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Australian Law and Politics

This category contains 40 posts

Court Of Appeal Clarifies Scope Of Appeals Against Acquittal


The New South Wales Occupational Health & Safety Act (Act) permits the prosecutor to appeal to a Full Bench of the Industrial Court of New South Wales, against a verdict of acquittal. This is an exception to the normal principles of criminal law. Recently the New South Wales Court of Appeal was called upon to … Continue reading

Misfeasance In Public Office


Claims against government for the tort of misfeasance in public office appear to be on the rise. Usually, persons affected by government actions or decision-making will seek public law remedies. For example, where a person’s interests are affected by a government decision that is made in excess of authority, the person might seek to have … Continue reading

New Australian Domain Names Sale Rules


The Australian Domain Name Administrator (auDA) recently relaxed its rules on domain name transfers by introducing a new Transfers (Change of Registrant) Policy. Significantly, the policy allows domain name registrants to transfer or “sell” their .com.au domain name licences to any other eligible person or entity by any means. So what will be the effect … Continue reading

Freedom Of Information Reforms In ACT


ACT Attorney General Simon Corbell has indicated that Labor will honour the commitments made during the recent ACT election by introducing changes to the Freedom of Information Act 1989 to remove conclusive certificates, except in relation to national security considerations. “Conclusive certificates currently operate to remove documents and information from disclosure under Freedom of Information … Continue reading

ACMA Action Against 2UE For John Laws Breach


Radio 2UE and John Laws have once again failed to disclose announcements as commercials. The Australian Communications and Media Authority (ACMA) has filed an application in the Federal Court of Australia seeking a civil penalty order against Radio 2UE Sydney Pty Ltd for breaching the licence condition. The 2UE breaches relate to 13 failures by … Continue reading

Australian Labor Policies May Be Placed On Hold


The ambitious Australian financial rescue package, announced by Prime Minister Kevin Rudd last month, has been welcomed by most Australians. However, some key policies, such as the carbon trading scheme, may have to be placed on hold to pay for the rescue. Rudd has announced several measures designed to reduce the immediate impact on Australia … Continue reading

HREOC Programs Diverting Young Indigenous From Incarceration


Federal Social Justice Commissioner Tom Calma, has released a new report which calls for the ‘skilling up’ of existing services that work with Indigenous young people with cognitive or mental health issues, in an effort to halt their slide into the juvenile justice system. The report is from the Human Rights and Equal Opportunity Commission … Continue reading

FOI Cover Up By Immigration Department


A tribunal has found the Immigration Department was wrong in refusing to release 282 documents under FOI legislation,  concerning Dr Mohamed Haneef.  Only one document, about the Immigration Minister’s actions, was exempt, as it might be “misinterpreted by the public”. The findings are by the Administrative Appeals Tribunal (AAT) under the Freedom of Information Act … Continue reading

Scrapped Work Choices Legislation and Unfair Dismissal Laws


Australian law firms are expecting the Federal government’s upcoming move to end Work Choices legislation, in favour of Labor’s new industrial relations law, will bring an influx of employment-related work. Unfair dismissal changes have historically prompted a significant number of clients to seek legal advice, according to Baker & McKenzie partner Michael Michalandos. He expects … Continue reading

Australian Soil Studies Question Effect Of Climate Change


Climate change may not be as severe as predicted, suggests an international study that shows current modelling of carbon dioxide emissions from soils are overestimated by as much as 20%. The view, reported in the latest Nature Geoscience journal, is based on a study of Australian soils that finds the amount of carbon dioxide (CO2) … Continue reading

Down Syndrome Family Wins Six Year Visa Battle


Perth midwife Tracey Robinson and her husband, Paul, have won a six-year battle against the Immigration Department to stay in Australia with their Down syndrome son. Immigration Minister Chris Evans has foreshadowed reform of the visa process for families with disabled children after using his discretion this week to grant the Robinsons permanent residency. Senator … Continue reading

ASIC Position On Short Selling


The continuing effects of the global financial crisis have resulted in what some have called unprecedented turmoil in financial markets. Some of the volatility in stock markets has been blamed on short selling. Short selling is an activity whereby an entity enters into an agreement to sell a security that it does not currently own. … Continue reading

Glass Ceiling For Women Lawyers


Just 90 years after winning the right to practice law, woman currently make up 68% of all law graduates, which is a remarkable achievement. However, females account for only 16% of partners, and less than 3% of managing partners and/or CEO’s which raises questions of gender equality at the senior management level within Australian law … Continue reading

Child Obesity Checks Should Start From Birth, Say Experts


Children should be weighed and monitored for obesity from birth to stop them becoming unhealthy, fat adults, according to researchers. The experts argue the Federal Government’s Healthy Kids Check plan to weigh all children from the age of four from next year is leaving it too late, given one in five children are already overweight … Continue reading

One Quarter Of Law Firms Lose Confidential Data


About 24% of UK law firms have admitted to misplacing at least one mobile device containing confidential documents, a recent survey found. IT company CREDANT Technologies interviewed 100 UK small to medium sized law firms and revealed that lawyers were about as “clueless” as other professionals, when it came to respecting client confidentiality. Over 90% … Continue reading

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In Beijing’s BRICS summit, Putin is back on the world stage

In Beijing’s BRICS summit, Putin is back on the world stage

When Russian President Vladimir Putin dials into the virtual BRICS summit hosted by Beijing on Thursday, it will be his first time attending a forum with the heads of major economies since launching an invasion of Ukraine earlier this year. For Putin, this could offer a welcome picture: his face beamed onscreen alongside other leaders […]

U.S. not seeking to create “Asian NATO,” defense secretary says

U.S. not seeking to create “Asian NATO,” defense secretary says

The U.S. Defense Secretary emphasized partnership as the main priority for the American security strategy in the Indo-Pacific during a keynote speech on Saturday. However, Lloyd Austin stressed that the U.S. does not seek to create “an Asian NATO.” Austin spoke for half an hour at the First Plenary Session of the Shangri-La Dialogue 2022 […]

Why Chinese warplanes are ‘playing chicken’ with US allies

Why Chinese warplanes are ‘playing chicken’ with US allies

Chinese warplanes are targeting US allies in a high-stakes “game of chicken” over the Asia-Pacific that risks spiraling out of control — raising the risk of an incident that could spark war. That is the view of analysts who warn increasingly aggressive maneuvers by Chinese fighter jets — accused of endangering both Canadian and Australian […]

Has China lost Europe?

Has China lost Europe?

In April and May, as Russia’s war in Ukraine entered its third month, China sent a special envoy to meet with officials in eight central and eastern European countries. The timing was not coincidental: in the two months since Russia had launched its invasion, China’s standing in Europe had sunk to new lows. European governments […]

Xi’s re-election: Opportunity for the world, curse for China

Xi’s re-election: Opportunity for the world, curse for China

China is gearing up for the 20th National Congress of the Chinese Communist Party to be held later this year. According to the consensus view, President Xi Jinping’s historic bid for a third term as the party’s General Secretary is assured. The Chinese President and General Secretary of the Chinese Communist Party (CCP), Xi Jinping, doesn’t have much […]

China: A political view

China: A political view

I read Dr Mohamad Zreik[2] interesting and comprehensive article on the growth of China’s economy. It has come a long way since the days of Mao Tse Tung and the days of his communist experiment, the Long March, when millions died. The years that followed Mao set the path from which the economy took off […]

Math books outrage China with ‘ugly, sexually suggestive, pro-American’ images

Math books outrage China with ‘ugly, sexually suggestive, pro-American’ images

China has ordered a nationwide review of school textbooks after illustrations deemed ugly, sexually suggestive and secretly pro-American caused public uproar. The news has alarmed some experts and parents who fear the campaign is turning into a political witch hunt and represents an unnecessary tightening of the country’s already stringent censorship of cultural publications. The […]

Why Biden didn’t mean what he said about Taiwan

Why Biden didn’t mean what he said about Taiwan

The White House has been left scrambling a little after President Joe Biden suggested on May 23, 2022, that the US would intervene militarily should China attempt an invasion of Taiwan. The comment, which Biden made during a trip to Japan, was taken by some observers as a deviation from the official US line on […]

United States outmanoeuvres Russia once again? 

United States outmanoeuvres Russia once again? 

In a recent briefing, the US Director of National Intelligence (DNI), Avril Haines warned, “I would characterize it as the Russians aren’t winning, and the Ukrainians aren’t winning, and we’re at a bit of a stalemate here.” So, where is the Russia-Ukraine war heading? What is Russian President Putin planning next? Is Europe ready for […]

China is defying global order to expand power, US admiral warns

China is defying global order to expand power, US admiral warns

The Chinese Communist Party and the People’s Liberation Army (PLA) are destabilizing international order in an effort to expand their global power, Adm. John Aquilino, commander of the Indo-Pacific Command, warned lawmakers during a House hearing on Tuesday. In his written testimony submitted to the House Appropriations defense subcommittee, Adm. Aquilino explained that the Department […]