Chief Justice Andrew Bell flags generative AI as a major challenge for justice system as Supreme Court of NSW celebrates bicentenary
The highest-ranking judge of Australia's oldest court has flagged generative AI as one of the biggest challenges facing the justice system. Chief Justice Andrew Bell addressed a ceremonial sitting on Friday to mark the Supreme Court of NSW's bicentenary, with an audience including the most senior judges from Australia, New Zealand and Singapore. In an interview with the ABC he reflected on the court's milestones of the last 200 years, its enduring values, cases that reflect societal change, and its future challenges (18 May 2024). Read more here.
NSW government offers public sector workers 10.5 per cent pay rise over three years
The Minns government is offering more than 400,000 public sector workers a three-year pay rise worth 10.5 per cent, well short of the demands some unions are making. The offer, to be announced on Monday, applies to workers whose industrial agreements are due for renewal, including nurses, allied health workers, firefighters, prison guards, community case workers and Service NSW employees (20 May 2024). Read more here.
Bicentenary of the Supreme Court of NSW
The Ceremonial Sitting to mark the bicentenary of the Supreme Court of New South Wales was held on Friday 17 May 2024 in the Banco Court. Speakers included the Chief Justice of NSW, the Attorney General of NSW, the President of the NSW Bar Association, the President of the Law Society of NSW and an Acknowledgement of Country by NSW (17 May 2024). View the livestream and speeches here. Read the extract from the Sydney Gazette, 20 May 1824 here.
New England Weeds Authority board suspended over financial concerns
The Minister for Local Government has today suspended the board of the New England Weeds Authority (NEWA) and appointed an interim administrator due to serious concerns about the financial position and governance of the organisation (17 May 2024). Read more here.
Natural Resources Access Regulator v Littore [2024] NSWLEC 53
ENVIRONMENTAL OFFENCES: whether summonses statute barred because evidence of the alleged offence first came to the attention of any relevant authorised officer more than three years prior to the date upon which the proceedings were commenced – legal principles – who was a relevant authorised officer – whether evidence that came to the attention of a person prior to the person being appointed as an authorised officer is relevant – whether mere suspicion or belief sufficient – prosecutions commenced within time.
Environmental Planning and Assessment Act 1979, ss 125, 127; National Parks and Wildlife Act 1974, s 190; Native Vegetation Act 2003, s 42; Protection of the Environment Operations Act 1997, ss 115, 216; Water Management Act 2000, ss 3, 91B, 60C, 85, 327, 336C, 338A, 339, 339B, 339C, 340, 340A, 364, 390, Ch 7.
Dwight v Merrimans Local Aboriginal Land Council [2024] FedCFamC2G 440
INDUSTRIAL LAW – multiple contraventions of Fair Work Act 2009 (Cth) – nature of employment relationship – characterisation of employment relationship – employee or tenant – whether applicant employee of respondent – right to control – right to subcontract or assign – where applicant and respondent entered into in a caretaker arrangement – contracts – contractual terms – contractual interpretation – where respondent in business as local Aboriginal land council – application allowed – applicant held to be part-time employee.
Australian Constitution s 51(xx); Fair Work Act 2009 (Cth) ss 13, 14, 15A, 45, 87, 90, 323, 536; Independent Contractors Act 2006 (Cth); Superannuation Guarantee (Administration) Act 1992 (Cth) s 12; Land Rights Act 1983 (NSW) s 51; Long Service Leave Act 1955 (NSW); Fair Work Ombudsman, Amusement, Events and Recreation Award 2010, MA000080, 1 January 2010; Fair Work Ombudsman, Amusement, Events and Recreation Award 2020 MA000080, 1 June 2020.
University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57
INDUSTRIAL LAW – university – right to intellectual freedom – appeal of remitter judgments – where primary judgment appealed to Full Court – where Full Court allowed appeal and remitted matters to primary judge for hearing and determination – alleged contravention of s 50 of the Fair Work Act 2009 (Cth) – whether open to appellant to raise issue of onus of proof where issue had not been substantively raised before primary judge, in the first appeal or on remittal – whether primary judge erred by proceeding on basis that appellant bore onus of proof – whether onus of proof discharged – whether primary judge gave adequate reasons – whether second respondent’s comments constituted exercises of intellectual freedom – whether second respondent committed “serious misconduct” by disobeying lawful directions in making the comments that were alleged exercises of intellectual freedom.
Fair Work Act 2009 (Cth) ss 50, 340, 539, 545, 570; University of Sydney Act 1989 (NSW)s 6.
Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2024] FCA 522
STATUTORY INTERPRETATION – price reduction of pharmaceutical items – application of the “12.5% average unadjusted price reduction test” prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – statutory implication of the use of “in respect of” and “in relation to”– relevance of extrinsic material as to intended meaning of statute – price reduction resulting from the calculation of relevant data collection periods – weighted average price disclosure – price disclosure cycles.
National Health Act 1953 (Cth); National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Act 2021 (Cth); National Health (Pharmaceutical Benefits) Regulations 2017 (Cth).
Rogers v Registrar General of NSW [2024] NSWSC 590
LAND LAW – adverse possession – possessory application over Torrens title land – intestacy – where no legal personal representative of deceased registered proprietor able to be found after extensive local and international inquiries – nearly fifty years adverse possession.
Imperial Act Adoption Act 1837 (NSW) ss 17, 34 (repealed); Limitation Act 1969 (NSW) s 6(1)(c);
Real Estate (Limitation of Actions) Act 1837 (NSW) (repealed); Real Property Act 1900 (NSW) s 45D(1); Wills Probate and Administration Act 1898 (NSW) s 49(1) (repealed).
Hrsto v Burwood Council [2024] NSWLEC 1261
JOINDER – application for joinder – statutory tests.
Environmental Planning and Assessment Act 1979, s 8.15; Land and Environment Court Act 1979, s 38; Uniform Civil Procedure Rules 2005, rr 6.24, 6.27.
Shoalhaven City Council v Easter Developments Pty Limited [2024] NSWLEC 49
ENVIRONMENT AND PLANNING – appeal against decision of Commissioner – development of bush fire prone land – Asset Protection Zone on development site and adjoining council land – compliance with APZ requirements in Planning for Bush Fire Protection (PBP) – performance criterion for provision of APZ on adjoining land in perpetuity – no acceptable or alternative solution proposed – misdirection as to PBP – asking wrong question and not asking right question – misdirection as to Council proposed conditions.
Conveyancing Act 1919 (NSW) s 88B; Environment Planning and Assessment Act 1979 (NSW) ss 4.15, 4.46 – 4.50, 8.14; Land and Environment Court Act 1979 (NSW) ss 39, 56A; Local Government Act 1995 (NSW); Rural Fires Act 1997 (NSW) ss 100A, 100B, Dictionary Rural Fires Regulation 2022 (NSW) cl 42, 45.
Commissioner of Police, NSW Police Force v Stephinson [2024] NSWCATAP 84
ADMINISTRATIVE LAW – firearms – whether reasons were adequate – whether Tribunal misconstrued the Firearms Act 1996 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW).
Government Bills
Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 – introduced LA 15 May 2024
Emergency Services Levy Amendment (Land Classification) Bill 2024 – introduced LC 9 May 2024
Emergency Services Levy Insurance Monitor Bill 2024 – introduced LC 9 May 2024
Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 – introduced LA 15 May 2024
Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 – introduced LC 14 May 2024
National Parks and Heritage Legislation Amendment Bill 2024 – introduced LA 15 May 2024
Ombudsman and Other Legislation Amendment Bill 2024 – introduced LC 9 May 2024, amended in LC 16 May 2024, passed LC 16 May 2024, introduced LA for concurrence 16 May 2024
Residential (Land Lease) Communities Amendment Bill 2024 – introduced LA 14 May 2024
Passed by both Houses
Property NSW Amendment Bill 2024 – introduced LA 20 March 2024, amended in LA 8 May 2024, passed LA 8 May 2024, introduced LC for concurrence 8 May 2024, passed by both Houses 14 May 2024
Local Government Amendment (Employment Arrangements) Bill 2024 – introduced LA 8 May 2024, passed LA 15 May 2024, introduced LC for concurrence 15 May 2024, passed by both Houses 16 May 2024
Local Government Amendment (De-amalgamations) Bill 2024 – introduced LA 6 February 2024, amended in LA 8 May 2024, passed LA 8 May 2024, introduced LC for concurrence 9 May 2024, passed by both Houses 9 May 2024
Jury Amendment Bill 2024 – introduced LC 19 October 2023, amended in LC 7 May 2024, passed LC 7 May 2024, introduced LA for concurrence 8 May 2024, passed by both Houses 15 May 2024
Health Practitioner Legislation Amendment Bill 2024 – introduced LA 19 March 2024, passed LA 7 May 2024, introduced LC for concurrence 7 May 2024, passed by both Houses 14 May 2024
Health Legislation Amendment (Miscellaneous) Bill 2024 – introduced LC 21 March 2024, amended in LC 7 May 2024, passed LC 7 May 2024, introduced LA for concurrence 7 May 2024, passed by both Houses 8 May 2024
Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 – introduced LA 7 May 2024, passed LA 14 May 2024, introduced LC for concurrence 15 May 2024, passed by both Houses 16 May 2024
Emergency Services Levy Amendment Bill 2024 – introduced LC 14 March 2024, passed LC 7 May 2024, introduced LA for concurrence 8 May 2024, passed by both Houses 15 May 2024
Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 – introduced LA 8 May 2024, passed LA 14 May 2024, introduced LC for concurrence 14 May 2024, passed by both Houses 14 May 2024
Non-Government Bills
Bail Amendment (Serious Personal Violence and Electronic Monitoring) Bill 2024 – introduced LA 9 May 2024
Companion Animals Amendment (Puppy Farms) Bill 2024 – introduced LC 15 May 2024
Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 – introduced LA 9 May 2024
Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 – introduced LA 16 May 2024
Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 – introduced LC 15 May 2024
Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 – introduced LC 8 May 2024
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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