New Evidence: Rodi v Western Australia [2018] HCA 44
On the 10th October 2018, the High Court unanimously allowed an appeal from the Court of Appeal of the Supreme Court of Western Australia (‘the Court of Appeal’). At trial, the appellant was charged with possession of a prohibited drug with intent to sell or supply it to another. At trial, he admitted to possession of the drug, however, denied intent to sell or supply and maintained that possession was entirely for personal use. The jury found the appellant guilty at trial.
High Court Finds Sufficient Causal Nexus for Account of Profits Remedy: [2018] HCA
43
The High Court unanimously dismissed an appeal, and by majority, allowed a cross-appeal, from a judgement from the Full Court of the Federal Court of Australia in the case of Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43 on 10 October 2018. The case concerned breach of fiduciary duties of the Corporations Act 2001 (Cth) and whether there was a sufficiently causal nexus for the remedy of account of profits.
WA Consumer Legislation Amendment Bill: Toppling Furniture and Other Changes
Last week on Wednesday, 10 October 2018, the Consumer Protection Legislation Amendment Bill 2018 (the Bill) was introduced into the WA Parliament by the Minister for Commerce and Industrial Relations. The Bill makes a wide range of changes to Western Australian consumer, tenancy and building laws. Notable among the changes is the introduction of an important change relating to tenants being allowed to affix furniture to walls to prevent it from toppling over and causing injury, and as a result the bill has become known as "the toppling furniture Bill".
New Airport Security Bill Introduced to Federal Parliament
The Crimes Legislation Amendment (Police Powers at Airports) Bill 2018 (Cth) (“the Bill”) was introduced to the House of Representatives by Minister for Home Affairs Peter Dutton on 12 September 2018. The Bill is currently before the House of Representatives.
Committee Report Into Access To NBN Corporation Facilities By Emergency Services Released
The Senate Environment and Communication Legislation Committee (‘the Committee’) has released its report into the Telecommunications Legislation Amendment Bill 2018 (Cth) (‘the Bill’) on 10 September 2018. The Bill is for the purpose of requiring National Broadband Network (NBN) corporations such as NBN Co Ltd (NBN Co) to provide emergency services with access to their telecommunications facilities in certain situations, and also to allow the determination and installation of temporary communications facilities under certain conditions. The Committee found that there was a public interest in allowing emergency services access to NBN towers, and recommended that the drafting of the Bill should be strengthened to provide greater certainty as to the achievement of its objectives.
Committee Releases Report on QLD's Termination of Pregnancy Bill 2018
The Termination of Pregnancy Bill 2018 (QLD) (‘the Bill’) was introduced to the Queensland Parliament on 22 August 2018 by the Attorney General, Yvette D’Ath. On the same day, the Bill was referred to the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (‘the Committee’) for consideration, with its final report released on 5 October 2018.
New Workers Compensation Amendment Bill Introduced to NSW Parliament
The Workers Compensation Legislation Amendment Bill 2018 (NSW) (the “Bill”) was introduced to the NSW Legislative Council on 19 September 2018, by NSW Minister for Resources, Energy & Utilities, and the Arts, Don Harwin. The Bill was introduced to the House of Assembly on 26 September 2018, where it is currently before the House.
An Overview of the Banking Royal Commission Interim Report
On Friday, 28 September 2018, the interim report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Commission), was released by Commissioner Hayne (the Commissioner). The interim report documents the findings of the Commission so far and considers some of the measures needed to address the failings in the financial system found by the Commission.
Telstra Compensates Customers for Unauthorised Billing Charges
A recent Australian Competition and Consumer Commission (“ACCC”) Media Release reports that Telstra Corporation Limited (“Telstra”) has so far refunded $9.3 million to 72,000 customers after it was found by the Federal Court of Australia (“the Court”) in April 2018 to have misled consumers in relation to its Premium Direct Billing (“PDB”) third-party billing service.
The Queen v Dennis Bauer (A Pseudonym) [2018] HCA 40: Evidence and Trial Procedure
In The Queen v Dennis Bauer (A Pseudonym) [2018] HCA 40 (12 September 2018), the High Court of Australia has, in a unanimous decision, allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria which had quashed the respondent's convictions for sexual offences (see Bauer (a Pseudonym) v The Queen (No 2) [2017] VSCA 176 (30 June 2017)).
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