Judiciary, Legal Profession & Procedure News

Rizeq v State of Western Australia [2017] HCA 23: Federal or State Laws in Jury Trials

Wednesday 21 June 2017 @ 12.00 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In John Rizeq v The State of Western Australia [2017] HCA 23 (21 June 2017), the  High Court of Australia has unanimously dismissed an appeal from the Court of Appeal of the Supreme Court of WA relating to two drug convictions (see Rizeq v The State of Western Australia [No 2] [2015] WASCA 165 (24 August 2015) and Rizeq v The State of Western Australia [2015] WASCA 81 (29 April 2015)) .

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Questions About FWC Operation Referred To Federal Court, Delays Paid Domestic Violence Leave Decision

Thursday 15 June 2017 @ 12.10 p.m. | Judiciary, Legal Profession & Procedure

The Full Bench of the Fair Work Commission has had to delay the handing down of a landmark decision on paid domestic violence leave, due to “unprecedented circumstances” following on the resignation of Vice President Graeme Watson.  Vice President Watson was one of three members of the Full Bench deciding the case, which had reserved its decision following the conclusion of hearings.  If the application brought by the Australian Council of Trade Unions (“ACTU”), is successful, all employees covered by modern awards would be entitled to 10 days per year of paid family and domestic violence leave, which would cover activities such as attending legal proceedings, medical and financial appointments and making relocation arrangements. 

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New Laws to Strengthen Ministerial Powers Over Immigration

Thursday 15 June 2017 @ 11.01 a.m. | Judiciary, Legal Profession & Procedure | Legal Research | Immigration

It has been reported that the Immigration Minister, Peter Dutton, wants the Federal Government to be given the power to overrule the Administrative Appeal Tribunal (the AAT) with respect to decisions on citizenship matters. Under the proposed changes, Minister Dutton would be given stronger powers allowing him to override the now independent AAT's decisions on citizenship applications.

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State of NSW v DC [2017] HCA 22: Duty of Care State Government Department

In State of New South Wales v DC [2017] HCA 22 (14 June 2017), the High Court of Australia has revoked a grant of special leave to appeal against a decision of the Court of Appeal of the Supreme Court of  NSW [see DC v State of New South Wales [2016] NSWCA 198]. 

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South Australian Civil and Administrative Tribunal (SACAT): The Two Year Review

Under section 96 of the South Australian Civil and Administrative Tribunal Act 2013 [the SACAT Act] there was a requirement created for an independent review of the operation of the South Australian Civil and Administrative Tribunal [SACAT] to be undertaken following SACAT's first two years of operation. That review has now been announced and the terms of reference for the review have been circulated.

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