As a result of a dedicated author and editorial team, we have over 800 pages of new material added to the encyclopaedia.

The new Title was authored by Perry Herzfeld, Thomas Prince and Dr Stephen Tully, and received guidance and oversight from Title Editor Laureate Professor Cheryl Saunders AO.

The material will also be published as a book entitled Interpretation and Use of Legal Sources – The Laws of Australia. In his foreword, Michael Kirby states:

“Interpretation constitutes the key that unlocks the door to the meaning of law. This therefore is a topic of great relevance to every other particular topic of law. Necessarily, every such topic must be expressed in words (sometimes figures, symbols, formulae and other images). To say what the words and images mean, every professional lawyer must be acquainted with the material covered in this Title.”

Subtitle 8.2 Real Estate Agents

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle examines the law relating to licensees in each jurisdiction, with an emphasis on the contractual rights and duties imposed on agents in the course of real estate transactions. This update considers the regulation of misrepresentations under the Competition and Consumer Act 2010 (Cth), and entitlement to commission bestowed by determination of “cause of sale” as provided in recent decisions such as Burchell v Gowrie & Blockhouse Collieries Ltd [1910] AC 614. The update also considers special new requirements around commission and consumer protection provisions in Queensland.

Subtitle 14.12 Mining

Updated by John Southalan, Barrister, Supreme Court of Western Australia

This Subtitle explains the regulation of mining in each Australian jurisdiction. This update discusses the Mineral Titles Act 2010 (NT), specifically the rights of the holder of a mineral title and the various reports which must be provided, such as an airborne survey report, annual report, expenditure report, final report and monthly workforce report. There is also commentary regarding the specific provisions of minerals like gold, coal and iron and provisions in the Work Health and Safety Regulation 2011 (NSW), the Work Health and Safety (National Uniform Legislation) Act 2011 (NT), the Work Health and Safety Regulation 2011 (Qld) and the Work Health and Safety Regulations 2012 (SA).

Subtitle 26.5 Workers’ Compensation

Updated by Ramon Loyola, Solicitor, Supreme Court of New South Wales

This Subtitle examines the current statutory and federal legislation governing workers’ compensation. It involves a range of amendments that have affected State and Federal legislation that have been implemented since the last publication of this Subtitle. There is discussion of the definition and scope of the employee-employer relationship in addition to the protocols surrounding rehabilitation programs and return-to-work programs. The role of discrimination on the workers’ compensation industry is considered as well as the reach of the Australian Industrial Relations System, awards and workplace agreements and schemes.

Subtitle 28.15 Physical Limits to Land

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle explores the law on the physical limits of land. It considers old common law principles concerning the height and depth extents of land ownership – from the “heavens above” to the “infernal regions” below – and the case law and statutory limits on these. Fixtures are discussed, including the law on when tenants can remove them. Encroachments are examined, with particular consideration given to the legislation in most Australian States providing for relief, including: compensation; land transfer; and encroachment removal. The principles regulating land boundaries are also considered. Finally, the Subtitle examines the law on fences, with attention given to the legislative provision in all Australian jurisdictions (eg Dividing Fences Act 1991 (NSW) and Fences Act 1972 (NT)) for compulsory contribution by neighbouring land owners to the cost of fence construction and repair.

Subtitle 33.11 Concurrent Torts

Updated by Karina Szwaja, Barrister, Victorian Bar

This Subtitle examines the law surrounding concurrent torts, and the relationships that exist between various tortfeasors. It looks to the classification of tortfeasor in the instances of joint tortfeasors, several concurrent tortfeasors or independent tortfeasors, and then looks to the liability that attaches according to this classification. Civil liability legislation in each Australian jurisdiction is referenced throughout this update, which also now includes the High Court decision Amaca v New South Wales (2003) 199 ALR; 77 ALJR 1509; [2003] HCA 44.

Subtitle 2.1 Administrative Law System

Updated by Mark A Robinson SC, Barrister, Supreme Court of New South Wales and High Court of Australia, Barrister, Wentworth Chambers

The theoretical bases underlying the administrative law system are the focus of this Subtitle. The Subtitle examines the administrative system in its legal and constitutional context, and the nature, exercise and control of administrative acts. An important development that the author examines is the constitutional entrenchment and protection of administrative law in the States as a result of the decision of the High Court of Australia in Kirk v Industrial Court (NSW) (2010) 239 CLR 531; 84 ALJR 154; 190 IR 437; [2010] HCA 1.

Subtitle 2.2 Delegated Legislation

Updated by Mark A Robinson SC, Barrister, Supreme Court of New South Wales and High Court of Australia, Barrister, Wentworth Chambers

This Subtitle discusses delegated legislation, which is a form of legislation made by persons or bodies other than Parliament. This update includes in-depth commentary on the Legislative Instruments Act 2003 (Cth), as well as the statutory instruments allowing the creation of delegated legislation in each State and Territory. Discussion in this update is focused on drafting, consultation, registration and tabling standards. This update includes commentary on the landmark cases Minister for Foreign Affairs & Trade v Magno (1992) 37 FCR 298 and Plaintiff M47/2012 v Director General of Security (2012) 86 ALJR 1372; [2012] HCA 46

Subtitle 3.3 Voluntary Bankruptcy

Updated by Dr Colin Anderson, Associate Professor, School of Law, Queensland University of Technology

This Subtitle deals with the law enabling a person in a hopeless financial position to initiate voluntary bankruptcy and so have the opportunity to “start again” free of debt. The mechanism by which this is done is the “debtor’s petition”. Through examination of the Bankruptcy Act 1966 (Cth) and pertinent case law, the Subtitle discusses who can present a debtor’s petition (including in relation to individuals, joint debtors, and partnerships), when a debtor’s petition cannot be presented, and the procedures on and after voluntary bankruptcy. Abuse of the process and consequences of the same, are also considered. Reference is made to creditors’ petitions too.

Subtitle 4.4 Receivers and Managers

Updated by Adjunct Professor Richard Fisher AM, Solicitor, Supreme Court of New South Wales, Adjunct Professor, Faculty of Law, University of Sydney, General Counsel, University of Sydney and James Marshall, Solicitor, Supreme Court of New South Wales, Partner, Ashurst Australia

This Subtitle discusses the terms and the effect of the appointment of a receiver or of a receiver and manager to a company’s property, including the powers, duties and liabilities of the receiver. This update examines major developments in this area following the introduction of the Personal Property Securities Act 2009 (Cth), including the appointment of a receiver under a “PPSA security interest”, and the priority of secured creditors as against a receiver’s appointer where the creditor has a “purchase money security interest”. The Subtitle also examines the changes to the Goods and Services Tax (GST) legislation in relation to the GST liability of receivers, in particular the enactment of Div 58 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) following the decision in Deputy Federal Commr of Taxation v PM Developments Pty Ltd (2008) 173 FCR 247; 70 ATR 741; [2008] FCA 1886. In this comprehensive update, the authors also discuss important developments in the case law, including Newtronics Pty Ltd v Atco Controls Pty Ltd (2008) 69 ACSR 317; [2008] VSC 566 and South Johnstone Mill Ltd v Dennis (2007) 163 FCR 343; [2007] FCA 1448.

Subtitle 31.12 Administration

Updated by Robin H Woellner, Adjunct Professor, James Cook University, and Adjunct Professor University of New South Wales

This Subtitle examines the key elements of tax administration in Australia. This includes the responsibilities of taxpayers and tax professionals, the Australian Taxation Office’s powers of investigation and collection of information, private, public and oral rulings, income tax returns and assessments, reviews and appeals of tax decisions, collection and recovery of tax owing, and the imposition of penalties for breaches of taxation laws and other provisions. This Subtitle includes changes to the administration of tax in Australia as a result of the Tax Agent Services Act 2009 (Cth) and the Tax Agent Services Regulations 2009 (Cth). This Subtitle also includes discussions on recent relevant cases such as May v Federal Commissioner of Taxation (1999) 92 FCR 152; 42 ATR 270; [1999] FCA 287; Re Optimise Group Pty Ltd and Federal Commissioner of Taxation (2010) 79 ATR 953; 53 AAR 117; [2010] AATA 782; Sent v Federal Commissioner of Taxation (2012) 57 AAR 27; 128 ALD 24; [2012] FCA 382 and Federal Commissioner of Taxation v Futuris Corp Ltd (2008) 237 CLR 146; 82 ALJR 1177; 69 ATR 41; [2008] HCA 32.

April 2013 planned updates (please note that updates are subject to change):

• 8 Contracts: Specific 8.2 “Real Estate Agents”
• 14 Environment and Natural Resources 14.12 “Mining”
• 26 Labour Law 26.5 “Workers’ Compensation”
• 28 Real Property 28.15 “Physical Limits to Land”
• 33 Torts 33.11 “Concurrent Torts”

Subtitle 3.17 Offences

Updated by, Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle considers the offences provided for by the Bankruptcy Act 1966 (Cth). This update discusses offences committed by bankrupts during bankruptcy, after sequestration, on becoming bankrupt, or after discharge or annulment of bankruptcy. It also covers offences that may be committed by debtors and others in relation to arrangements under Pt X of the Bankruptcy Act 1966, and by trustees in bankruptcy. Finally, the commentary extends to specific provisions on procedure and trial under the Bankruptcy Act 1966.

Subtitle 3.18 Debt Agreements

Updated by Steven M Foale, Consultant, Maurice Blackburn Lawyers

Debt agreements under Pt IX of the Bankruptcy Act 1966 (Cth) are a legally binding agreement made between an insolvent debtor and their creditors, and are available as a flexible alternative to bankruptcy. This Subtitle covers the stages of proposal, processing, acceptance, and termination of a debt agreement; the eligibility, registration and supervision of debt agreement administrators; and the procedural requirements involved.

This update discussion contains expanded commentary on these requirements and references recent developments, such as Deputy Federal Commissioner of Taxation v Criniti [2009] FMCA 417, and the pending Review of Debt Agreements under the Bankruptcy Act 1966: Proposals Paper (October 2012) by the Attorney-General’s Department.

Subtitle 6.1 Civil Defamation

Updated by Danielle Andrewartha, PhD Candidate and Research Associate, Faculty of Law, Monash University, Senior Consultant, McPhee Andrewartha

This Subtitle deals with the law of civil defamation in Australia, which operates through the interaction of common law and statute law. The enactment of substantially uniform defamation laws in all Australian jurisdictions from 2006 enhanced the common law’s efforts to accommodate defamation law with the implied freedom of political communication derived from the Constitution, as recognised by the High Court in Nationwide News Pty Ltd v Wills (Free Speech Case) (1992) 177 CLR 1 and Australian Capital Television Pty Ltd v Commonwealth (Political Advertising Case) (1992) 177 CLR 106. These developments are a particular focus here, especially the High Court’s expansion of the common law defence of qualified privilege in respect of communications on government and political matters in Lange v Australian Broadcasting Corp (1997) 189 CLR 520. The implications of information technology development for defamation law are also considered, with an examination of the leading case in the area: Dow Jones & Co Inc v Gutnick [2002] HCA 56.

Subtitle 13.6 Dispute Systems Design

Updated by Dr Stephen Tully, Solicitor, Supreme Court of New South Wales, Legal Officer, Migration and Refugee Review Tribunals

The Subtitle is oriented around the process of Dispute Systems Design (DSD) as a form of dispute resolution. The goals and the theoretical framework, with reference to real examples, are examined in addition to the interest-based approach of DSD. The commentary also explores the characteristics of certain types of disputes and how they can be addressed through DSD and its principles. The implementation and application of DSD to customer complaints is examined while also considering the Australian Standard on Customer Satisfaction and its guidelines for complaint handling procedures. Finally, the disadvantages and advantages of DSD are considered.

Subtitle 14.3 Local Planning Schemes and Compensation

Updated by Joseph Claude Veneziano, Associate Editor, Local Government and Environmental Reports of Australia

This Subtitle comprehensively examines the format, purpose and structure of local planning schemes, which vary between each Australian jurisdiction. It includes the compliance requirements for both the public and government, and goes on to discuss the compensation for the effect of a scheme in each jurisdiction. The update includes key legislative changes, being the Planning and Development Act 2007 (ACT), Environmental Planning and Assessment Regulation 2000 (NSW), Sustainable Planning Act 2009 (Qld), Sustainable Planning Regulation 2009 (Qld), Development Regulation 2008 (SA), Land Use Planning and Approvals Regulations 2000 (Tas), Planning and Environment Regulations 2005 (Vic), Planning and Development Act 2005 (WA) and Planning and Development Regulations 2009 (WA).

Subtitle 24.4 International Taxation

Updated by Adam Ahmed, Legal Practitioner Director, Hemsley Lawyers, Daniel Ramon Diaz, Lawyer, Arnold Bloch Leibler, and Tom Roth, Associate, Baker & McKenzie

This Subtitle focuses on how various entities that are either foreign or principally foreign-based are addressed by Australian tax law. By outlining the legislative requirements of the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth), the Subtitle demonstrates how tax liability can be determined to apply to an individual or a company. To ensure that all possible sources of income are considered the Subtitle addresses the thin capitalisation, withholding tax rules and the position adopted in relation to controlled foreign companies and non-resident trusts. The Subtitle concludes with a thorough outline of the means by which the Commonwealth acts to prevent international tax avoidance and the adoption of double taxation agreements to ensure the minimum tax overlap between countries.

Subtitle 28.14 Restrictive Covenants

Updated by Dr Hossein Esmaeili, Associate Professor, Flinders Law School, Flinders University and Brendan Grigg, Lecturer, Flinders Law School, Flinders University

This Subtitle addresses the laws surrounding restrictive covenants, specifically examining situations in which the burden and benefit of covenant will run at common law and at equity. It also examines the position of restrictive covenants within the Torrens system and the existence of the Conveyancing Act 1919 (NSW), Land Titles Act 1980 (Tas), Transfer of Land Act 1958 (Vic) and Transfer of Land Act 1893 (WA), which have all made express provisions allowing covenants to be listed on the Torrens register. This Subtitle contains restructured and expanded commentary on significant decisions such as Forestview Nominees v Perpetual Trustees Western Australia Ltd [1998] HCA 15, Bird v Trustee Executors & Agency Co Ltd [1957] VR 619 and Baramon Sales Pty Ltd v Goodman Fielder Mills Ltd [2001] FCA 1672.

Subtitle 5.9 Appeals Westlaw AU / Legal Online

Updated by David O’Brien, Partner, Minter Ellison Lawyers

This Subtitle explains the law relating to civil appeals in Federal, State and Territorial law and incorporates references to the new civil procedure rules in including the Federal Court Rules 2011 (Cth), Court Procedure Rules 2006 (ACT), Uniform Civil Procedure Rules 2005 (NSW), Supreme Court Civil Rules 2006 (SA) and Supreme Court (General Civil Procedure) Rules 2005 (Vic). This Subtitle also includes examination of recent case law related to civil appeals.

Subtitle 13.7 Arbitration Westlaw AU / Legal Online

Updated by Professor Doug Jones, Partner, Clayton Utz

This Subtitle has been updated to take into account the enactment of the new Uniform Commercial Arbitration Acts in most Australian jurisdictions since 2010, and comparing them where relevant with the previous Commercial Arbitration Acts, which continue to operate, at the time of writing, in the Australian Capital Territory, Queensland and Western Australia. International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth), which is examined in this update in the context of the amendments made to this Act by the International Arbitration Amendment Act 2010 (Cth).

Subtitle 27.8 Valuers Westlaw AU / Legal Online

Updated by Andrew George, Barrister at Law

This Subtitle examines the common law and statutory duties of a valuer in the course of their profession. The parallels between the law governing the actions of valuers and contract and tort law are discussed. Limitation of liability which arises from breach of duty and is subject to different legal causes of action is assessed in conjunction with the damages that subsequently arise and at what rate to calculate such damages.

Subtitle 32.3 Dispute Resolution Westlaw AU / Legal Online

Updated by Jeremy Kam and Emma Monger, The Laws of Australia Editorial Department

This Subtitle update on dispute resolution in sport takes into account such developments as the commencement of the Competition and Consumer Act 2010 (Cth), and more relevantly, the enactment of the new Uniform Commercial Arbitration Acts in most jurisdictions.

Subtitle 33.2 Negligence Westlaw AU / Legal Online

Updated by Andrew Felkel, Barrister and Solicitor, Supreme Court of Victoria; Charmaine KM Lye, Barrister and Solicitor, Supreme Court of Victoria; and Toby Mullen, Barrister, Victorian Bar

Negligence is one of the most dynamic areas of law. This Subtitle has been updated to take into account recent judicial treatment of the fundamental principles of negligence, including duty of care, foreseeability, proximity and reliance. The Subtitle includes the latest amendments to legislation in all jurisdictions and the latest cases, including Miller v Miller (2011) 242 CLR 446; 85 ALJR 480; [2011] HCA 9, Imbree v McNeilly (2008) 236 CLR 510; 82 ALJR 1374; [2008] HCA 40 and Derring Lane Pty Ltd v Fitzgibbon (2007) 16 VR 563; [2007] VSCA 79.

November 2012 planned updates

(please note that updates are subject to change)

• 13 Dispute Resolution 13.4 “Case Management”
• 19 Government 19.5 “Federal Constitutional System”
• 26 Labour Law 26.2 “Discrimination”
• 27 Professional Liability 27.6 “Brokers”
• 31 Revenue Law 31.14 “Calculation of Tax Payable”
• 33 Torts 33.4 “Product Liability”

Subtitle 13.5 Mini-trial Westlaw AU / Legal Online

Updated by Dr Stephen Tully, Legal Officer, Migration Review Tribunal and Refugee Review Tribunal

This Subtitle examines the various stages of the mini-trial and the features of its process, in the context of modern alternative dispute management systems. The Subtitle addresses the roles of participants, particularly the importance of a neutral third party. The Subtitle also analyses the appropriateness of the mini-trial in the modern legal landscape.

Subtitle 20.1 Health Rights and Responsibilities Westlaw AU / Legal Online

Updated by Melissa Di Rienzo, Legal Editor, The Laws of Australia

This Subtitle examines health rights and responsibilities in the context of concepts such as the right to treatment and equity of access to health care services, and conversely the right to refuse medical treatment. The Subtitle has been updated to account for developments in areas such as the right of access to one’s own medical records, and The Australian Charter of Health Care Rights.

Subtitle 27.1 General Principles Westlaw AU / Legal Online

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle examines the principles that underpin professional liability. It considers varieties of professional liability, such as those that may arise in tort, under contract, under statute, because of fiduciary obligations or under criminal liability. This Subtitle also considers the standard of care to be exercised by a professional, as well as relevant defences and damages. This update takes into account the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) and the High Court’s decision in Tabet v Gett (2010) 240 CLR 537; 84 ALJR 292; [2010] HCA 12, as well as including expanded commentary on Prestia v Aknar (1996) 40 NSWLR 165.

Subtitle 27.4 Auditors and Accountants Westlaw AU / Legal Online

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle details the various professional and statutory obligations imposed upon auditors and accountants by the Corporations Act 2001 (Cth) and at common law, such as the duty to report audit irregularities.

Subtitle 27.5 Bankers Westlaw AU / Legal Online

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

The duties owed in bank–customer relationships and discussed in this Subtitle have been updated to take into account the provisions of the new Australian Consumer Law and of the National Consumer Credit Protection Act 2009 (Cth), for example the onus placed by the legislation on banks to exercise responsible lending in the realm of consumer credit.

Subtitle 28.17 Land Acquisition Westlaw AU / Legal Online

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle provides a legislative overview of the powers, procedures and terms on which the Commonwealth, States and Territories (and agencies or instrumentalities) obtain interests in land (including native title), by means such as resumption or compulsory acquisition, and circumstances in which private acquisition for public purposes is permitted. Consideration is also given to the applicability of just terms and compensation to acquisition, and its effect on indefeasibility of title and third party interests in land.

October 2012 planned updates

(please note that updates are subject to change):

• 13 Dispute Resolution 13.7 “Arbitration”
• 27 Professional Liability 27.8 “Valuers”
• 31 Revenue Law 31.14 “Calculation of Tax Payable”
• 32 Sport & Leisure 32.3 “Dispute Resolution”
• 33 Torts 33.2 “Negligence”

2012 is proving to be an exciting time for The Laws of Australia (TLA), as Thomson Reuters implemented a second major investment program to improve the quality and currency of the service.

This second major investment program is set to deliver major enhancements to the currency of TLA. As you will remember, Thomson Reuters undertook to increase the TLA publishing program by 30% during 2006, 50% during 2009 and we are pleased to advise that in 2012 this target is a further 33% increase. This means our dedicated TLA editorial team is publishing 80 Subtitles of updated TLA content a year.

This expanded publishing program will remain ongoing into 2013 and beyond and will continue to strengthen TLA as a first point of reference for customer research.

GOING TO PRESS …

We are committed to sustaining the momentum of our publishing program into 2013 and beyond. To give you a sense of what you can expect, the following Subtitles are expected to be published in the final months of this year and early part of next year:

• Business Organisations: 4.7 – Company Winding Up
• Civil Procedure: 5.9 – Appeals
• Communications new subtitle: 6.2 – Criminal Defamation, 6.9 – Internet Law
• Contracts: Specific: 8.4 – Sale of Goods
• Criminal Sentencing: 12.8 – Post-custodial Orders
• Dispute Resolution: 13.5 – Mini-trial, 13.7 – Arbitration
• Environment and Natural Resources:14.2 – Planning: Central and Regional
• Family Law: 17.11 – Child Support
• Finance, Banking and Securities: 18.9 – Securities
• Government: 19.5 – Federal Constitutional System
• Health and Guardianship: 20.1 – Health Rights and responsibilities, 20.5 – Public Health and Infectious Diseases
• International Trade: 24.4 – International taxation
• Interpretation: 25.2 – Subordinate Legislation Interpretation, 25.3 – Non-Statutory Interpretation, 25.4 – Judicial Holdings
• Real Property: 28.17  – Land Acquisition
• Revenue Law: 31.12 – Administration

In July 2012 The Laws of Australia (TLA) team was able to schedule another meeting with TLA’s Editor in Chief, The Hon. Michael Kirby AC CMG. Michael Kirby plays an invaluable role on The Laws of Australia, advising on the prioritisation of publishing and the direction of legal developments generally.

Our agenda for this meeting was reviewing our publishing highlights, detailing our commissioning priorities, tracking our TLA book publishing progress and enlisting Michael Kirby’s assistance on difficult commissioning projects. We also enjoyed a morning tea with the full TLA editorial team. As always, it was a valuable and productive meeting and we thank Michael Kirby once again for his time and for his leadership of The Laws of Australia’s development.

The most exciting part of the day was that Michael Kirby offered to answer some questions about his role as TLA Editor-in-Chief .

Are you interested in knowing what his role entails?

Or what he most wants to achieve?

Or why he recommends TLA as his preferred encyclopedia?  

Click here to watch!

Subtitle 7.4 Terms Westlaw AU / Legal Online

Updated by Elle Curran, Legal Editor, The Laws of Australia

This update references consequential legislative changes as a result of the new Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) as it impacts contractual terms and consumer transactions, as well as the National Credit Code under the National Consumer Credit Protection Act 2009 (Cth).

This Subtitle is also published as part of the timely forthcoming release of the Second Edition of Contract: General Principles – The Laws of Australia, available as a softcover book in 2012.

Subtitle 7.6 Breach Westlaw AU / Legal Online

Updated by Dr Paul Vout, Member of the Victorian Bar

This Subtitle examines the rights, requirements and consequences that arise when a party does not, or cannot, perform their obligations under the contract. It focuses on the construction of terms and circumstances giving rise to a right termination of contract for breach (as well as requirements for exercising a right to terminate), which in turn raises the issue of the availability of remedies. This discussion deals with the interaction of general contract law with statutory regimes under the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) and the National Consumer Credit Protection Act 2009 (Cth).

This update provides expanded commentary on the implications of landmark decisions such as Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115; 82 ALJR 345; [2007] HCA 61; Sopov v Kane Constructions Pty Ltd (2007) 20 VR 127; [2007] VSCA 257; Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; 83 ALJR 196; [2008] HCA 57; Visscher v Giudice (2009) 239 CLR 361; 83 ALJR 1068; [2009] HCA 34.

This Subtitle is also published as part of the timely forthcoming release of the Second Edition of Contract: General Principles – The Laws of Australia, available as a softcover book in 2012.

Subtitle 7.9 Remedies Westlaw AU / Legal Online

Updated by Emeritus Professor JLR Davis, Emeritus Professor of Law, Australian National University

There are a considerable variety of remedies for a breach of contract, the most common of which is the payment of damages. This update discusses the doctrine of penalties in Australia as examined in Interstar Wholesale Finance Pty Ltd v Integral Home Loans Pty Ltd (2008) 257 ALR 292; [2008] NSWCA 310, Diakos v Mason [2010] SASCFC 37, Ange v First East Auction Holdings Pty Ltd (2011) 284 ALR 638; [2011] VSCA 335 and Andrews v Australia & New Zealand Banking Group Ltd (2011) 86 ACSR 292; [2011] FCA 1376.

This Subtitle is also published as part of the timely forthcoming release of the Second Edition of Contract: General Principles – The Laws of Australia, available as a softcover book in 2012.

Subtitle 13.3 Expert Determination Westlaw AU / Legal Online

Updated by Meng Yen Phua, Legal Editor, The Laws of Australia

This Subtitle addresses expert determination, a kind of dispute resolution process in which an independent expert in the field relevant to the dispute is asked to determine the matter. This Subtitle considers the rules governing the expert determination process, including both binding and non-binding determinations. The commentary covers features particular to expert determination, including assessments, references, early neutral evaluation and case appraisals.

Subtitle 14.7 Biodiversity Westlaw AU / Legal Online

Updated by Natasha Hammond-Deakin, Senior Solicitor, Environmental Defender’s Office (NSW), Kirsten Miller, Director, Legislation and Policy Section of the Commonwealth Department of Sustainability, Environment, Water, Population and Communities and Jeff Smith, Executive Director, Environmental Defender’s Office (NSW)

This Subtitle deals with the legal concepts and regulatory frameworks that attempt to protect biodiversity throughout Australia. The commentary addresses categories of both terrestrial and marine protected areas, and the processes in place to create, dismantle, enforce and manage these protected areas. Substantial consideration is given to threatened species, including methods for the listing of threatened species, communities and threatening processes, as well as subsequent planning and management strategies. Commentary is also provided on the voluntary agreements governments and land-holders may enter into for the purposes of conservation and land management. This significant update includes new commentary on environmental offsets schemes that allow developers to offset the environmental impact of development, and captures the findings of the Hawke Report, the 10-year review required under the Environmental Protection and Biodiversity Conservation 1999 (Cth).

Subtitle 19.7 Practice and Procedure Westlaw AU / Legal Online

Updated by Justin Carter, Barrister, Queensland

This Subtitle examines the manner in which the Australian judicial system addresses constitutional matters. The original and appellate jurisdiction of the High Court is examined, as is the constitutional jurisdiction of other courts and tribunals. Consideration is given to the doctrines of standing and justiciability, High Court procedure for dealing with constitutional questions, interlocutory proceedings and evidence in constitutional cases, the nature of relief available for successful constitutional challenges, and the awarding of costs in the High Court. Legislation relevant to procedure is discussed, including the High Court Rules 2004 (Cth). Reference is made to longstanding case law as well as more recent cases, including Pape v Federal Commissioner of Taxation (2009) 238 CLR 1; 83 ALJR 765; 72 ATR 580; [2009] HCA 23; Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; 83 ALJR 951; [2009] HCA 27; Betfair Pty Ltd v Racing New South Wales (2012) 86 ALJR 418; [2012] HCA 12; Williams v Commonwealth [2012] HCA 23.

Subtitle 26.6 Regulation of Industrial Organisations Westlaw AU / Legal Online

Updated by Lucy Hartland, Legal Editor, The Laws of Australia

This comprehensively updated Subtitle examines the legislative framework regulating the federal industrial relations system in Australia, with particular focus on the Fair Work reforms being introduced on an ongoing basis, including the Fair Work Act 2009 (Cth); Fair Work (Registered Organisations) Act 2009 (Cth); Fair Work (Registered Organisations) Amendment Act 2012 (Cth); and Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth). This legislation is considered in reference to the rights and obligations of industrial organisations, including in relation to registration, rules and membership. The discussion covers issues relating to the role of employee organisations in the workplace, including rights of entry and the system of modern awards and enterprise agreements, and considers the types of industrial action, both as protected under the Fair Work Act 2009 and specifically in the building industry under the operation of the former Building and Construction Industry Improvement Act 2005 (Cth). This update also examines recent authorities, including decisions pertaining to the Health Services Union: see Jackson v Mylan [2012] NSWSC 552; Brown v Health Services Union [2012] FCA 644.

 August 2012 planned updates

(please note that updates are subject to change)

• 13 Dispute Resolution 13.7 “Arbitration”
• 20 Health & Guardianship 20.1 “Health Rights and Responsibilities”
• 28 Real Property 28.17 “Land Acquisition”
• 31 Revenue Law 31.14 “Calculation of Tax Payable”
• 32 Sport & Leisure 32.3 “Dispute Resolution”

Subtitle 7.2 Vitiating Factors  Westlaw AU / Legal Online

Updated by Emeritus Professor JLR Davis, Emeritus Professor of Law, Australian National University and Professor Andrew Stewart, John Bray Professor of Law, University of Adelaide

This Subtitle provides clarification on the factors which may render a contract between parties ineffective or unenforceable for lack of formality, mistake or illegality. This discussion explores the impact of these factors in the law of contract generally, the implications of statutory provisions, and avenues of redress. This update includes reviewed commentary on the concept of mistake and relief in equity and at common law, and expanded discussion on the treatment of illegality and public policy, including consideration of recent case developments, including Equuscorp Pty Ltd v Haxton (2012) 86 ALJR 296; 286 ALR 12; [2012] HCA 7; Ashton v Pratt [No 2] [2012] NSWSC 3; Miller v Miller (2011) 242 CLR 446; 85 ALJR 480; 275 ALR 611; [2011] HCA 9; Tipperary Developments Pty Ltd v Western Australia (2009) 38 WAR 488; 258 ALR 124; [2009] WASCA 126; Master Education Services Pty Ltd v Ketchell (2008) 236 CLR 101; 82 ALJR 1322; 249 ALR 44; [2008] HCA 38.

Subtitle 7.3 Parties  Westlaw AU / Legal Online

Updated by Emeritus Professor JLR Davis, Emeritus Professor of Law, Australian National University

This subtitle details the law governing parties to a contract. It covers issues such as who may be a party to contract, the capacity to be a party to a contract, the doctrine of privity and the right to assign contractual title. Seminal cases, such as Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107; 62 ALJR 508; 80 ALR 574; 5 ANZ Ins Cases 60-873; 6 BCL 97, and relevant legislation, including the Minority (Property and Contracts) Act 1970 (NSW), support the discussion of this area of law.
 
Subtitle 18.3 Regulation of Financial Institutions and Payment Systems  Westlaw AU / Legal Online

Updated by PM Weaver, Senior Manager Regulatory Affairs, Westpac Banking Corporation and Sarah Ahern, Legal Editor, The Laws of Australia

This subtitle explores the regulatory schemes that govern financial institutions and payment systems in Australia. Relevant statutes discussed in this update include: the Banking Amendment (Covered Bonds) Act 2011 (Cth); the new Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and also the Proceeds of Crime Act 2002 (Cth), which extends the confiscation regime to proceeds of civil offences. The update also comments on revisions to the Electronic Funds Transfer Code of Conduct and the Code of Banking Practice. Lastly, International schemes are examined, including the International Funds Transfer process and the expansion of lending measures via the International Monetary Fund that were implemented in response to the Global Financial Crisis of 2008/2009.

Subtitle 21.7 Life, Health and Welfare  Westlaw AU / Legal Online

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This update discusses the manner in which the Human Rights Act 2004 (ACT) (ACT Charter) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Victorian Charter) impact on the Australian law, particularly in the areas of protecting the human right to life and the rights of persons with disabilities generally. This update also discusses the recent decision of the High Court in Momcilovic v The Queen (2011) 209 A Crim R 1; 85 ALJR 957; [2011] HCA 34, which is the only decision of the High Court to consider the operation of the ACT Charter and the Victorian Charter.

Subtitle 23.2 Designs  Westlaw AU / Legal Online

Updated by Gavin Adkins, Lawyer and Patent Attorney, EKM Legal

This Subtitle reviews the various elements of the definition of “design” and the requirements which must be met before a design may be published or registered. This update includes references to new cases such as Sydney v Streetscape Projects (Aust) Pty Ltd (2011) 94 IPR 35; [2011] NSWSC and ED Oates Pty Ltd v Edgar Edmondson Imports [2012] FCA 356.

Subtitle 34.4 Admiralty  Westlaw AU / Legal Online

Updated by Dr Stephen Tully, Senior Lecturer, University of Sydney and Legal Officer, Migration and Refugee Review Tribunals

This subtitle provides a commentary on Australian law relating to admiralty jurisdiction, as derived from the Constitution and the Admiralty Act 1988 (Cth). The subtitle contains detailed discussion of proprietary and general maritime claims, maritime and statutory liens, and statutory rights of action, and provides commentary on developments in the case law, such as Elbe Shipping SA v The Global Peace (2006) 154 FCR 439; [2006] FCA 954; CSL Australia Pty Ltd v Formosa (2009) 235 FLR 273; [2009] NSWCA 363; and Safezone Pty Ltd v The Island Sun [2005] FCA 1787. The update also outlines the application of international conventions in maritime law, with reference to the modified version of amendments to the Hague Rules in Sch 1A of the Carriage of Goods by Sea Act 1991 (Cth).