July 2012 Highlights

Subtitle 7.2 Vitiating Factors  Westlaw AU / Legal Online

Updated by Emeritus Professor JLR Davis, Emeritus Professor of Law, Australian National University and Professor Andrew Stewart, John Bray Professor of Law, University of Adelaide

This Subtitle provides clarification on the factors which may render a contract between parties ineffective or unenforceable for lack of formality, mistake or illegality. This discussion explores the impact of these factors in the law of contract generally, the implications of statutory provisions, and avenues of redress. This update includes reviewed commentary on the concept of mistake and relief in equity and at common law, and expanded discussion on the treatment of illegality and public policy, including consideration of recent case developments, including Equuscorp Pty Ltd v Haxton (2012) 86 ALJR 296; 286 ALR 12; [2012] HCA 7; Ashton v Pratt [No 2] [2012] NSWSC 3; Miller v Miller (2011) 242 CLR 446; 85 ALJR 480; 275 ALR 611; [2011] HCA 9; Tipperary Developments Pty Ltd v Western Australia (2009) 38 WAR 488; 258 ALR 124; [2009] WASCA 126; Master Education Services Pty Ltd v Ketchell (2008) 236 CLR 101; 82 ALJR 1322; 249 ALR 44; [2008] HCA 38.

Subtitle 7.3 Parties  Westlaw AU / Legal Online

Updated by Emeritus Professor JLR Davis, Emeritus Professor of Law, Australian National University

This subtitle details the law governing parties to a contract. It covers issues such as who may be a party to contract, the capacity to be a party to a contract, the doctrine of privity and the right to assign contractual title. Seminal cases, such as Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107; 62 ALJR 508; 80 ALR 574; 5 ANZ Ins Cases 60-873; 6 BCL 97, and relevant legislation, including the Minority (Property and Contracts) Act 1970 (NSW), support the discussion of this area of law.
 
Subtitle 18.3 Regulation of Financial Institutions and Payment Systems  Westlaw AU / Legal Online

Updated by PM Weaver, Senior Manager Regulatory Affairs, Westpac Banking Corporation and Sarah Ahern, Legal Editor, The Laws of Australia

This subtitle explores the regulatory schemes that govern financial institutions and payment systems in Australia. Relevant statutes discussed in this update include: the Banking Amendment (Covered Bonds) Act 2011 (Cth); the new Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and also the Proceeds of Crime Act 2002 (Cth), which extends the confiscation regime to proceeds of civil offences. The update also comments on revisions to the Electronic Funds Transfer Code of Conduct and the Code of Banking Practice. Lastly, International schemes are examined, including the International Funds Transfer process and the expansion of lending measures via the International Monetary Fund that were implemented in response to the Global Financial Crisis of 2008/2009.

Subtitle 21.7 Life, Health and Welfare  Westlaw AU / Legal Online

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

This update discusses the manner in which the Human Rights Act 2004 (ACT) (ACT Charter) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Victorian Charter) impact on the Australian law, particularly in the areas of protecting the human right to life and the rights of persons with disabilities generally. This update also discusses the recent decision of the High Court in Momcilovic v The Queen (2011) 209 A Crim R 1; 85 ALJR 957; [2011] HCA 34, which is the only decision of the High Court to consider the operation of the ACT Charter and the Victorian Charter.

Subtitle 23.2 Designs  Westlaw AU / Legal Online

Updated by Gavin Adkins, Lawyer and Patent Attorney, EKM Legal

This Subtitle reviews the various elements of the definition of “design” and the requirements which must be met before a design may be published or registered. This update includes references to new cases such as Sydney v Streetscape Projects (Aust) Pty Ltd (2011) 94 IPR 35; [2011] NSWSC and ED Oates Pty Ltd v Edgar Edmondson Imports [2012] FCA 356.

Subtitle 34.4 Admiralty  Westlaw AU / Legal Online

Updated by Dr Stephen Tully, Senior Lecturer, University of Sydney and Legal Officer, Migration and Refugee Review Tribunals

This subtitle provides a commentary on Australian law relating to admiralty jurisdiction, as derived from the Constitution and the Admiralty Act 1988 (Cth). The subtitle contains detailed discussion of proprietary and general maritime claims, maritime and statutory liens, and statutory rights of action, and provides commentary on developments in the case law, such as Elbe Shipping SA v The Global Peace (2006) 154 FCR 439; [2006] FCA 954; CSL Australia Pty Ltd v Formosa (2009) 235 FLR 273; [2009] NSWCA 363; and Safezone Pty Ltd v The Island Sun [2005] FCA 1787. The update also outlines the application of international conventions in maritime law, with reference to the modified version of amendments to the Hague Rules in Sch 1A of the Carriage of Goods by Sea Act 1991 (Cth).