April 2013 Highlights

Subtitle 8.2 Real Estate Agents

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle examines the law relating to licensees in each jurisdiction, with an emphasis on the contractual rights and duties imposed on agents in the course of real estate transactions. This update considers the regulation of misrepresentations under the Competition and Consumer Act 2010 (Cth), and entitlement to commission bestowed by determination of "cause of sale" as provided in recent decisions such as Burchell v Gowrie & Blockhouse Collieries Ltd [1910] AC 614. The update also considers special new requirements around commission and consumer protection provisions in Queensland.

Subtitle 14.12 Mining

Updated by John Southalan, Barrister, Supreme Court of Western Australia

This Subtitle explains the regulation of mining in each Australian jurisdiction. This update discusses the Mineral Titles Act 2010 (NT), specifically the rights of the holder of a mineral title and the various reports which must be provided, such as an airborne survey report, annual report, expenditure report, final report and monthly workforce report. There is also commentary regarding the specific provisions of minerals like gold, coal and iron and provisions in the Work Health and Safety Regulation 2011 (NSW), the Work Health and Safety (National Uniform Legislation) Act 2011 (NT), the Work Health and Safety Regulation 2011 (Qld) and the Work Health and Safety Regulations 2012 (SA).

Subtitle 26.5 Workers’ Compensation

Updated by Ramon Loyola, Solicitor, Supreme Court of New South Wales

This Subtitle examines the current statutory and federal legislation governing workers’ compensation. It involves a range of amendments that have affected State and Federal legislation that have been implemented since the last publication of this Subtitle. There is discussion of the definition and scope of the employee-employer relationship in addition to the protocols surrounding rehabilitation programs and return-to-work programs. The role of discrimination on the workers’ compensation industry is considered as well as the reach of the Australian Industrial Relations System, awards and workplace agreements and schemes.

Subtitle 28.15 Physical Limits to Land

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle explores the law on the physical limits of land. It considers old common law principles concerning the height and depth extents of land ownership – from the "heavens above" to the "infernal regions" below – and the case law and statutory limits on these. Fixtures are discussed, including the law on when tenants can remove them. Encroachments are examined, with particular consideration given to the legislation in most Australian States providing for relief, including: compensation; land transfer; and encroachment removal. The principles regulating land boundaries are also considered. Finally, the Subtitle examines the law on fences, with attention given to the legislative provision in all Australian jurisdictions (eg Dividing Fences Act 1991 (NSW) and Fences Act 1972 (NT)) for compulsory contribution by neighbouring land owners to the cost of fence construction and repair.

Subtitle 33.11 Concurrent Torts

Updated by Karina Szwaja, Barrister, Victorian Bar

This Subtitle examines the law surrounding concurrent torts, and the relationships that exist between various tortfeasors. It looks to the classification of tortfeasor in the instances of joint tortfeasors, several concurrent tortfeasors or independent tortfeasors, and then looks to the liability that attaches according to this classification. Civil liability legislation in each Australian jurisdiction is referenced throughout this update, which also now includes the High Court decision Amaca v New South Wales (2003) 199 ALR; 77 ALJR 1509; [2003] HCA 44.