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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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Most Recent Posts Post on My Blog About China: China News

Cadence Column: Asia, October 25, 2021

Cadence Column: Asia, October 25, 2021

Taiwan was thrust into a position without being asked. In 1971, the United Nations removed the Taipei-seated government known today as “Taiwan” and switched to recognizing the Beijing-based government known as “China”. The Taiwanese were elbowed out of the global forum. Now, the US is working to bring Taiwan back in, but not the same […]

China’s trade practices come under fire

China’s trade practices come under fire

China’s trade policies have come under strong criticism during a review at the World Trade Organization (WTO). The US accused China of “skewing the playing field” by using “unfair trade practices” such as preferential treatment for state businesses. Meanwhile Australia said the country’s behaviour was “inconsistent” with its WTO commitments. China said it was committed […]

China’s economy weakens, then gets even worse and now there’s a global shipping crisis. What’s next?

China’s economy weakens, then gets even worse and now there’s a global shipping crisis. What’s next?

The world is waking up to the fact that maybe being dependent upon China for its goods is not such a good idea. In 2019 at about the same time the US was closing on the trade deals with China, COVID emerged in China. In 2019 China’s economy was also beginning to slow down. COVID […]

U.S. needs nuclear spacecraft to compete with China, NASA official tells Congress

U.S. needs nuclear spacecraft to compete with China, NASA official tells Congress

A NASA official told Congress on Wednesday that the United States needs more nuclear spacecrafts in order to compete with China. “Strategic competitors including China are aggressively investing in a wide range of space technologies, including nuclear power and propulsion,” Bhavya Lal, NASA’s senior advisor for budget and finance, told the House Science, Space, and […]

China shows off drones recycled from Soviet-era fighter jets

China shows off drones recycled from Soviet-era fighter jets

China has for the first time showed off retired 1950s era fighter jets that have been converted to unmanned drones, with satellite photos of two of its east coast bases near Taiwan showing a large number of the jets on site. The People’s Liberation Army’s Eastern Theater Command published the photos of two Shenyang J-6s […]

China’s propaganda machine is intensifying its ‘people’s war’ to catch American spies

China’s propaganda machine is intensifying its ‘people’s war’ to catch American spies

“Let’s fight a ‘people’s war’ against the spies, so that they cannot move a single step and have no place to hide!” That was the rallying cry of a Chinese military newspaper on social media over the weekend, as Beijing urges public vigilance against American espionage following the launch of a CIA mission center dedicated […]

China’s blackouts break power cutoff pledge

China’s blackouts break power cutoff pledge

As China struggles to control the latest surge of power shortages, the government seems to be hoping that the public will have short memories for how it has dealt with similar problems in the past. After months of downplaying the power crisis and recommending partial fixes, central government authorities belatedly acknowledged the spread of electricity […]

Cadence Column: Asia, October 18, 2021

Cadence Column: Asia, October 18, 2021

According to Chinese and US claims, China has a high-orbit, hypersonic missile that can hit a target within 24 miles. And, that’s why China is the new boss of the world and everyone else should hate America. The end. But, that’s not the end in the mind of Taiwan or the US Pentagon. This week, […]

China ‘making its nuclear submarines harder to detect’

China ‘making its nuclear submarines harder to detect’

China is upgrading its nuclear missile-equipped submarines to make them harder for rival powers such as the US to detect, reports suggest. The People’s Liberation Army Navy has redesigned its type 094 submarines to make them quieter, The South China Morning Post reports. Defence experts believe the Chinese 094 submarine can carry and launch the […]

Could China’s economy collapse?

Could China’s economy collapse?

For almost half a century, Chinese officials have overseen one of the greatest economic transformations in human history. The country has gone from collectivized farms and famine to world-leading tech companies and gleaming megacities connected by superfast trains. More than 800 million Chinese have been pulled out of poverty as the Communist Party and its leader […]