The following Subtitles were updated in May 2015 and are now available on Westlaw AU:
Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland; Barrister-at-Law, Roma Mitchell Chambers; Senior Lecturer, Queensland University of Technology
This Subtitle looks at the acts of bankruptcy which must be committed before the presentation of a creditor’s petition. This update includes a more in-depth look at the conditions precedent to the issuing of a bankruptcy notice, the time within which a debtor must comply with a bankruptcy notice, and the procedure and forms for, and the service of, bankruptcy notices.
Updated by Lidia Xynas, Associate Dean, Director (Learning and Teaching), College of Law and Justice, Victoria University
This Subtitle describes the nature of a registered company and is concerned with law relevant to its formation. This update includes reference to the Australian Consumer Law (found in Competition and Consumer Act 2010 (Cth), Sch 2), the Business Names Registration Act 2011 (Cth) and the Australian Charities and Not-for-profits Commission Act 2012 (Cth).
Updated by Sarah Zeleznikow, Australian Lawyer, Supreme Court of Victoria and High Court of Australia
This Subtitle examines the Australian Consumer Law (found in Competition and Consumer Act 2010 (Cth), Sch 2) to the extent that it relates to the publication of information by the media. It discusses the application to the media of “misleading or deceptive conduct” “in trade or commerce”, as the main elements of s 18 of the Australian Consumer Law, and the applicable defences and remedies.
Updated by Professor David Spencer, Barrister and Solicitor, Supreme Court of New South Wales and the High Court of Australia; Deputy Provost, Australian Catholic University
This Subtitle comprehensively considers the law, legal issues relating to, and practices of, mediation and conciliation in Australia. Coverage is brought right up-to-date, with the latest developments being examined, including the establishment of the South Australian Civil and Administrative Tribunal (SACAT) which began operation on 30 March 2015. Under the South Australian Civil and Administrative Tribunal Act 2013 (SA), mediation is to be a focus of SACAT in dealing with matters “quickly … while achieving a just outcome”.
Updated by Romany Webb, Solicitor, Supreme Court of New South Wales; Research Fellow, University of Texas at Austin
This update discusses the substantial changes to water legislation in all Australian jurisdictions including the implications of the Water NSW Act 2014 (NSW), Water Supply and Sewerage Services Act 2009 (NT), South East Queensland Water (Distribution and Retail Restructuring) Act 2009 (Qld), Water Industry Act 2012 (SA), Water and Sewerage Corporation Act 2012 (Tas) and the Water Services Act 2012 (WA).
Updated by Louise Mathias, Barrister and Solicitor, Supreme Court of New South Wales and High Court of Australia
The adoption of children, in whatever form it may take (eg international, domestic, by family), is regulated by statute in each of the jurisdictions. These regulations cover the adoption itself; what information may or may not be shared with adopters, adoptees and birth parents; as well as when and under what circumstances that information may be shared.
Updated by Prue Weaver, Solicitor, Supreme Court of New South Wales and the High Court of Australia; formerly Senior Manager, Group Regulatory Affairs, Westpac Banking Corporation
The range of financial institutions – banks, merchant banks, finance and leasing companies, building societies, credit unions etc – are examined in this Subtitle. A particular focus is on the development of the “seamless” investment regulatory regime in recent years – to achieve consistency in regulation of different types of investment. Thus the Australian Prudential Regulation Authority – APRA – has responsibility for the prudential regulation of banks, life insurance companies, general insurance companies, and superannuation funds.
Updated by Clare McKay, Solicitor, Supreme Court of Victoria
The law of contract serves a different purpose to the law of torts, despite their closely aligned historical roots. The law of contract protects the interests of a party in having its contractual expectations met (as was stated in Brookfield Multiplex Ltd v Owners – Strata Plan 61288  HCA 36). A tort, on the other hand, is defined as “an injury other than a breach of contract, which the law will redress with damages”.
Updated by Andrew Felkel, Barrister and Solicitor, Supreme Court of Victoria
A number of important duty of care cases have arisen in the last five years. In Brookfield Multiplex Ltd v Owners – Strata Plan 61288  HCA 36, the builder of strata-titled serviced apartments did not owe a duty of care to the owners corporation to avoid causing loss resulting from latent structural defects in the common property. In Dansar Pty Ltd v Byron Shire Council  NSWCA 364, the Council did not owe a duty of care to avoid inflicting economic loss resulting in their refusal or delay in implementing their decision relating to the plaintiff’s development application.
Updated by Clare McKay, Solicitor, Supreme Court of Victoria
This Subtitle covers the principles relating to “strict liability” where liability arises in the absence of fault, such as vicarious liability by employees and animals. The long-standing rule in Rylands v Fletcher (1868) LR 3 HL 330 has been comprehensively absorbed into the principles of ordinary negligence and so its treatment in this Subtitle has been consolidated to focus on only its key historical points.
Updated by Jeremy Masters, Barrister, Victorian Bar
Nuisance encompasses a range of legal and non-legal meanings. The tort of nuisance is broken down into private and public nuisances. Public nuisance endangers the lives, safety, health, property or comfort of the public, while private nuisance is the infringement of rights related to the ownership or occupation of land.
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research
Airport-operator companies and others performing functions at an airport may be liable in civil suits, if not benefitting from a statutory immunity, for injuries or losses occasioned in the course of the construction, development and management of airports, as well as in the ordinary course of airport operations.
June 2015 currently scheduled updates (subject to change):
- 1 Aborigines and Torres Strait Islanders 1.3 “Land Law”
- 4 Business Organisations 4.1 “Company Formation”
- 18 Finance, Banking and Securities 18.4 “Bank–Customer Relationship”
- 21 Human Rights 21.2 “The Australian Legal Foundation”
- 33 Torts 33.9 “Defences”
- 34 Transport 34.2 “Aviation” Ch 18