Supreme Court Library Queensland - Queensland Legal Updater
Supreme Court Library Queensland - Queensland Legal Updater

A selection of legal developments for the period:

14 March - 20 March 2017

Legislation

Subordinate Legislation and Legislative Instruments

Aboriginal Land (Birriah USL and Duyfken Point USL) Amendment Regulation 2017 (Qld)

Explanatory Memorandum

The Regulation amends the Aboriginal Land Regulation 2011 to declare areas of available State land as transferable land. The available transferable land will allow for the eventual grant of inalienable freehold title to Aboriginal people under the Aboriginal Land Act 1991.

Fisheries (Deception Bay and Jumpinpin-Broadwater Declared Fish Habitat Areas) Amendment Regulation 2017 (Qld)

Explanatory Memorandum

The Regulation amends the management levels of parts of the Moreton Bay fish habitat areas.

Practice Directions

Case conferences and callovers to conclusion in criminal matters in the Childrens Court

Childrens Court (Magistrates Court),2 of 2017

Subpoenas

Mental Health Court,3 of 2017

Sentence proceedings

Children's Court of Queensland,1 of 2017

Judgments

R v Hannaford [2017] QCA 036

Fraser JA and Dalton and Burns JJ

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION OR NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL DISMISSED - where the appellant was convicted by a jury of murder - where the appellant contended that the trial judge wrongly permitted a lie allegedly told by the appellant to go to the jury as evidence of consciousness of guilt - where the appellant further contended that the trial judge erred in the directions given to the jury concerning the use to which the alleged lie could be put by the jury - whether the evidence at trial was capable of establishing that the alleged lie, if told, was untrue - whether the alleged lie was capable of amounting to evidence of consciousness of guilt

RM v Queensland Police Service [2017] QCAT 071

Member Deane

HUMAN RIGHTS - PRIVACY - Information Privacy - whether information released was personal information - whether information was used for the purpose for which it was obtained - whether an employee sending the offending email constitutes use or disclosure - whether QPS took all reasonable steps to prevent unauthorised use or disclosure - whether consequential orders ought be made including an apology, re-imbursement of expenses incurred and payment of compensation

Baioumy v Wendt [2017] QDC 055

Morzone QC DCJ

PROCEDURE - JURISDICTION AND GENERALLY - Personal Injuries Proceedings Act 2002 (Qld) - application for leave to proceed despite non-compliance with pre-litigation procedures - cross application for summary judgment - plaintiff filed proceedings for damages for false imprisonment before expiry of limitation period - plaintiff failed to service notice of claim before commencing proceedings or expiry of limitation period - whether failure to comply with pre-litigation procedure renders proceeding not justiciable, invalid or nullity - where notice of claim served outside limitation period - exercise of discretion - explanation of non-compliance due to interstate solicitor's ignorance of practice and procedure - whether prejudice merely because loss of limitation defence - whether non-compliance is excusable or whether to strike out statement of claim - whether to stay proceeding pending compliance

Articles and Speeches

Jamie Glister, 'Diverting Fiduciary Gains to Companies'. (2017) 40(1)University of New South Wales Law Journal 1 - 23

The purpose of the article is to examine ways in which a wrongdoing fiduciary may be personally liable for gains that are made (or appear to be made) by an associated company.

Matthew Groves, 'Interpreters and Fairness in Administrative Hearings'. (2016) 40(2)Melbourne University Law Review 1 - 41

This article examines the rules governing interpreters in migration hearings as an example of the requirements of fairness in administrative hearings involving interpreters.

Professional Development

QLS Masterclass: Property Law

Queensland Law Society - Law Society House Auditorium: 13 April 2017

Designed for property law practitioners with over five years post admission experience who want to extend their skills and knowledge. This masterclass uses scenarios and questions taken from past specialist accreditation assessments in property law to explore various aspects of property transactions relating to property developments and commercial conveyancing.

Media Releases

Federal Government crippling vital justice safety net by cutting CLC funding

Queensland Law Society

President Christine Smyth joins with Queensland’s Attorney-General Yvette D’Ath and Community Legal Centres Queensland Director James Farrell to urge the Federal Government to reverse the decision to cut $2 million in vital community legal centres funding.

Queensland Government Gazette Extraordinary Issue No. 51

Queensland Government

Extraordinary Queensland Government Gazette No. 51 for 16 March 2017, Volume 374 (pages 383-384).

Queensland Government Gazette Extraordinary Issue No. 52

Queensland Government

Extraordinary Queensland Government Gazette No. 52 for 16 March 2017, Volume 374 (pages 385-386).

Queensland Government Gazette March 2017

Queensland Government

Queensland Government gazettes 50-56 (pages 381-412) containing legal notices, such as legislative changes, and appointments to permanent government positions for 17 March 2017. See gazette index Vol. No. 374 (2017) for a list of affected legislation.

Library News and Events

New Titles

Shanahan's Australian law of trade marks and passing off

Mark Davison, Ian Horak.
Pyrmont, NSW : Thomson Reuters, 2016.

Doping in sport and the law

edited by Ulrich Haas and Deborah Heale.
Oxford : Hart Publishing, 2016.

Indigenous Australians, social justice and legal reform : honouring Elliott Johnston

editors Hossein Esmaeili, Gus Worby, Simone Ulalka Tur.
Annandale, NSW : The Federation Press, 2016.


View a complete list of new titles.

Library News

No new Library News have been selected this week.

Disclaimer

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