Latest updates

Eight TLA subtitles on a range of important topics have been updated this month. In 2010 to date, we have updated more than twice the number of Subtitles updated in the same period of 2009. We will continue this level of updating for the rest of this year and beyond.

Bankruptcy 3.9 Property of the Estate

 This Subtitle covers the law regarding the property which can be taken by a trustee in bankruptcy. This update includes reference to recent case law, such as Randall v Deputy Federal Commr of Taxation [2008] FCA 1939, and recent amendments to the bankruptcy legislation, such as those in Personal Property Securities (Consequential Amendments) Act 2009 (Cth), among other statutes.

Business Organisations 4.1 Company Formation

Updated by Helen Van der Geest, Legal Editor, The Laws of Australia

This Subtitle discusses the law relating to the formation of registered companies, and includes topics such as the legal capacity of a company as a corporation, the mechanics of formation and registration, the types of registrable companies and the law in respect of corporate constitutions. 

Business Organisations 4.8 Non-corporate Organisations [4.8.149] – [4.8.181]

Updated by James E Fahey, Partner, Mallesons Stephen Jaques

This Subtitle covers the law regarding joint ventures, being an unincorporated association which is not a partnership formed for the purpose of undertaking a specific venture. This update includes reference to recent case law, such as John Alexander’s Clubs Pty Ltd v White City Tennis Club Ltd (2010) 84 ALJR 446; 266 ALR 462; [2010] HCA 19 and Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1; 83 ALJR 1086; 189 IR 285; 258 ALR 673; [2009] Aust Torts Reports 82-030; [2009] HCA 35.

Civil Procedure 5.2 Pleadings and Amendment

Updated by Caragh Calder-Potts, Legal Editor, The Laws of Australia

This Subtitle provides up-to-date coverage of pleadings within the civil system across all Australian jurisdictions. Included in the coverage is an analysis and comparison of the different civil procedure rules and major points of differences that exist across the jurisdictions. Case flow management principles are considered, in particular, in the area of amendments in light of the recent high court case of Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; 83 ALJR 951; 258 ALR 14; [2009] HCA 27.

Environment and Natural Resources 14.6 Environmental Harm: Pollution Control and Hazardous Substances [14.6.517] – [14.6.556]

Updated by Carlo Sta Barbara, Senior Editor, The Laws of Australia (reviewed by Professor Zada Lipman)

This update includes a comprehensive revision of the discussion on the law governing the use of radioactive substances in Australia. The national framework for radiation protection and the current licensing and registration scheme for all jurisdictions, including the Commonwealth, are considered. Recent radiation protection legislation, including the amendments concerning security sensitive radioactive substances in Queensland, are now covered in this Subtitle. This is the third instalment in a series of comprehensive updates to this Subtitle.

Finance, Banking and Securities 18.5 Negotiable Instruments

Updated by Ken Robson, Mining Executive Director

This Subtitle covers the law of negotiable instruments which relates to bank and customer, payment systems, documentary credits and contract. This update includes commentary on the liabilities and duties of collecting institutions and a discussion of such cases as Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84, Heperu Pty Ltd v Belle [2009] NSWCA 252 and MBF Australia Ltd v Malouf (2008) 3 BFRA 222; [2008] NSWCA 214.

Intellectual Property 23.1 Copyright [23.1.4900] – [23.1.5500]

Updated by Peter Knight, Partner, Banki Haddock Fiora

This update considers the remedies that are available to copyright owners for infringement, authors, performers and exclusive licensees. It also considers the numerous criminal provisions that have been introduced into the Copyright Act 1968 (Cth) and the various presumptions that apply in both civil and criminal actions.

Although many of these newer provisions are yet to receive judicial comment, this update discusses the impact of a number of recent decisions including Roadshow Films Pty Ltd v iiNet Ltd [No 3] (2010) 263 ALR 215; 83 IPR 430; [2010] AIPC 92-370; [2010] FCA 24 and Telstra Corp Ltd v Phone Directories Company Pty Ltd (2010) 264 ALR 617; 85 IPR 571; [2010] AIPC 92-372; [2010] FCA 44.

Transport 34.2 Aviation [34.2.4300] – [34.2.5470]

Updated by Dr Gary N Heilbronn, Honorary Research Fellow, Department of Business Law and Taxation, Faculty of Business and Economics, Monash University

This update focuses on the law relating to air carriage liabilities, as regards passengers, baggage and freight. Central to this topic are the international air carrier liability (IACL) rules based on the various conventions (including modified conventions) in force internationally (including the 1999 Montreal Convention) and given the force of law in Australia by the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), as well as domestic (non-international) air carriage under Pt IV of that Act.

In this update and in the context of air carriage liabilities, consumer remedies for misrepresentations and misleading or deceptive conduct are discussed with reference to relevant provisions of the Australian Consumer Law, which comes into effect on 1 January 2011.

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Forthcoming updates

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

• Environment and Natural Resources 14.6 “Environmental Harm: Pollution Control and Hazardous Substances” Ch 6 (agricultural and veterinary chemicals)
• Finance, Banking and Securities 18.8 “Loans and Project Finance”
• Human Rights 21.3 “Machinery”
• Real Property 28.1 “Principles of Real Property” and 28.16 “Possession”

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