New HCA Special Leave Process Introduced - 21 Nov 2023

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Daily wrap  

• HCA Notice Revised Special Leave Process November 2023

   

  • As is the current practice, all applications will be considered by the Court, in the first instance, on the basis of the written material.

     

  • Applications in which the applicant is unrepresented will generally be determined by two Justices. Applications in which the applicant is represented will now generally be determined by all seven Justices.

     

  • The Justices will ordinarily decide the applications on the papers. In the rare case where the Justices are unable to decide an application on the papers, the application will be referred to a bench of three Justices for oral argument.

     

• More than 100,000 DNA samples may need re-testing following finding of second inquiry by retired Federal Court judge Dr Annabelle Bennett | Queensland | The Guardian

   

  • Fun fact Dr Annabelle Bennett is one half of a legal power couple - she is married to David Bennett, former Cth Solicitor General

     

• Alan Tudge wanted media coverage from donation now centre of foreign interference trial, court hears 

   

• Victorian Liberal leader John Pesutto vows to fight defamation action by expelled MP Moira Deeming | Victorian politics | The Guardian

   

• Federal government promising greater protections for journalists and whistleblowers

   

• North East Forest Alliance laments Land and Environment Court loss, says koalas will suffer - ABC News

   

  • A copy of the judgment can be found here - North East Forest Alliance Incorporated (INC1601738) v Forestry Corporation of NSW - NSW Caselaw

   

• Fair Work Commission delivers work from home win for bosses [AFR paywall]

   

  • a copy of the decision can be found here - Charles Gregory Gregory v Maxxia Pty Ltd - [2023] FWC 2768 | Fair Work Commission

     

• ‘Silly games’: doomsday prepper jailed for arsenal of guns and weapons stashed on Victorian farm | Crime - Australia | The Guardian 

   

Editor’s picks

• What to do when you get asked for legal advice at the Christmas dinner table:

  1) if they need a litigator, you’re a transactional lawyer

  2) if they need a transactional lawyer, you’re a litigator

  3) if they need a generalist, you’re an accountant

  Credit - Margolis PLLC

   

• Photos from Justice Bromberg’s farewell

   

• Lawyer struck off for long list of offences – Proctor

   

• Model provisions for data protection in Commonwealth countries: How do they fit? by Graham Greenleaf (UNSW) :: SSRN

   

• Charlesworth J’s reasons for Santos Barrossa pipeline injunction published, with 6 counsel (including 3 silks) appearing for Santos - Munkara v Santos NA Barossa Pty Ltd (No 2) [2023] FCA 1421

   

  • Background to the matter can be found here Federal Court rules in favour of Tiwi traditional owner Simon Munkara, Santos Barossa pipeline blocked again - ABC News 

     

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The Headnote team

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