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The Laws of Australia Update 343

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Content updates

The following Subtitles are now updated and available on Westlaw AU:

Criminal Offences 10.2 "Assault and Related Offences"; Equity 15.8 "Injunctions"; Real Property 28.6 "Rule against Perpetuities"

Criminal Offences 10.2 “Assault and Related Offences”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University

This update includes discussion of the term “grievous bodily harm” in the context of a fatal injury involving a pregnant woman. Also included is discussion of the law in the Northern Territory and Tasmania in relation to the termination of a pregnancy and the responsibilities of the relevant medical practitioner.

Key Legislation: Termination of Pregnancy Law Reform Act 2017 (NT); Reproductive Health (Access to Terminations) Act 2013 (Tas); Crimes Act 1958 (Vic).

Equity 15.8 “Injunctions”
Updated by Professor Samantha J Hepburn, Professor, School of Law, Deakin University

This Subtitle provides a concise statement of the law concerning injunctions. This update discusses the important factor of whether irreparable injury will occur if an injunction is not granted, as featured in Telstra Corp Ltd v Singtel Optus Pty Ltd [2018] VSC 247. The update also provides commentary on the doctrine of laches and how delay may be grounds for refusing injunctive relief.

Key Cases: Telstra Corp Ltd v Singtel Optus Pty Ltd [2018] VSC 247; CSR Ltd v Amaca Pty Ltd [2016] VSCA 320; Chamberlain Early Learning Centre Pty Ltd v Chamberlain Group Pty Ltd [2015] NSWSC 751; Severstal Export GmbH v Bhushan Steel Ltd (2013) 84 NSWLR 141; [2013] NSWCA 102.

Real Property 28.6 “Rule against Perpetuities”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle covers the common law and statutory rules governing perpetuities. This update provides commentary on the exceptions to rules against perpetuities, specifically in relation to the grant of a right to use sewers and drains under a private road being declared void.

Key Cases: Newham v Lawson (1971) 22 P & CR 852.

Update 344 currently scheduled updates (subject to change):

  • Business Organisations 4.8 “Non-corporate Organisations”
  • Contracts: Specific 8.9 “Electronic Contracts”
  • Human Rights 21.8 “Families and Education”
  • Labour Law 26.4 “Awards and Workplace Agreements”
By The Laws of Australia

The Laws of Australia (TLA) team is a group of legally trained editors working exclusively on Thomson Reuters’ legal encyclopaedia.

TLA editors are particularly dedicated to maintaining the accuracy and currency of the encyclopaedia, ensuring it is a relevant research tool for both students and practitioners. TLA covers over 300 separate areas of law across all Australian jurisdictions, making it the ideal starting point for researching unfamiliar areas of the law.

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