Civil proceedings are commenced in Australian Courts by way of the filing and service of an originating process, typically being either a Statement of Claim or Summons. Once served with a Statement of Claim or Summons, a defendant’s solicitor will usually file an Appearance. An Appearance should be filed within 28 days of the Statement …
Continue reading “Challenging the jurisdiction of Australian Courts”
How is evidence from a cooperating witness obtained in Australia? Evidence should be taken in a manner that is consistent with the procedural and evidentiary rules of both the local jurisdiction and the Australian jurisdiction for which the evidence is required. Can evidence be given by video or audio link? Evidence can be taken by …
Continue reading “Obtaining evidence for use in foreign proceedings”
The circumstances in which an Australian judgment will be enforceable in an overseas jurisdiction will vary depending on the laws of the local country. Where Australia has a reciprocal arrangement with the local country, then enforcement of the Australian judgment will be more straightforward. Generally, for an Australian judgment to be enforced overseas it must: …
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Judgment criteria The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010 (Cth). The types of New Zealand judgments that can be enforced in Australia are broad and include the following: (a) money judgments;(b) non-money judgments;(c) judgments in criminal proceedings that involve …
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There are two ways of enforcing foreign judgments in Australia: under a statutory scheme and under common law principles. The statutory regime is more straight-forward and cost effective. Countries to which the statutory scheme applies The Foreign Judgments Act 1991 (Cth) provides a statutory scheme for the recognition and enforcement of foreign judgments in Australia. …
In this edition of our FIRB Reforms Article Series we consider how the Commonwealth Government’s proposed changes to the foreign investment rules, as set out in the discussion paper released on 5 June 2020 (Discussion Paper) and the draft legislative amendments released on 31 July 2020 impacts Australia’s foreign investment framework in respect of the …
Continue reading “FIRB Reforms Article Series – Part 5: Mining and resources”
WHO SHOULD READ THIS All engineers and engineering firms, and the owners, principals and contractors who engage engineers for their projects in the building and construction industry in New South Wales. WHAT YOU NEED TO KNOW From 1 July 2021, only registered professional engineers (or those under the direct supervision of a registered professional engineer) …
In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation. On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. Importantly, the …
The devil’s in the data: How FIRB’s proposed national security test may impact on businesses dealing with ‘sensitive data’ In this next edition of our FIRB Reforms Article Series, we drill down deeper on the Commonwealth Government’s proposal to include sensitive data as a key consideration in their expanded focus on sensitive national security businesses. …
Continue reading “FIRB Reforms Article Series – Part 4: Data”
[vc_row][vc_column][vc_column_text] We are pleased to bring you the July 2020 edition of Emerging Issues for the Technology, Media and Telecommunications (TMT) sector. In this Emerging Issue, we take an in-depth look at: the implications of the recent Data Protection Commission v Facebook Ireland Limited (C-311/18) decision and what it means for Australian businesses sharing data …
The Australian Competition and Consumer Commission (ACCC) launched proceedings in the Federal Court of Australia against Google for misleading Australian consumers about its privacy collection practices. The ACCC alleges Google misled consumers when it failed to properly inform consumers, and failed to gain explicit informed consent, about its decision to combine personal information in consumers’ …
Continue reading “ACCC commences proceedings against Google – consent in the spotlight”
Most people will have heard of a ‘bull market’ or a ‘bear market’, but United States (US) business news provider CNBC added a new animal to the financial zoo earlier this year by describing the current US stock market as a ‘kangaroo market’ (due, presumably, to its bouncing up and down without any specific trend). …
Just over one year after the Australian Competition and Consumer Commission (ACCC) released its Digital Platform Inquiry – final report[1] (DPI), Australia’s media regulatory landscape is finally set for a shake up, with reforms to address largely unregulated online media platforms anticipated for late 2020. Draft mandatory code of conduct due July 2020 – news …
On 15 July, Twitter announced that it had suffered a data security breach, which allowed the accounts of various world leaders and prominent individuals to be compromised. As part of its response to the breach, it shut down all ‘blue tick’ verified accounts for about an hour, which naturally triggered worldwide attention to the issue. …
The era of the digital clinical trial may already be upon us thanks to the impacts of COVID-19. While conceptualisations of the ‘digital patient’ and technology-integrated clinical trials were somewhat futuristic even in 2019, with COVID-19 grinding clinical trials to a halt in 2020, the life sciences industry may be forced to pivot into this …
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Australia’s defamation law space is one to watch In the latter half of 2020: Despite this traction, Australia is still only on the precipice of a defamation law ‘digital makeover’. Until seminal cases have exhausted their appeals, and reforms are introduced and tested, uncertainty lingers about who is liable for what kind of defamatory statements …
With many of us working from home, we are increasingly relying on technology, including social media, to keep us connected. It is easy to forget that the increased use of social media (and the publication it relies on) exposes us to a greater risk of defamation claims (and potentially increases the damages flowing from those …
Continue reading “Defamation: The Social Media, Social-distancing Edition”
Australia, like everyone else, has experienced a seismic shock to its financial system and economy arising out of the Black Swan of COVID-19. And this time it is different, for an Australia which did not suffer in the same way as many other advanced economies arising out of the Great Recession. Then, it benefited from the …
Continue reading “Are loan books next on the block for Australia?”
In late 2013, significant reforms to the licensing regime in Queensland were introduced, including an amendment to permit unlicensed head contractors to subcontract building work to licensed subcontractors and thereby be exempt from the consequences and penalties associated with undertaking to carry out, and carrying out, unlicensed building works in Queensland. However, proposed amendments to …
Continue reading “Unlicensed parties beware – Head contractor exemption to be removed from QBCC Act”
The long awaited next suite of amendments to the Local Government Act 2009 (Qld) (LGA), originally promised before the 2020 Local Government Quadrennial Elections, was assented to on 30 June 2020. The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld) (Amending Act). In the local government sphere, the Amending Act …
Continue reading “New changes for councillor conflict of interest disclosures and obligations”
On 19 May 2020, the Court of Appeal delivered judgment in BWP Management Limited & Anor v Ipswich City Council [2020] QCA 104. The case, which had already been through the Land Court and the Land Court of Appeal, was simple in its premise – for the purpose of the levying of Council differential rates, …
Continue reading “Bunnings found to be a shop not a shopping centre”
In our inaugural edition of The Local Law, we highlighted the Queensland District Court decision of Tait v Goondiwindi Regional Council [2019] QDC 208 (see here). In that decision, Goondiwindi Regional Council (Council) was found liable in negligence for failing to properly secure warning signs on rain-affected parts of the Leichhardt Highway (Highway), which caused …
In the December 2019 issue of The Local Law we outlined the position in regards to reliance upon electronic execution of documents. Since that time, the COVID-19 pandemic has introduced novel challenges in this area and the pre-COVID-19 legislation simply did not envisage the issues that parties may have in receiving, signing and exchanging hardcopy …
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COVID-19 has presented new and unique challenges across both the private and public sector. For local governments, the shift of workforces into their homes and consequential repopulation of suburbs during working weeks, as well the shut down or pivoting of local economies, presents the opportunity for local governments to revisit how data sets can be …
Earlier this year, urgent amendments were made to the Planning Act 2016 (Qld) (the Act) to allow the Minister to extend or suspend periods under the Act because of the impact of COVID-19. On 8 July 2020, the Treasurer (also being the Minister administering the Act), first exercised this power, by issuing an Extension Notice …
Introduction – The challenge of extra-territoriality for non-EU businesses and GDPR Since the introduction of the General Data Protection Regulation (GDPR) in 2018, Australian businesses, like other non-EU domiciled businesses around the world, have grappled with the extra-territorial operation of the GDPR, particularly in the absence of a body of clear judicial interpretation on the …
This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an ‘Associated Water Licence’ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
Continue reading “The modern minefield – water approvals for mining projects”
In a recent Australian court decision, a judgment made by a Chinese court has been recognised and enforced in Australia. This decision, combined with two other Australian court decisions recognising Chinese judgments, could open doors for those holding Australian judgments to seek to enforce their judgment against judgment debtors in mainland China. We recently published …
WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO On 3 July 2020, the Queensland Government finally confirmed the exemption framework for ex gratia relief from surcharge land tax. As expected, the exemption will be available where a foreign trust or company is found to make a significant contribution to …
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Overnight, the Court of Justice of the European Union (CJEU) released its judgment in Facebook Ireland v Schrems (C-311/18). The case, the judgment of which will have significant implications for exporting data from the EU, was concerned with the legality of the transfer of an EU citizen’s personal data by Facebook Ireland to its United …
Continue reading “Schrems II and its implications for data export from the EU”
