NSW Proposes Amendments to Mandatory Pre-Trial Disclosures
The NSW Government has introduced the Criminal Procedure Amendment (Pre-trial Disclosure Bill 2018 (NSW) (‘the Bill’) on 15 August 2018. The Bill reflects the recommendations of the 2017 review of the Criminal Procedure Act 1986 (NSW) to revisit the mandatory pre-trial disclosure provisions by the prosecutor and the accused person.
The Residential Tenancies Amendment Bill 2018 To Make Major Renting Law Changes in
Victoria
The Residential Tenancies Amendment Bill 2018 (Vic) (‘the Bill’) was introduced at the Victorian Legislative Assembly on 7 August 2018 by the Minister for Consumer Affairs Marlene Kairouz. The Bill is the culmination of a four-year review into the Residential Tenancies Act 1997 (Vic) (‘the Act’). If passed, the Bill will enact over 130 reforms to the Act, which aim to strengthen the rights of renters, protect vulnerable tenants and clarify renter responsibilities.
AWU v AstraZeneca Pty Ltd [2018] FWC 4660: Landmark Decision On Sick Leave for Shift
Workers
In AWU v AstraZeneca Pty Ltd [2018] FWC 4660 (8 August 2018), the Fair Work Commission (the “FWC”) has handed down a ruling against AstraZeneca where the company was using the standard industry practise of providing an average of 76 hours of paid leave, based on the average of a 7.6 hour working day. In this case, the decision centred on a personal/carer’s leave dispute between the AWU and the company.
Procedural Fairness Probate of Will: Nobarani v Mariconte [2018] HCA 36
In Nobarani v Mariconte [2018] HCA 36 (15 August 2018) the High Court of Australia has, in a unanimous decision, allowed an appeal from the NSW Supreme Court of Appeal [see Nobarani v Mariconte (No 2) [2017] NSWCA 124 (5 June 2017)], and held that a new trial should be granted to the appellant on the basis that the appellant was denied procedural fairness in the conduct of a trial involving the respondent's claim for probate of a will in solemn form.
Recognition as a refugee: HFM043 v The Republic of Nauru [2018] HCA 37
In HFM043 v The Republic of Nauru [2018] HCA 37 (15 August 2018), the High Court of Australia unanimously allowed an appeal from the Supreme Court of Nauru, and held that the Supreme Court of Nauru erred in holding that the Refugees Convention Act 2012 (Nr) section 31(5) made it futile to remit the appellant's application for merits review to the Refugee Status Review Tribunal (the Tribunal).
Shrestha v Minister for Immigration and Border Protection & Anor [2018] HCA 35
The High Court has unanimously dismissed all three appeals in Shrestha v Minister for Immigration and Border Protection & Anor; Ghimire v Minister for Immigration and Border Protection & Anor; Acharya v Minister for Immigration and Border Protection & Anor [2018] HCA 35 (15 August 2018). The High Court upheld the judgement handed by the Federal Court of Australia which affirmed the decision of the Migration Review Tribunal (‘the Tribunal’).
NSW Bill to Allow Fair Trading Commissioner to Directly Address Consumer Disputes
The NSW Government has introduced the Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill 2018 (NSW) (‘the Bill’) on 8 August 2018. The Bill proposes to allow the NSW Fair Trading Commissioner to address consumer issues directly, allowing the Commissioner to direct businesses to refund, replace or repair defective goods. The new laws are proposed to come into effect from 1 January 2019.
High Court Refuses Special Leave Application by Cable Manufacturer
The High Court of Australia has dismissed an application for special leave to appeal by electrical cable manufacturer Prysmian Cavi E Sistemi S.R.L. (“Prysmian”) following a decision of the Full Federal Court which upheld the trial judge’s finding that the company had engaged in cartel conduct in the supply of high voltage land cables.
Victoria Passes Short-Stay Accommodation Bill
The Owners Corporations Amendment (Short-Stay Accommodation) Bill 2016 (Vic) (‘the Bill’) has finally passed both houses of the Victorian Parliament on 8 August 2018.
Criminal Assets Confiscation (Miscellaneous) Amendment Act SA Commences
The Criminal Assets Confiscation (Miscellaneous) Amendment Act 2018 (SA) ("the Act") was assented on Thursday 9 August 2018, and commenced operation on 10 August 2018. The Act makes important changes to the Criminal Assets Confiscation Act 2005 ("the CAC Act").
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