The NSW Law Society has drawn attention to the recent reference to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 7 December 2020. The terms of reference are: Whether the present level of regulation applying to Australia’s growing class action industry is impacting fair and equitable outcomes for plaintiffs, with particular reference to the following: what evidence is available regarding the quantum of fees, costs and commissions earned by…

  COVID-19 and the Law of Australia, written by Emrys Nekvapil, Maya Narayan and Stephanie Brenker, is an online textbook, organised by subject area, providing guidance on the laws made by the legislature, executive and judiciary (and administrative tribunals) of the Commonwealth and each State and Territory in response to the COVID-19 pandemic. Chapter 1 provides an overview of the text and the methodology used by the authors. Chapter 2 addresses the constitutional context…

The First Interim Report of the Joint Select Committee on Implementation of the National Redress Scheme April 2020 has been published. Fourteen recommendations were made, as copied below. Recommendation 1 (2.10) The Committee recommends the National Redress Scheme make a more concerted effort to engage with survivors and survivor groups. Specifically: ensure the National Redress Scheme Survivor Roundtable is convened at a minimum of three times a year; and ensure the second anniversary legislated review…

Almost a month old now, but perhaps the succinct comments of PerramJ in Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 (available on AUSTLII) in the context of an adjournment application for a complex civil trial remain the clearest statement of the overarching concerns of the administration of justice: [23] If I could be sure that the crisis would have passed by October I would not hesitate to adjourn all the…

COVID_19_care_guidance_May_5_endorsed With thanks to Cindy Tucker for providing the UK Intensive Care Society document “Clinical Guidance: Assessing whether COVID-19 patients will benefit from critical care, and an objective approach to capacity challenges“, which can be downloaded from the link above. This document is noted to have been released at a time when the first surge phase of the COVID-19 pandemic has substantially receded in the UK, although many ICUs remain under significant pressure.…

This online course (fees are not payable) aims to provide structured ways of navigating the clinical ethics challenges generated by the COVID-19 pandemic. It incorporates short discussions of key ethical issues and concepts, with practical ethics tools for decision-making. Tutorial 1: Clinical ethics – what’s different in a pandemic? Tutorial 2: Allocation of scarce resources Tutorial 3: Health professionals’ role. There is no assessment requirement for this course, however each tutorial has embedded self-assessments and end…

Rowson v Department of Justice and Community Safety [2020] VSC 236 (available on AUSTLII) was an interlocutory application in which the applicant sought orders releasing him from Port Phillip Prison at Truganina because of his particular health risks, including the risk that he will die, if he is infected with the COVID-19 virus. No cases of the virus have been detected amongst prisoners or prison employees in Victoria. The applicant’s arguments included (at [80])…