIABILITY OF SERVANT OR AGENT – FOR MISFEASANCE IN PUBLIC OFFICE

STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND DUTIES – EXERCISE – LIABILITY – NEGLIGENCE – PARTICULAR CASES

QSC12-077.pdf

Supreme Court of Queensland
McMeekin J

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – SPECIAL RELATIONSHIPS AND DUTIES – where employee injured in course of employment – where liability accepted – whether settlement was reasonable – whether principal is liable in damages for injuries sustained by employee of independent contractor – whether duty owed by principal to employee of independent contractor

QSC12-063.pdf

Supreme Court of Queensland
McMurdo J

LANDLORD AND TENANT – RENEWALS AND OPTIONS – EXERCISE OF OPTION – RIGHT TO EXERCISE OPTION – where the plaintiff purported to exercise its option to renew a lease for a period of further five years – where the right to a renewed lease was conditional upon the plaintiff not being in default of its obligation to pay outgoings - where the defendant claimed that the plaintiff was in breach of the covenant to pay outgoings under the original lease - whether the plaintiff’s right to renewal of the lease was lost by a breach of a covenant of the existing lease

ESTOPPEL – GENERALLY – where the plaintiff claimed that the defendant was estopped from claiming that the option to renew was not exercised – where the defendant responded to the plaintiff’s correspondence regarding the option - whether there was sufficient evidence of the parties’ state of mind to establish an estoppel by silence

QSC12-074.pdf

Supreme Court of Queensland
Fryberg J

Procedure – Supreme Court procedure – Queensland – Procedure under Uniform Civil Procedure Rules and predecessors – Pleading – Defence and counterclaim – Uniform Civil Procedure Rules 1999 (Qld), r 166, r 171 – Denials and non-admissions – Self-incrimination and penalty privilege

QDC12-044.pdf

Queensland District Court
Wall QC DCJ

Appeal – Principal and Agent – Prosecution – Real Estate Agent – Statutory obligation on selling agent to disclose person receiving benefit and amount, value or nature of benefit – Property Agents and Motor Dealers Act s.138(1)(c) – Extent to which identity of beneficiary and amount, value or nature of benefit should be disclosed.

QCA12-055.pdf

Supreme Court of Queensland, Court of Appeal
Muir JA and Margaret Wilson AJA and Applegarth J

• Libke v The Queen [2007] HCA 30; (2007)230 CLR 559 — FAA

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – where the appellant was convicted after a trial of 10 counts of supplying a dangerous drug with a circumstance of aggravation, seven counts of indecent treatment of a child under 16 and four counts of rape – where the complainant was a 15 year old child entrusted to the care of the appellant – where the complainant alleged that the appellant would commit sexual acts against her whilst she was greatly under the influence of cannabis – where the prosecution abandoned cognitive capacity as a ground for lack of consent – where the trial judge did not direct the jury with respect to that abandonment – where the prosecutor personally attacked defence counsel in his closing address and drew the jury’s attention to protecting the weak and vulnerable of society – where the trial judge did not specifically direct the jury with respect to these aspects of the prosecutor’s address – whether the trial judge’s directions with respect to the meaning of consent were inadequate – whether the prosecutor’s closing address exceeded the bounds of proper comment and submission – whether the verdicts are unreasonable and unsupported by the evidence

QCA12-054.pdf

Supreme Court of Queensland, Court of Appeal
Fraser and White JJA, and Daubney J

• R v H [1998] QCA 348; [1999]2 Qd.R. 283 — FAA
• R v DAJ [2005] QCA 40 — FAA

APPEAL AND NEW TRIAL – NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS – IN GENERAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES INVOLVING MISCARRIAGE – MISDIRECTION – where appellant convicted on two counts of indecent treatment of a child under 16 years – where child under 12 years – where appellant sentenced on one count to nine months imprisonment suspended after four months and operational for 12 months, and sentenced to three months on the other count – where primary judge included s 93A interviews in exhibits with jury during deliberations, under s 99 discretion – where primary judge did not discuss this with counsel, and counsel did not object – where primary judge did not specifically remind the jurors of what emerged in the relevant cross-examinations to the s 93A interviews – where the primary judge did not warn the jury against the risk of giving the s 93A evidence disproportionate weight – whether the jury might therefore have given that evidence disproportionate weight – whether a miscarriage of justice had occurred

QCA12-047.pdf

Supreme Court of Queensland, Court of Appeal
Muir, Fraser and Chesterman JJA

• R v Min, Suryanto & Salas (Blokland J, NTSC, 18 February 2011, sentencing remarks) — DIS
• R v Santoso, Wawan & Bin Seneman (Riley CJ, NTSC, 18 January 2011, sentencing remarks) — DIS
• R v Wetangky (Riley CJ, NTSC, 18 January 2010, sentencing remarks) — DIS

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to the offence of facilitating the bringing to Australia a group of five or more people who were non-citizens and did not have visas in effect – where the applicant was sentenced to six and a half years imprisonment with a non-parole period of four years – whether the sentencing judge placed too much weight on the commercial aspects of the applicant’s conduct, the applicant’s involvement of his son, the applicant’s pre-departure actions, and deterrence – whether the sentence imposed was manifestly excessive

QDC12-036.pdf

Queensland District Court
Long SC DCJ

PRACTICE AND PROCEDURE – PLEADINGS – Application by the Plaintiff for further and better particulars - Whether through a Reply filed by the Plaintiff there has been a deemed admission by operation of UCPR 166 – Whether the application should fail even if there is no deemed admission.

QSC12-045.pdf

Supreme Court of Queensland
North J

CIVIL PROCEDURE - PRACTICE & PROCEDURE - pleading - whether pleading has a tendency to prejudice or delay the fair trial of the proceeding

QSC12-044.pdf

Supreme Court of Queensland
Atkinson J

• Castlemaine Tooheys Ltd v South Australia (1989-90)169 C.L.R. 436; (1990)64 A.L.J.R. 145 — FAA
• Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 — FAA

Electoral Act 1992 (Qld) ss71(4)(b), 73(3), 77, 102, 196(5)(a)

QCA12-029.pdf

Supreme Court of Queensland, Court of Appeal
Margaret McMurdo P and Chesterman JA and Atkinson J

• R v Forde [1923]2 K.B. 400 — FAA
• Meissner v The Queen [1995] HCA 41; (1994-95)184 C.L.R. 132; (1995)130 A.L.R. 547; 69 A.L.J.R 693 — FAA
• R v Tait [1998] QCA 304; [1999]2 Qd.R. 667 — FAA
• R v GV [2006] QCA 394 — DIS
• R v Baker [2011] QCA 104 — FAA

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where appeal brought eight years out of time – where sentences already served in full – where delay explained by new evidence which applicant claimed only became available six months ago and which he sought leave to adduce – whether the proposed appeal has prospects of success – whether the application for extension of time should be granted

CRIMINAL LAW – EVIDENCE – MISCELLANEOUS MATTERS – APPLICATION FOR LEAVE TO ADDUCE EVIDENCE – where applicant sought an order for the production of a document, exhibit or other thing – whether the material would assist the proposed case – whether the application should be granted

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAISNT CONVICTION RECORDED ON PLEA OF GUILTY – GENERAL PRINCIPLES – where applicant pleaded guilty to several sexual offences – where applicant argued that plea was induced by threats by the prosecution – where alleged threats were to introduce evidence from related murder trial – where applicant argued further that he pleaded guilty on advice from his legal representatives – where applicant believed that plea would not be accepted because of psychiatric condition or because facts open to interpretation of innocence – whether conviction should be set aside notwithstanding free and voluntary guilty plea

QCA12-036.pdf

Supreme Court of Queensland, Court of Appeal
Margaret McMurdo P and White JA and Margaret Wilson AJA

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – GENERAL WORDS – where the appellant contended that his claim was outside the scope of the Personal Injuries Proceedings Act 2002 (Qld) – where the appellant contended that his injuries did not arise out of “an incident” within the meaning of s 6 PIPA – where appellant contended that his claim for malicious prosecution could not be described as “a claim” under the Act – where appellant failed to comply with necessary procedure – whether statement of claim was so unsatisfactory that it was unclear whether certain claims were beyond the scope of the Act

CONSTITUTIONAL LAW – OPERATION AND EFFECT OF COMMONWEALTH CONSTITUTION – GENERAL MATTERS – RELATIONSHIP BETWEEN COMMONWEALTH AND STATES GENERALLY – EFFECT OF STATE LAWS ON THE COMMONWEALTH – PARTICULAR CASES – where the claim was within the jurisdictional competence of the Supreme Court of Queensland pursuant to s 56(1)(b) of the Judiciary Act 1903 (Cth) – where the Personal Injuries Proceedings Act 2002 (Qld) applied by virtue of s 64 Judiciary Act 1903 (Cth) – where Personal Injuries Proceedings Act 2002 (Qld) applied to appellant’s claims by virtue of s 79 Judiciary Act 1903 (Cth) – where the appellant claimed inconsistency between State and Commonwealth laws – where the state law was found to apply to both the appellant and Commonwealth alike – whether the appellant’s submission on inconsistency was rejected

PRIVATE INTERNATIONAL LAW – CHOICE OF LAW – TORTS – GENERAL PRINCIPLES – where the appellant claimed that the Commonwealth is jointly liable for torts committed by one of its officers – where the appellant alleged conspiracy to pervert the course of justice, malicious prosecution, misfeasance in public office, breach of statutory duty, defamation, breach of international obligations to the sovereign state of Papua New Guinea, negligence and perjury – where the appellant submitted that the lex loci delicti was the common law of Australia – where this submission was not accepted – where, in the case of an intranational tort, the locus delicti is the State or Territory where the tort occurred – where in so far as torts occurred in Australia, they occurred in Queensland – where lex loci delicti is Queensland law – where Personal Injuries Proceedings Act 2002 (Qld) applicable in claims for personal injuries

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Peter O'Donahoo and Daniel Kinsey, ALLENS ARTHUR ROBINSON (2012) 22(6) Australian Product Liability Reporter 234

The Full Court of the Federal Court of Australia's recent decision in Merck Sharp & Dohme (Australia) Pty Ltd v Peterson highlights the difficulties of successfully pursuing claims relating to the manufacture and sale of pharmaceuticals as a class action. The case concerned a representative proceeding commenced by Graeme Peterson on behalf of patients who sued the anti-inflammatory druf Vioxx and then suffered a myocardial infarction (MI, or, in lay terms, a heart attack).

Tom Spencer (2012) 40(2) Australian Business Law Review 64-76

"The corporate veil" has become an iron curtain, removable in only a few exceptional cases. This article argues that the corporate veil is a rebuttable presumption of independence, and not the separate entity doctrine whereby each company is inviolably separate from its shareholders, which found the doctrine. The doctrine of the undisclosed principle is set out, culminating in analysis of the Privy Council's decision in Sui Yin Kwan (1994). It then raises the separate entity principle and the agency veil piercing cases, particuarly those involving implied agency such as Smith, Stone & Knight (1939), before suggesting hwo the undisclosed principal can clarify them.

Peter Hungerford-Welch (2012) 5 The Criminal Law Review 320-342

This article examines the decision of teh ECtHR in Hanif and Khan and argues that the presence of of police officer on jury is incompatible with the right to fair trial because of risk of bias, whether conscious or subconsciuos, on the part of that juror.

Sulette Lombard, Vivienne Brand and Jeff Fitzpatrick (2012) 26(3) 256-276

The regulation of insolvency practitioner behaviour has received sustained attention in the last two years. However, little focus has been given to the potential for private enforcement of liquidator obligations to support the modernisation of the regulation in this context. This paper discusses the bases that might ground an action against a practitioner and considers who may have standing to bring those actions. The way in which those actions might serve dual compensatory and regulatory functions is also addressed. While the efficacy of private enforcement is yet untried, the necessary constituent elements seem to be present. If effective, private enforcement measures would contribute to regulatory pluralism in this area, in itself a desirable outcome. By incorporating private actions against delinquent insolvency practitioners into the broader regulatory framework, better regulation may be achieved.

Hayley Bennett and G A (Tony) Broe (2012) 86(4) The Australian Law Journal 258-276

The High Court decision of Briginshaw v Briginshaw (1938) 60 CLR 336 is understood to lay down certain principles in relation to the civil standard of proof, that is, that the facts in issue must be proved to the satisfaction of the decision maker on the balance of probabilities. One of those principles relates to the state of mind of the decision maker and to the nature and quality of the decision-making process leading to the obtaining of the requisite satisfaction. In Briginshaw, the judges held that, in cases where serious and grave allegations had been made, a "reasonable satisfaction" of mind will not be achieved unless the decision maker "feels an actual persuasion", feels "comfortably satisfied", and is not "oppressed" with reasonable doubt. With this, the judges have suggested that what a judge feels and somatically experiences contributes to, and in fact may be decisive of, the decision-making outcome. These judicial insights from 1938 are intriguing from a neurobiological perspectives, given what is currently known about this participation of mental processes and somatic sensations in decision making. This article will review the decision in Briginshaw and the principles discussed therein. In particular however, the aim is to examine the decision-making processes described by the judges in order to determine whether the processes outlines are consistent with what is scientifically known today about decision-making processes and their neurobiological underpinnings.

Sam Middlemiss (2012) 20(1) The Tort Law Review 35-40

Recent important developments in case law in the United Kingdom which expand the liability of employers for making negligent misstatements about employees provide an opportune time to revisit the tort of negligent misstatements. This article concentrates on the nature and extent of the liability of the employer for (the delictual wrong of) breaching the duty of care owed to an employee through making negligent misstatements or representations about the employee. As will be seen from the analysis of these developments, the liability of an employer in this context will not extend to the making of derogatory or unfair statements about an employee outside the content of reference.

Roxanne Burd and Jacqueline Joran (2012) 36(2) Criminal Law Journal 103

The growing availability of information is challenging the right to a fair trial in the 21st century. For decades courts have maintained the integrity and impartiality of the jury by shielding jurors from pre-trial publicity. However, as the traditional forms of media have expanded into the world wide web, it has become increasingly difficult to control both the dissemination of information and the conduct of jurors. This article explores the level of prejudicial impact of publicity of high profile trials. Remedies to alleviate such an impact are discussed.

Justice Kenneth Martin (2012) 35(3) Australian Bar Review 252

This article looks at the evolution of the concept of the lawyer's 'higher' duty to the Court, particularly from the perspective of barristers. The first part of the article examines the duty, commencing with the seminal contribution of Justice David Ipp in his 1998 Law Quarterly Review article, and a subsequent widespread recognition of the duty of the Courts and its current embodiment in barristers' conduct rules around Australia. The second part of the article seeks to provide some day-to-day examples of the duty in application, particularly by reference to Queensland case scenarios and from the perspective of evaluating whether there does exist any tension between the duty to the client and the duty to the Court.

Justice Stephen Thackray (2012) 2(2) Family Law Review 65-72

This article is an edited version of a paper given at a practitioner's conference on the drafting of affidavits, prior to the introduction of the "less adversarial" procedures. Attention is drawn to relevant provisions of the Family Law Act and Family Law Rules. Practitioners are given hints about drafting affidavits that are likely to assist the ultimate consumer - the judge. Some examples are poorly drafted affidavits are given to provide guidance about what not to include in an affidavit. The author recognises the focus is on practice in Western Australia, where routinely "the practitioner" is both solicitor and counsel - and only some of the judges are "feral".

Laura Letts (2012) 29(2) Environment and Planning Law Journal 101-113

The emerging coal seam gas (CSG) industry in Australia is promoted as providing unparalleled opportunities for Australia's economic and regional development, as well as delivering numerous employment opportunities. However, the CSG industry is also strongly opposed by some people, who cite possible risks to the environment and water resources and health impacts on grounds for prohibiting CSG extraction. This article considers whether, in the context of CSG production in Queensland, the 2010 amendments to the Water Act 2000 (Qld) are sufficient to ensure water resources are used and regulated in such a way that protects both the short and long-term quality and availability of Queensland's water resources. The Queensland regulatory regime is considered against the National Water Commission's 2010 position statement on CSG.

Richard Buxton [2012] The Criminal Law Review 275-281

This article reviews the important general issues raised by the recent decision of the Supreme Court in Gnango in relation to the common law of accessory liability; in respect of the restraint that the Supreme Court should exercise when asked to enter a conviction on the basis of arguments that had been disclaimed by the prosecution in the lower courts.

Kate Galloway and Tim McGrath (2012) 20(1) Insolvency Law Journal 5-18

Appointment of an administrator over company assets under the Corporations Act 2001 (Cth) is a means by which company property may be protected for the benefit of creditors and shareholders in the face of actual or anticipated insolvency. Creditors' and shareholder's interests in or claims upon company property are often in conflict with those of third parties - such as lessors of real property who might seek to forfeit the company's lease and regain possession of property. In these circumstances, the tenant company in administration may make a claim for relief against forfeiture or call upon the application of a s444F moratorium. As two recent cases show, such a moratorium maybe extended beyond the expiration or termination of a deed of company arrangement. This article examines the decisions in Kelly and Morris v Hedz Pty Ltd (unreportedm Sup Ct, Qld, Jones J, 30 July 2010) and Strazdins v Birch Carroll & Coyle Ltd (2009) 178 FCR 300 to determine the extent to which s444F declarations can be considered to align with or augment equitable relief. In doing so it considers a 2011 Federal Court critique of s444F protection, concluding that unless s 444F reconsidered, relief against forfeiture may be a preferable remedy.

John Tarrant (2012) 28(3) Journal of Contract Law 237-267

Not all litigation is pursued to the end of the relevant trial or appeal. In many cases the parties will agree to settle the litigation and have that agreement reflected in consent orders. In addition, consent orders may be made during litigation in relation to any number of interim matters. Importantly, some of these consent orders will be underpined by a binding contract between the parties. The author explores the issues that arise where a consent order is underpinned by a contract. The existence of a contract will make it more difficult for a consent order to be amended or set aside because to do so would interfere with the contractual agreement between the parties. Nevertheless, in relation to interim orders, the courts retain jurisdiction to override the contractual rights of the parties where that is required in the broader interests of justice. The author argues that the position is not entirely settled in relation to final orders that have been entered.

Hon Barry O'Keefe AM QC (2012) 28(2) Buidling and Construction Law Journal 87-90

This article looks at an appeal decision of the New South Wales Court of Appeal, which raised questions concerning the differences between the nature of hte reasons required of an expert for his or her determination on the one hand, and those required of an arbitrator or a court on the other, and the desirability of making expert determinations final and binding.

Linda Pearson (2012) 23(1) Public Law Review 16-32

The principles governing how a merits review tribunal gives consideration to a policy formulated or applied by the agency whose decision is under review are relatively well settled. Whether a review tribunal should develop its own policy in the course of exercising its adjudicative functions is less well explored, and potentially more contentious. This article considers different approaches to policy formulation in administrative review, drawing on examples from environmental and planning, and asylum, decision-making in Australia, the UK and Canada. It addresses issues of the source of power to develop policy or guidance, adequacy, and the status of tribunal guidance.

Andrew McRobert (2012) 22(3) Australian Intellectual Property Law Journal 119-136

Claims of misleading and deceptive conduct that depend on reputation subsisting in a name or some other indicia (claims analogous to passing off), are currently subject to a rule that fixes the applicant's reputation at a particular point in time: being the date at which the respondent commenced its conduct and not, for example, at the date at which legal action is commenced. This article traces the development of this rule in passing off and its later application to allegations of misleading or deceptive conduct. The author argues that the rule inherently tends to permit the continuing deception of consumers and should no longer be applied in misleading or deceptive conduct cases.

Sarah Russell (2012) 20(1) Australian Journal of Competition and Consumer Law 6-18

Since the introduction of the Australian Consumer Law in April 2010, the Australian Competition and Consumer Commission has had additional enforcement powers and remedies at its disposal. This article examines the use of those new powers and remedies since they became available, focusing in particular on the Commission's use of infringement notices; the imposition of civil pecuniary penalties for contraventions of the consumer protection provisions of the Australian Consumer Law, including the factors taken into account by the courts in determining the level of penalty; and the extent to which non-party consumer redress orders have been sought and obtained.

Guzyal Hill (2012) 20(1) Australian Journal of Competition and Consumer Law 18-25

On 1 January 2011, Australia entered into a new era of consumer legislation. This change created an industry in itself, and lawyers have taken an active part in the ensuing information-sharing frenzy. However, in all this turmoil, it seems that lawyers have forgotten that the new requirements apply to them as well. This article aims to provide an analysis of how the new provisions apply to the legal profession.

Shona Stevens (2012) 57(2) Queensland Environmental Practice Reporter

On 1 July 2012 Australia's emissions trading scheme (ETS) will commence. As part of the ongoing debate regarding whether to introduce the ETS as Australia's key response to reducing greenhouse gas emissions, it had been questioned whether the repeal of the Clean Energy Act 2011 (Cth) would result in the acquisition of property under s51(xxxi) of the Australian Constitution.

The Clean Energy Act defines the carbon unit as personal property. However, the ETS in other jurisdictions generally define a carbon unit as an authorisation to emit. Similarly, other legislation in Australia in areas such as fisheries, mining and water usually do not define permits or entitlements as personal property. Why hast he government taken this approach for the ETS; what are the implications; would the courts agree that a carbon unit is personal property; and if so, must compensation be paid for extinguished carbon units if the Clean Energy Act is repealed?

Mia Louise Livingstone (2012) 23(1) The Australasian Dispute Resolution Journal 6-14

Two key challenges to the enforcement of arbitration of exclusive jurisdiction agreements in Australia have exposed a raft of competing public policy tensions: first, whether or not claims made under the Competition and Consumer Act 210 (Cth) (CCA) fall within the scope of arbitration agreements; and, secondly, if they do, whether or not those claims are arbitrable. This article investigates two different and inconsistent approaches that have been adopted by the Full Court and the Federal Court of Australia to resolve these issues. By examining the shift in public policy underpinning these different approaches, this article founds that a liberal approach to enforcing arbitration (or exclusive jurisdiction) agreements is preferred to, and has prevailed over, a restrict approach in favour of enforcing arbitration agreements. However, the current Australian position on the arbitrability of CCA claims is not entirely clear.

Niloufer Selvadurai and Md Rizwanul Islam (2012) 36(1) Criminal Law Journal 38-50

Criminal defamation has for many years been considered an antiquated law - a dinosaur awaiting extinction. The main grounds for criticism have been the perceived lack of likelihood that defamatory comments can create a real risk of harm, and the propensity of the action to unduly suppress freedom of speech. As a consequence, the law has fallen out of favour and has had limited application in recent years. However, the widespread use and popularity of social networking sites, and the significant potential for inflammatory comments made on such sites, makes it timely to examine the relevance of the law.

Philip Rawlings [2012] The Journal of business law 89-111

If a lender has committed to lend, in what circumstances can it refuse to advance the funds? The credit crisis has brought this issue into the spotlight because of retrenchment among lenders, who, for various reasons, find it difficult to fulfil commitments. Aside from the issue of whether there is an enforceable contract, its terms typically offer the lenders a good deal of latitude when it comes to complying with a request from the borrower that the funds be paid over. On the other side, assuming the lender is under an obligation to advance funds, what remedies does the borrower have? Along with a discussion of damages it is argued that, contrary to the generally accepted view, specific performance may be available.

Nicholas Mavrakis and Michael Legg (2012) 40(1) Australian Business Law Review 26

Tristan Howes (2012) 30(1) Company and Securities Law Journal 7

Sam Middlemiss 19(3) The Tort Law Review 142

Jeremy Stoljar.
Millers Point, N.S.W. : Pier 9, 2011.

• Trials > Australia

Ian Serisier [and] Tom Altobelli.
Chatswood, N.S.W. : LexisNexis Butterworths, 2012.

• Domestic relations > Australia
• Domestic relations Courts > Australia

LexisNexis (Firm).
[Albany, N.Y.?] : LEXIS Pub., 2001-

• Trial practice > United States > Periodicals
• Civil procedure > United States > Periodicals
• Court rules > United States > Periodicals

John Cartwright.
London : Sweet & Maxwell : Thomson Reuters, 2012.

• Contracts > Great Britain
• Fraud > Great Britain
• Mistake (Law) > Great Britain
• Disclosure of information > Law and legislation > Great Britain

by Charles Hollander & Simon Salzedo.
London : Sweet & Maxwell, 2011.

• Conflict of interests > Great Britain
• Chinese walls (Communication barriers) > Great Britain
• Disclosure of information > Law and legislation > Great Britain
• Judicial ethics > Great Britain

Samantha Hepburn.
Chatswood, N.S.W. : LexisNexis Butterworths, 2012.

• Real property > Australia > Cases
• Property > Australia > Cases

by David Eady and A. T. H. Smith.
London : Sweet & Maxwell : Thomson Reuters, 2011.

• Contempt of court > England
• Contempt of court > Wales

Tania Sourdin.
Pyrmont, N.S.W. : Lawbook Co., 2012.

• Dispute resolution (Law) > Australia
• Compromise (Law) > Australia

by Gerald L. Gall.
Toronto : Carswell, 1990.

• Law > Canada

Rohan Price [and] Jennifer Nielsen.
Pyrmont, N.S.W. : Thomson Reuters, 2012.

• Labor laws and legislation > Australia

Transport, Local Government and Infrastructure Committee.
[Brisbane, Qld. : Government Printer], 2012.

• Local government > Queensland > finance
• Electronic article

Patrick Parkinson.
Pyrmont, N.S.W. : Lawbook Co., 2012.

• Domestic relations > Australia
• Divorce > Law and legislation > Australia

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Sydney : Lawbook Co., 2011-

• Land titles > New South Wales > Cases
• Conveyancing > New South Wales > Cases
• Real property > New South Wales > Cases
• Electronic journal

David G. M. Marks [and] Gabriel Moss.
London : Sweet & Maxwell : Thomson Reuters, 2011.

• Suretyship and guaranty > England
• Suretyship and guaranty > Wales

Jackson, Margaret; Shelly, Marita.
Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia Limited, 2011.

• Data protection > Law and legislation
• Data transmission systems > Law and legislation
• Privacy, Right of

[by] Mark J. Davison, Ann L. Monotti [and] Leanne Wiseman.
Cambridge, ; Port Melbourne, Vic. : Cambridge UniversityPress, 2011.

• Intellectual property > Australia
• Patent laws and legislation > Australia
• Trademarks > Law and legislation > Australia

[by] Des Butler [and] Sharon Rodrick.
Pyrmont, N.S.W. : Lawbook Co., 2011.

• Mass media > Law and legislation > Australia
• Telecommunications > Law and legislation > Australia

[interviewer, Daniel Connell].
1996 Feb. 23.

• Castles, Alex C. > (Alex Cuthbert), > 1933-2003
• Law teachers > Australia
• Law > Australia > History

Vines, Prue; Australasian Institute of Judicial Administration.
Melbourne : Australasian Institute of Judicial Administration Incorporated, 2011.

• Assets (Accounting) > Management
• Wills > Australia
• Actions and defenses > Australia

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Sydney : Lawbook Co., 2011-

• Land titles > New South Wales > Cases
• Conveyancing > New South Wales > Cases
• Real property > New South Wales > Cases
• Electronic journal

with an introduction by Soli J. Sorabjee.
New Delhi : Universal Law Publishing Co. Pvt. Ltd., 2011.

• Courts > India > Bombay > History
• Lawyers > India > Bombay > Biography
• Judges > India > Bombay > Biography

edited by Ian Havercroft, Richard Macrory and Richard B. Stewart.
Oxford ; Portland, Or. : Hart Publishing, 2011.

• Carbon sequestration > Law and legislation
• Air > Pollution > Law and legislation
• Carbon dioxide mitigation > Law and legislation
• Greenhouse gas mitigation > Law and legislation

CCH Australia Limited.
North Ryde, N.S.W. : CCH Australia Limited, 2011.

• Discrimination > Law and legislation > Australia

James Burrow Thomas.
Brisbane Qld. : Supreme Court of Queensland Library, 2011.

• Thomas, > Hon. Mr. Justice > (James Burrows), > 1935-
• Judges > Queensland > Brisbane > Biography
• Courts > Queensland > Brisbane > Anecdotes
• Legal services > Queensland > Brisbane > Anecdotes
• Brisbane (Qld.) > Social life and customs
• Brisbane (Qld.) > History

edited by David Farrier [and] Paul Stein.
Pyrmont, N.S.W. : Thomson Reuters, 2011.

• Environmental law > New South Wales > Handbooks, manuals, etc
• Conservation of natural resources > Law and legislation > New South Wales

Queensland Law Society — Law Society House, 179 Ann Street, Brisbane: Thursday 14 June 2012, 7:30am–9:30am

Presented by experienced practitioners, this event focuses on the criminal and the civil jurisdiction of Magistrates courts together with legislative and practice direction update.

Speakers include:

• His Honour Chief Magistrate Brendan Butler AM SC – Magistrates Court
• Alex Nelson – Barrister, Queensland Bar
• David Chesterman – Barrister, Queensland Bar

Queensland Law Society — Law Society House, 179 Ann Street, Brisbane, Queensland : Thursday 7 June 2012, 9:00am–12:00pm

The Personal Property Securities Act 2009 (Cth) dramatically changes the law and practice relating to security interests over all assets other than land. It affects a wide range of services and businesses, not just banks and financial institutions. The Act impacts on a variety of dealings with any sort of property, including finance leases, retention of title clauses, consignments and some operating leases. Of particular relevance to the construction industry, ownership of an asset is often not sufficient to prevent title passing to a third party. This seminar demonstrates how the PPSA may impact your clients and ordinary transactions in the property and construction space.

Queensland Law Society — | Law Society House, 179 Ann Street, Brisbane: Thursday 10 May 2012, 7:55am–9:30am

The Australian Solicitors Conduct Rules (ASCR) commences 1 June 2012. Designed to introduce the new rules, the expert panel focuses on proposed changes including paramount duty and other fundamental ethical duties, duty to effectively communicate with a client to permit the client to make informed choices, resolution of concurrent conflicts of duties, client documents and liens over essential documents.

Speakers include:

• Stafford Shepherd – Senior Ethics Solicitor, Queensland Law Society
• Brian Bartley – Partner, Brian Bartley & Associates
• Rob Gunningham – Lecturer, Griffith University

Queensland Law Society — Law Society House, 179 Ann Street, Brisbane: Thursday 24 May 2012, 9:00am–4:45pm

Presented by barristers and their advising solicitors, delegates will develop a working knowledge of critical skills for estate planning, administration and litigation. With concurrent streams pitched at essential and advanced levels, this event is organised to benefit entire practice groups. Topics include drafting wills for the elderly or those with injuries acquired from accidents; structuring and documenting testamentary trusts as well as estate planning options for clients with discretionary trusts.

Both streams are presented by accredited specialists for common and intricate issues associated with a Binding Financial Agreement or Family Provision Application (FPA). All topics are explained on an evidentiary basis from the perspective of both applicant or defendant, and issues concerning taxation or superannuation are described in easy to understand terms for practitioners who are not from an accounting background.

Speakers include:

• Bruce Nickel – Co-author, Family Provision in Australia
• Christine Smyth – Partner, Robbins Watson Solicitors and Accredited Specialist - Succession Law (Qld)
• Bernard Porter – Barrister, Queensland Bar
• Anand Shah – Barrister, Queensland Bar
• Carla Parsons – Lawyer, de Groots Wills and Estate Lawyers
• Greg Cahill – Partner, Cooper Grace Ward Lawyers
• Angela Cornford-Scott – Director, de Groots Wills & Estates Lawyers and Accredited Specialist - Succession Law (Qld)
• Jeneve Frizzo – Associate, Farrellys Lawyers and Accredited Specialist - Succession Law (Qld)
• Jeffrey Otto – Barrister and Mediator, Queensland Bar
• Scott Hay-Bartlem – Partner, Cooper Grace Ward
• Frances Fredriksen – Senior Associate, McCullough Robertson

Queensland Law Society — Law Society House, 179 Ann Street, Brisbane: Thursday 17 May 2012, 5:00pm–7:30pm

Critical Costs Update presents you with lessons learned from the most recent decisions concerning costs. With the new Australian consumer laws impacting significantly on your disclosure obligations and the ability to draft a valid Costs Agreement, the Queensland Law Society Litigation Rules Committee will highlight exactly what you need to know. In response to the increasing focus on the requirement of bills, presenters Tony Deane, Paul Garrett and Roger Quick will step you through the essential amount of detail, what you can leave out and how the proposed amendments will impact your agreements.

Speakers include:

• Tony Deane – Special Counsel, Clayton Utz
• Paul Garrett – Hickey & Garrett
• Roger Quick – Special Costs Consultant, QICS Legal Cost Consultants

Supreme Court of Queensland Library — Banco Court, Level 3, 415 George Street, Brisbane: Saturday, 4 August 2012, 9am-5pm

This event marks the opening of the new courthouse for both the Supreme Court and the District Court.

The seminar will address the following topics; the courts and Parliament, the common law, the executive and the courts, duties owed to the court and the education of Judges.

Speakers include:

• Hon Paul de Jersey AC, Chief Justice of Queensland
• The Hon Robert French AC, Chief Justice of Australia
• The Rt Hon the Lord Neuberger, Master of the Rolls
• Prof Gerard Carney, Dean of Law, University of Queensland
• The Hon Justice Susan Kiefel AC, High Court of Australia
• The Hon Justice Margaret McMurdo AC, President
• The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
• The Hon Justice Margaret White
• The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong
• The Hon Marilyn Warren AC, Chief Justice of Victoria
• The Hon Justice Duncan McMeekin
• The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales
• The Hon Wayne Martin, Chief Justice of Western Australia
• The Hon Justice John Byrne RFD

Australian Insurance Law Association (Qld) and Queensland Law Society — Sheraton Noosa Resort and Spa, Hastings Street, Noosa Heads, Queensland, 4567: Thursday 10–Friday 11 May 2012, 9:15am–4:45pm,9:00am–3:30pm

The Annual Insurance Intensive focuses on significant insurance industry developments, recent cases in insurance and injury liability, claims management along with other emerging industry risks, as presented by eminent insurers, lawyers, brokers and key representatives.

Speakers include:

• Heinrich Eder – Managing Director, Munich Re Australia
• Drew Castley – Partner, DLA Piper
• Mike Edmonds – General Manager - Sales & Distribution, NTI Limited
• Michael Fisher – Partner, Thynne & Macartney
• Kevin Bartlett – Partner, Cooper Grace Ward
• Celine McInerney – General Counsel, The University of Adelaide
• Elizabeth Jameson FAICD – Director, Board Matters
• Ian Brown – Principal, Maurice Blackburn; Vice-President, Queensland Law Society and Accredited Specialist – Personal Injuries
• The Honourable Justice David Boddice – Supreme Court of Queensland
• Ron Ashton – Barrister, Queensland Bar
• Linda Julian – Managing Partner, Julian Midwinter & Associates
• Dr Allan Manning – Managing Director, LMI Group
• Stephen Walsh QC – Barrister, New South Wales Bar
• Ian Hanger AM QC – Barrister, Queensland Bar
• Dr Anne Purcell – Managing Partner, Dispute Services Group - Park Road Group
• Brett Heath – Special Counsel, Carter Newell

Queensland Law Society — Redcliffe Leagues Club, Cnr Klingner and Ashmole Roads Redcliffe : Wednesday 16–Thursday 17 May 2012, 8:45am–5:00pm,9:00am–3:40pm

The 2012 workshop series is specifically designed to provide sole, small and suburban practitioners with skills development across core areas of practice.

Learn about estate planning for blended families, with an awareness of what binding financial agreements must be included for family law and succession law purposes, in addition to strategies and traps for clients with discretionary trusts. With Family Provision Applications being the most common challenges to a will, you will be taught the questions to ask an applicant or defendant based on the most up-to-date evidentiary considerations and case law.

Receive substantive guidance in relation to the Personal Properties Securities Act, with particular regard to how priorities are likely to be relevant in a tight financial market for small-to-medium businesses. You will have the opportunity to learn exactly how adverse action can give rise to serious workplace disputes and successful claims.

Speakers include:

• Mark Ostwald – Partner, Cartwrights Lawyers and Accredited Specialist - Succession Law
• Michele Sheehan – Principal, Sheehan & Co and enTrust Law; and dual Accredited Specialist - Family Law and Succession Law (Qld)
• Greg Cahill – Partner, Cooper Grace Ward Lawyers
• Scott Hay-Bartlem – Partner, Cooper Grace Ward
• Trent Wakerley – Associate, Schultz Toomey O'Brien Lawyers
• Jason Cronan – Director, SV Partners
• Laura Rouse – Principal Lawyer - Solicitor Advocates, Legal Aid Queensland

Supreme Court of Queensland Library — Banco Court, Level 3, 415 George Street, Brisbane: Saturday, 4 August 2012, 9am-5pm

This event marks the opening of the new courthouse for both the Supreme Court and the District Court.

The seminar will address the following topics; the courts and Parliament, the common law, the executive and the courts, duties owed to the court and the education of Judges.

Speakers include:

• Hon Paul de Jersey AC, Chief Justice of Queensland
• The Hon Robert French AC, Chief Justice of Australia
• The Rt Hon the Lord Neuberger, Master of the Rolls
• Prof Gerard Carney, Dean of Law, University of Queensland
• The Hon Justice Susan Kiefel AC, High Court of Australia
• The Hon Justice Margaret McMurdo AC, President
• The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
• The Hon Justice Margaret White
• The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong
• The Hon Marilyn Warren AC, Chief Justice of Victoria
• The Hon Justice Duncan McMeekin
• The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales
• The Hon Wayne Martin, Chief Justice of Western Australia
• The Hon Justice John Byrne RFD

Queensland Law Society — 7 Staghorn Avenue, Surfers Paradise, Gold Coast: Friday 18–Saturday 19 May 2012, 8:50am–5:00pm,8:50am–2:15pm |

Designed and presented in collaboration with the Gold Coast District Law Association, the 5th Annual Gold Coast Symposium is a unique event offering a topical range of sessions designed to address real issues faced by Gold Coast practitioners in small to medium firms on a daily basis. Tailor your own professional development with a choice of sessions, in many cases featuring senior Gold Coast practitioners, who know and understand the challenges faced by Gold Coast lawyers. Sessions on offer include the latest on property law, personal injuries, commercial litigation and insolvency, criminal law, family law and succession law presented by special guest speakers.

Speakers include:

• The Honourable Justice Margaret McMurdo AC – President, Queensland Court of Appeal
• Stafford Shepherd – Senior Ethics Solicitor, Queensland Law Society
• Rob Franklin – CEO and Director, Potts Lawyers
• Richard Douglas SC – Barrister, Queensland Bar
• John Punch – Partner, SP&G Lawyers
• Scott Reid – Partner, Minter Ellison
• Matthew Raven – Partner, Gadens Lawyers
• Matt Dunn – Principal Policy Lawyer, Advocacy and Accountability, Queensland Law Society
• Mark Treherne – Principal, Mark Treherne & Associates
• Michelle Howard – Member, Queensland Civil and Administrative Tribunal
• Brett Bassett – Senior Executive, Compliance and Deterrence, Real Economy Regional Commissioner, ASIC
• Craig Coulsen – Barrister, Queensland Bar
• Damien O'Brien – Barrister, Queensland Bar
• David Hughes – Partner, Small Myers Hughes and Accredited Specialist – Tax
• Derek Cronin – Principal, Cronin Litigation Lawyers
• Magistrate Brian Kilmartin – Magistrates Court
• Chris Nyst – Partner, Nyst Lawyers
• Bill Potts – Director, Potts Lawyers and Queensland Law Society Council Member
• Mark Bamberry – Partner, Bamberry Lawyers
• Alan Ducret – General Manager Queensland, Australian Competition and Consumer Commission
• John Thynne – Director - Forensics , Vincents Chartered Accountants
• Paul Talkington – Manager - Taxation and Business Solutions , Vincents Chartered Accountants
• Lynne Walton – Director, EDX (Qld) Pty Ltd

Supreme Court of Queensland Library — Supreme Court of Queenland Library — Banco Court, Level 3, 415 George Street, Brisbane: 9am-5pm: Saturday, 4 August 2012

This event marks the opening of the new courthouse for both the Supreme Court and the District Court.

The seminar will address the following topics; the courts and Parliament, the common law, the executive and the courts, duties owed to the court and the education of Judges.

Speakers include:

• Hon Paul de Jersey AC, Chief Justice of Queensland
• The Hon Robert French AC, Chief Justice of Australia
• The Rt Hon the Lord Neuberger, Master of the Rolls
• Prof Gerard Carney, Dean of Law, University of Queensland
• The Hon Justice Susan Kiefel AC, High Court of Australia
• The Hon Justice Margaret McMurdo AC, President
• The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
• The Hon Justice Margaret White
• The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong
• The Hon Marilyn Warren AC, Chief Justice of Victoria
• The Hon Justice Duncan McMeekin
• The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales
• The Hon Wayne Martin, Chief Justice of Western Australia
• The Hon Justice John Byrne RFD

Supreme Court of Queensland Library — Supreme Court of Queenland Library — Banco Court, Level 3, 415 George Street, Brisbane: 9am-5pm: Saturday, 4 August 2012

This event marks the opening of the new courthouse for both the Supreme Court and the District Court.

The seminar will address the following topics; the courts and Parliament, the common law, the executive and the courts, duties owed to the court and the education of Judges.

Speakers include:

• Hon Paul de Jersey AC, Chief Justice of Queensland
• The Hon Robert French AC, Chief Justice of Australia
• The Rt Hon the Lord Neuberger, Master of the Rolls
• Prof Gerard Carney, Dean of Law, University of Queensland
• The Hon Justice Susan Kiefel AC, High Court of Australia
• The Hon Justice Margaret McMurdo AC, President
• The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
• The Hon Justice Margaret White
• The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong
• The Hon Marilyn Warren AC, Chief Justice of Victoria
• The Hon Justice Duncan McMeekin
• The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales
• The Hon Wayne Martin, Chief Justice of Western Australia
• The Hon Justice John Byrne RFD

Queensland Law Society — Brisbane Convention and Exhibition Centre, Corner Merivale and Glenelg Streets, Soutbank: Friday 30 and Saturady 31 March 2012, 8:50am–5:00pm,7:30am–5:00pm

This seminar will discuss a wide range of areas of legal practice including property law , business law, family law, criminal law, personal injuries, commercial litigation, succession law, coal seam gas and practice management.

With keynote speakers including leading international human rights counsel and author Geoffrey Robertson QC, environmental campaigner Erin Brockovich and renowned Australian demographer Bernard Salt, the 50th anniversary Symposium promises to educate, inspire, challenge and entertain. Along with our esteemed keynotes, the program is brought to you by a cast of outstanding local Accredited Specialists, members of the Judiciary and the Bar, and guest speakers from interstate and overseas jurisdictions.

Queensland Law Society — Law Society House, 179 Ann Street, Brisbane: Friday 13 April 2012, 1:30pm–5:00pm

The senior partners from Corrs Chambers Westgarth, Clayton Utz, Allens Arthur Robinson, Young Law and McCullough Robertson are presenting a comprehensive and practical examination, as to how the Carbon Pollution Reduction Scheme (CPRS) will impact on the LNG sector. Specifically, it focuses on its application to businesses in Queensland. The seminar discusses the significance of natural gas supply and the Obligation Transfer Number, the ways of getting it wrong, what project structuring and carbon price pass-through mechanisms exist and how to choose from the compensation options available.

Speakers include:

• Michael MacGinley – Partner, Corrs Chambers Westgarth
• Graeme Dennis – Partner, Clayton Utz (Sydney)
• Grant Anderson – Partner, Allens Arthur Robinson (Melbourne)
• Doug Young – Principal, Young Law
• Tim Hanmore – Partner, McCullough Robertson

Supreme Court of Queenland Library — Banco Court, Level 3, 415 George Street, Brisbane, 9am-5pm: Saturday, 4 August 2012

This event marks the opening of the new courthouse for both the Supreme Court and the District Court.

The seminar will address the following topics; the courts and Parliament, the common law, the executive and the courts, duties owed to the court and the education of Judges.

Speakers include:

• Hon Paul de Jersey AC, Chief Justice of Queensland
• The Hon Robert French AC, Chief Justice of Australia
• The Rt Hon the Lord Neuberger, Master of the Rolls
• Prof Gerard Carney, Dean of Law, University of Queensland
• The Hon Justice Susan Kiefel AC, High Court of Australia
• The Hon Justice Margaret McMurdo AC, President
• The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
• The Hon Justice Margaret White
• The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong
• The Hon Marilyn Warren AC, Chief Justice of Victoria
• The Hon Justice Duncan McMeekin
• The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales
• The Hon Wayne Martin, Chief Justice of Western Australia
• The Hon Justice John Byrne RFD

Legalwise Seminars — Marriot Hotel, 515 Queen Street, Brisbane: Friday, 30 March 2012, 4.30pm to 6.30pm

This seminar will discuss significant recent case law and the impact it will have on leasing practice in 2012. As well as recent case law, the following seminar topics will be addressed:

• Amendments to PAMDA and BCCMA Regarding Residential Property Sale Contracts
• Off-the-plan contracts
• Neighbourhood Disputes Resolution Act and new REIQ contract versions

Speakers include:

• Mark Steele, Barrister, Queensland Bar
• Stephen Sheaffe, Barrister, Queensland Bar

Legalwise Seminars — Marriot Hotel, 515 Queen Street, Brisbane: Friday, 30 March 2012, 2.00pm to 5.15pm

This conference addresses the core areas of practical legal ethics, professional skills and, practice management and business skills relevant to practice as a litigator.

Speakers include:

• David O'Brien, Partner, Minter Ellison
• Alicia Hill, Principal, McInnes Wilson Lawyers
• Andrew Shute, Special Counsel, Carter Newell
• Les Power, Partner, Wilson Lawyers

Legalwise Seminars — Marriot Hotel Brisbane, 515 Queen Street, Brisbane: 23 March 2012, 9.00am to 1.15pm

This conference will discuss the application and the impact that several pieces of legislation currently have, or have will in the near future, upon commercial litigation practice.

Speakers include:

• Andrew Lyons, Barrister, Mortimer Chambers
• Anand Shah, Barrister, Queensland Bar -
• Peter Ryan, Partner, Hemming + Hart Lawyers
• Michael Hodge, Barrister, Queensland Bar
• Holly Blattman, Barrister, Queensland Bar

Legal Wise Seminars — Marriot Hotel Brisbane: Friday, 16 March 2012, 9.00am to 1.15pm

This seminar addresses key issues that family lawyers deal with in everyday practice. Seminar topics include; Setting Aside Binding Child Support Agreements Pitfalls and Practicalities, Disclosure Hidden Assets & Working with Accountants to Locate Them, Declarations as to the Existence of De Facto Relationships and Navigating Through the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011.

The featured speakers are:

• Kara Best, Director, Best Wilson Family Law; Accredited Family Law Specialist
• Mike Emerson, Principal, Emerson Family Law; Accredited Family Law Specialist
• Ann-Maree McDiarmid, Barrister, Queensland Bar
• Stephen Page, Partner, Harrington Family Lawyers
• Trent Waller, Partner, Carne Reidy Herd Lawyers

Australian Insurance Law Association (Qld) and Queensland Law Society — Sheraton Noosa Resort and Spa, Hastings Street, Noosa Heads, Queensland, 4567 : Thursday 10–Friday 11 May 2012, 9:15am–4:45pm,9:00am–3:30pm

The Annual Insurance Intensive focuses on significant insurance industry developments, recent cases in insurance and injury liability, claims management along with other emerging industry risks, as presented by eminent insurers, lawyers, brokers and key representatives.

The featured speakers include:

• Ron Ashton, Barrister, Queensland Bar
• Damien Atkinson, Barrister, Queensland Bar
• Kevin Bartlett, Partner, Cooper Grace Ward
• The Honourable Justice David Boddice, Supreme Court of Queensland
• Ian Brown, Principal, Maurice Blackburn; Vice-President, Queensland Law Society and Accredited Specialist – Personal Injuries
• Julie Cameron, Partner, Corrs Chambers Westgarth Lawyers and Accredited Specialist – Personal Injuries (Qld)
• Drew Castley, Partner, DLA Piper
• Heinrich Eder, Managing Director, Munich Re Australia
• Mike Edmonds, General Manager - Sales & Distribution, NTI Limited
• Michael Fisher, Partner, Thynne & Macartney
• Ian Hanger AM QC, Barrister, Queensland Bar
• Brett Heath, Special Counsel, Carter Newell
• Elizabeth Jameson FAICD, Director, Board Matters
• Linda Julian, Managing Partner, Julian Midwinter & Associates
• Jean Kittson, Comedian and Entertainer
• Dr Allan Manning, Managing Director, LMI Group
• Adam Matteson, Regional Director, Arch Underwriting at Lloyd's (Australia) Pty Ltd
• Celine McInerney, General Counsel, The University of Adelaide
• Dr Anne Purcell, Managing Partner, Dispute Services Group - Park Road Group
• Brett Solomon, Partner, DibbsBarker
• Stephen Walsh QC, Barrister, New South Wales Bar

Queensland Law Society — Law Society House, 179 Ann Street : Friday 13 April 2012, 1:30pm–5:00pm

Join senior partners from Corrs Chambers Westgarth, Clayton Utz, Allens Arthur Robinson, Young Law and McCullough Robertson for a comprehensive and practical examination as to how the Carbon Pollution Reduction Scheme (CPRS) will impact on the LNG sector and businesses in Queensland specifically. Understand the significance of natural gas supply and the Obligation Transfer Number, the ways of getting it wrong, what project structuring and carbon price pass-through mechanisms exist and how to choose from the compensation options available.

Queensland Law Society — Law Society House, 179 Ann Street: Thursday 15 March 2012, 12:30pm–2:00pm

If you are like most people, you probably dread your performance review! However, done right, they can be a goldmine of helpful information and provide you with a customised blueprint for career success. In the first instalment of a three-part series on associate level career makers or breakers, international practice management consultant Terri Mottershead discusses the do’s and don’ts of performance reviews to help you approach your next review with confidence and enthusiasm.

Queensland Law Society — Law Society House, 179 Ann Street : Friday 13 April 2012, 8:45am–12:45pm

Join prominent Queensland Barrister, Christopher Taylor together with QBSA Registrar, Michael Chesterman for an in-depth analysis of the recent cases and their implications for BCIPA applicants and adjudicators. Following a thorough explanation from John Bond SC as to how to manage the effect of a prior adjudication decision on subsequent adjudicators, this is your opportunity as a BCIPA specialist to learn exact operation and specific grounds for seeking setting aside adjudication decisions, as well as making a well-informed assessment as to prospects from Barrister, Melanie Hindman.

Prime Minister and Cabinet

Protecting information rights advancing information policy. You are here: New laws to enhance privacy rights. 'These additional powers will provide added strength to the enforcement of privacy laws, reinforce the significance of privacy compliance, and give organisations an even greater incentive to take their privacy responsibilities seriously.'.

Attorney-General for Australia

Australia’s privacy laws will be reformed to better protect people’s personal information, simplify credit reporting arrangements and give new enforcement powers to the Privacy Commissioner.

The Attorney explained that key changes to benefit consumers are:

• clearer and tighter regulation of the use of personal information for direct marketing
• extending privacy protections to unsolicited information
• making it easier for consumers to access and correct information held about them
• tightening the rules on sending personal information outside Australia
• enhancing the powers of the Privacy Commissioner to improve the Commissioner’s ability to resolve complaints, conduct investigations and promote privacy compliance

The changes will be achieved through amendments to the Privacy Act 1988, which will be introduced into the Parliament in the winter sitting period. These changes represent the culmination of an extensive consultation process and will implement the Government’s response to the Australian Law Reform Commission’s report.

Attorney-General

Attorney-General Nicola Roxon cast a wide net to start the search for two new High Court Justices on the 23rd of March, of this year. Ms Roxon said the vacancies are the result of the retirements from the High Court of Australia of the Hon Justice William Gummow and the Hon Justice John Dyson Heydon, in the next twelve months. The High Court and the Australian community will feel the loss of these two experienced judges and the early opportunity has been seized, to publicly thank Justice Gummow and Justice Heydon for their exemplary service to the Court and to the Australian people.

Attorney-General

Laws to provide certainty to people who have had orders in the federal family law courts issued, regarding de facto property and maintenance matters has been passed in Parliament today. The Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 retrospectively validates de facto property and maintenance orders made by the Family Court of Australia and the Federal Magistrates Court. The Act also retrospectively validates certain orders of the Family Court made on appeal from Family Law Magistrates in Western Australia between 1 July 2006 and 21 October 2011.

Attorney-General

Terrorist organisations Ansar al-Islam (AAI), the Islamic Movement of Uzbekistan (IMU), Jaish-e Mohammad (JeM) and Lashkar-e Jhangvi (LeJ) have been re-listed as terrorist organisations under Australia's counter-terrorism laws. An organisation is listed as a terrorist organisation under the Commonwealth Criminal Code when the Attorney-General is satisfied the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or advocates the doing of a terrorist act.

Attorney-General

Legislation to provide a clear, accountable and effective system for handing complaints against federal judicial officers was introduced into the Parliament yesterday. Attorney-General Nicola Rixon commented that it was essential that the community continues to have strong confidence in our courts and a transparent and that a complaints process is fundamental to this.

Media Centre - Education, Employment and Workplace Relations

Tendering for Australian Government funded building works will be simpler, easier and more efficient with the release of new Implementation Guidelines for the National Code of Practice for the Construction Industry. Employers found to have engaged in the practice of sham contracting will be considered to have committed a fundamental breach of the guidelines. Furthermore, employers must ensure that those engaged in the performance of construction work are lawfully entitled to work under Australian law. These guidelines will help more people improve business processes and be competitive in securing Government funded contracts in the building and construction sector.

Treasury

Assistant Treasurer Mark Arbib announced on the 1st of March that the Government would act to protect the integrity of Australia's tax system by introducing amendments to Part IVA of the income tax law. Senator Arbib said despite Part IVA working effectively since its introduction, there was a need to clarify its operation to continue that effectiveness. The Government amendments will confirm that Part IVA always intended to apply to commercial arrangements which have been implemented in a particular way to avoid tax.

Attorney-General

The Australian Government will be introducing a Bill in March to provide certainty to people who have orders of the federal family law courts in de facto property and maintenance matters. The Bill will retrospectively validate de facto property and maintenance orders made by the Family Court of Australia and the Federal Magistrates Court, between the 1st of March 2009 and the 10th of February 2012 in New South Wales, Victoria, Queensland, Tasmania, Australian Capital Territory, Northern Territory and Norfolk Island.

National Native Title Tribunal

The Tribunal's eighth status report on the native title system is now available.

The report is part of a continuing series of status reports published by the Tribunal on a range of matters relating to Australia’s native title system. Each report covers a six month period and briefly compares what happened during those six months with what happened in the previous six months, as well as providing a picture since 1 January 1994

The Hon Nicola Roxon MP, Attorney-General for Australia

Australia's Commonwealth-funded legal services are set to be reviewed to ensure they are delivering the most cost-effective legal assistance services to those most in need, Attorney-General Nicola Roxon announced. The review will consider legal assistance as a national system and the progress made towards achieving the specific legal aid performance indicators set out in the National Partnership Agreement on Legal Assistance Services with the states and territories. All four Commonwealth legal assistance programs will be included in the review, namely Legal Aid Commissions, Community Legal Centres, Aboriginal and Torres Strait Islander legal services, and family violence prevention legal services.

Premier and Minister for Reconstruction The Honourable Anna Bligh

Premier Anna Bligh has announced a plan to slash red tape in the housing market by creating a single contract for the sale of a home.

The move, which is expected to be finalised by the end of February, could decrease legal costs and reduce the number of forms that homeowners needed from up to six down to a single document.

Attorney-General, Minister for Local Government and Special Minister of State The Honourable Paul Lucas

The Bligh Government is set to change the Criminal Code to remove doubts about how and when a partial defence involving a sexual advance can be used and remove doubts about the so-called “gay panic” defence.

Mr Lucas said the Criminal Code currently contained a partial defence of provocation which could be used to reduce a conviction from murder to manslaughter where a defendant claimed they were provoked into committing the Act.

He said members of the community had recently raised concerns that this could be used to establish a so-called “gay-panic defence”, where defendant claimed the victim made a homosexual advance towards them and provoked them into committing the act.

Mr Lucas said the provisions contained in section 304 would be amended to ensure that an unwanted sexual advance would not be enough to establish provocation unless there were exceptional circumstances.

Attorney-General Hon. Robert McClelland MP and Minister for Indigenous Affairs Hon. Jenny Macklin MP

Attorney-General Robert McClelland and Minister for Indigenous Affairs, Jenny Macklin today welcomed the appointment of Australia’s first Indigenous Commonwealth judicial officer.

“It gives me great pleasure to announce the appointment of Mr Matthew Myers as the first Indigenous judicial officer of a Commonwealth Court. Mr Myers will be sworn in as a Federal Magistrate of the Sydney registry in January”, Mr McClelland said.

“Mr Myers brings an in-depth understanding of family law to the Court; his cultural background will also make an important contribution to the diversity of the Court,” Mr McClelland said.

Attorney-General for Australia Robert McClelland MP

Attorney-General, Robert McClelland, on Thursday announced appointments to the Family Court of Australia and the Federal Magistrates Court of Australia.

Ms Kirsty Macmillan SC and Ms Anne Rees SC have been appointed as judges of the Family Court and Mr Ronald Curtain and Mr Matthew Myers have been appointed as Federal Magistrates.

The Hon Greg Combet AM MP, Minister for Climate Change and Energy Efficiency

The new administrative body for the carbon pricing mechanism, the Clean Energy Regulator, will begin operation from 2 April 2012. The Clean Energy Regulator will be responsible for administering the carbon pricing mechanism, the National Greenhouse and Energy Reporting System, the Renewable Energy Target and the Carbon Farming Initiative.

The Minister for Climate Change and Energy Efficiency, Greg Combet, said this timeframe will allow administrative, financial and governance arrangements to be developed before the initial carbon price liability period commences on 1 July 2012.

Department of Climate Change and Energy Efficiency

The passing of the Clean Energy Future legislation through the Senate paves the way for one of the most important environmental and economic reforms in Australia's history. The Clean Energy Future legislation will put a price on pollution, foster renewable energy technologies, encourage energy efficiency and create opportunities to reduce pollution on the land. The carbon price will only be paid by Australia's largest polluters: it is a tax on pollution not on individuals, households or small businesses.

The Hon Nicola Roxon MP, Minister for Health and Aging

The Government has announced revised implementation timeframes for the introduction of its world first tobacco plain packaging legislation following delays in the Senate passing the legislation. The Government today announced revised implementation timeframes for the introduction of its world first tobacco plain packaging legislation following delays in the Senate passing the legislation. The Government will move amendments that will have: preliminary provisions of the legislation commence from Royal Assent (previously 1 January 2012) offences relating to manufacture of non-compliant product in Australia commence on 1 October 2012 (previously 20 May 2012) and all tobacco products required to be sold in plain packaging from 1 December 2012 (previously 1 July 2012).

Australian Institue of Criminology

Seven ground-breaking projects which have substantially reduced local crime rates have been honoured in the 2011 Australian Crime and Violence Prevention Awards (ACVPA) at Parliament House, Canberra.

Minister for Child Care, The Hon Kate Ellis MP

Minister for Child Care, Kate Ellis welcomed the agreement of all State and Territory Governments to Australia's first truly national regulatory system for early childhood education and care services. This is a huge step forward for the sector because the Framework will, for the first time establish a unified, national system so that services only have to deal with one regulator and we can readily compare the performance of one centre with another. The Australian Government will invest a record $20billion in early childhood education and care over the next four years.

Attorney-General The Hon Robert McClelland MP

Attorney-General Robert McClelland announced that the new National Legal Services Board and National Legal Services Commissioner as part of reforms to the legal profession will be hosted by New South Wales. 'Four jurisdictions - New South Wales, Queensland, Victoria and the Northern Territory - are taking part in the reforms as they start, covering around 85 per cent of Australia's practising lawyers. Mr McClelland said the reforms will bring improvements to the legal profession across the board.

Department of Climate Change and Energy Efficiency

Legislation for the Government’s Carbon Farming Initiative has received royal assent. The CFI is a voluntary scheme that will provide new economic opportunities for farmers, forest growers and land managers, and help the environment by reducing carbon pollution. Participants will be eligible to receive carbon credits for the carbon pollution saved or stored by their activities.

Attorney-General Hon. Robert McClelland MP and Minister for Finance and Deregulation Senator Hon. Penny Wong

Attorney General Robert McClelland and Minister for Finance and Deregulation Penny Wong launched a public discussion paper to seek community views on the consolidation of Federal anti-discrimination laws. Mr McClelland said successive Commonwealth Governments have long recognised that antidiscrimination protections are crucial to enable all Australians to participate fully in public life, address historical disadvantage and promote social cohesion.

Attorney-General Hon. Robert McClelland MP and Minister for Families, Housing, Community Services and Indigenous Affairs Hon. Jenny Macklin MP

Attorney-General Robert McClelland announced the Gillard Government will introduce new measures to strengthen Australia’s laws that deal with international parental child abduction. Mr McClelland said the package of measures will include new criminal offences under the Family Law Act, extending the coverage of existing offences, allowing the family law courts to stop child support payments for parents who have abducted their child overseas and new information gathering powers for courts to locate children abducted from Australia.

The Hon Attorney General Robert McClelland MP

Attorney General Robert McClelland released draft legislation, on behalf of participating jurisdictions, to facilitate the development of a National Legal Profession.

The release of the legislation follows constructive talks on Tuesday night between the Attorney-General and his counterparts from New South Wales, Victoria, Queensland and Northern Territory.

“These discussions were very productive with some jurisdictions being in a position to commit to the scheme and points for clarification identified for others," Mr McClelland said.

“There are some final decisions we need to make to reach agreement, relating to transitional costs and selection of a host jurisdiction.

“We have committed to resolving these outstanding matters before the October 1 so legislation can then be presented in the host jurisdiction’s Parliament as soon as possible.

“Approximately 85 per cent of Australia’s lawyers practice in New South Wales, Victoria, Queensland and the Northern Territory, so these reforms will deliver benefits for the vast majority of the profession."

The Honourable Murray Gleeson AC, Chief Justice New South Wales from 1988 to 1998 and Chief Justice of Australia from 1998-2008 will be delivering a presentation in the Banco Court on the 30th of May 2012, at 5.30pm.

On 26 May 1932 the House of Lords delivered its decision in a case which has become one of the best known, if not the best known, authorities in the common law world.

Whether there was actually a snail in the bottle may never be known, but the principles established by the decision are of lasting importance.

At this year's Supreme Court Oration the Honourable Murray Gleeson AC will reflect on the decision and its effects.

The Organising Committee extends its invitation to the second seminar of the Griffith Law School's Legal History Seminar Series on Thursday 26 April at 6.00 pm. One of the Australia's emerging legal researchers, Ms Penny Crofts, from the University of Technology Sydney, will be speaking on 'The Identic Turn' in legal history - an historical analysis of criminal malice and legal wickedness. The hour-long event will be held at the Ship Inn Function Room at South Bank campus. Light refreshments will follow. The event is free, but registration is essential - the Queensland Bar Association has accredited the seminar with a CPD point. The Organising Committee welcomes practitioners, judges, students, academics, and members of the public with an interest in legal history. Information and registration is available at the link provided.

Saturday 4th of August 2012

This Seminar is being conducted to mark the opening of the new metropolitan courthouse.

• The Rt Hon the Lord Neuberger
• The Rt Hon Lady Justice Hallett DBE
• The Hon Robert French AC
• The Rt Hon Dame Sian Elias GNZM, Chief Justice of New Zealand
• The Hon Mr Justice Geoffery Ma, Chief Justice of Hong Kong.

2011 marked the sesquicentenary of establishment of the Supreme Court of Queensland. Edited by the Honourable Justice Glenn Martin, Celebrating the Sesquicentenary: Supreme Court of Queensland 1861-2011 is a beautifully illustrated record of the events that marked this special occasion. There are only few copies left of this publication contact the library for your opportunity to own this piece of history.

the 150th anniversary of an institution like this should be celebrated, and recorded, in all its aspects. This published record may be seen as completing our commitment.

The Ceremonial Booklet to mark the 20th Anniversary of the Queensland Court of Appeal, held at the Banco Court on the 24th of October 2011.

To celebrate the 20th anniversary of the Queensland Court of Appeal. The Hon Justice Margaret McMurdo AC - President of the Court of Appeal, Supreme Court of Queensland and the Judges of Appeal have pleasure in inviting you to the lecture 'What is Distinctive About Intermediate Courts of Appeal?' in the Banco Court on Monday, 24th October 2011 at 5.30pm. This will be delivered by The Hon Keith Mason AC QC.

This will be Followed by light refreshments in the Rare Books Precinct.

RSVP before 20th October to andrea.suthers@justice.qld.gov.au or (07) 3247 9214.

The Supreme Court of Queensland Library is pleased to present this publication of 'An Almost Forgotten World'.

Jim Thomas's Memoirs present a vivid picture of Brisbane during and after the Second World War and a chronicle of our age, of what we were and what we have become.

The Hon Paul de Jersey AC - Chief Justice of Queensland has pleasure in inviting you to the 2011 Supreme Court Oration in the Banco Court on Thursday, 15th September 2011 at 5.30pm. This will be delivered by The Rt Hon Beverley McLachlin PC - Chief Justice of Canada speaking on 'The Courts and the Media'.

This will be Followed by light refreshments in the Rare Books Precinct.

RSVP before 12th September to marie.bergwever@justice.qld.gov.au or (07) 3247 4279.

The Ceremonial Booklet to mark the Sesquicentenary of the Supreme Court of Queensland, held at the Banco Court on the 5th of August 2011.

A fortnightly list of new library acquisitions

The Supreme Court History Program Yearbook, now in its sixth year of publication, has proven a valuable addition to the libraries of historians and lawyers alike. As the only publication of its kind in Queensland, the Yearbook features scholarly articles on Queensland’s legal history, together with tributes to retiring judges, legal personalia and a review of significant judicial and legislative developments for the year. This volume serves as a significant resource for those seeking an overview and enduring record of the Queensland legal profession in 2010.

The Productivity Commission is the Australian Government's independent research and advisory body on a range of economic, social and environmental issues affecting the welfare of Australians. It contains reports, research, details of projects, media releases and other resources.

This resource is now available freely through the library's catalogue.

The Journal of Law, Business and Ethics is now available as an online resource. The resource is available through the library's catalogue to Judicial Virtual Library (JVL) users; QCAT Full Tribunal Members; Brisbane Library walk-in users; Regional Library Internet Kiosk users; Remote registered individual users of SCQL Online; Fair and Safe Work Library Users and Crown Law Library Users

The library has recently added 41 new records which are part of the Oxford Scholarship Online Law Collection. This resource is available to Brisbane Library walk-in users; Judicial Virtual Library (JVL) users; QCAT Full Tribunal Members and Remote registered individual users of SCQL Online

The New South Whales Law Reform Commission has recently published a paper on security for costs and associated costs orders, this resource is now freely available through the library's catalogue.

The Australian Law Dictionary (ALD) is a reference tool which facilitates familiarity with, and knowledge of, Australian legal terms. It is structured to ensure comprehensive coverage of core legal content. Its features include: Entries written & edited by legal experts, Boxes highlight core areas of law with diagrams & key term lists, Extended entries for core topics & complex terms, Integrated cross-referencing, Case & legislative authority, Practical Latin terms, Appendices: legal road-maps, constitution, legal citation & referencing guide. This resource is now freely available through the Library's catalogue.

Provides free internet access to Pacific Islands legal materials. Includes law reports, cases and legislation of Pacific Islands as well as access to Pacific Islands law journals, WorldLII, South Pacific treaties and South Pacific law societies and bar associations. PNG section of the database includes Consolidated Legislation, National and Supreme Court Cases, Papua New Guinea Law Reports, Ombudsman Commission papers, Public Prosecutors Annual Reports and the Coroners manual.

PacLII is freely available through the library’s catalogue

The Cornell University Library Making of America Collection is a digital library of primary sources in American social history from the antebellum period through reconstruction. The collection is particularly strong in the subject areas of education, psychology, American history, sociology, religion, and science and technology. This site provides access to 267 monograph volumes and over 100,000 journal articles with 19th century imprints.

This resource provides the user with access to the reports by the Integrity, Ethics and Parliamentary Privileges Committee. This resource is now freely available through the library's catalogue.

This service allows users to search for global legal information with filters for country and resource type allowing for easier searching. This resource is now freely available through the library’s catalogue.

LII are a not-for-profit United States group that publish law online. They also create materials that help people understand law and explore technologies that make it easier for people to find the law. This resource is now freely available through the library's catalogue.

A new Bench Book is now available through the Judicial College of Victoria to assist with the application of the recent changes to the Victoria Civil procedure rules from the Civil Procedure Act 2010 and the recent 2011 amendments. The Bench Book includes, commentary describing the effects of each substantive part of the Act, mini-quizzes to test knowledge of the Act's provisions and scenario-based exercises, to assist with applying the Act's provisions in a practical way.

This resource is now available freely through the library's catalogue

Managed by the Judicial Communications Office, part of the Judicial Office of England and Wales, this website aims to explain the work of around 40,000 judges, magistrates and tribunal judges to the public. It includes information about the British justice system, judiciary, media releases, speeches, judgments, statistics, practice directions, protocols, reports, judicial views and responses, and publications of the Judicial Studies Board.

This resource is now freely available through the library's catalogue.