Latest updates

Seven TLA subtitles have been updated in September, on a range of important topics. In 2010 to date, we have updated 65% more subtitles than in the same period of 2009. We will continue this high level of updating for the rest of this year and beyond.

Business Organisations 4.8 Non-corporate Organisations [4.8.4] – [4.8.148]

Updated by Dr Keith Fletcher, Senior Lecturer, University of Sydney

This update includes updates to material on Partnership law, incorporating new material on the incorporated limited partnership, a development that followed the enactment of the Venture Capital Act 2002(Cth). It also updates the law of non-profit associations, including unincorporated and incorporated forms. It includes consideration of recent cases such as Islamic Council of South Australia Inc v Australian Federations of Islamic Councils Inc [2009] NSWSC 211 and Randazzo v New South Wales Sport Aircraft Club [2009] NSWSC 1473.

Criminal Sentencing 12.1 Purposes of Sentencing

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

This Subtitle addresses the sentencing principles articulated by the legislatures and the courts. This update features new commentary on areas such as the principle of parity, consistency in sentencing and totality. Recent cases, such as R v Walkuski [2010] SASC 146 and Stubley v Western Australia [2010] WASCA 36, are discussed, as well as Lodhi v The Queen(2007) 179 A Crim R 470, which focuses on the importance of the safety of the public when determining sentences.

Dispute Resolution 13.1 Overview of Dispute Resolution

Updated by Melissa Purdy, Legal Officer, Department of Immigration and Citizenship

This Subtitle provides an overview of the range of techniques available in resolving disputes, other than formal litigation, and covers general issues of relevance to dispute resolution including areas of use, the legal profession’s responsibilities with respect to ADR (with reference to O’Connor v Australian Postal Corp (2010) 52 AAR 94; [2010] AATA 504) and critical issues such as confidentiality and whether or not participation in ADR should be mandatory.

Environment and Natural Resources 14.6 Environmental Harm: Pollution Control and Hazardous Substances [14.6.199] – [14.6.394]

Updated by Professor Zada Lipman, Macquarie University and University of Sydney

This update covers significant changes to law regarding marine pollution, the export, import and transit of hazardous waste and hazardous chemicals in all jurisdictions. This includes references to changes made by international law to domestic legislation and new revised discussion on the law regarding harmful anti-fouling systems, civil liability for marine pollutions schemes and bunker oil pollution. This is the second instalment of a series of comprehensive updates to this Subtitle.

Equity 15.1 History and Nature of Equity

Updated by David Wright, Senior Lecturer, School of Law, University of Adelaide

This Subtitle provides an overview of the history and nature of equity, its maxims, some of the foundational concepts of equitable jurisdiction, and of equitable estates and interests in property. It serves as a general introduction to the material in the rest of Title 15 Equity.

Equity 15.2 Fiduciaries

Updated by David Wright, Senior Lecturer, School of Law, University of Adelaide

With expanded commentary on the identification and scope of fiduciary relationships, this update discusses recent High Court authorities clarifying the area, beginning with John Alexander’s Clubs Pty Ltd v White City Tennis Club Ltd (2010) 84 ALJR 446; 2 ASTLR 553; 266 ALR 462; [2010] HCA 19; Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; 81 ALJR 1107; 2 BFRA 5; 236 ALR 209; [2007] HCA 22 (on informed consent), and added case law on discrete categories: Bell Group Ltd (in liq) v Westpac Banking Corp [No 9] (2008) 225 FLR 1; 70 ACSR 1; [2008] WASC 239 (on directors); Aequitas Ltd v AEFC Leasing Pty Ltd (2001) 19 ACLC 1,006; [2001] NSWSC 14 (on agents and promoters); Friend v Brooker (2009) 239 CLR 129; 83 ALJR 724; 255 ALR 601; 72 ACSR 1; 27 ACLC 781; [2009] HCA 21 (on partners); University of Western Australia v Gray (2009) 179 FCR 346; 259 ALR 224; 82 IPR 206; [2009] FCAFC 116 (on employees); and Trevorrow v South Australia [No 5] (2007) 98 SASR 136; [2007] SASC 285 (on guardians).

Torts 33.6 Strict Liability

Updated by Charmaine Lye, Barrister, Supreme Court of Victoria

Strict liability refers to liability which arises in the absence of fault. This update provides revised discussion on the topic of strict liability under the common law and statute. References to recent legislative amendments and case law are included.

Forthcoming updates

The following subtitles are scheduled for updating in the next month.

• Bankruptcy 3.9 “Property of the Estate”
• Business Organisations 4.1 “Company Formation” and 4.8 “Non-corporate Organisations” Ch 4 (joint ventures)
• Civil Procedure 5.2 “Pleadings and Amendment”
• Environment and Natural Resources14.6 “Environmental Harm: Pollution Control and Hazardous Substances” Chs 6-9 (agricultural and veterinary chemicals; dangerous goods and explosives; radioactive substances; poisons)
• Finance, Banking and Securities 18.5 “Negotiable Instruments”
• Intellectual Property 23.1 “Copyright Ch 8 (remedies for infringement and other breaches)
• Transport 34.2 “Aviation” Ch 18 (liabilities in air carriage)

For a complete list of forthcoming updates, visit The Laws of Australia homepage.

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