The Queen v Dennis Bauer (A Pseudonym) [2018] HCA 40: Evidence and Trial Procedure

Thursday 13 September 2018 @ 3.10 p.m. | Crime | Legal Research

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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Protecting Your Superannuation Package Bill: Committee Reports on Government Bill

Thursday 13 September 2018 @ 12.03 p.m. | Corporate & Regulatory | Taxation

The Treasury Laws Amendment (Protecting Your Superannuation Package) Bill 2018 (Cth) (the Bill) was introduced into the Federal Parliament by Minister for Revenue and Financial Services, Kelly O’Dwyer, on 21 June 2018. The Bill was then referred to the Senate Standing Committee on Economics (the Committee) which reported on the legislation on 13 August 2018. The Government states that the Bill makes amendments that ". . . will protect individuals' retirement savings from erosion,  ultimately increasing Australians’ superannuation balances."

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Criminalising the Non-Consensual Online Sharing of Intimate Images

Thursday 13 September 2018 @ 11.28 a.m. | Crime | IP & Media | Legal Research

The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 (Cth) (the ‘Act’) commenced on 1 September 2018. The Act amends the Enhancing Online Safety Act 2015 (Cth) (the '2015 Act') and the Criminal Code Act 1995 (Cth) to implement the Government’s commitment to introduce a civil and criminal penalty regime to combat the non-consensual sharing of intimate images.

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High Court Upholds Doctrine of Part Performance in Pipikos v Trayans [2018] HCA 39

Thursday 13 September 2018 @ 9.08 a.m. | Judiciary, Legal Profession & Procedure | Legal Research

On 12 September 2018, the High Court unanimously dismissed an appeal related to property ownership and part performance in the case of Pipikos v Trayans [2018] HCA 39. The High Court reaffirmed the principle that actions relied upon to demonstrate part performance must be unequivocally referable to the alleged agreement.

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Government Releases Exposure Draft of Bill to Regulate Data Encryption and Law Enforcement

Tuesday 11 September 2018 @ 10.58 a.m. | Crime | Legal Research

The exposure draft of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) was released by the Minister for Law Enforcement and Cyber Security, Angus Taylor, on 14 August 2018.

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Parliamentary Committee Report Released on Cross-Examination in Family Violence Cases

Monday 10 September 2018 @ 12.09 p.m. | Legal Research

On 13 August 2018, the Senate Legal and Constitutional Affairs Committee (‘the Committee’) released their report into the Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 (CTH) (‘the Bill’).  The findings in the report indicate that the Bill is likely to be passed. However, the Committee recommended that details regarding the funding of the measures in the Bill be made public.

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Record Penalty Awarded Against Tech Company For Failing To Pay Unfair Dismissal Compensation

Friday 7 September 2018 @ 10.53 a.m. | Industrial Law | Legal Research

The Fair Work Ombudsman (the “Ombudsman”) has revealed in a Media Release that they have obtained record penalties from the Federal Circuit Court of Australia (the “Court”) against Macquarie Technology Group International Pty Ltd (“MTGI”) as well as the company’s owner, Paul Wallace, for failing to pay an earlier penalty to an employee who was unfairly dismissed in 2014.

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Report Into Housing Costs Considers ACT's Land Rent Scheme and Community Land Trusts

Thursday 6 September 2018 @ 2.59 p.m. | Legal Research

A recently published report "Unspoken Alternatives to Expensive Housing "(the report), written by Cameron Murray, Lecturer in Economics, at the University of Queensland, for The Australia Institute and Prosper Australia has looked at the proposition "what if there was a way, right now, to offer a form of secure long-term home ownership to renters while saving them about half their housing costs?" and concluded that "not only is it entirely possible, but it has been happening quietly in our nation’s capital for a decade, saving Canberra residents millions per year".

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Higher Education Loan Repayment Threshold Lowered Under New Act

Monday 3 September 2018 @ 2.54 p.m. | Legal Research

The Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 (CTH) has been assented to on 24 August 2018. The Act is aimed at improving the sustainability of the Higher Education Loan Program (HELP) and debt recovery of the Student Financial Supplement Scheme (SFSS) by making changes such as lowering the threshold for repayment and introducing a new combined loan limit.

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New Bill to Strengthen My Health Records Privacy Introduced Into Federal Parliament

Friday 31 August 2018 @ 1.18 p.m. | Legal Research

The My Health Records Amendment (Strengthening Privacy) Bill 2018 (Cth) (the “Bill”) was introduced into Federal Parliament’s House of Representatives on 22 August 2018 by the Health Minister, Greg Hunt (the Minister). The Bill is intended to amend the My Health Records Act 2012 (No 63 of 2012) (Cth) (the “MHR Act”) to strengthen the privacy framework of the My Health Record system it establishes.

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