Native Title – The question of compensation finally reaches the High Court 26 years after Mabo05 October 2018
The township of Timber Creek, half-way between Katherine and Kununarra in the Northern Territory, with a population of fewer than 300 people, has recently been the subject of the undivided attention of the Full Court of the High Court in a landmark native title case.
Take care to consider GST in settlement arrangements05 October 2018
It is possible that out of court settlements may involve a taxable supply for which GST is payable.
Aurizon Operations Limited and State of Queensland v Michael Vincent Baker Superannuation Pty Ltd03 October 2018
The recent Court of Appeal decision of Aurizon Operations Limited and State of Queensland v Michael Vincent Baker Superannuation Pty Ltd CA3654/17 is a timely reminder for departments to consider whether their infrastructure is causing a nuisance to adjoining land, particularly where the removal of that infrastructure would not compromise the use of the State’s land.
‘To have a child who he would never know’ – Consideration of the posthumous removal and use of sperm02 October 2018
In the recent decision of Re Cresswell  QSC 142, her Honour Justice Brown delivered the first Queensland judgment to consider the court’s jurisdiction to order a person’s entitlement to possess and use spermatozoa (sperm) removed from a deceased person.
Recent amendments to the Uniform Civil Procedure Rules 1999 (Qld) regarding Subpoenas21 September 2018
The Uniform Civil Procedure (Subpoenas) Amendment Rule 2018 brings the Uniform Civil Procedure Rules 1999 (Qld) into alignment with Part 24 of the Federal Court Rules 2011 (Cth) in relation to subpoenas.
The UCPR is now more responsive to changing technologies, as it accommodates electronic methods in the issuing of subpoenas and production of documents and seeks to minimise arguments about costs of compliance.