Clone Pty Ltd v Players Pty Ltd: High Court Allows Appeal to Set Aside Retrial of 12 Year Old Case

Friday 23 March 2018 @ 10.59 a.m. | Legal Research

On Wednesday, 21 March 2018, the High Court of Australia released its judgment in the case of Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12. In a unanimous joint judgment, Chief Justice Kiefel, and Justices Gageler, Keane, Gordon and Edelman held that the appeal be allowed. At paragraphs [1] to [3] the Court said:

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Northern Territory Bills for March 2018: Overview

Friday 23 March 2018 @ 10.32 a.m. | Legal Research

In March so far, the NT Government has passed the Biological Control Amendment Bill 2017 (No 33 of 2017) on 20 March 2018, and introduced the following new Bills to the House of Assembly:

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ACCC v H.J. Heinz Company Australia Limited [2018] FCA 360: Heinz's Packaging Misleading

Thursday 22 March 2018 @ 12.15 p.m. | Legal Research | Trade & Commerce

In the recent judgment of ACCC  v H.J. Heinz Company Australia Limited [2018] FCA 360 (19 March 2018), Justice White found that the packaging of Heinz Little Kids Shredz food misleadingly claims that the snack product is beneficial to the health of young children.  

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Queensland Introduces Bill for NDIS Information Sharing

Thursday 22 March 2018 @ 12.05 p.m. | Legal Research

On 20 March 2018, the Queensland Government introduced the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2018 (QLD) (‘the Bill’) into Parliament. The Bill is for the purpose of leading the transition to the National Disability Insurance Scheme (‘NDIS’) by providing for criminal history information sharing for the purposes of the NDIS, and inserting provisions related to the screening of sole traders of disability services.

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Alley v Gillespie [2018] HCA 11: Parliamentary Eligibility and the Common Informers Act

Wednesday 21 March 2018 @ 12.07 p.m. | Legal Research

Today, 21 March 2018, the High Court of Australia released its judgment in the case of Alley v Gillespie [2018] HCA 11. In this case, the full court of the High Court held that the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) ("the Common Informers Act") does not confer jurisdiction upon the Court to decide whether a person is a person declared by the Constitution to be incapable of sitting as a senator or as a member of the House of Representatives.

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Ronald Michael Craig v The Queen [2018] HCA 13: Incorrect Legal Advice

Wednesday 21 March 2018 @ 12.04 p.m. | Crime | Legal Research

Today in Ronald Michael Craig v The Queen [2018] HCA 13 (21 March 2018), the High Court of Australia has unanimously dismissed an appeal from the Court of Appeal of the Supreme Court of Queensland (see R v Craig [2016] QCA 166 (21 June 2016)) finding that incorrect legal advice had not adversely affected the outcome of the decision against the appellant.

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Parliamentary Committee To Hold Inquiries Into Migration Agents And Reviews Of Visa Cancellations

Tuesday 20 March 2018 @ 10.49 a.m. | Legal Research | Immigration

The Federal Parliament’s Joint Standing Committee on Migration (“the Committee”) announced two new inquiries last week.  Assistant Minister for Home Affairs, Alex Hawke, has asked the Committee to inquire into the efficacy of current regulation of Australian migration agents.  Minister for Home Affairs, Peter Dutton, has asked the Committee to inquire into the review processes associated with visa cancellations made on criminal grounds.  Both inquiries were announced on Wednesday 14 March, and are accepting written submissions from the public.  Submissions to both inquiries close on Friday 27 April 2018.

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Federal Court Rules Against Disclosure of Whitlam Dismissal Letters

Tuesday 20 March 2018 @ 10.20 a.m. | Judiciary, Legal Profession & Procedure | Legal Research

On Friday, 16 March 2018, the Federal Court of Australia released Justice Griffiths' judgment in the case: Hocking v Director-General of National Archives of Australia [2018] FCA 340. In his judgment, Justice Griffiths dismissed an application to release letters, known as the “Palace letters”, between the Queen and Sir John Kerr from 1975, when Sir Kerr was Governor-General of Australia. These letters are historically relevant as they concern one of the greatest constitutional crises in Australian history, the dismissal of Gough Whitlam as Prime Minister of Australia.

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NSW Bill to Protect Police from OHS Liability in Armed Offender Situations

Monday 19 March 2018 @ 2.01 p.m. | Legal Research

The NSW government has passed the Work Health and Safety Amendment Bill 2018 (NSW) (‘the Bill’) on 14 March 2018, which is currently awaiting assent. The Bill is for the purpose of ensuring that if a police officer fails to comply with duties stipulated in the Work Health and Safety Act 2011 (NSW) ('the Principal Act') in the course of responding to an armed offender incident, it will not constitute an offence by the officer under the Principal Act.

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Criminal Law Changes Commence in ACT: Including Response to Child Abuse Report

Monday 19 March 2018 @ 9.09 a.m. | Crime | Legal Research

The Crimes Legislation Amendment Act 2018 (6 of 2018) (ACT) (the "Act") was notified on 1 March 2018 and commenced operation on 2 March 2018 - apart from sections 32 to 36 which commence on 1 September 2018. The Act was introduced into the Australian Capital Territory's Legislative Assembly in 2017 as the Crimes Legislation Amendment Bill 2017 (No 2) (ACT).

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