Communications 6.8 “Broadcasting”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses the Broadcasting Services Act 1992 (Cth), which is the main statute dealing with the regulation of broadcasting in Australia. This update features commentary on the Australian Communications and Media Authority, in relation to licence conditions, as well as the duties of foreign stakeholders in Australian media companies.

Key Cases: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; 89 ALJR 382; [2015] HCA 7.
Key Legislation: Broadcasting Services Act 1992 (Cth); Broadcasting Services Local Programming Determination 2018 (Cth); Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 (Cth).

Contract: General Principles 7.1 “Formation”
Updated by Amanda Carruthers, Barrister, Victorian Bar

This Subtitle covers the law applicable to formation of contract, including an overview of the rights and duties arising during negotiations. This update discusses arbitration and the role of the independent arbitrator to hear evidence produced by the parties.

Key Cases: Graziano v Graziano [2010] SASCFC 76.

Contract: General Principles 7.3 “Parties”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle explores the question of who may be a party to a contract. This update discusses the difference between an assignment and an agreement to assign, as well as how each party to a contract must be a recognised legal entity and if the Crown may enter into contracts.

Key Cases: Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91; Williams v Commonwealth (2012) 248 CLR 156; 86 ALJR 713; [2012] HCA 23.
Key Legislation: Corporations Act 2001 (Cth).

Criminal Offences 10.1 “Homicide”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

The focus of this Subtitle is on the various forms of homicide and criminal law principles specifically relevant to unlawful killing. This update discusses the High Court of Australia decision of Swan v The Queen (2020) 94 ALJR 385; [2020] HCA 11, where it was found that causation in homicide was open to the jury in circumstances where the victim was subjected to a severe assault and died eight months later following his refusal to undertake life-saving treatment.

Key Cases: Swan v The Queen (2020) 94 ALJR 385; [2020] HCA 11; Irwin v The Queen (2018) 262 CLR 626, 92 ALJR 342; [2018] HCA 8; Carkeek v Western Australia (2016) 259 A Crim R 470; [2016] WASC 201.

Criminal Offences 10.8 “Companies and Securities Offences”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle deals with liability for company and securities offences, including offences under the Corporations Act 2001 (Cth). This update features commentary on the rules contained in the Act which apply to both offers of securities for issue sale and offering securities for sale inviting offers to purchase the securities.

Key Legislation: Corporations Act 2001 (Cth).

Criminal Offences 10.9 “Motor Vehicle Offences”
Updated by William Prizeman, Barrister, Legal Aid Queensland

In this Subtitle, offences expressly related to the driving or the use of motor vehicles are examined in respect of all Australian jurisdictions. This update discusses in detail Arpaci v The Queen [2020] VSCA 81, where the appellant was found guilty of two charges of culpable driving causing the deaths of the driver and passenger of another vehicle after that vehicle crashed during a high speed race with the appellant.

Key Cases: Arpaci v The Queen [2020] VSCA 81; R v Moody [2016] QCA 92.

Environment and Natural Resources 14.10 “Forests”
Updated by Jessica Simpson, Legal Counsel, Northern Beaches Council

This Subtitle contains description and comment on various aspects of forests law. This update discusses the Comprehensive, Adequate and Representative (CAR) National Reserve System which was established to maintain the ecological processes with forests, as well as Australia’s Strategy for Nature 2019–2030 and the 2030 Agenda for Sustainable Development.

Key Cases: Friends of Leadbeaters Possum Inc v VicForests (No 4) [2020] FCA 704.
Key Legislation: Regional Forest Agreements Act 2002 (Cth); Illegal Logging Prohibition Act 2012 (Cth); Forestry Act 2012 (NSW); Forest Management Act 2013 (Tas).

Labour Law 26.7 “Regulation of Industrial Conflict”
Updated by Dr Victoria Lambropoulos, Barrister, Victorian Bar

This Subtitle is concerned with the controls imposed by the common law and statute on industrial conflict. This update discusses Adams v Director of the Fair Work Building Industry Inspectorate (2017) 258 FCR 257; 277 IR 161; [2017] FCAFC 228 and Director of the Fair Work Building Industry Inspectorate v McCullough [2016] FCA 1291, which both dealt with whether workers attending a rally was alleged industrial action. Also discussed is the objectives of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Code for the Tendering and Performance of Building Work 2016 (Cth).

Key Cases: Adams v Director of the Fair Work Building Industry Inspectorate (2017) 258 FCR 257; 277 IR 161; [2017] FCAFC 228; Director of the Fair Work Building Industry Inspectorate v McCullough [2016] FCA 1291.
Key Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth).

Update 362 currently scheduled updates (subject to change):

• Contract: General Principles 7.8 “Discharge”
• Dispute Resolution 13.5 “Mini-trial”
• Family Law 17.18 “Injunctions”
• Revenue Law 31.5 “Tax Accounting and Trading Stock”
• Sport and Leisure 32.4 “Liability”