Australia

On 14 February 2019, the Industrial Chemical Charges Bill 2017 passed the Senate. The bill will limit the circumstances in which cosmetics that have been tested on animals can be placed on the Australian market. Australia has been slow to legislate against the use of cosmetic animal testing. The UK passed legislation in 1998 and…

On 3 December 2018 Dr Kerryn Phelps MP introduced the Migration Amendment ( Urgent Medical Treatment ) Bill to parliament. The legislation, if passed, will require the temporary transfer of asylum seekers on Manus Island and Nauru to Australia if they are assessed by two or more doctors as needing medical treatment. The legislation will…

On 26 January, Australia will celebrate Australia Day. The date on which Australia Day is celebrated has been the subject of increasing controversy, with many people feeling that the chosen date is offensive to Aboriginal people and divides, rather than unifies, the community. 26 January has been a national public holiday since 1994. What happened…

A person entering Australia is allowed to bring a three-month supply of prescription drugs with them if they have the prescription with them. In any other circumstance, drug importation is illegal unless you have received government permission. Drug importation is a commonwealth crime governed by the Commonwealth Criminal Code 1995. Serious drug smuggling operations usually…

There are several offences under the Migration Act which relate to people smuggling. These offences consist of bringing people who are not Australian citizens and do not have visas to travel to Australia, into the country. People smuggling offences often involve dangerous sea journeys to Australia. The people smuggling offences under the Migration Act apply…

The Minister for Home Affairs Peter Dutton has come under fire after it has come to light that 27-year-old Neil Prakash, who was stripped of his Australian citizenship last month, does not, in fact, have Fijian citizenship. Contrary to the Minister’s assertion that Prakash is a dual national, the Fijian government has today denied that…

Client legal privilege is a common law right that allows people to obtain confidential legal advice. It protects legal advice given to a client (advice privilege) and communications relating to potential litigation (litigation privilege). Legal professional privilege belongs to the client, not to the lawyer. A lawyer may only disclose privileged information if clearly instructed…

Treason is historically ‘the most heinous of all crimes’ and has its origin in the earliest English statutory laws. Whilst in the past treason was punishable by death, the modern treason offences in Australia carry a penalty of mandatory life imprisonment. Successful prosecutions for treason offences in recent years have been rare and recent amendments…

The National Transport Commission (NTC) is currently reviewing how the Australian Road Rules deal with driver distraction. The current rules relating to driver distraction were developed in 1999 when mobile phones were mainly used for calls and text messages and in-vehicle technology was limited to television screens. The review will consider the variety of ways…

As more and more information is stored digitally, a number of cases have come before the courts where a party has argued that a digital document has a testamentary intention and should be treated as a digital will. Traditionally, a will is required to have been executed in accordance with the formalities provided for in…

A submission that there is ‘no case to answer’ by the defendant can be made in a contested criminal matter after the close of the prosecution case. A no case submission is made when the defence considers that the prosecution case does not support a finding of guilt and that the court should dismiss the…

The Modern Slavery Act will take effect on the 1st January 2019. The  Assistant Minister for Home Affairs introduced the Bill to Parliament, saying that Australia’s legislative framework does not target modern slavery, a problem affecting thousands of people in Australia. The Modern Slavery Act will address modern slavery risks in the Australian business community…

In accordance with the Family Court’s pre-action procedures and the Family Law Rules 2004, all parties to a family law dispute are required to make full and frank disclosure of information and documentation relevant to the matter. The duty to disclose in family law applies in both parenting matters and financial disputes. The duty to…

Christmas comes loaded with emotion. The kids love the thought of Santa and gifts, unwrapping presents, food and staying up late. The parents love the kids loving Santa and gifts, unwrapping presents, and catching up with friends and family and food and drink and too much of all of those, and even when Aunty Maria…

In Australia, there are three types of criminal offences and these are mens rea offences, absolute liability offences and strict liability offences. The defence of honest and reasonable mistake of fact is a legal defence to any strict liability offence. In order to examine the defence of honest and reasonable mistake, we must first look…

When thinking about how a personal injury payout should be treated in a property settlement, courts apply the principles of family law while simultaneously taking into account the principles relevant to personal injury law. Section 79 of the Family Law Act gives the court the power to make orders altering the interest of the parties…