Communications 6.6 “Telecommunications” (Ch 2)

Updated by Associate Professor Mark Gregory, Associate Professor in Network Engineering

This new chapter focuses on the National Broadband Network (NBN). Commentary features in-depth analysis of the objects of the National Broadband Network Companies Act 2011 (Cth), as well as the role and obligations of NBN Corporations.

Key Legislation: National Broadband Network Companies Act 2011 (Cth); Productivity Commission Act 1998 (Cth); Telecommunications Act 1997 (Cth).

Criminal Offences 10.7 “Revenue and Currency Offences”

Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle gives an introduction to revenue offences by focusing on criminal tax offences that make up one aspect of tax administration in Australia. This update features commentary on the ability of the Australian Taxation Office to prosecute or impose an administrative penalty for tax offences. Also discussed is the Prosecution Policy of the Commonwealth and the test that must be satisfied before a prosecution commences.

Key Legislation: Taxation Administration Act 1953 (Cth).
Key Cases: Walsh v Federal Commissioner of Taxation (2018) 107 ATR 699.

Intellectual Property 23.1 “Copyright” (Chs 8 and 9)

Updated by Peter Knight, Senior IP/IT Commercial Counsel, Banki Haddock Fiora

This Subtitle describes the law of copyright derived from the Copyright Act 1968 (Cth). This update includes discussion of Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 92 ALJR 918; [2018] HCA 43, which involved the calculation of profits by taking into account projected revenues and costs.  

Key Cases: Chhabra v McPherson [2019] FCAFC 228; Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 92 ALJR 918; [2018] HCA 43; Roadshow Films Pty Ltd v iiNet Ltd (2012) 248 CLR 42; 86 ALJR 494; [2012] HCA 16.
Key Legislation: Copyright Amendment (Online Infringement) Bill 2018 (Cth); Copyright Act 1968 (Cth).

Real Property 28.18 “Sale of Land”

Updated by Dr John Mugambwa, Adjunct Professor, School of Law, Murdoch University and Dr W Rupert Johnson, Senior Lecturer, School of Law, The University of Notre Dame Australia (Fremantle Campus)

This Subtitle discusses contracts for the sale of land. In this update Pipikos v Trayans (2018) 92 ALJR 880; [2018] HCA 39 is discussed, as well as the importance of the Competition and Consumer Act 2010 (Cth) as it provides significant remedies in cases where contracts have been affected by misleading or deceptive or unconscionable conduct.

Key Cases: Pipikos v Trayans (2018) 92 ALJR 880; [2018] HCA 39; PSAL Pty Ltd v Registrar of Titles (No 2) [2018] WASC 85.
Key Legislation: Competition and Consumer Act 2010 (Cth).

Restrictive Trade Practices 30.1 “Restraint of Trade”

Updated by Emeritus Professor Philip H Clarke, Emeritus Professor of Law, Deakin University

This Subtitle describes the common law doctrine of restraint of trade and the application of Pt IV of the Competition and Consumer Act 2010 (Cth) and the Restraints of Trade Act 1976 (NSW) to the doctrine. This update features commentary on the restraint of trade on sportspeople who face a serious criminal charge, as in De Belin v Australian Rugby League Commission Ltd [2019] FCA 688.

Key Cases: De Belin v Australian Rugby League Commission Ltd [2019] FCA 688.

Update 351 currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.7 “International Law”
• Bankruptcy 3.7 “Trustee in Bankruptcy”
• Business Organisations 4.4 "Receivers and Managers"
• Intellectual Property 23.1 "Copyright" (Ch 10)