Class Action against Local Government
In a class action proceeding against a local government for a claim in debt, the plaintiff made an application to strike out parts of the local government’s defence and counter claim that sought to rely on the principles of ‘change of position’, a defence associated with restitution. The application by the plaintiff was dismissed and […]
ReadmoreCultural Heritage – obligations on Qld entities
Images of the world famous Notre Dame cathedral on fire clearly raised many emotional responses for Australians. The images no doubt causing many to lament so much history and culture being destroyed in an instant. Yet few appreciate the parallels between a tragedy in a European cathedral and the regular destruction of indigenous cultural heritage […]
ReadmoreModern Slavery Act
The Modern Slavery Act 2018 (Cth) (‘Act’) commenced on 1 January 2019 and requires organisations with an annual consolidated revenue of more than $100 million to report annually on the risks of modern slavery within their supply chain. The Act is similar to the UK legislation. Organisations will be required to submit their first report after the […]
ReadmorePublic servants can be liable for social media posts
In the landmark case of Comcare v Michaela Banerji[1] handed down on Wednesday, the High Court unanimously overturned a ruling that the Department of Immigration and Citizenship imposed an unjustified burden on the implied freedom of political communication when dismissing Banerji because of her contentious political tweets. Background While employed at the Department of […]
ReadmoreSuccessful compliance and enforcement actions
Compliance and enforcement is a cornerstone of the implementation of the laws and policies administered by government departments and authorities. Effective compliance and enforcement is important to promote voluntary compliance and deter and penalise non-compliance. Compliance and enforcement activities are particularly important where non-compliance can have serious impacts on third parties and the public interest, […]
ReadmoreThe future of litigation in Queensland – eDiscovery and eTrials
Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]
ReadmoreThe Model Litigant post the Hayne Royal Commission – walking a tightrope?
A great deal has already been written about the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission) and the scandals which emerged throughout. Commissioner Hayne’s ire (and that of the public and media) was felt by many, including the regulators, the Australian Securities and Investments Commission (ASIC) and […]
ReadmoreGovernment contracts and future discretions
People rightly expect freely negotiated contracts to be honoured. When a contract is with government, the expectation is not lessened. Indeed, it is accompanied by the reasonable expectation (if not the obligation) that the agreement will be administered fairly and according to law. The government’s failure to meet these expectations creates a form of sovereign […]
ReadmoreThe Importance of Sticking to the Letter of the Agreement
Contracting by Government can be a minefield, with the usual commercial considerations overlaid by expectations on Government to contract in good faith, be model litigants in the event of a dispute and achieve an outcome that meets it obligations to the public. In traversing that minefield, it can be tempting to only superficially deal with […]
ReadmoreThe duty of care of a public authority
A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]
ReadmoreHuman Rights Act passes Queensland Parliament
The Human Rights Act 2018, which will have far-reaching implications for public decision making in Queensland, passed Queensland Parliament on 27 February 2019. What will it mean for public entities on commencement? As noted in our Public Law Tracker in December 2018, the HRA will directly impact the design and interpretation of legislation and, at […]
ReadmoreEncryption access for government agencies
New Commonwealth laws, which can also be used by State police forces in some cases, allow law enforcement agencies greater potential access to encrypted information, highlighting both security and privacy considerations. As we come to rely more and more on technology, businesses and individuals need to be able to trust the security and privacy of […]
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