Business Organisations 4.9 “Financial Services Regulation”
Updated by Dr David Morrison, Reader in Law, The University of Queensland

This Subtitle covers financial services regulation in its broadest sense, apart from takeover bid controls. This update discusses reform in the area of increased professional standards to ensure ethical standards of financial advisers. The introduction of ASIC’s new Market Integrity Rules, designed to strengthen stakeholder obligations to deal with technological developments and expectations with respect to the regulation of operations within Australia is also featured.

Key Legislation: Corporations Act 2001 (Cth).

Civil Procedure 5.1 “Initiating Process, Service and Appearance”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle deals with the various procedures for the commencement of proceedings existing across jurisdictions. This update focuses on the originating process in South Australia and what is required of an applicant.

Key Legislation: Uniform Civil Rules 2020 (SA).

Contracts: Specific 8.6 “Guarantees”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle deals with the special principles, rights and remedies applicable to contracts of guarantee and the effect which the tripartite nature of the relation between guarantor, debtor and creditor has on the application of these general principles of contract law. This update discusses the Australian Banking Association’s Code of Banking Practice.

Key Legislation: Australian Consumer Law.

Criminal Offences 10.10 “Public Order”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle is about “public order laws”, which are fundamentally concerned with the maintenance and preservation of social order. This update discusses the exercise of peaceful assembly rights, particularly with respect to COVID-19 restrictions and mandates.

Key Legislation: Human Rights Act 2019 (Qld).

Criminal Offences 10.11 “Administration of Law and Justice”
Updated by Professor Mirko Bagaric, Professor and Dean of Law, Swinburne University of Technology

This Subtitle covers the nature, principles and procedural aspects of contempt as well as other offences related to the administration of justice.

Key Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth).

Criminal Procedure 11.12 “Criminal Injuries Compensation”
Updated by Professor Mirko Bagaric, Professor and Dean of Law, Swinburne University of Technology

The general principles and scope of compensation orders made by assessors, magistrates, judges and tribunals form the subject matter of this Subtitle. This update discusses the entitlement of compensation and financial assistance for victims of acts of violence.

Key Legislation: Victims of Crime (Financial Assistance) Act 2016 (ACT); Victims of Crime Assistance Regulations 2021 (Tas).

Environment and Natural Resources 14.12 “Mining”
Updated by Dr Andrew J Cannon AM FAAL, Adjunct Professor, Adelaide and Flinders Universities

This Subtitle explains the regulation of mining in each Australian jurisdiction. This update discusses the increasing concern about the environmental impact of mining, as well as “mineral rights” and private mines. Also discussed is the process involved with applying for a mining lease or licence.

Key Legislation: Land Court Rules 2022 (Qld); Mining Act 1971 (SA).

Human Rights 21.3 “Machinery”
Updated by Bronwyn Byrnes, Barrister and Chris Ronalds, Barrister

This Subtitle covers the machinery for enforcement of human rights and discrimination laws at both the State and federal level. This update discusses the Queensland Human Rights Commission and the process of investigation when a complaint is made. The Australian Human Rights Commission is the main focus of this update, featuring commentary on its function.

Key Legislation: Human Rights Act 2019 (Qld); Federal Circuit and Family Court of Australia Act 2021 (Cth); Racial Discrimination Act 1975 (Cth).

Restitution 29.1 “Restitution”
Updated by Dr Nicholas A Tiverios, Senior Lecturer, Faculty of Law, University of Western Australia

This Subtitle provides an in-depth discussion of the law of restitution. This update addresses the distinction between “restitution” and “unjust enrichment”, as well as discussing the equitable notion of unconscionability.

Key Cases: Trimat Holdings Pty Ltd v Investment Club Pty Ltd [2022] WASCA 29; Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560; [2019] HCA 32; Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199; [2015] FCAFC 50.

Revenue Law 31.7 “Partnerships”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle considers both the general law principles and statutory framework governing the taxation of partnerships. This update sets out the Australian Taxation Office guidelines explaining its administrative treatment of the acquisition and disposal of interests (practice interests) in “no goodwill” professional partnerships, as well as guidelines concerning the allocation of profits of professional firms. Also featured is discussion in relation to the taxation of investments in foreign hybrids.

Key Legislation: Income Tax Assessment Act 1997 (Cth).

Currently scheduled upcoming updates (subject to change):

• Civil Procedure 5.3 “Discovery and Interrogatories”
• Civil Procedure 5.8 “Equity Proceedings”
• Criminal Law Principles 9.4 “Extradition and Mutual Assistance in Criminal Matters”
• Finance, Banking and Securities 18.4 “Bank Customer Relationship”
• Government 19.3 “Executive”