Message from the Chair
Welcome to 2020 (Spring) edition of Chapter III. It has been a busy 2020 so far and many changes for the profession since our last publication. See all news below with changes to the relevant organisations with current arrangements with COVID-19. The Section Executive and the committees have worked tirelessly on your behalf, and on behalf of the profession. The high level of advocacy and submissions has continued, as has engagement with government and liaison with advisory groups. Read more.
John Emmerig
Chair
Federal Litigation and Dispute Resolution Section
COVID-19
See the latest news from the following organisations
Litigation Funding and the Regulation of the
Class Action Industry
On 29 July 2020, the Law Council of Australia appeared before the Parliamentary Joint Committee on Corporations and Financial Services as part of its Inquiry into Litigation Funding and the Regulation of the Class Action Industry. Read more.
End to Dual Regulation of Migration Lawyers
The passing of the Migration Amendment (Regulation of Migration Agents) Bill 2019 and Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 to remove the dual regulation of migration lawyers and reduce costs for consumers is a necessary and timely move, says the Law Council of Australia. Read more.
Client legal privilege, public interest immunity, privilege against exposure to penalty and penalty privilege and case notes
The following case notes have been provided by Stephen Tully, Barrister, Sixth Floor, St James' Hall Chambers.
Whittenbury v Vocation Limited 2020
Please read more.
Deputy Commission of Taxation v Shi 2020
Please read more.
Attorney-General for New South Wales v Melco Resorts & Entertainment Limited 2020
Please read more.
State of New South Wales v Monteiro (aka Lowe) (No 2) 2020
Please read more.
Gardiner v Attorney-General 2020
Please read more.
DPP v Westbrook (a pseudonym) (Ruling 1) 2020
Please read more.
Federal Court Case Management Handbook
The Federal Court Case Management Handbook is a handy reference tool for practitioners. It is available here.
Law Council Update - Information for the legal profession about the COVID-19 outbreak
The Law Council has put together a webpage with helpful links for the legal profession. Read more.
To join the Section and renew your membership click here.
Newsletter contributions:
Please send to the Editor, Ian Bloemendal at ibloemendal@claytonutz.com.
Selection of Judicial speeches and other publications
Selection of Judicial speeches and other publications April - August 2020:
10 June 2020 - Justice Perry: "Statements of Reasons: Issues of Legality and Best Practice" delivered via Microsoft Teams at the Administrative Appeals Tribunal. Read more.
26 August 2020 - Justice Rares: "Providing Justice in a Viral World: Where to From Here?" as part of the Australasian Institute of Judicial Administration online conference series. Read more.
27 August 2020 - Justice Keane AC: “Too Much Information: Civilisation and the Problems of Privacy”, Whincop Memorial Lecture 2020, Brisbane. Read more.
Australian Law Reform Commission News
Report on Corporate Criminal Responsibility
The ALRC Report on Corporate Criminal Responsibility was tabled in parliament on 31 August 2020. The Report reviews Australia's corporate criminal responsibility legislative framework, including Part 2.5 of the Criminal Code 1995 (Cth). Read more.
Review of Judicial Impartiality
The ALRC has been asked to undertake a review of the laws relating to impartiality and bias as they apply to the federal judiciary. Read review of Judicial Impartiality.
These laws are important to ensure that justice is both done and seen to be done in Commonwealth courts and tribunals.
The Terms of Reference direct the ALRC to consider in particular:
- whether the law about actual or apprehended bias relating to judicial decision-making is appropriate and sufficient to maintain public confidence in the administration of justice;
- whether the law provides enough clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality; and
- whether current mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, are sufficient and appropriate (including in relation to review and appeal mechanisms).
The Inquiry will consider whether, and if so what, reforms to the laws on judicial impartiality and bias may be necessary or desirable.
Submissions from interested parties are due by 30 June 2021 and the ALRC is expected to provide its report to the Attorney-General by 30 September 2021.
Review of the Legislative Framework for Corporations and Financial Services Regulation
The ALRC has been asked to inquire into the potential simplification of laws that regulate financial services in Australia.
The Terms of Reference ask the ARLC to consider whether, and if so what, changes to the Corporations Act 2001 and the Corporations Regulations 2001 could be made to simplify and rationalise the law, in particular in relation to [certain specified] matters.
According to the Attorney-General, this inquiry "follows the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which amongst other conclusions found that the law was too complex and made recommendations about the need to simplify the law so that its intent can be met".
A first interim report focusing on the appropriate use of definitions in corporations and financial services legislation is due by 30 November 2021.
A second interim report focusing on regulatory design and the hierarchy of primary law provisions, regulations, class orders, and standards, is due by 30 September 2022.
A third interim report focusing on potential reframing or restructuring of Chapter 7 of the Corporations Act is due by 25 August 2023.
A consolidated final report is due by 30 November 2023.
Administrative Appeals Tribunal News
From the first week of August, in all registries except Melbourne, the AAT has gradually resumed holding a limited number of hearings in-person. Read more.
AAT Practice Directions
The President of the AAT has issued a practice direction to the Immigration Assessment Authority regarding submissions, electronic communication, documents and interviews. Read more.
The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions.
The current and past Bulletins can be accessed here.
Fair Work Commission
The Fair Work Commission issued its updated Benchbook - Jobkeeper disputes (Coronavirus economic response) on 24 July 2020. Read more.
Fair Work Commission Quarterly Practitioner Update
On 31 July 2020, the FWC made available the Winter 2020 - Quarterly Practitioner Update, which is designed to help workplace relations practitioners stay up to date with key decisions of the FWC, and to provide information about new or updated FWC forms, processes, resources and events. Read more.
High Court of Australia Update
The High Court (2021 Sittings) have been published. A calendar is available here.
The remaining sittings for 2020 are:
- 2 November to 12 November- Canberra sittings
- 13 November - Special leave
- 30 November to 10 December - Canberra sittings
- 11 December - Special leave
Federal Court of Australia Update
The Federal Court of Australia has updated its website to include 2021 sitting dates. See here for Full Court & Appellate Sitting Dates.
Federal Circuit Court Update
New Registrar appointments to the Family Court and Federal Circuit Court
In August 2020, the Family Court of Australia and Federal Circuit Court announced the appointment of seven Registrars. The Registrar appointments are as follows:
Victoria - Maria Kourtis and Cara Litterick
Queensland - Gerardine Hibberd, Myles Walker and Samuel Gray
New South Wales - Lynda Maitland and Sandra Soden
Hot Topics in Commonwealth Compensation
The Federal Litigation and Dispute Resolution Section will host another exciting 'Hot Topics' seminar in Sydney and/or by webinar. The seminar will be chaired by the Hon. Justice David Thomas, President of the Administrative Appeals Tribunal.
Date: Friday, 4 December 2020
Time: 8.30am - 1.00pm
Venue: Zoom Webinar
Contact:
Travis Kotzur
Section Administrator
T: 02 6246 3722
E: travis.kotzur@lawcouncil.asn.au
July 2020, the Constitutional Law Committee, made a submission in relation on the exemption of delegated legislation from parliamentary oversight.
July 2020, the Military Justice Committee, made a submission on the Australian Security Intelligence Organisation Amendment Bill 2020.
July 2020, the Migration Law Committee, made a supplementary submission in relation to the questions on notice on the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020.
July 2020, the Migration Law Committee, made a submission in relation on creating a world class migration advice industry.
August 2020, the Migration Law Committee, made a submission in relation to the inquiry into family, domestic and sexual violence.
August 2020, the Class Actions Committee, made a supplementary submission in relation to responses to questions on notice on the Inquiry into Litigation Funding and the regulation of the class action industry.
September 2020, the Federal Court Liaison & Federal Circuit Court Liaison Committees, made a submission in relation to the changes to the quantum of costs allowable to legal practitioners under each court’s scale of costs.
September 2020, the Military Justice Committee, made a submission in relation to the Royal Commission into National Natural Disaster Arrangements.
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