Business Organisations 4.2 “Company Management”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle contains an exposition of the law which covers the activities of members in their meetings, the role and powers of directors and their accountability. This update lays out the role of an administrator when they have been appointed to a company, as well as discussing when the court may make civil penalty orders against a director for contravention of a civil penalty provision.

Key Cases: Wright v Lemon [2020] WASC 33.
Key Legislation: Corporations Act 2001 (Cth).

Civil Procedure 5.11 “Private International Law”
Updated by Damien J Cremean, Adjunct Professor, University of Queensland

This Subtitle is a comprehensive overview of jurisdiction, choice of law and foreign judgments. This update discusses Kong v Yan [2021] SASC 82, which addressed what constituted to be an appropriate forum when dealing with a foreign court.

Key Cases: Price v Spoor (2021) 95 ALJR 607; [2021] HCA 20; Kong v Yan [2021] SASC 82; A Nelson & Co Ltd v Martin & Pleasance Pty Ltd [2021] FCA 754; Feeley v Zaghloul [2018] WASC 16.  
Key Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth).

Equity 15.2 “Fiduciaries”
Updated by David Wright, Solicitor

This Subtitle explores the scope and content of fiduciary relationships. This update extensively discusses Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd (2017) 259 FCR 43; [2017] FCAFC 141, where the Court considered when fiduciary obligations will be found outside the established categories. Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1; 92 ALJR 918; [2018] HCA 43 is also discussed, regarding the principles governing the causal link required for the imposition and calculation of an account of profits.

Key Cases: Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd (2017) 259 FCR 43; [2017] FCAFC 141; Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1; 92 ALJR 918; [2018] HCA 43.

Equity 15.3 “Contribution, Subrogation and Marshalling”
Updated by Associate Professor Normann Witzleb, Adjunct Associate Professor, Faculty of Law, Monash University

This Subtitle defines the equitable doctrine of contribution and explains the nature of the doctrine. This update discusses statutory limitation periods which apply to claims sought to be enforced by subrogation, as well as Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; 93 ALJR 807; [2019] HCA 20, where the High Court resolved a vexing issue relating to the distribution of trust assets where the trust is administered by a corporate trustee that becomes insolvent.

Key Cases: Smits v Cugola (2021) 8 QR 175; [2021] QSC 164; Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; 93 ALJR 807; [2019] HCA 20; Barber v De Prima (2018) 126 ACSR 253; 97 NSWLR 932; [2018] NSWSC 60.   
Key Legislation: Corporations Act 2001 (Cth).

Finance, Banking and Securities 18.1 “Money, Currency and Payment Systems”
Updated by Stephen Cremean, Associate, Kennedys

This Subtitle reviews money, currency and payment systems within Australia. This update discusses whether currency should be extended to digital tokens such as cryptoassets and cryptocurrencies.

Key Cases: Ruscoe v Cryptopia Ltd (in liq) [2020] NZHC 728.

Finance, Banking and Securities 18.3 “Regulation of Financial Institutions”
Updated by Dr David Morrison, Reader in Law, University of Queensland

This Subtitle provides an overview of the way in which financial institutions and payment systems are regulated. This update extensively discusses the Code of Banking Practice and the Australian Financial Complaints Authority.

Key Legislation: Corporations Act 2001 (Cth).

Health and Guardianship 20.10 “Births and Deaths”
Updated by Professor Mirko Bagaric, Professor and Dean of Law, Swinburne University of Technology

This Subtitle deals with the notification and registration of births, stillbirths and deaths together with the role of the coroner in making a finding as to the cause of certain deaths and other phenomena. This update discusses the process a coroner must complete when holding an inquest into the cause of death of a deceased person.

Key Legislation: Cemeteries and Crematoria Act 2020 (ACT); Surrogacy Act 2019 (SA); Births, Deaths and Marriages Registration Regulations 2019 (Vic).

Torts 33.4 “Product Liability”
Updated by Gayann Walker, Barrister, Victorian Bar

This Subtitle explores the liability of manufacturers and suppliers for defective products. This update focuses on Gill v Ethicon Sarl (No 5) [2019] FCA 1905, where the plaintiffs were successful in establishing liability against the defendant manufacturer of a medical device.

Key Cases: Gill v Ethicon Sarl (No 5) [2019] FCA 1905; Seeley International Pty Ltd v Millennium Electronics Pty Ltd (in Liq) (No 3) [2021] SASC 63; Ethicon Sarl v Gill [2021] FCAFC 29.

Currently scheduled upcoming updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.4 “Cultural Heritage”

• Administrative Law 2.5 “Judicial Review of Administrative Action: Procedural Fairness”

• Environment and Natural Resources 14.14 “Animals”

• Revenue Law 31.6 “Capital Gains”