Latest Updates

Bankruptcy 3.5 Acts of Bankruptcy

Updated by Associate Professor David Brown, Adelaide Law School, University of Adelaide

This Subtitle discusses the several ways in which a debtor commits an act of bankruptcy. It also contains an in-depth discussion of bankruptcy notices, in which the issues of service of a bankruptcy notice and compliance with a bankruptcy notice are fully explained. Recent cases, such as Puels v Exelerate Funding Pty Ltd (2005) 214 ALR 616; [2005] FCAFC 38 and James v Deputy Federal Commr of Taxation [2010] FMCA 106, are discussed in the contexts of acts of bankruptcy and bankruptcy notices, respectively. The Bankruptcy Act 1966 (Cth) is examined in detail, and recent amendments to the Act have also been addressed.

Communications 6.3 Injurious Falsehood

Updated by Natalie Buck, Solicitor, Banki Haddock Fiora

This Subtitle discusses law of injurious falsehood and its relationship to defamation. This update addresses important legal developments in the area, particularly the influential High Court case of Palmer Bruyn & Parker Pty Ltd v Parsons(2001) 208 CLR 388; 76 ALJR 163; 185 ALR 280; [2002] Aust Torts Reports 81-630; [2001] HCA 69 and other notable decisions. Pertinent issues such as elements of an action, standing, defences and remedies are examined in the context of the most recent judicial thinking in the area of injurious falsehood in Australia.

Communications 6.7 Radiocommunications

Updated by Valeska Bloch, Lawyer, Allens Arthur Robinson

Radiocommunications law regulates the allocation of portions of the radiofrequency bands of the electromagnetic spectrum and prescribes the kinds of devices, manner of operation, and persons who may operate devices associated with the generation of radiofrequency emissions. This update discusses the Australian Communications and Media Authority Act 2005(Cth), which established the Australian Communications and Media Authority. Featured is commentary in relation to the preparation of a digital radio channel plan, datacasting transmitter licences, as well as in-depth discussion of digital radio multiplex transmitter licences.

Criminal Procedure 11.6 Pre-trial Procedure

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

This Subtitle deals with procedural aspects that characterise the period before empanelment of juries in criminal trials. It addresses indemnities, plea or charge bargaining, and the prosecutorial discretion in instituting proceedings. It examines the choice of venue and timing of the trial, the operation of stays of proceedings and the legal obligations of the prosecutor and defence. This update reflects substantive developments instituted by the Criminal Procedure Act 2009 (Vic), and includes new commentary on recent case law, including Dupas v The Queen (2010) 241 CLR 237; 84 ALJR 488; 267 ALR; [2010] HCA 20; Osland v Secretary to Department of Justice [No 2] (2010) 241 CLR 320; 84 ALJR 528; 267 ALR 231; 116 ALD 1; [2010] HCA 24 and R v Edwards (2009) 83 ALJR 717; 255 ALR 399; [2009] HCA 20.

Criminal Sentencing 12.5 Non-custodial Orders

Updated by Danielle Andrewartha, Solicitor, PhD Candidate and Research Associate, Monash University

This rolling update takes into account various upcoming revisions to the Sentencing Act 1991 (Vic) as effected by the Sentencing Amendment Act 2010 (Vic). An overview of these changes is available at [12.5.1820].

Criminal Sentencing 12.13 Sentencing Procedure

Updated by Lucy Hartland, Freelance Legal Editor, The Laws of Australia

This Subtitle discusses aspects of the sentencing hearing including the roles of the parties, the factual basis of sentences, victim impact statements, the use of pre-sentence reports and the role of appellate courts in appeals against sentence. Recent legislation has been incorporated including the Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 (Cth), the Victims of Crime Assistance Act 2009 (Qld) and the Criminal Procedure Act 2009 (Vic).

Intellectual Property 23.3 Circuit Layouts

Updated by Professor Andrew F Christie, Davies Collison Cave Professor of Intellectual Property, University of Melbourne Law School, and Claire Agius, Law Graduate, Allens Arthur Robinson

The Circuit Layouts Act 1989 (Cth) gives protection to certain eligible layouts used in a vast range of consumer and other items, from computers, mobile phones and video games to medical and scientific equipment. This Subtitle details the scope and duration of rights in an eligible layout and permitted dealings; actions and remedies for infringement; and the defences available. This discussion examines the potential overlap between the operation of the Circuit Layouts Act 1989 and other intellectual property statutes such as the Copyright Act 1968 (Cth) (including issues of parallel importation), the Designs Act 2003 (Cth) and the Patents Act 1990 (Cth).

This review also provides expanded commentary and updated references to the new Competition and Consumer Act 2010 (Cth).