Latest updates

Five TLA subtitles on a range of important topics were updated in December 2010. In 2010 we updated 50% more subtitles than in 2009. We will continue this level of updating in 2011 and beyond.

Business Organisations 4.8 Non-corporate Organisations [4.8.2330] – [4.8.3050]

Updated by John Malon, Partner, Mallesons Stephen Jaques

This discussion covers the legislative framework and fiduciary obligations regulating managed investments schemes (and public unit trusts), and examines what constitutes a scheme, and the statutory requirements relating, inter alia, to registration, disclosure and compliance. This update includes consideration of recent case law such as Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (2009) 180 FCR 11; 260 ALR 643; 74 ACSR 447; 27 ACLC 1,610; [2009] FCAFC 147, ING Funds Management Ltd v ANZ Nominees Ltd (2009) 2 ASTLR 326; 72 ACSR 67; [2009] NSWSC 404, and references changes to the ASX Listing Rules and ASX Operating Rules as regards managed investments schemes. This update is the final instalment in a series of recent updates to this Subtitle.

Criminal Sentencing 12.9 Restitution and Compensation Orders

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

This Subtitle deals with restitution and compensation orders which are made by courts of criminal jurisdiction in relation to economic loss. Recent legislation such as the Crimes (Sentencing Act) 2005 (ACT) and the Criminal Procedure Act 2009 (Vic) are discussed, and updated reference to the Victims Compensation Support and Rehabilitation Act 1996 (NSW) is included. Recent case law, such as Liaver v Errington [2003] QCA 5; R v Foster [2009] 1 Qd R 53; (2008) 183 A Crim R 437; [2008] QCA 90 and RK v Mirik (2009) 21 VR 623; [2009] VSC 14 are considered within the context of restitution and compensation orders for economic loss.

Environment and Natural Resources 14.6 Environmental Harm: Pollution Control and Hazardous Substances [14.6.395] – [14.6.453]

Updated by Maki Watanabe, Legal Editor, The Laws of Australia

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

This discussion deals with the national registration scheme for the uniform regulation of agricultural and veterinary chemicals and pesticides (the “Agvet Code”), to safeguard public health and domestic and international trade, and minimise environmental impacts. This update is a comprehensive review and update of the principal legislation governing the control and use of agvet chemicals and pesticides in all jurisdictions except the Australian Capital Territory (which applies the Commonwealth legislation), including the Agricultural and Veterinary Chemicals Code Amendment Act 2010 (Cth), the partly commenced Biosecurity and Agriculture Management Act 2007 (WA), as well as the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) (2001) 40 ILM 532; [2004] ATS 23. This is the fourth instalment in a series of comprehensive updates to this Subtitle.

Health and Guardianship 20.6 Consent

Updated by Bernadette Richards, Senior Lecturer, University of Adelaide

This Subtitle provides in-depth coverage into the issue of consent to medical treatment. Issues such as the determination of whether an individual has capacity to consent to or refuse medical treatment, particularly in the case of minors, the mentally ill and the intellectually impaired, are considered. The landmark cases of Secretary of Department of Health & Community Services v JWB (Marion’s Case) (1992) 175 CLR 218; 66 ALJR 300; 106 ALR 385; 15 Fam LR 392; [1992] FLC 92-293; Rogers v Whitaker (1992) 175 CLR 479; 67 ALJR 47; 109 ALR 625; [1992] Aust Torts Reports 81-189 and Gillick v West Norfolk & Wisbech Area Health Authority [1986] AC 112; [1985] 3 WLR 830; [1985] 3 All ER 402 are examined in regards to consent and their impact on the current common law position, both in the United Kingdom and in Australia. Also included in the coverage is recent legislation existing across all nine jurisdictions in Australia that enables guardianship placements and/or advanced health directives to be made.

Intellectual Property 23.6 Confidential Information

Updated by Gavin Adkins BSc, LLB (La Trobe)

This Subtitle covers the law of confidential information. This update includes consideration of recent cases such as Giller v Procopets (2008) 24 VR 1; 79 IPR 489; 40 Fam LR 378; [2009] DFC 95-420; [2008] VSCA 236, Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (2009) 81 IPR 1; [2009] FCAFC 2 and Blackmagic Design Pty Ltd v Overliese (2010) 84 IPR 505; [2010] FCA 13.

Forthcoming updates

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

• Aborigines and Torres Strait Islanders 1.6 Civil Justice Issues
• Communications 6.8 Broadcasting
• Criminal Offences 10.5 Interference with Property
• Family Law 17.18 Injunctions
• Finance, Banking and Securities 18.8 Loans and Project Finance

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