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On 24 April 2020 Victoria passed legislation temporarily amending the Residential Tenancies Act 1997 in response to the COVID-19 pandemic. The COVID-19 Omnibus (Emergency Measures) Act 2020 will be in force for six months. Among other things, it seeks to protect tenants and landlords who are unable to perform their obligations due to a COVID-19…

The ASIO Powers Amendment Bill is currently before the House of Representatives. It is a bill, introduced by the Minister for Home Affairs, to amend the legislation governing the powers of arrest, questioning, search and seizure exercised by ASIO. Among others things, the bill proposes empowering ASIO to issue arrest warrants orally, to detain and…

On 30th March 2020, the Victorian government put in place strict emergency restrictions in an attempt to limit the spread of the Coronavirus. On 12 May 2020, these restrictions were relaxed in Stage One of a three-step plan to reopen Australia announced by the Prime Minister last week. A lot of emergency restrictions remain in…

On 29 January 2020 the Health Minister declared a public health emergency in respect of the whole of the state of Queensland. Queensland passed a number of public health directions that imposed strict restrictions on the freedoms of individuals, including limiting the size of public gatherings and the reasons people could go out in public. Starting…

From 15 May 2020, the COVID-19 restrictions in New South Wales will be relaxed. The restrictions have been in place since March and were imposed under orders by the Health Minister under the New South Wales Public Health Act 2010. The changes are the first stage in a three-sep plan for reopening Australia announced by the Prime…

On 24 April 2020, the Queensland government passed the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation. The Regulation makes temporary changes to the Queensland Residential Tenancies Act to make allowances for tenants suffering excessive hardship because of COVID-19 and will remain in force until 31 December 2020. It was made under the power…

The COVID-19 pandemic has prompted the federal government to introduce stringent restrictions on travel into and out of the country. These restrictions are the strictest ever put in place by Australia. Many other countries around the world have also halted international travel despite the World Health Organisation’s advice that such measures are ineffective in slowing…

The family courts have recently announced the introduction of a COVID-19 List to deal with urgent parenting issues that have resulted directly from the Coronavirus crisis. The COVID-19 List has been introduced in response to the large number of urgent parenting applications filed during March and April this year, which amounted to a 39% increase…

On 23 March 2020 it was announced that federal Parliament would not sit again until 11 August 2020 due to the spread of the Coronavirus. The Parliamentary sittings of May and June were cancelled and the budget was postponed until October. The move was opposed by Labor and the Greens, who expressed concerns that legislation…

On 7 April 2020, the national cabinet announced a Mandatory Code of Conduct that would apply to commercial leases where the tenant is a small or medium-sized business which has been financially impacted by the COVID-19 pandemic. The Code imposes good faith leasing principles that are set to reshape relations between landlords and commercial tenants…

Many people who are residential tenants in New South Wales have been financially disadvantaged by COVID-19. This may be because of reduced work hours, because of business closures or because of being unable to work due to illness. In recognition of the exceptional circumstances facing renters at the moment, the state government has introduced temporary…

Each Australian state and territory has made different changes to its court processes due to the COVID-19 crisis. While some jurisdictions have adjourned all but the most urgent court matters, others are continuing to operate their courts but doing so in a way that incorporates social distancing requirements set out by health departments. This article…

The commercial landscape that we once knew has been in turmoil since the outbreak of COVID-19. Federal and State Governments have been forced to take immediate action to curb the spread of this virus. These actions have had negative commercial and economic implications for Australian and Global businesses. Restrictions are being imposed on non-essential businesses…

On 7 April 2020 the High Court granted former Cardinal George Pell leave to appeal against the decision of the Victorian Court of Appeal to uphold the jury’s findings of guilt against the Cardinal in December 2018. After hearing his appeal, the High Court found that the jury ought to have entertained reasonable doubt as…

During the COVID-19 pandemic, both the Federal and the Victorian governments have been implementing ever-changing rules. On 2 April 2020 the Stay at Home directives came into force. They were in force until the 11th May 2020. Please note the restrictions outlined below are no longer in force.  What is an ‘ordinary residence’? There are currently…

Since the outbreak of COVID-19, parents who have a co-parenting agreement or parenting orders have found themselves in uncharted territory. The courts have been operating differently due to the pandemic and are only hearing urgent family law proceedings and are doing so via audio-visual conferencing. As a result, parents are often left contemplating the safety…

The Public Health and Wellbeing Act 2008 (the PHW Act) was enacted with the purpose of promoting and protecting public health in Victoria. It contains provisions that allow the State Government, and its Chief Health Officer, to make directions in response to public health concerns of national and international importance. The PHW Act confers wide-ranging…

In January 2017, a Melbourne man drove his car through the busy Bourke Street mall, killing six people and injuring many more. After it came to light that the man had been on bail in relation to other offences at the time the tragedies occurred, Victoria’s bail laws were reformed to prioritise the protection of…

As businesses shut down or reduce their operations due to the spread of COVID-19, parties to commercial contracts may be seeking to resile from their contractual obligations. One way a party to a commercial contract may be excused from performing all or some of its obligations is through reliance on a force majeure clause. This…

On 30 March 2020, New South Wales introduced restrictions on public gatherings in response to the COVID-19 pandemic. The restrictions were introduced as an order by the Health Minister under the Public Health Act. They limit the circumstances in which a person may leave the house, the number of people who can gather in public…