The following Subtitles were updated in March 2015 and are now available on Westlaw AU:

Bankruptcy 3.9 “Property of the Estate”

Updated by Ben McEniery, Barrister-at-Law, Supreme Court of Queensland; Barrister-at-Law, Roma Mitchell Chambers; Senior Lecturer, Queensland University of Technology

This Subtitle examines the law relating to the determination of what property of a bankrupt is available for distribution to creditors. The law aims to strike a balance between the competing interests of bankrupts and creditors. Careful consideration of the definitions of “property” and “divisible property” in the Bankruptcy Act 1966 (Cth) is required.

Criminal Offences 10.6 “Drug Offences”

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

Offences in relation to prohibited drugs are unique among serious criminal offences in that the consumer (and “victim”) often shares an interest in the continuation of the offence (in this case production and supply), posing a problem for traditional law enforcement. Legislation in this subtitle reflects the updated Poisons Standard 2014 and updated jurisdictional Acts and Regulations.

Criminal Procedure 11.6 “Pre-trial Procedure”

Updated by Mirko Bagaric, Professor and Dean of Law, Deakin University

This Subtitle discusses the recent High Court decision of Barbaro v The Queen; Zirilli v The Queen (2014) 88 ALJR 372; [2014] HCA 2 which overruled R v MacNeil-Brown (2008) 20 VR 677; 188 A Crim R 403; [2008] VSCA 190 regarding the practice of the prosecutor making submissions regarding sentencing ranges for cases. It also contains updated discussions on case law regarding stays of proceedings including Moti v The Queen (2011) 245 CLR 456; 86 ALJR 117; 218 A Crim R 204; [2011] HCA 50.

Government 19.3 “Executive”

Updated by Anna Dziedzic, Research Fellow, Melbourne Law School

This Subtitle includes an updated discussion regarding the rules of succession for the lawful monarch of Australia and the relevant items of legislation which are the Succession to the Crown (Request) Act 2013 (NSW); Succession to the Crown (Request) (National Uniform Legislation) Act 2013 (NT); Succession to the Crown Act 2013 (Qld); Succession to the Crown (Request) Act 2014 (SA); Succession to the Crown (Request) Act 2013 (Vic). It also contains an updated discussion of the prerogative powers, prerogative immunities and proprietary prerogatives.

Health and Guardianship 20.2 Ch 5 “Regulation of Health Care Professionals”

Updated by Jennifer O’Grady, Associate, TressCox Lawyers; and Katharine Philp, Partner, TressCox Lawyers

The National Law (as found in Health Practitioner Regulation National Law Act 2009 (Qld) and modified by certain jurisdictional Acts), together with the Health Ombudsman Act 2013 (Qld) specify which decisions of a health practitioner regulatory body are appellable or reviewable. This final chapter examines the circumstances in which an appeal or review may be made, as well as the nature of that appeal or review.

Revenue Law 31.7 “Partnerships”
Updated by Emma Mealy, Barrister, Victorian Bar

This Subtitle examines the general law principles and statutory framework which govern the taxation of partnerships. This Subtitle has been updated to include new case law regarding the taxation of partnerships including discussions of Commissioner of State Taxation (SA) v Cyril Henschke Pty Ltd (2010) 242 CLR 508; 85 ALJR 174; 78 ATR 1; [2010] HCA 43; Kelly v Commissioner of Taxation (2012) 88 ATR 409; [2012] FCA 423; Yacoub v Federal Commissioner of Taxation (2012) 83 ATR 722; [2012] FCA 678 and Fazio v Fazio [2012] WASCA 72.

Transport Subtitle 34.2 Chs 14–15 “Aviation”
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research

This Subtitle examines the provisions in the Agreement between the Government of Australia and the Government of the Republic of the Philippines Relating to Air Services [2013] ATS 21 which deal with the applicability of competition laws to the airlines of both parties and provide a mechanism for dispute resolution.

April 2015 currently scheduled updates (subject to change):

• 3 Bankruptcy 3.11 “Recovery Action in Relation to Pre-bankruptcy Dispositions”
• 3 Bankruptcy 3.16 “Personal Insolvency Agreements”
• 10 Criminal Offences 10.5 “Drug Offences”
• 12 Criminal Sentencing 12.11 “Inter-jurisdictional Enforcement”
• 13 Dispute Resolution 13.2 “Mediation and Conciliation” Chs 1, 2
• 34 Transport 34.2 “Aviation” Ch 16