Welcome to the first TLA Update for 2012!

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February 2012 Highlights

Subtitle 5.6 Interlocutory Proceedings and Preservation of Property

Updated by Meng Yen Phua, Legal Editor, The Laws of Australia

This Subtitle explores interlocutory proceedings and preservation of property and has been updated to reflect the most recent changes in the relevant rules and regulations, including as a result of the enactment of the Federal Court Rules 2011 (Cth).

Subtitle 11.2 Investigation by Independent Agencies

Updated by Danielle Andrewartha, PhD Candidate and Research Associate, Faculty of Law, Monash University

This update addresses the changes to independent investigative agencies in the last decade. The update specifically deals with changes to the National Crime Authority, which has now become the Australian Crime Commission, and the Criminal Justice Commission, which is now the Crime and Misconduct Commission. The update also includes significant legislative changes and recent case authorities under new legislative provisions. Further, a new paragraph has been included that deals with other forms of legal privilege.

Subtitle 11.11 Confiscation of Proceeds of Crime

Updated by Danielle Andrewartha, PhD Candidate and Research Associate, Faculty of Law, Monash University

This Subtitle deals with various forms of confiscation orders and ancillary orders in relation to the confiscation of the proceeds of crime. This update includes substantial commentary on freezing orders, including a particular focus on the Criminal Property Confiscation Act 2000 (WA) and the case Director of Public Prosecutions (Cth) v Kamal (2011) 248 FLR 64; 206 A Crim R 397; [2011] WASCA 55. The update also features discussion on the subject of unexplained wealth acquired through criminal activity and specifically the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).

Subtitle 17.17 Property and Financial Adjustment in De Facto and Domestic Relationships

Updated by Dr Owen Jessep, Solicitor, Supreme Court of New South Wales and Senior Visiting Fellow in Law, University of New South Wales

This Subtitle gives an account of the ambit of statutory jurisdiction affecting financial claims and agreements between de facto partners and parties to other domestic relationships. It includes a discussion of important developments in this area of family law, including the introduction of Pt VIIIAB of the Family Law Act 1975 (Cth). Recent case law considering the application of Pt VIIIAB is cited, including: Moby v Schulter [2010] FLC 93-447; [2010] FamCA 748; Baker v Landon (2010) 238 FLR 210; 43 Fam LR 675; [2010] FMCAfam 280; Vaughan v Bele [2011] FamCA 436; Jensen v Taylor [2011] FMCAfam 1251; Kelly v Temple [2011] FMCAfam 683. This update also provides a detailed account of legislative changes in different Australian jurisdictions, including the introduction of a voluntary registration system for relationships in some States and Territories, and the extension of the scope of legislation to include same-sex couples and, in some jurisdictions, parties to non-sexual "caring" relationships.

Subtitle 23.7 Passing Off and Related Actions

Updated by Claire Agius, Solicitor, Allens Arthur Robinson; Tim Golder, Partner, Allens Arthur Robinson

This subtitle discusses the action of passing off as it stands under Australian and UK common law. With the addition of a new chapter, that explores the relationship between passing off and misleading and deceptive conduct, the Subtitle assumes the new title of "Passing Off and Related Actions". It includes the recent update to consumer protection law that occurred with the commencement of Sch 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law). Expanded commentary citing recent case law further discusses developments in this area of intellectual property law, including notable Federal Court decisions: Nutrientwater Pty Ltd v Baco Pty Ltd (2010) 265 ALR 140; 84 IPR 452; [2010] FCA 2; Hansen Beverage Company v Bickfords (Aust) Pty Ltd (2008) 171 FCR 579; 251 ALR 1; 79 IPR 174; [2008] FCAFC 181; Pacific Publications Pty Ltd v Next Publishing Pty Ltd (2005) 222 ALR 127; [2005] FCA 62; and the Cadbury Schweppes v Darrell Lea Pty Ltd litigation. The Subtitle further highlights alternative actions that could be taken under torts that protect goodwill.

March 2012 Planned Updates

(Subtitles are subject to change):

• 7 Contract: General Principles 7.1 “Formation”
• 16 Evidence 16.3 “Proof in Criminal Cases”
• 16 Evidence 16.4 “Testimony”
• 16 Evidence 16.7 “Privilege and Public Interest Immunity”
• 21 Human Rights 21.8 “Families and Education”
• 31 Revenue Law 31.17 “Goods and Services Tax”
• 35 Unfair Dealing 35.3 “Improper Business Practices”
• 35 Unfair Dealing 35.4 “Remedies”
• 35 Unfair Dealing 35.9 “Unconscionable Dealing”