October 2012 Highlights

Subtitle 5.9 Appeals Westlaw AU / Legal Online

Updated by David O’Brien, Partner, Minter Ellison Lawyers

This Subtitle explains the law relating to civil appeals in Federal, State and Territorial law and incorporates references to the new civil procedure rules in including the Federal Court Rules 2011 (Cth), Court Procedure Rules 2006 (ACT), Uniform Civil Procedure Rules 2005 (NSW), Supreme Court Civil Rules 2006 (SA) and Supreme Court (General Civil Procedure) Rules 2005 (Vic). This Subtitle also includes examination of recent case law related to civil appeals.

Subtitle 13.7 Arbitration Westlaw AU / Legal Online

Updated by Professor Doug Jones, Partner, Clayton Utz

This Subtitle has been updated to take into account the enactment of the new Uniform Commercial Arbitration Acts in most Australian jurisdictions since 2010, and comparing them where relevant with the previous Commercial Arbitration Acts, which continue to operate, at the time of writing, in the Australian Capital Territory, Queensland and Western Australia. International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth), which is examined in this update in the context of the amendments made to this Act by the International Arbitration Amendment Act 2010 (Cth).

Subtitle 27.8 Valuers Westlaw AU / Legal Online

Updated by Andrew George, Barrister at Law

This Subtitle examines the common law and statutory duties of a valuer in the course of their profession. The parallels between the law governing the actions of valuers and contract and tort law are discussed. Limitation of liability which arises from breach of duty and is subject to different legal causes of action is assessed in conjunction with the damages that subsequently arise and at what rate to calculate such damages.

Subtitle 32.3 Dispute Resolution Westlaw AU / Legal Online

Updated by Jeremy Kam and Emma Monger, The Laws of Australia Editorial Department

This Subtitle update on dispute resolution in sport takes into account such developments as the commencement of the Competition and Consumer Act 2010 (Cth), and more relevantly, the enactment of the new Uniform Commercial Arbitration Acts in most jurisdictions.

Subtitle 33.2 Negligence Westlaw AU / Legal Online

Updated by Andrew Felkel, Barrister and Solicitor, Supreme Court of Victoria; Charmaine KM Lye, Barrister and Solicitor, Supreme Court of Victoria; and Toby Mullen, Barrister, Victorian Bar

Negligence is one of the most dynamic areas of law. This Subtitle has been updated to take into account recent judicial treatment of the fundamental principles of negligence, including duty of care, foreseeability, proximity and reliance. The Subtitle includes the latest amendments to legislation in all jurisdictions and the latest cases, including Miller v Miller (2011) 242 CLR 446; 85 ALJR 480; [2011] HCA 9, Imbree v McNeilly (2008) 236 CLR 510; 82 ALJR 1374; [2008] HCA 40 and Derring Lane Pty Ltd v Fitzgibbon (2007) 16 VR 563; [2007] VSCA 79.

November 2012 planned updates

(please note that updates are subject to change)

• 13 Dispute Resolution 13.4 “Case Management”
• 19 Government 19.5 “Federal Constitutional System”
• 26 Labour Law 26.2 “Discrimination”
• 27 Professional Liability 27.6 “Brokers”
• 31 Revenue Law 31.14 “Calculation of Tax Payable”
• 33 Torts 33.4 “Product Liability”