Administrative Law 2.4 “Judicial Review of Administrative Action: Reviewable Decisions, Conduct and Powers and General Grounds” 
Updated by Damien J Cremean, Adjunct Professor, Australian Catholic University

This Subtitle addresses the nature of the decisions, conduct and power reviewable in judicial review proceedings, as well as the main grounds of review at common law and under statute. This update discusses Karmakar v Minister for Health (No 2) [2021] FCA 916 and Vergara v Chartered Accountants Australia and New Zealand [2021] VSC 34, which questioned the application of R v Panel on Take-overs & Mergers; Ex parte Datafin plc [1987] QB 815; [1987] 2 WLR 699 in Australia.

Key Cases: Karmakar v Minister for Health (No 2) [2021] FCA 916; Vergara v Chartered Accountants Australia and New Zealand [2021] VSC 34; MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17; COQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1438.

Administrative Law 2.6 “Remedies in Judicial Review” 
Updated by Damien J Cremean, Adjunct Professor, Australian Catholic University

This Subtitle examines traditional review remedies and addresses their reform. This update discusses the Federal Circuit and Family Court of Australia and the test of justiciability and what is sufficient to amount to a “special interest” in an action.

Key Cases: Keasey v Director of Housing [2022] VSCA 7; VicForests v Kinglake Friends of the Forest Inc (2021) 248 LGERA 28; [2021] VSCA 195; Thompson v Minogue [2021] VSCA 358.
Key Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth); Uniform Civil Rules 2020 (SA).

Communications 6.4 “Consumer Protection Legislation and the Media” 
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle examines the national scheme of consumer protection legislation only to the extent that it affects the publication of information by the media. The Subtitle addresses the various defences and remedies available where liability for publication is alleged, with particular attention paid to the statutory exemption from liability contained in s 19 of the Australian Consumer Law.

Key Cases: Thorpe v Head, Transport for Victoria [2021] VSC 303.

Communications 6.5 “The Australian Press Council”  
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle outlines the background, structure, functions and complaints procedure of the Australian Press Council (APC). This update discusses statistics in recent annual reports of the APC, in terms of complaints, as well as the APC’s Standards of Practice.

Contract: General Principles 7.6 “Breach”
Updated by Michael Thomas, Member, Victorian Bar

This Subtitle examines the requirements, rights and consequences that arise when a party to a contract either does not, or cannot, perform their obligations under the contract. This update discusses, in the exercise of a right of termination of a contract, requirements for reasonableness, good faith and the prevention of unconscionability.

Key Cases: Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd [2021] VSCA 69.

Contracts: Specific 8.1 “Agency” 
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle deals with the law concerning the formation of the agency relationship, the way in which the relationship operates (including the rights and duties of the principal and the agent and of third parties) and ways in which the relationship can be terminated and the consequences thereof. This update addresses an agency relationship in a marital or de factor relationship, involving domestic and family violence. Also discussed is the Powers of Attorney Act 2014 (Vic).

Key Legislation: Powers of Attorney Act 2014 (Vic).

Human Rights 21.6 “Justice”
Updated by Damien J Cremean, Adjunct Professor, Australian Catholic University

This Subtitle focuses on the judiciary’s role in protecting individuals from exercises of state power in the course of the criminal process, and also in civil litigation arising from legislation designed to allow the state to control people deemed undesirable. This update discusses Libertyworks Inc v Commonwealth (2021) 95 ALJR 490, which addresses freedom of communication implied under the Constitution, as well as Alexander v Minister for Home Affairs (2022) 96 ALJR 560, which dealt with citizenship and migration issues.

Key Cases: Alexander v Minister for Home Affairs (2022) 96 ALJR 560; Libertyworks Inc v Commonwealth (2021) 95 ALJR 490.
Key Legislation: Legislation Interpretation Act 2021 (SA); Australian Citizenship Act 2007 (Cth).

Professional Liability 27.1 “General Principles”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle focuses on the various principles of liability which may be invoked against professionals. This update discusses contributory negligence and damages, as well as proportionate liability provisions.

Professional Liability 27.2 “Health Practitioners”
Updated by Dr Bernadette Richards, Associate Professor, Ethics and Professionalism, Medical School, University of Queensland

This Subtitle explores the legal obligations which Australian law imposes on health practitioners in the care and treatment of their patients and the impact which that care and treatment may have on other persons. This update discusses the behaviour of healthcare professionals and the assessment of identified conduct.

Key Cases: Ethicon Sarl v Gill [2021] FCAFC 29; Panegyres v Medical Board of Australia [2020] WASCA 58.
Key Legislation: Guardianship and Administration Amendment Act (Advance Care Directives) Act 2021 (Tas).

Professional Liability 27.4 “Auditors and Accountants”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle addresses the duties and responsibilities of auditors and accountants. Auditing standards are the main focus of this update.

Key Legislation: Corporations Act 2001 (Cth).

Professional Liability 27.5 “Bankers”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle addresses bankers and the sources of professional liabilities of a bank. Specific duties which banks have been held to owe to customers arising out of contract, tort or breach of the Australian Consumer Law are considered.

Key Legislation: Competition and Consumer Act 2010 (Cth).

Real Property 28.16 “Possession”
Updated by Paul Theodore Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle provides an overview of the law regarding possessory title to land in Australia. This update discusses adverse possession.

Key Cases: Bottos v CityLink Melbourne Ltd [2021] VSC 585; Australian Retirement Holdings Pty Ltd v Higgins [2021] NSWSC 1158; McFarland v Gertos (2018) 98 NSWLR 954; [2018] NSWSC 1629.
Key Legislation: Land Title Regulation 2022 (Qld).

Currently scheduled upcoming updates (subject to change):

• Contracts: Specific 8.6 “Guarantees”
• Criminal Offences 10.11 “Administration of Law and Justice”
• Criminal Procedure 11.3 “Bail”
• Criminal Procedure 11.6 “Pre-trial Procedure”