October 2011 Highlights

Seven TLA subtitles on a range of important topics were updated in October 2011.

Subtitle 5.10 Limitation of Actions

Updated by Professor Peter Handford, Law School, University of Western Australia

This Subtitle deals with the rules governing the period of time within which plaintiffs must commence civil proceedings. It details the limitations periods imposed by statute in each jurisdiction for a wide range of civil proceedings, and includes relevant case law. This update constitutes a major restructure of the existing material, with a revised quick-reference chart at the beginning of the Subtitle, and a new chapter on personal injury that recognises its increasing complexity and importance. Noted important developments include the abolition of limitations periods for dust-related diseases as well as analysis of a number of cases, such as Commonwealth v Cornwell (2007) 229 CLR 519; 81 ALJR 933; 234 ALR 148; 61 ACSR 118; [2007] Aust Torts Reports 81-885; [2007] HCA 16; A v Hoare [2008] 1 AC 1; [2008] 2 WLR 311; [2008] 2 All ER 1; [2008] UKHL 6 and Kaye v Hoffman [No 2] (2008) 17 Tas R 176; [2008] TASSC 2.

This Subtitle will also be published as an easy-to-reference softcover book in November 2011. Click here for more details on how to purchase this book.

Subtitle 7.4 Terms

This update explores some of the new legislative and case law developments relating to contractual terms. Importantly, the update addresses the changes to contract law that have arisen as a result of the Australian Consumer Law, which now contains specific provisions relating to consumer guarantees and unfair contracts.

Subtitle 33.3 Occupiers’ Liability

Updated by Andrew Felkel, Barrister, Supreme Court of Victoria

Occupiers' liability may be defined as the liability to compensate persons injured on premises because of the dangerous condition of the premises. This Subtitle provides a summary of the law defining the scope and content of that liability in each jurisdiction, whether under occupier-specific legislation, civil liability regimes and/or by reference to common law principles of negligence. This update includes expanded commentary and consideration of case developments, including Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; 84 ALJR 19; 260 ALR 628; [2009] Aust Torts Reports 82-042; [2009] HCA 48; and Kuhl v Zurich Financial Services Australia Ltd (2011) 85 ALJR 533; 276 ALR 375; [2011] Aust Torts Reports 82-088; [2011] HCA 11.

Subtitle 35.5 Notion of Unconscionability

Subtitle 35.6 Estoppel

Subtitle 35.7 Duress

Subtitle 35.8 Undue Influence

Updated by Dr Paul Vout, Member of the Victorian Bar

These Subtitles have been updated to take into account the new Australian Consumer Law provisions of Sch 2 of the Competition and Consumer Act 2010 (Cth). The Australian Consumer Law is applied as a single, national consumer law by the various State and Territory Fair Trading Acts and replaces the equivalent provisions of the former Trade Practices Act 1974 (Cth).

November 2011 planned updates

(Subtitles are subject to change):

• 1 Aborigines and Torres Strait Islanders 1.8 “Indigenous Cultural and Intellectual Property”
• 4 Business Organisations 4.3 “Company Finance”
• 17 Family Law 17.9 “Adoption of Children”
• 20 Health and Guardianship 20.12 “Medical Technology” Chs 1–3 (Introduction/Medical Research/Genetics)
• 23 Intellectual Property 23.1 “Copyright” Ch 10 (Statutory Licences)
• 31  Revenue Law 31.3 “Income from Property”
• 31  Revenue Law 31.15 “Stamp Duties"

In Other News ...

Click here to read more about the recent TLA meeting with our Editor in Chief, The Hon. Michael Kirby AC CMG

Click here to learn more about the editing process in TLA from behind the scenes.