The following subtitles were updated in June, and are now available on Westlaw AU.

Aborigines and Torres Strait Islands: Subtitle 1.4 “Cultural Heritage”

Updated by Dr Stephen Tully, Legal Officer, Migration Review Tribunal and Refugee Review Tribunal

This Subtitle is concerned with the Anglo-Australian law regarding Indigenous heritage, whilst also considering the element of Indigenous customary laws. Discussion is made of the different approaches taken to heritage and culture and their expression in legislation both in the Commonwealth and State jurisdictions. Non-legislative mechanisms for the protection and assertion of cultural confidences are also examined. Reference is made to the relevant legislation and both long-standing and recent case law.

Business Organisations: Subtitle 4.6 “Company Takeovers”

Updated by: Rodd A Levy, Partner, Herbert Smith Freehills; Member, Takeovers Panel

This Subtitle deals with the various rules and responsibilities surrounding a company’s acquisition of, or merger with, another company. ASX rules have been revised to their latest forms: Listing Rules as opposed to Market Rules; and the updating author, a member of the Takeovers Panel, has added various Panel decisions which have clarified and filled in the laws surrounding the Corporations Act 2001 (Cth) where it relates to company takeovers.

Criminal Offences: Subtitle 10.4 “Offences of Dishonesty”

Updated by: Danielle Andrewartha, Senior Consultant, McPhee Andrewartha

This Subtitle concerns the various crimes of dishonesty, including white collar crimes such as fraud and embezzlement, and more violent crimes such as breaking and entering. Each offence has been further split down jurisdictional lines, creating a comprehensive and accessible guide for practitioners across, and operating across, all jurisdictions. New information modernises the approaches of the Criminal Codes and Statutes to offences of fraud and forgery, particularly concerning identity crimes.

Criminal Offences: Subtitle 10.10 “Public Order”

Updated by Christopher Warehams, Australian Lawyer, Supreme Court of Victoria, Senior Associate, Court of Appeal – Supreme Court of Victoria

This Subtitle deals with the laws regulating public assemblies, meetings, and processions. There is consideration of relevant common law and statute law, including in relation to the advance notice, permit and licensing requirements for public assemblies and the powers of the authorities to disperse unlawful or riotous assemblies. Hefty penalties, both fines and imprisonment, are provided for unlawful assemblies; these, and the elements of the offence, are discussed via consideration of legislation such as the Summary Offences Act 2005 (Qld) and the Criminal Code (WA). There is discussion of the argument that the High Court’s recognition in Australian Capital Television Pty Ltd v Commonwealth (Political Advertising Case) (1992) 177 CLR 106; 66 ALJR 695; 8 BR 117; 108 ALR 577 of an implied freedom of political discussion under Australia’s Constitution should also extend to peaceful public assembly.  Australia’s racial vilification laws are also discussed.

Criminal Offences: Subtitle 10.12 “Terrorism Offences”

Original author: Theo Alexander, Lecturer, Deakin University

This is a brand-new Subtitle in the Criminal Offences title. A rapidly developing area of domestic and international law, recent legal developments with regard to Terrorism Offences and the historical context from which they have emerged are explored. The way in which terrorist acts differ from other criminal acts is discussed. Examples of how laws have been interpreted in case law are then provided. An in-depth exploration of the elements of terrorism offences, offences related to terrorist organisations and financing terrorism follows. The historical offences of treason and espionage and how these have been adapted to modern terrorist threats are then presented. This is a comprehensive and essential guide to practitioners working in the area, as well as those interested in learning more about this topic.

Family Law: Subtitle 17.5 “Domestic Violence”

Updated by Dr Renata Alexander, Barrister and Solicitor, Supreme Court of Victoria and High Court of Australia, Senior Lecturer, Monash University Faculty of Law

Updated Chs 4–6 of “Domestic Violence” begin with a discussion of the injunctions and restraining orders available, including under the Family Law Act 1975 (Cth), to protect victims of domestic violence from future violence or harassment. This is followed by a substantial discussion of the system of protection orders in all Australian States and Territories which are meant to afford victims of domestic violence with some possible protection against future violence or harassment.  Chapter 6 provides an overview of the legislative reforms and reviews of social and administrative policies in relation to family violence that have taken place over the last decade.

Family Law: Subtitle 17.16 “Financial Agreements and Consent Arrangements”

Updated by: William David Stidston, Senior Associate and Family Law Accredited Specialist, Westminster Lawyers

The Family Law Act 1975 (Cth) allows parties to enter into various financial agreements that are binding at any stage of the marriage–separation–divorce process. This Subtitle details the various options open for, and processes required by, parties wishing to enter into such an agreement. Many seminal cases have been handed down in recent years regarding these agreements, focusing on what is “just and equitable” within the meaning of the Act, with less concern given to whether the agreement is formal or informal.

Restrictive Trade Practices: Subtitle 30.2 “Restrictive Trade Practices”

Updated by: Daniel Clough, Barrister and Solicitor, Supreme Court of Victoria

It is clear from the huge penalties attached to certain types of conduct in the marketplace (such as attempting to form a cartel) that great emphasis is placed on a market free of harmful trade practices. The overhaul of the Trade Practices Act 1974 (Cth) into the Competition and Consumer Act 2010 (Cth) has come with significant changes to the laws of restrictive trade practices. This substantial and comprehensive update to The Laws of Australia deals with those provisions of the Act (and the surrounding common law) which restrict such harmful conduct in the marketplace.

Unfair Dealing: Subtitle 35.8 “Undue Influence”

Updated by: Dr Paul Vout, Member of the Victorian Bar

This Subtitle concerns the equitable doctrine of “undue influence”: a doctrine concerned with preventing a dominant party from abusing their position of power. Movement in the laws of undue influence is to be had from case law such as Commercial Base Pty Ltd v Watson [2013] VSC 334 where the Court reacted against earlier cases, that effectively rendered the concept of “economic duress” redundant. Also dealt with are the stricter guidelines on the need for independent legal advice to rebut the presumption of undue influence, brought on by Aboody v Ryan [2012] NSWSC 136.

July 2014 planned updates (subject to change):

• Bankruptcy 3.10 “Investigations”
• Criminal Sentencing 12.9 “Restitution and Compensation Orders”
• Equity 15.5 “Declarations”
• Equity 15.9 “Compensation and Damages”
• Family Law 17.8 “International Child Abduction”
• International Trade 24.2 “Foreign Investment”
• Restitution 29.1 “Restitution”
• Unfair Dealing 35.7 “Duress”
• Unfair Dealing 35.9 “Unconscionable Dealing”