September 2012 Highlights

Subtitle 13.5 Mini-trial Westlaw AU / Legal Online

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

This Subtitle examines the various stages of the mini-trial and the features of its process, in the context of modern alternative dispute management systems. The Subtitle addresses the roles of participants, particularly the importance of a neutral third party. The Subtitle also analyses the appropriateness of the mini-trial in the modern legal landscape.

Subtitle 20.1 Health Rights and Responsibilities Westlaw AU / Legal Online

Updated by Melissa Di Rienzo, Legal Editor, The Laws of Australia

This Subtitle examines health rights and responsibilities in the context of concepts such as the right to treatment and equity of access to health care services, and conversely the right to refuse medical treatment. The Subtitle has been updated to account for developments in areas such as the right of access to one’s own medical records, and The Australian Charter of Health Care Rights.

Subtitle 27.1 General Principles Westlaw AU / Legal Online

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

This Subtitle examines the principles that underpin professional liability. It considers varieties of professional liability, such as those that may arise in tort, under contract, under statute, because of fiduciary obligations or under criminal liability. This Subtitle also considers the standard of care to be exercised by a professional, as well as relevant defences and damages. This update takes into account the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) and the High Court’s decision in Tabet v Gett (2010) 240 CLR 537; 84 ALJR 292; [2010] HCA 12, as well as including expanded commentary on Prestia v Aknar (1996) 40 NSWLR 165.

Subtitle 27.4 Auditors and Accountants Westlaw AU / Legal Online

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

This Subtitle details the various professional and statutory obligations imposed upon auditors and accountants by the Corporations Act 2001 (Cth) and at common law, such as the duty to report audit irregularities.

Subtitle 27.5 Bankers Westlaw AU / Legal Online

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

The duties owed in bank–customer relationships and discussed in this Subtitle have been updated to take into account the provisions of the new Australian Consumer Law and of the National Consumer Credit Protection Act 2009 (Cth), for example the onus placed by the legislation on banks to exercise responsible lending in the realm of consumer credit.

Subtitle 28.17 Land Acquisition Westlaw AU / Legal Online

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

This Subtitle provides a legislative overview of the powers, procedures and terms on which the Commonwealth, States and Territories (and agencies or instrumentalities) obtain interests in land (including native title), by means such as resumption or compulsory acquisition, and circumstances in which private acquisition for public purposes is permitted. Consideration is also given to the applicability of just terms and compensation to acquisition, and its effect on indefeasibility of title and third party interests in land.

October 2012 planned updates

(please note that updates are subject to change):

• 13 Dispute Resolution 13.7 “Arbitration”
• 27 Professional Liability 27.8 “Valuers”
• 31 Revenue Law 31.14 “Calculation of Tax Payable”
• 32 Sport & Leisure 32.3 “Dispute Resolution”
• 33 Torts 33.2 “Negligence”