This blog post details the legal structure that underpins the COVIDSafe app (colloquially the COVID tracking app) released for Apple App Store and Google Play Store by the Australian Government Department of Health on Sunday 26 April 2020. Read more
Regulatory
Privilege against self-incrimination for companies and their directors
Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more
Submissions on civil penalties: Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46
The High Court in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate held that regulators and respondents in civil penalty proceedings can agree a penalty, and that provided the Court is satisfied as to the appropriateness of the agreed penalty, it may impose it. The High Court expressly distinguished Barbaro v The Queen, which was concerned with criminal sentencing. Read more
Federal sentencing: The Queen v Pham
Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham [2015] HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.
The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence. Read more
Foreign investment in Australian property
On 2 May 2015 the federal Treasurer, the Hon Joe Hockey MP, announced a reduced penalty period (running from 2 May to 30 November 2015) in which people who have purchased Australian real estate without the necessary approval (or contrary to the conditions on an approval) under the Foreign Acquisitions and Takeovers Act 1975 (Cth) can come forward and voluntarily disclose. The government is also aiming to amend the Foreign Acquisitions and Takeovers Act 1975 to increase criminal penalties and add civil penalties. Read more
FATF report pending: Scrutiny of AUSTRAC’s effectiveness
Australia has recently undergone a Financial Action Task Force (FATF) evaluation. A recent Radio National program considers AUSTRAC’s emphasis on education rather than regulation and enforcement and analyses its effectiveness. Read more
Injunction applications
Practical steps for injunction applications: Tips for preparing and structuring an injunction application to maximise efficiency and likelihood of success plus tips to minimise risk in the long term. Read more
High Court in Lee v The Queen restricts access to compulsory examination material
The High Court in Lee v The Queen has quashed convictions on the basis that compulsory confiscations examination transcripts were improperly shared with prosecutors. The Court unanimously held there had been a miscarriage of justice and has ordered a retrial. Read more
Use of compulsory examination material – High Court decision in Lee v R pending
The NSW Crime Commission disclosed transcript of Mr Lee’s compulsory examination to the Police and the Crown Prosecutor in his criminal trial. Mr Lee was convicted. The New South Wales Court of Criminal Appeal dismissed his appeal against conviction. He appealed to the High Court and it is that decision which is now to be handed down on 21 May 2014. Read more