The following Subtitles were updated in November 2014 and are now available on Westlaw AU:

Contracts: Specific 8.6 “Guarantees”

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

Although a guarantee is often described as “securing” a payment or obligation, they are not, strictly speaking, a security in and of themselves. Thus they are not a security interest capable of registration on the Personal Property Securities Register. Collateral given as part of a guarantee will be capable of registration however.

Criminal Procedure 11.3 “Bail”

Updated by Dr Michael FitzGerald, Lecturer, Faculty of Law, Monash University

In Re Islam [2010] ACTSC 147, the Supreme Court of the Australian Capital Territory declared that s 9C of the Bail Act 1992 (ACT) is inconsistent with the Human Rights Act 2004 (ACT) because it creates a general presumption against bail for certain offences.

Criminal Sentencing 12.1 “Purposes of Sentencing”

Updated by Danielle Andrewartha, Solicitor, Supreme Courts of South Australia and Victoria

The common law position that the principle of parsimony is not part of sentencing law in New South Wales was further re-iterated in Benjamini v Stormon [2014] ACTSC 2, where Refshauge J stated that “a sentence should never exceed that what is proportionate to the gravity of the offence”.

Dispute Resolution 13.1 Overview of Dispute Resolution

Updated by Melissa Purdy BA (Comm), LLB (Hons), Master of Dispute Resolution

ADR as a means of resolving disputes outside of court-based adjudication continues to evolve: newer forms of ADR include “collaborative practice” and “conflict coaching”.

Equity 15.13 “Trusts” Chapters 4–6

Updated by Alun A Preece, Author and Research Consultant

Gifts for political purposes have generally not been recognised as charitable gifts at law, until the decision of the High Court in Aid/Watch Inc v Federal Commissioner of Taxation [2010] HCA 42. The result is that in Australia, there is no general doctrine which excludes from charitable purposes “political objects”.

Family Law 17.2 “Professional Ethics”

Updated by Rachell Davey, Senior Associate, Lander & Rogers Lawyers

In Bosgard v Bosgard (2013) 49 Fam LR 612; [2013] FamCA 308 the Family Court of Australia affirmed that in a conflict of interest situation, the solicitor’s priority is their duty to the court. The Family Court of Australia also noted that the solicitor’s lack of objectivity could compromise the integrity of the justice system.

Health and Guardianship 20.7 “Confidentiality and Health Information Privacy”

Updated by Dr Penelope Weller, Senior Lecturer, Graduate School of Business and Law, RMIT University

Significant amendments have been made to the federal privacy regime under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), which entered into force March 2014. The American tort of “intrusion upon seclusion” is gaining some recognition in the United Kingdom and New Zealand (in Vidal-Hall v Google [2014] WLR(D) 21 and C v Holland [2012] NZCA 34 respectively).

Human Rights 21.5 “Work”

Updated by Jeremy Cousins, Solicitor, Supreme Court of Victoria and High Court of Australia Principal, Norton Gledhill Commercial Lawyers

Since 1 January 2014 the Fair Work Commission has had powers to hear applications by workers who allege they have been bullied at work and to make orders to stop bullying. The anti-bullying provisions are contained in Pt 6-4B of the Fair Work Act 2009 (Cth).

Real Property 28.12 “Retirement Villages”

Updated by Adjunct Associate Professor Anthony P Moore, Senior Lecturer, University of Sydney, Adjunct Associate Professor of Law, University of Adelaide and Flinders University

Retirement villages legislation in most jurisdictions has been revised to expand the range of issues covered, from protection for continuing residence and dispute resolution, to information and contract details, management processes and financial responsibilities.

Revenue Law 31.17 “Goods and Services Tax”

Updated by Ivy Ling, Legal Editor, The Laws of Australia

Schedule 1 s 105-65 of the Taxation Administration Act 1953 (Cth) has been replaced by Pt 4-4 Div 142 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), which imposes certain restrictions on refunds of excess GST (effective 30 May 2014). Other amendments to the Taxation Administration Act 1953 (Cth) and the A New Tax System (Goods and Services Tax) Act 1999 (Cth) include updated "registration turnover thresholds" and changes to the definition of "consideration" for GST purposes.

The High Court in Federal Commissioner of Taxation v Reliance Carpet Co Pty Ltd (2008) 236 CLR 342; 82 ALJR 968; 68 ATR 158; [2008] HCA 22 considers the GST treatment of a deposit forfeited on rescission of a land contract.

Transport Subtitle 34.2 “Aviation” Chapters 9-10
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research

Licensed pilots are required to have appropriate and current medical certificates to be authorised to exercise the privileges of their licences under regs 61.405 – 61.415 of the Civil Aviation Safety Regulations 1998 (Cth).

January 2015 currently scheduled updates:

• 5 Civil Procedure 5.1 “Initiating Process, Service and Appearance”
• 19 Government 19.3 “Executive”
• 28 Real Property 28.7 “Landlord and Tenant”
• 31 Revenue Law 31.3 “Income from Property”
• 34 Transport 34.2 “Aviation” Chs 11-12