Package of Surveillance, Identity Matching and Police Powers Bills Introduced Into
NSW Parliament
The Surveillance Devices Amendment (Statutory Review) Bill 2018 (NSW) (‘the Surveillance Bill’) was introduced to the New South Wales Legislative Assembly on 17 October 2018. The Surveillance Bill was introduced cognate with the Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 (NSW) (‘the Transport Bill’) and the Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 (NSW) (‘the Terrorism Bill’).
ACCC Calls for Stronger Penalties to Protect Australian Franchisees
In a recent Australian Competition and Consumer Commission ( “ACCC”) Media Release, the consumer advocate has called for strengthening of Australia’s Franchising Code of Conduct (the “Code”) in an effort to "better protect franchisees, including a significant increase in penalties for breaches [of the Code], and requiring improved and more meaningful information disclosure to franchisees."
High Court Dismisses Appeal: WET052 v The Republic of Nauru [2018] HCA 47
In the case of WET052 v The Republic of Nauru [2018] HCA 47 (17 October 2018), the High Court of Australia (“High Court”) has, on 17 October 2018, unanimously dismissed an appeal from a judgment of the Supreme Court of Nauru (the “Supreme Court”).
Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 Expands Unpaid
Leave Right
The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 (Cth) ("the Bill") was introduced into the Federal Parliament on 13 September 2018 by Ms O’Dwyer, the Minister for Women ("the Minister"), and was subsequently referred to the Senate Education and Employment Legislation Committee ("the Committee"). In broad terms, the Bill proposes amendment of the Fair Work Act 2009 (Cth) ("the Act") to insert a new entitlement in the National Employment Standards ("the NES") to "five days of unpaid family and domestic violence leave".
Permanent Stay as Abuse of Process: UBS AG v Tyne [2018] HCA 45
In UBS AG v Scott Francis Tyne as Trustee of the Argot Trust [2018] HCA 45 (17 October 2018) the High Court of Australia has, in a majority decision, allowed an appeal from a decision of the Full Court of the Federal Court of Australia dealing with the power to permanently stay proceedings as an abuse of the processes of the court.
Contextual Value of Evidence in Sexual Offence Case: Johnson v The Queen [2018] HCA
48
On 17 October 2018, the High Court unanimously dismissed an appeal in the case of Johnson v The Queen [2018] HCA 48. The case concerned convictions for historical sexual offences, and whether the evidence of alleged sexual misconduct was admissible on the trial of certain counts. The High Court unanimously found that the impugned evidence had relevance in its connection to the family background in which the complainant and appellant were raised.
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.
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