Disciplinary prosecutions arising out of criminal convictions and civil findings against professionals

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Stephen Warne

In disciplinary proceedings, prosecutors often wrongly assume that findings in prior decisions (usually criminal convictions) are both admissible and un-challengeable by the respondent.  Neither is true, however, at least where what is relied on by the prosecutor in the disciplinary case is something more than the fact of the conviction

When is a de facto relationship over?

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ABC Radio

A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person’s mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone?

Case note – Williams v Toyota Motor Corporation 2022 FCA 344

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noreply@blogger.com (Mike Terceiro)

Check out my video case note outlining the recent decision of Justice Lee of the Federal Court in Williams v Toyota Motor Corporation 2022 FCA 344 – a class action against Toyota concerning defective diesel exhaust after-treatment systems in Prado, Fortuner and HiLux ranges sold between October 2015 and April

Submission to Inquiry Into Matters Relating to Donor Conception Information

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Stephen Page

On 24 February 2022, the Legislative Assembly agreed that the Legal Affairs and Community Safety Committee inquire into and report on the rights of donor-conceived persons to access genetic information about their donors. This inquiry is a submission to the said matters.

Preview

Contrasting issues of retrospectivity

Some years ago,

Alphabet in the Soup: Google facing three multi-billion Euro abuse of dominance fines

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noreply@blogger.com (Mike Terceiro)

Check out my most recent video presentation in which I provide an overview of the European Commission’s three decisions in relation to Google’s alleged anticompetitive conduct – (1) the Comparison Shopping case, (2) the Android case and the (3) Adsense case.

Pretty proud of both my pun “Alphabet in the Soup”

Liquor Laws Overhaul To Revitalise Victoria’s Nightlife

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Victoria’s hospitality sector has been given a welcome boost, under new liquor reforms announced by the state government.

The new rules will mean bars, hotels, restaurants and cafes will now be able to serve alcohol until 1am without having to apply for a change to their licence (subject to any

Why gender diversity on the bench is important

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ABC Radio

In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making. 

Victoria’s Real Estate Industry Put Under Review

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Victoria’s real estate industry has been placed under greater scrutiny, after the state government announced a review of underquoting laws, off-the-plan sales and agent conduct.

The review comes amid heightened affordability concerns due to rapid rises in property prices. So the public is being encouraged to have their say on

3 Questions to Ask a Lawyer When Starting a Business

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After almost two years, Australia is reopening its international borders again to fully vaccinated travellers. The move will likely give a significant boost to our economy, thanks to the return of tourists, business travellers and migrants.

So if you’ve been considering starting a business, this could be your year to

Tribunal finds GST payable on subdivision of land

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In Ian Mark Collins & Mieneke Mianno Collins ATF The Collins Retirement Fund and Commissioner of Taxation (Taxation) [2022] AATA 628 (4 April 2022) the Tribunal determined that the applicant taxpayer was liable to pay GST on the subdivision of land into 11 lots and the sale of those lots.

Melbourne land prices soar to new record-high

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Metropolitan Melbourne’s land market ended 2021 on a strong footing, according to Oliver Hume Quarterly Market Insights.

The report found median lot prices in the city climbed by 6% over the December quarter and 11.3% over the year to hit a new record high of $355,000.

That strong performance was

This post was originally published on this site

noreply@blogger.com (Paul Miller)

What to do when your customer goes bust!

While it would be great if lodging a registration on the PPSR actually stopped your customer from going insolvent, that’s probably a little too much to expect from a $6 registration.  However, your registration will give you an important leg up in

Rent relief extended for commercial tenants

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The Victorian Government has extended the Commercial Tenancy Relief Scheme (CTRS) for two months until 15 March 2022.

CTRS is designed to support struggling retail and commercial tenants and encourage renegotiation of terms.

Alongside the extension come new regulations. While the 2022 regulations are broadly similar to the previous CTRS

Is it a good idea to use a template or precedent form of lease?

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noreply@blogger.com (William Stark)

The High Court decision in Gee Dee Nominees Pty Ltd v Ecosse Property Holdings Pty Ltd [2017] HCA 12; (1987) 261 CLR 544; 91 ALJR 486; 343 ALR 58 (29 March 2017) (Kiefel, Bell, Gageler and Gordon JJ with Nettle J dissenting) highlights the risks involved in poor drafting of

High Court rulings clarify contract worker status

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ABC Radio

The High Court has delivered two judgments that help clarify the legal distinction between the status of a contract worker and a employee, with potential long-term implications across Australian workplaces. Also in the program, a neighbourhood dispute that grew ‘out of all proportion’ ends in the New South Wales

Are Australia's political donation laws fit for purpose?

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ABC Radio

The Australian Electoral Commission has revealed that 10 donors account for a quarter of donations made to the country’s political parties in the 2020-21 financial year. According to the Commission, the source of one third of all political income remains undisclosed. What does the data reveal and what does

Inside Thomas Embling Hospital, a forensic health facility

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ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Inside Thomas Embling Hospital, a forensic health facility

This post was originally published on this site

ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

How itchy underpants created Australia's consumer laws

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ABC Radio

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930’s