High Court Allows Appeal On Jury Direction: Lane v R [2018] HCA 28

Thursday 21 June 2018 @ 10.55 a.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In Paul Ian Lane v The Queen [2018] HCA 28 (20 June 2018) the High Court of Australia has, in a unanimous decision, allowed an appeal from the Court of Criminal Appeal of the Supreme Court of New South Wales (see Lane v R [2017] NSWCCA 46 (22 March 2017)).

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High Court Decision on Persistent Sexual Exploitation Offence: DL v The Queen [2018] HCA 26

Wednesday 20 June 2018 @ 3.20 p.m. | Crime | Judiciary, Legal Profession & Procedure

In DL v The Queen [2018] HCA 26 (20 June 2018) the majority of the High Court of Australia has dismissed an appeal from the Full Court of the Supreme Court of South Australia, sitting as the Court of Criminal Appeal (see R v D, L [2015] SASCFC 24 (10 March 2015)), finding that the trial judge's reasons for convicting the appellant had not been inadequate.

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Application of Parole Laws in the High Court: Minogue v State of Victoria [2018] HCA 27

Wednesday 20 June 2018 @ 1.42 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In Craig William John Minogue v State of Victoria [2018] HCA 27 (20 June 2018) the High Court has held, in answer to questions stated in a special case, that the Corrections Act 1986 (Vic) ("the Act") section 74AAA dealing with conditions for the making of a parole order for a prisoner who murdered a police officer, does not, on its proper construction, apply to Craig Minogue ("the plaintiff") .

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Greens Bill to Remove GST on Sanitary Products Passes Senate

Monday 18 June 2018 @ 3.30 p.m. | Legal Research | Taxation

The Treasury Laws Amendment (Axe the Tampon Tax) Bill 2018 (CTH) (‘the Bill’) passed the Commonwealth Senate on 18 June 2018. The Bill is for the purpose of removing the goods and services tax (GST) from sanitary products. The Bill is now due to be debated in the House of Representatives.

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Fair Work Ombudsman Commences Legal Proceedings Against Foodora

Monday 18 June 2018 @ 9.27 a.m. | Industrial Law | Legal Research | Trade & Commerce

In a recent Media Release from the Fair Work Ombudsman (the “FWO”), it was announced that legal proceedings against food delivery company Foodora Australia Pty Ltd (Foodora) have commenced in the Federal Court of Australia (NSW Registry).  The FWO alleges that the company has engaged in sham contracting activity that resulted in the underpayment of workers.

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Commonwealth Attorney-General Welcomes PJCIS Report on Espionage and Foreign Interference Bill

Friday 15 June 2018 @ 1.53 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In a Media Release from the Commonwealth Attorney General's office dated 7 June 2018, Attorney General Christian Porter has welcomed the release  of the Parliamentary Joint Committee on Intelligence and Security ("the Committee") report into the Government’s National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017, saying that the report was  "a major step forward in securing passage of this critical legislation and protecting Australia’s democratic systems from Foreign Interference" and that it was his expectation that the Bill would be considered and passed during the next parliamentary sitting period, later in June 2018.

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High Court Allows Appeal from VSC Concerning Stay of Proceedings: Rozenblit v Vainer [2018] HCA 23

Friday 15 June 2018 @ 10.50 a.m. | Judiciary, Legal Profession & Procedure | Legal Research

Last Wednesday, 13 June 2018, the High Court of Australia unanimously allowed an appeal from the Court of Appeal of the Supreme Court of Victoria. The appeal, brought by Mr Rozenblit (the Appellant), concerned an order for a stay of proceedings made by the primary judge of the Supreme Court of Victoria under rule 63.03(3)(a) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (the “Rules”). In allowing the appeal, the High Court unanimously held that the primary judge’s discretion to stay the original proceedings was miscarried.

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High Court Allows Appeal in Defamation Case from VSCA: Trkulja v Google LLC [2018] HCA 25

Wednesday 13 June 2018 @ 2.28 p.m. | IP & Media | Judiciary, Legal Profession & Procedure | Legal Research

Last week, on 13 June 2018, the High Court of Australia unanimously allowed an appeal from the Supreme Court of Victoria’s Court of Appeal (VSCA). The decision overturned was a summary dismissal of a defamation proceeding brought by Michael Trkulja (the “Appellant”) against Google LLC (the “Respondent”). The Court, with Chief Justice Kiefel, Justices Bell, Keane, Nettle and Gordon residing, held that the proceeding has a real prospect of success, contrary to the judgment of the VSCA. The proceeding was summarised by the full court at paragraph [1]:

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Amaca Pty Limited v Latz [2018] HCA 22: Expectation of Aged Pension

The High Court has published its reasons for the orders it made on 11 May 2018 in Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018), allowing in part, an appeal brought by Amaca Pty Limited ("Amaca") from a decision of the Full Court of the Supreme Court of South Australia, and dismissing an appeal brought by Mr Anthony Latz from that decision (see Amaca Pty Ltd v  Latz  [2017] SASCFC 145 (30 October 2017)). 

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Victorian Govt Introduces Bill to Implement 6 Royal Commission into Family Violence Recommendations

Tuesday 12 June 2018 @ 9.31 a.m. | Crime | Legal Research

Last week, on 5 June 2018, the Victorian Attorney-General Martin Pakula introduced the Justice Legislation Amendment (Family Violence Protection and Other Matters) Bill 2018 (Vic) (the “Bill”) into the Victorian Legislative Assembly. The Bill was introduced with the purpose of implementing 6 recommendations of the Royal Commission into Family Violence (the “Royal Commission”).  The Royal Commission tabled their final report to Parliament in March 2016. The 6 recommendations proposed to be implemented by the Bill were outlined in the explanatory memorandum to the Bill (page 1), and relate to:

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