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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…

Due to the COVID-19 crisis, courts in many locations are changing the way they operate and are keeping personal appearances to a minimum. New South Wales courts have adopted the practice of holding all court appearance by phone or video conference, except where there are exceptional circumstances. This article will outline the changes brought to…

Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. However, due to the Coronavirus court appearances by phone and video are to become the new normal, with appearances in person limited to urgent matters. This article outlines how Queensland…

In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on the basis of religion, but…

A local government body in Western Australia is planning to ban the practice of wheel clamping within its boundaries. The City of Stirling recently voted unanimously to draft the Immobilisation and Detention of Vehicles Local Law 2019. The bill would ban wheel clamping in most circumstances and regulate the detention of vehicles including on private…

In recent months, the Department of Home Affairs (DOHA) has been increasing the range and scope of migration options for prospective skilled visa applicants who are willing to live and work in regional Australia. On 26 October 2019, Prime Minister Scott Morrison announced that the government would be stepping up its commitment to regional Australia…

Concerns are being raised about the legality and appropriateness of strip searches carried out on minors by New South Wales police. The issue has come to light after Redfern Legal Centre obtained data on strip searches conducted in the last three years, revealing that there were 122 strip searches of underage girls, including two 12-year-olds…

A report released on 11 October 2019 by the United Nations Special Rapporteur on extreme poverty and human rights has warned of the dangers of the digital welfare state. Digital welfare states are states, like Australia, that allow their social security system to be administered and automated by computer technologies without the involvement of caseworkers…

In recent years, Australia’s laws restricting what journalists can report and what information Commonwealth employees can disclose have got tighter and tighter. Human rights lawyers and activists have often raised the alarm that we are creeping closer to becoming a police state, with liberties such as freedom of the press under threat. But exactly what…

‘Palaszczuk go to hell, take your protest laws as well.’ That was the chant heard at last Friday’s Extinction Rebellion blockade of the William Jolly Bridge in Brisbane. The protest laws in question concern the use of dangerous attachment devices by protesters and are contained in the Summary Offences and Other Legislation Amendment Bill 2019.…

The ACT Parliament yesterday passed legislation that will make possession of cannabis legal, provided it is a small amount for personal use. The laws will come into effect on 31 January 2020. The change makes the ACT the first Australian jurisdiction to legalise personal use of cannabis, following 11 US states and numerous countries including…

In August it was revealed that the Queensland government had granted exclusive possession of tracts of land in the Galilee Basin to Indian mining company Adani. The decision had the effect of extinguishing the native title rights of the Wangan and Jagalingo people, who may now be forcibly expelled from their traditional lands. An Indigenous…

Prime Minister Scott Morrison last week announced that the government will convene a Joint Parliamentary Committee of both the House and Senate to conduct an enquiry into the family law system. The family law system has already been subject to two extensive reviews in the last two years. The Terms of Reference that have been…

Whilst Australia has legislation prohibiting discrimination on the basis of sex, age, race and disability, it does not currently have anti-discrimination laws protecting religious freedom. In recent weeks, liberal MPs have been calling for a Religious Discrimination Act to be passed, following the same model as existing anti-discrimination legislation, which forbids discrimination in employment and…

There is a long history of Australian states and territories criminalising public drunkenness. In various forms, laws have existed making it an offence to be intoxicated in public for the last 200 years. The laws have long been criticised for being unevenly enforced, with a disproportionate number of Aboriginal people being arrested for behaviour that…

The Brisbane Lord Mayor Adrian Schrinner reportedly today approached Premier Annastacia Palaszczuk about changing Queensland’s laws relating to public assemblies such as political protests. The move comes after climate change protests organised by international activist network Extinction Rebellion caused chaos in the city last month. It also follows another announcement last week that police would…

On 21 August 2019, the Victorian Supreme Court handed down its decision in Cardinal George Pell’s appeal against findings of guilt for child sex offences that occurred in Melbourne in the 1990s. The court dismissed Pell’s appeal by a majority of two to one, with Justice Weinberg dissenting. Pell will continue to serve his sentence…

Hundreds of people yesterday protested outside the Sydney office of Home Affairs against the continuing use of Temporary Protection Visas for people found to be genuine refugees. Temporary Protection Visas, which have been used since the 1990s, have long been criticised for the uncertainty they bring to refugees who have been through trauma and want…

On 9 August 2019, the New South Wales Supreme Court sentenced Mustafa Dirani to imprisonment for 28 years with a non-parole period of 21 years for conspiracy to do acts in preparation for a terrorist act. Dirani had been found guilty after a trial by jury. The conspiracy in which Durani had been involved ended…