Two things have happened in the past two weeks that should be of great concern to all Australians. First, the Prime Minister established a “national cabinet” for the first time in our history, saying it was needed to coordinate action on the coronavirus outbreak. Second, the PM shut down Federal Parliament for at least five months, again because … Continue reading
Labor is being swept with expectations that Julia Gillard will be replaced as Prime Minister before parliament rises for the election, with Kevin Rudd now seen as the party’s only hope of averting electoral disaster. Shocked by polling and amazed at the former prime minister’s reception in Geelong on Friday, some of Ms Gillard’s staunchest … Continue reading
The following editorial, among the most famous ever written, appeared in the New York Sun in 1897. Since it’s Christmas, etc… Also, it is a great piece of writing: We take pleasure in answering at once and thus prominently the communication below, expressing at the same time our great gratification that its faithful author is … Continue reading
Employers and recruiters unintentionally inflict a ‘glass ceiling’ on disabled Australians, largely due to a lack of infrastructure and consideration, and new figures show that disabled people are half as likely to be employed compared to the population in general. John Walsh, author of a new report, “Disability Expectations: Investing in a better life, a … Continue reading
Director General of the World Intellectual Property Organization Francis Gurry has welcomed the ratification by the European Union of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The treaties establish the basic standards of protection for copyright and related rights in the digital environment. Mr Gurry said the EU’s ratification of the … Continue reading
The Federal Government has been taking a variety of measures intended to reduce “binge drinking”. One of those measures has been to increase rates of duty and excise on “ready to drink” mixed drinks known as Alcopops. Many of you have been following the fate of measures intended to raise customs duty on imported products … Continue reading
As we celebrate Australia Day with our friends and families – over barbeques, picnic tables and beach towels – I know that many of you share my concerns about the impact of the global financial crisis on our families. This year will not be an easy one, and to be frank, we face some very … Continue reading
The Minister for Resources and Energy, Martin Ferguson AM MP, has welcomed the release of exposure draft legislation to support the establishment of the Australian Energy Market Operator (AEMO). The creation of AEMO, which will require amendment to the National Electricity and Gas Laws and National Electricity and Gas Rules, will implement the decision of … Continue reading
The Minister for Broadband, Communications and Digital Economy, Senator Stephen Conroy today announced that the final report from the Panel of Experts on submissions to the National Broadband Network process has been received. The Minister stated that the receipt of this report marks a significant milestone in the NBN process: “The Government is now considering … Continue reading
It is with great honour today that we commend the valour of Trooper Mark Donaldson with the presentation of the first Victoria Cross for Australia. This is a truly historic day. Trooper Donaldson’s bravery will forever be engraved in Australian history. Generations of school children will now know of the story of Trooper Mark Donaldson. … Continue reading
My fellow citizens: I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service to our nation… (APPLAUSE) … as well as the generosity and cooperation he has shown throughout this transition. Forty-four Americans … Continue reading
APH Media Release – 19th January 2009 The Parliamentary Public Works Committee will conduct hearings on $793 million worth of new facilities proposed by Defence for Lavarack Barracks, Townsville, RAAF Base Amberley, Brisbane , and six other locations to support the needs of Enhanced Land Force Stage 1. The project proposes to provide accommodation and … Continue reading
The Queensland Court of Appeal [McMurdo P, Fraser JA and Mackenzie AJA] has upheld the decision of the Supreme Court in another trip and fall case where the primary judge held that the unfortunate injury was not caused by the negligence of the respondent but rather the plaintiff’s own carelessness. ELLIS V UNITING CHURCH IN … Continue reading
Economic conditions, court decisions, and a new Federal Government all will generate changes during 2009. The following are the top ten developments according to Clayton Utz Solicitors. 1. Economic downturn triggers a rise in litigation As the economy slowed in 2008, litigation departments became increasingly busy. Demand for litigation has traditionally been counter-cyclical. The conventional … Continue reading
Do you impliedly waive privilege in your legal advice by putting in issue your state of mind? Generally speaking, two distinct approaches emerged, a broad view and a narrower view, but recently the narrower view has prevailed. The NSW Court of Appeal recently signalled however that it might be prepared to take a broader view … Continue reading
Key Points Damages are now available for pure mental distress for breach of confidence claims, where the essence of the claim is that there has been a misuse of private information. This could have important consequences for the media in Australia. In this case, the Victorian Court of Appeal chose to adapt the existing action … Continue reading
In Fitzsimmons and Comcare [2008] AATA 919, the Administrative Appeals Tribunal (Tribunal) rejected Mr Fitzsimmons’s application to reinstate his claim on the basis that it was ‘dismissed in error’ under section 42A(10) of the Administrative Appeals Tribunal Act 1975 (AAT Act). BACKGROUND Mr Fitzsimmons appealed a decision by Comcare that it was not liable to … Continue reading
In Bain v Military Rehabilitation and Compensation Commission [2008] AATA 884, the Administrative Appeals Tribunal (Tribunal) was satisfied that it had jurisdiction to review decisions which the Commission had conceded could be reviewed out of time. BACKGROUND Mr Bain was injured during his Army Service in October 1969. Claims for compensation and other relevant records … Continue reading
Media Release By Prime Minister Kevin Rudd – Jan 5th 2009 I am deeply saddened to learn of the death of an Australian soldier in Afghanistan. This brave soldier, wearing the uniform of Australia, died in the field of duty wearing his nation’s uniform, and wearing it with pride. On behalf of the Government, I … Continue reading
In Muscat v Comcare [2008] AATA 872, the Administrative Appeals Tribunal (AAT) considered whether an employee was entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in circumstances where he had settled an action for damages against the Commonwealth in the Dust Diseases Tribunal of NSW (DDT). In making its decision, … Continue reading
Australia, along with a number of other friends and allies of the United States, has been approached to consider resettling detainees from Guantanamo Bay. This is a request from the Bush administration, and follows President Bush’s statement that he would like to see Guantanamo closed. This is not a request from President Elect Obama. The … Continue reading
From 1 January 2009 all liquor licences in Queensland will be re-categorised into the new streamlined licence types under the amended Liquor Act 1992 (Liquor Act). On 12 December 2008, the Government promulgated the amendments to the Liquor Regulation 2002, which sets out the new annual licence fee structure. The first instalment of annual licence … Continue reading
Tough new measures come into effect on January 1 as part of the Rudd Labor Government’s push to improve the quality of care for the frail and aged in Australia’s 2,830 aged care facilities. They include new laws: * Allowing – in some cases – the verbal lodgment of complaints by residents, family or staff … Continue reading
Australia and Bangladesh have formally agreed to work together against terrorism in South Asia. The Secretary of the Home Affairs Ministry of Bangladesh, Mr Abdul Karim, together with Australia’s High Commissioner to Bangladesh, Mr Douglas Foskett, today signed a Memorandum of Understanding on Cooperation to Combat International Terrorism. The signing ceremony took place in Dhaka. … Continue reading
Attorney-General Robert McClelland today tabled in Parliament the Rudd Government’s comprehensive response to outstanding reviews of national security legislation from the term of the former Government. At the same time, Mr McClelland tabled in Parliament the public report of the Inquiry by the Hon. John Clarke QC into the case of Dr Mohamed Haneef and … Continue reading