Subtitle 3.1 “Preliminaries”
Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland
This update includes revised commentary on the UNCITRAL Model Law on Cross-Border Insolvency and on the concurrent jurisdiction of the Federal Court and Federal Circuit Court in bankruptcy matters.
Bankruptcy administration in Australia via operation of the Bankruptcy Act 1966 (Cth), Bankruptcy (Estate Charges) Act 1997 (Cth) and Bankruptcy (Fees and Remuneration) Determination 2013 (Cth), is examined in this updated Subtitle. The functions and powers of the Inspector-General in Bankruptcy, the Official Receiver, trustees and others, are considered, as is the law relating to charges payable to the Commonwealth on interest from investments made by registered trustees. Particular attention is paid to the role of the Australian Financial Security Authority (AFSA) in bankruptcy administration and to the impact of the abolition of bankruptcy districts by the Bankruptcy Legislation Amendment Act 2010 (Cth). The operation of the National Personal Insolvency Index is also examined.
Updated Chapters 1, 2 and 3 of this Subtitle provide an explanation of the classification of trusts and the essential elements of the express trust, including the three certainties (intention, subject matter and objects) of valid express trusts, the formalities for establishing a trust, the effect of trusts which are incompletely constituted and the legality of trusts. In his comprehensive update, the author provides detailed analysis of notable cases, in particular Byrnes v Kendle (2011) 243 CLR 253; 85 ALJR 798;  HCA 26 and the potential impact of this case on the application of legal principles established in cases such as Commissioner of Stamp Duties (Qld) v Jolliffe (1920) 28 CLR 178 and Starr v Starr  SASR 263. Changes to relevant legislation in each State and Territory are addressed, including statutory provisions relating to dispositions to non-charitable unincorporated associations and provisions under the Bankruptcy Act 1966 (Cth) under which a trust is void as against the trustee in bankruptcy.
Updated Chapters 1, 2 and 3 of this Subtitle explore the capacity, appointment and removal of trustees and the rights of trustees, including rights to indemnity and recoupment and to seek advice from a court. The author provides a comprehensive update of the general law and legislation, including detailed commentary of changes to the State and Territory Trustee Acts and important amendments under the Corporations Act 2001 (Cth) as a result of federalisation of statutory trustee companies. Notable cases include Ballard v Attorney-General (Vic) (2010) 30 VR 413;  VSC 525 (appointment of custodian trustees) and Smith v Smith  WASC 166 (effective administration of trust).
Subtitle 23.4 “Patents”
Updated by Keith Leslie, Partner, Davies Collison & Cave, Rodney De Boos Partner, Davies Collison & Cave and Michael J Caine Partner, Davies Collison & Cave
Updated paragraphs [23.4.2910]–[23.4.4190] complete the update of the Patents subtitle, incorporating the latest developments on infringement of patentee’s exclusive rights, exploitation of patent rights and international agreements on patents. It includes the latest case and legislative developments in these areas, and fresh analysis on experimental use, obtaining regulatory approval, non-infringement declarations, the proprietary nature of rights and international trade law. Together, this update and the paragraphs published in update 291 provides a comprehensive and up to date snapshot of the law as it relates to patents.
Updated Chapters 1 and 2 of this Subtitle focus primarily on the Constitutional basis of Federal legislative action in industrial relations. The examination begins with an historical and political overview of the Australian industrial relations system, including a discussion of the seminal Harvester judgment (Ex parte HV McKay (Harvester Case) (1907) 2 CAR 1). The relevant powers under the Constitution are then explored. A topical resonance is given to this review by a particular focus on the differing industrial relations approaches of recent Federal Governments, including their reliance on different Constitutional powers: the corporations power by the Howard Coalition Government (Workplace Relations Amendment (Work Choices) Act 2005 (Cth)) and the referral power by the successive Labor Government (Fair Work Act 2009 (Cth)). The dramatic re-orientation in Australian industrial relations law away from the century-old reliance on the conciliation and arbitration power, represented by these developments, is explored, as is their broader significance for the Australian federal system. There is also discussion of the intersection of Federal industrial relations laws with Australia’s international obligations under International Labour Organization conventions.
Subtitle 28.11 “Strata and Group Titles” Chs 7-9
Updated by Adjunct Associate Professor Anthony Moore, School of Law, Flinders University
The third and final instalment update to this Subtitle covers the law in respect of financial matters, variations and winding up, and dispute resolution processes. This update takes into account the operational commencement from January 2014 of the NSW Civil and Administrative Tribunal, whose Commercial Division now deals with strata title matters.
Subtitle 29.1 “Restitution” Chs 1-5
Updated by Dr Jason Taliadoros, Barrister and Solicitor, Supreme Court of Victoria
This is the first of two projected instalment updates and takes into account the decision of Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; 86 ALJR 296;  HCA 7, and includes revised commentary on the right to contribution in Australia with reference to Friend v Brooker (2009) 239 CLR 129.