The Year in Review: Our Most Viewed According to Google

Following is a capsule of some the most viewed 2014 articles we have posted to our website so that you can have another look on the odd chance you missed them the first time. We have used the number of times an article was viewed in Google as a rough guide for which articles to include below.

Constitutional Law

The Australian Federation is up for review as the Federal Government releases the Terms of Reference for a White Paper on the Reform of the Federation on 28 June 2014 - see White Paper Released for Commonwealth on Reform of the Federation

In the area of  human rights and free speech,  the on, then off attempts to alter section 18C of the Racial Discrimination Act 1975 (Cth) which proscribes so called offensive behaviour because of "race, colour or national or ethnic origin" received a great deal of coverage a few examples were: The Right to Express Bigotry: Red Light or Greenand Section 18C: Right to Bigotry Dumped

In Victoria in  April 2014, the Federal Court handed down its decision in Alcock v Commonwealth of Australia [2013] FCAFC 36, a constitutional law case which affirmed the legislative validity of new fishing restrictions in Victoria’s coastal waters, holding that the enactment of the legislation was within the Victorian Parliament’s power. The case challenged the National Parks (Marine National Parks and Marine Sanctuaries Act) 2002 passed by the Victorian Parliament which truncated the appellant’s rights to take abalone from the coastal  waters of Victoria - see Alcock v Commonwealth of Australia [2013] FCAFC 36 

Crime and Law Enforcement

The biggest issue in New South Wales in early 2014 relating to crime was alcohol related violence and the so called "one punch" laws that followed - see NSW Legislation Package for Alcohol Violence a One Punch Solution?

On the same tack in New South Wales on 5 March 2013, the Christian Democrats Leader the Reverend the Honourable FJ Nile, MLC (the Rev. Nile) introduced into the NSW Parliament a Private Members Bill entitled the Crimes Amendment (Provocation) Bill 2014   whose key purpose was stated as the amendment of the Crimes Act 1900 (NSW)  in relation to the partial defence of provocation to a charge of murder - see Provocation to be Limited as a Defence in NSW: Crimes Amendment (Provocation) Bill 2014 Note the Bill was subsequently assented to on 20 May 2014 and became Act No 13 of 2014.

In Victoria a new Inquiries Act 2014 (Vic) was assented to on 23 September 2014, with the majority of the Act commencing on 15 October 2014. The aim of the Act was to provide a new legislative framework for the establishment and conduct of inquiries in Victoria - see Overview of the Inquiries Act 2014 (Vic)

The laws that are most connected with Queensland but now have spread throughout Australia known as the "Bikie Laws", continued to draw headlines with the Queeensland based challenge to the Vicious Lawless Association Disestablishment Act 2013 (the VLAD law) reaching the High Court of Australia on 14 November 2014, in Kuczborski v State of Queensland [2014] HCA 46 and the court rejecting the challenge to the validity of certain provisions of the Queensland Criminal Code and the Liquor Act 1992 (QLD) as well as finding that Mr Kuczborski (the plaintiff) did not have legal standing to challenge other provisions introduced by the VLAD law. See Kuczborski v State of Queensland [2014] HCA 46and Kuczborski v Queensland: VLAD Law Challenges Door Still Open?

Employment Law

In September 2014 the High Court overturned a decision of the Full Federal Court of Australia to hold that under the common law of Australia, there is not a term of mutual trust and confidence that can be implied by law in all employment contracts. In Commonwealth Bank of Australia v Barker [2014] HCA 32, the Court unanimously decided that the implication of such a term was “a step beyond the legitimate law-making function of the courts” and “should not be taken” - see Implied Terms In Commonwealth Bank of Australia v Barker [2014] HCA 32

In South Australia on August 2014 two important Bills were introduced into the South Australian House of Assembly by the  Minister for Industrial Relations. The two Bills are the Return to Work Bill 2014 (Bill No 29 of 2014 enacted as Act 16 of 2014) and the South Australian Employment Tribunal Bill 2014 (Bill No 30 of 2014 enacted as Act No 17 of 2014) introducing a new scheme to support workers and employers where there is a work injury and a new South Australian Employment Tribunal - see SA Introduces Substantial WorkCover and Workers Compensation Legislation Changes

Finance and Commerce

One of the key legislative debates for the year past was had over the proposed changes to the Future of Financial Advice laws, a topic which saw legislation introduced, regulations disallowed and inquiries held only for things to return to a position resembling the position that existed before the debate started. See Another Financial Advice Inquiry: Australian Super Worlds Second Best or Too Complex?

As well on Sunday 7 December 2014, the Financial System Inquiry  Chairman Mr David Murray (the former Commonwealth Bank chief executive) and the Federal Treasurer Joe Hockey, released the final report of the Government commissioned, Financial System Inquiry. A report which as the ABC pointed out the Treasurer was: "keen to emphasise . . . was completely independent from the Government" or in the Treasurers words was: ". . . a report to the Government, . . . not a Government report." A report which generally examined the strength and security of Australias banking and financial system - see Financial System Inquiry: Final Report Delivered

Media and Intellectual Property

The headline issue on the media and broadcasting front this year has been the questions and concerns surrounding the concept of "data retention" ever since the Federal Attorney-General George Brandis announced on 17 July 2014 that the Federal Government was considering forcing internet service providers to retain customer data for up to two years for access by law enforcement agencies up to the enactment of legislation on the matter in recent weeks - see

• Data Retention and Law Enforcement Access
• Data Retention and Metadata: Browsing History Inclusion
• Telecommunications Data Retention Legislation Introduced in Parliament

In the copyright area, interest was raised when leading swimwear brand Seafolly emerged as the victor in a long-running Federal Court battle with surfwear designer, manufacturer and retailer, City Beach on 1 April 2014, when Justice Dodd-Streeton found that City Beach had infringed Seafolly’s copyright in three of its designs from the summer 2010-2011 range - see Swimsuit Copyright Fight: Swimsuit Copyright Fight: Seafolly Pty Limited v Fewstone Pty Ltd [2014] FCA 321

Migration

No year in review piece could close without mention of migration and asylum seeker issues as for yet another year the whole asylum seeker issue and the topic of migration and border protection has remained at the top of the legal discussion list. Some of the more controversial items of law have been the:

• Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) legislation
• Migration Amendment (Humanitarian Visa Intake) laws
• Migration Amendment (Character and General Visa Cancellation) laws

Many of these have drawn high criticism from bodies like the Senate Human Rights Committee. See

•  Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (CTH)
• More Migration Legislation Resolving the Asylum Legacy Caseload
• Migration Amendment (Humanitarian Visa Intake) Bill 2014
• Migration Amendment (Character and General Visa Cancellation) Bill 2014 (Cth)
• Senate Human Rights Committee Highly Critical Of The Government’s Migration Bill

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