Bankruptcy 3.6 “Interim Control by Trustee before Sequestration”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle examines the procedure whereby a trustee can take interim control of a debtor’s property prior to sequestration. The main focus of this update is commentary on the certain steps a creditor must complete, who has applied for a court direction or order.

Key Legislation: Federal Court (Bankruptcy) Rules 2016 (Cth); Bankruptcy Act 1966 (Cth); Bankruptcy Regulations 1966 (Cth).

Bankruptcy 3.14 “Bankrupt Estates of Deceased Persons”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle describes the procedures whereby deceased estates become subject to orders under Pt XI of the Bankruptcy Act 1966 (Cth) and explains how such estates are administered. This update provides commentary on the procedure involved when a creditor or the legal representative of a deceased estate may apply to the Federal Court or the Federal Circuit Court to have the deceased estate administered in bankruptcy.

Key Legislation: Bankruptcy Act 1966 (Cth).

Civil Procedure 5.5 “Summary Dismissal, Settlement and Discontinuance”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle expounds the provisions of the rules in each jurisdiction which regulate default judgment, dismissal, summary judgment and settlement. This extensive update features commentary on the procedures relevant to discontinuing an action and to a defendant filing a cross-claim or counterclaim. Also covered is the consequences of failure to accept an offer of compromise related to costs.

Key Legislation: Federal Court Rules 2011 (Cth); Court Procedures Rules 2006 (ACT); Uniform Civil Procedures Rules 2005 (NSW); Supreme Court Rules 1987 (NT); Uniform Civil Procedure Rules 1999 (Qld); Supreme Court Civil Rules 2006 (SA); Supreme Court Rules 2000 (Tas); Supreme Court (General Civil Procedure) Rules 2015 (Vic); Rules of the Supreme Court 1971 (WA).

Criminal Sentencing 12.2 “Relevant Factors”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle is concerned with factors that are relevant to determining sentences for offences generally, rather than factors that have particular relevance for specific offences. This update features commentary on official corruption, as discussed in R v Mackay [2019] QCA 97, as well as the hardship to an offender's dependants in determining sentencing.  

Key Cases: R v Hannan; Ex parte Attorney-General (Qld) [2019] 2 Qd R 213; [2018] QCA 201; R v Mackay [2019] QCA 97; R v Kelley [2018] QCA 18.
Key Legislation: Sentencing Act 2017 (SA).

Intellectual Property 23.1 “Copyright” Ch 12
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 features commentary on how the Copyright Tribunal determines the proper compensation payable to a copyright owner concerning unlicensed copying. The update also sets out the sources of power of the Tribunal, the parties to each type of application or referral and the nature of the decision that must be made by the Tribunal in relation to the use of copyrighted material. Also discussed is the Tribunal’s jurisdiction to hear applications relating to the grant of licences under a licence scheme.

Key Legislation: Copyright Act 1968 (Cth); Copyright Regulations 2017 (Cth).

Revenue Law 31.17 “Goods and Services Tax”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle is concerned primarily with the implementation of Goods and Services Tax (GST) and the central legislation involved. This update features discussion on the imposed GST on supplies of low valued goods, as well as on intangible foreign supplies. Also featured is commentary on the cash basis accounting rules and approved valuation methods.

Key Legislation: A New Tax System (Goods and Services Tax) Regulations 2019 (Cth); A New Tax System (Australian Business Number) Act 1999 (Cth).

Update 353 currently scheduled updates (subject to change):

• Civil Procedure 5.4 “Parties and Joinder”
• Family Law 17.14 “Alteration of Property Interests”
• Intellectual Property 23.8 “Trade Marks”
• Real Property 28.3 “Torrens Systems – Indefeasibility and Priorities”
• Transport 34.4 “Admiralty”