Express law

Please note that our express law publications may not follow sequential order due to the archiving of superseded versions.

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Issue Details
307 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 (13 April 2022)
306

Australia’s autonomous sanctions regime

305 Federal Court rejects Facebook appeal, finds that Privacy Act may apply to companies with no physical presence in Australia
304 Tribunal decision finds ‘as required by law’ clause in contract does not displace operation of breach of confidence exemption in FOI Act
303 Federal Court confirms that Harman obligation does not constrain the use of subpoenaed documents in the exercise of statutory powers and duties
302 Fair Work Commission Full Bench finds vaccine mandate policy unreasonable due to failure to effectively consult
301 Land Acquisition Framework published by Department of Finance
299 The Voller High Court defamation decision – some implications
297 WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021)
296 ACCC v Telstra [2021] FCA 502 (13 May 2021)

295

ACCC v Quantum Housing Group Pty Ltd [2021] FCAFC 40 (25 March 2021)

294

CUB Australia Holding v COT (16 February 2021)
293

Data Availability and Transparency Bill 2020 (22 December 2020)

292

Foreign investment reforms: passing of Act introduces new national security test (14 December 2020)

291

Chief Executive Officer, Services Australia and Justin Warren [2020] AATA 4557 (26 November 2020)

290

Plaintiff M83A/2019 v Morrison (No 2) [2020] FCA 1198 (24 August 2020)

289

Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Known as the Australian Manufacturing Workers Union (AMWU); Minister for Jobs and Industrial Relations v AMWU [2020] HCA 29 (14 August 2020)

288

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v Qantas Airways Limited [2020] FCA 656 (18 May 2020)

287

Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16 (28 April 2020)

286

Director of Public Prosecutions (Cth) v Kinghorn; Kinghorn v Director of Public Prosecutions (Cth) [2020] NSWCCA 48 (20 April 2020)

285

Aboriginal Australians are not within the reach of the ‘aliens’ power conferred by s 51(xix) of the Constitution: Love v Commonwealth; Thoms v Commonwealth [2020] HCA (17 February 2020)

284

ASIC v Helou [2019] FCA 1634 (20 January 2020)

283

HT v R [2019] HCA 40: High Court finds 'secret' evidence a step too far

282

Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181

281

'Proportionality' in civil penalty cases – important developments (16 October 2019) PDF 129Kb

280

High Court confirms legal professional privilege a 'shield' not a 'sword' (14 August 2019)

279

Comcare v Banerji [2019] HCA 23 (8 August 2019)

278

Commonwealth of Australia not liable for economic loss arising from its administration of the Home Insulation Program PDF 41Kb

277

Keyzer v La Trobe University [2019] FCA 646 (24 May 2019) PDF 38Kb

275

Federal Court holds dismissal of an ill employee breached the Fair Work Act 2009 (7 December 2018) PDF 44Kb

274

AIT18 v Australian Information Commissioner [2018] FCAFC 192 (30 November 2018) PDF 260Kb

273

The Government Procurement (Judicial Review) Act 2018 (Cth) (19 October 2018) PDF 47 Kb

272

John Nemcic v Australian Electoral Commission [2018] FWC 5645 (19 October 2018) PDF 38 Kb

271

Update: special leave refused in relation to penalty privilege (27 September 2018) PDF 35 Kb

270

High Court confirms that State tribunals cannot exercise judicial power in federal matters (15 May 2018) PDF 181 Kb

268

Full Federal Court finds the Harman obligation does not constrain statutory power (11 April 2018) PDF 38 Kb

267

Tribunal rules on FOI access to text messages (28 March 2018) PDF 127Kb

265

Penalty privilege is not available in a federal administrative context unless it is applied by statute: apparent tension in High Court authority resolved (15 February 2018) PDF 189Kb

264

High Court finds Federal Court has power to make a personal payment order against a contravening union official under the Fair Work Act 2009 (14 February 2018) PDF 115Kb

263

Commonwealth Government Business Enterprises – Governance and Oversight Guidelines (10 January 2018)

261

Full Federal Court clarifies when a psychological condition is an 'injury' or 'disease' under the SRC Act and how decisions ceasing entitlement to workers compensation can be approached (8 September 2017)

259

Whitebox proceeding has potential significance for Commonwealth civil regulators (22 June 2017)

258

The High Court considers 'market' for the purposes of the Competition and Consumer Act 2010 and when it is 'in Australia'. (21 June 2017) PDF 226Kb

256

A current issue arising in ASIC v Whitebox (NSD383 of 2016) (Whitebox), with potential significance for other civil regulatory proceedings, has now been listed for separate hearing before the Full Court of the Federal Court on 8 June 2017. (23 May 2017) PDF 113Kb

255

The Full Court of the Federal Court clarifies the causal connection between 'administrative action' and a disease that is necessary to potentially exclude liability under the SRC Act (9 May 2017) PDF 40Kb

253

Full Federal Court hands down decision on definition of 'personal information' (25 January 2017) PDF 37Kb

251

The High Court clarifies the causal connection between 'administrative action' and a disease that is necessary to potentially exclude liability under the SRC Act (10 November 2016) PDF 229Kb

250

Administrative Appeals Tribunal awards $8,000 in compensation for interference with privacy (19 October 2016) PDF 240Kb

247

Release from the 'implied undertaking' for the purpose of a criminal investigation (24 May 2016) PDF 48Kb

245

Full Federal Court confirms 'legal unreasonableness' principles (30 March 2016) PDF 241Kb

244

Acts and Instruments (Framework Reform) Act 2015 to commence on 5 March (5 March 2016)

243

Tribunal rules on disclosure of incoming government brief (17 December 2015) PDF 37Kb

241

High Court finds that Barbaro does not apply to civil penalty proceedings (9 December 2015) PDF 34Kb

238

First decision on who is an 'officer' under the model work health and safety legislation (1 September 2015) PDF 167Kb

237

Full Federal Court clarifies nature and scope of appeals on a 'question of law' (11 August 2015) PDF 191Kb

236

High Court upholds power to order a corporation facing contempt proceedings to discover documents that may tend to implicate it in the contempt alleged (7 July 2015) PDF 118Kb

235

High Court rules on apprehended bias (26 June 2015) PDF 167Kb

234

Privacy determination – need to scrutinise law enforcement requests before disclosing personal information (27 May 2015) PDF 233Kb

232

Metadata is 'personal information' under the Privacy Act 1988 (Cth) (25 May 2015) PDF 225Kb

231

Parliament passes the Tribunals Amalgamation Bill 2015 (21 May 2015) PDF 184Kb

230

High Court rules on 'Royal prank phone call' case (10 March 2015) PDF 140Kb

227

Emissions Reduction Fund ready to commence (5 December 2014) PDF 133Kb

225

Recent decision indicates likely compensation range for breach of privacy (23 September 2014) PDF 131Kb

224

Serious invasions of privacy in the digital era: ALRC tables final report (12 September 2014) PDF 128Kb

223

Implied terms of mutual trust and confidence and good faith in employment contracts: what do they mean for Commonwealth agencies? (11 September 2014) PDF 140Kb

221

Toyota Motor Corporation Australia Ltd v Marmara (8 August 2014) PDF 129Kb

220

First decision on termination of employment for 'loss of an essential qualification' – Defence defends requirement to maintain a security clearance (28 July 2014) PDF 217Kb

219

High Court upholds validity of designation of Papua New Guinea as regional processing country (27 June 2014) PDF 50Kb

218

Bills to facilitate 1 July 2014 commencement of the Public Governance, Performance and Accountability legislative framework pass through Parliament (27 June 2014)

217

High Court holds legislation authorising expenditure for the National School Chaplaincy and Student Welfare Program to be invalid (19 June 2014)

216

High Court upholds the validity of 'Henry VIII' regulation affecting an accrued right to compensation (21 May 2014) PDF 132Kb

215

Submissions on penalty post Barbaro – update for civil regulators (16 May 2014)

214

Criminal property forfeiture scheme valid – no acquisition of property on unjust terms (22 April 2014) PDF 56Kb

213

High Court decision clarifies the test for extinguishment of native title (17 April 2014) PDF 135Kb

212

Fair Work Commission decisions provide insight on validity of 'no extra claims' clauses in enterprise agreements and notices of employment representation rights (11 April 2014) PDF 128Kb

211

High Court clarifies the circumstances in which words may be read into a statute (7 April 2014) PDF 138Kb

210

Recent decision revisits approach to release of vocational assessment information of successful job applicant (20 March 2014) (PDF 133Kb)

209

Submissions on penalty ranges – High Court's view and implications for civil regulators (11 March 2014) PDF 142Kb

207

The High Court declares invalid NSW laws restricting political donations and electoral expenditure (20 December 2013) PDF 132 Kb

206

New anti-bullying measures to commence on 1 January 2014 (16 December 2013) PDF 135Kb

205

Bill introduces major reform of national energy regulatory system (3 December 2013) PDF 136Kb

204

Public Interest Disclosure Act 2013 commences on 15 January 2014 (29 November 2013) PDF 138Kb

202

New Federal Court guide to the Individual Docket System (20 November 2013) PDF 132kb

201

High Court guidance on documents produced by mistake (8 November 2013) PDF 131kb

200

High Court discusses principles relating to a duty to give reasons and certiorari (5 November 2013) PDF 134kb

199

High Court refines notion of injury suffered 'in the course of employment' (4 November 2013) PDF 132Kb

198

The High Court holds that a native title right that allows fishing for commercial purposes is not extinguished by State and Commonwealth legislation prohibiting commercial fishing without a licence (29 August 2013) PDF 129Kb

197

High Court upholds constitutional validity of the mining tax (27 August 2013) PDF 139Kb

195

Election 2013: caretaker conventions (30 July 2013) PDF 150Kb

193

Sex Discrimination Act amended to cover sexual orientation, gender identity, intersex status and relationship status (3 July 2013) PDF 54Kb

192

New anti-bullying measures and other amendments to the Fair Work Act 2009 (28 June 2013) PDF 103Kb

191

Bill introduces new governance, performance and accountability framework for Commonwealth bodies (28 June 2013) PDF 108Kb

189

Launch of Opinions of the Attorneys-General of the Commonwealth of Australia Volume 3, 1923–45, and website of Legal Opinions 1901–45: www.legalopinions.ags.gov.au (28 May 2013)

188

Recent decision clarifies legal professional privilege for in-house lawyers (24 May 2013) PDF 100Kb

187

Changes to the operation of Division 81 of the A New Tax System (Goods and Services Tax) Act 1999 (22 May 2013) PDF 49Kb

186

High Court considers unreasonableness ground of judicial review of administrative decisions (21 May 2013) PDF 68Kb

185

Exposure draft proposal to amend the Constitution released (17 May 2013) PDF 46Kb

183

Victorian Court of Appeal changes approach to civil penalties by consent (27 March 2013) PDF 60Kb

182

High Court finds Google not responsible for misleading 'sponsored links' (21 February 2013) PDF 51Kb

181

Amendments to the Public Service Act 1999 (11 February 2013) PDF 54Kb

179

Commonwealth win in the Victorian alpine grazing case (30 January 2013) PDF 57Kb

178

ACT Court of Appeal confirms police responsibilities for prevention of crime are critical to determining whether a duty of care is owed (21 December 2012) PDF 47Kb

177

Freedom of information requests to the Official Secretary to the Governor-General (21 December 2012) PDF 42Kb

174

Full Federal Court decision on public interest immunity (29 November 2012) PDF 60Kb

173

Supreme Court decision on the mistaken release of material determined to be exempt under the Freedom of Information Act 1982 (9 November 2012) PDF 45Kb

171

High Court delivers its reasons in the challenges to the Tobacco Plain Packaging Act (22 October 2012) PDF 46Kb

170

High Court decides that regulations are inconsistent with the Migration Act 1958 (22 October 2012) PDF 49Kb

167

Federal Court decision on unwanted door knocking (4 October 2012) PDF 43Kb

166

Implied term of mutual trust and confidence in employment contracts: what does it mean for Commonwealth agencies? (28 September 2012) PDF 54Kb

165

High Court decision clarifies adverse action provisions in the Fair Work Act 2009 (21 September 2012) PDF 58Kb

164

High Court decision on third party access under the Competition and Consumer Act 2010 (17 September 2012) PDF 54Kb

162

Full Federal Court decision on loss or damage in the context of civil penalty matters (14 September 2012) PDF 71Kb

161

High Court decision on procedural fairness (10 September 2012) PDF 44Kb

160

Federal Court decision on Federal Magistrates' superannuation entitlements (7 September 2012) PDF 73Kb

159

Parliamentary Joint Committee on Human Rights tables first report (31 August 2012) PDF 52Kb

158

High Court upholds Tobacco Plain Packaging Act (15 August 2012) PDF 42Kb

156

National Energy Retail Law to commence on 1 July 2012 (29 June 2012) PDF 58Kb

155

Legislation enacted today in response to High Court's decision in Williams v Commonwealth (28 June 2012) PDF 57Kb

153

Proposed amendments to the Privacy Act 1988 (30 May 2012) PDF 52Kb

151

High Court decision on the duties of corporate officers (8 May 2012)

150

Federal Court decision on the service of documents by post (1 May 2012)

149

Copyright inquiry draft terms of reference released for public comment (18 April 2012) PDF 60Kb

147

Taking genuine steps statements seriously (13 April 2012) PDF 162Kb

145

Proposed new oversight, review and conduct provisions for the Australian Public Service (1 March 2012) PDF 165Kb

144

Public holidays in South Australia (7 February 2012) PDF 149Kb

142

New work health and safety laws now in operation (5 January 2012) PDF 169Kb