Berejiklian takes legal action against the ICAC (25 September 2023)

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Daily wrap

• Former NSW premier Gladys Berejiklian takes legal action against the ICAC

• Complaint against Shane Drumgold lodged with ACT Integrity Commission

• Australian federal police using AI to analyse data obtained under surveillance warrants

• Rex Patrick appeals federal court ruling that information watchdog’s lengthy delays were not unreasonable as it was bound by funding

• Senator Babet says United Australia Party will appeal to High Court in referendum case. 

  • A copy of Rares J’s decision can be found here Babet v Electoral Commissioner [2023] FCA 1126.

  • AEC publishes 1988 and 2023 legal advice it received in relation to voters use of ticks and crosses

• Federal Circuit and Family Court: Judges revolt amid legal threats from litigants following landmark ruling against Vasta J. [paywall can be removed with free registration]

   

• AEC says staff threatened online amid ‘bonkers’ criticism over voice referendum ticks and crosses

• JP's forgery led to removal of children – Proctor

Editor’s picks

• Standing Council of Attorneys General - 22 September 2023 Communique

  • “participants acknowledged that Target 10 – to reduce the rate of First Nations adults in incarceration by at least 15 per cent by 2031 – is not on track, and that significant and transformational criminal justice reform will be required by all Australian governments to turn the tide on First Nations adult incarceration.”

• Notes on Judging - Justice Jayne Jagot - NJCA Conference 2023

  • “if you think it is the end of the world as you know it ever to be wrong or told you're wrong, you can wind up either not being able to make a decision at all or not being able to make timely decisions. No-one enjoys being told they are wrong. But we do have to accept that being wrong or told you're wrong is inherent within our system. And we all need to find a way to move past this and be able to keep making decisions that are timely. Now, you may say, that's ok for me, you can no longer be overturned or, at least, very rarely only. Not so - and as recent events show I left the Federal Court with a long tail of difficult decisions. Anyway, I've been a trial judge and an intermediate appellate judge, so I've paid my dues.”

• ACT Integrity Commission to live stream Operation Kingfisher hearings.

• Victorian Legal Services Commissioner v Waduge (Legal Practice) [2023] VCAT 906 (4 August 2023) - solicitor relies on personal power of attorney to execute agreement on behalf of company, then backdates power of attorney for company and produces to court

• Judicial Colloquium - Equitable Compensation - Chief Justice RS French AC - Hong Kong, 23 September 2015

  • ‘If there is one thing however, that ignites passion in the lawyerly breast it is taxonomy. It is as well therefore to begin by mentioning the distinction between 'equitable compensation' and 'equitable damages'."‘

• Law Council 22 Sept 2023 update (including update re Pactlii summit - the Pacific Islands equivalent of Austlii)

Anne Twomey’s latest video on the Voice

(guide referred to above can be found here)

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