Aboriginal and Torres Strait Islander Peoples 1.4 “Cultural Heritage”
Updated by Paul Theodore Babie, Bonython Chair in Law and Professor of Law, Adelaide Law School, The University of Adelaide

This Subtitle deals with the Anglo-Australian law governing Indigenous heritage, but Indigenous customary laws are an underlying element. This update addresses the Aboriginal Cultural Heritage Bill 2021 (WA), which empowers traditional owners to establish agreed management plans to avoid the risk of harm to Aboriginal cultural heritage.

Administrative Law 2.5 “Judicial Review of Administrative Action: Procedural Fairness”
Updated by Dr Juliet R Lucy, Barrister, Supreme Court of New South Wales

This Subtitle deals with the rules of procedural fairness, which are traditionally reduced to two: the hearing rule and the rule against bias. This update considers the matters to be taken into account in determining the practical content of fairness in a particular case. Also discussed is how procedural fairness generally applies to the exercise of public power but may also condition the exercise of power by private bodies.

Key Cases: Kassam v Hazzard (2021) 362 FLR 113; [2021] NSWCA 299; MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; 95 ALJR 441; [2021] HCA 17.

Bankruptcy 3.5 “Acts of Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses the various acts of bankruptcy which must be committed before a creditor’s petition can be presented. This update discusses the circumstances when a court can set aside a bankruptcy notice.

Key Legislation: Bankruptcy Regulations 2021 (Cth); Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth); Bankruptcy Act 1966 (Cth).

Bankruptcy 3.9 “Property of the Estate”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses the property which can be taken by a trustee in bankruptcy and distributed to creditors, the control and disposition of such property, and what property is exempt from the trustee in bankruptcy’s control. This update discusses doctrine of relation back, which allows a trustee in bankruptcy to avoid transactions entered into by the bankrupt after the commencement of bankruptcy.

Key Legislation: Bankruptcy Regulations 2021 (Cth); Territories Stolen Generations Redress Scheme (Consequential Amendments) Act 2021 (Cth); National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth).

Bankruptcy 3.16 “Personal Insolvency Agreements”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle covers the various types of personal insolvency agreements which can be entered into under Pt X of the Bankruptcy Act 1966 (Cth). This update discusses the procedure for meetings of creditors and voting.

Key Legislation: Bankruptcy Regulations 2021 (Cth); Insolvency Practice Rules (Bankruptcy) 2016 (Cth).

Civil Procedure 5.7 “Trial and Execution of Judgments”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle discusses that litigation must be prepared according to the scheme applicable to the relevant court. The discussion extends to the Federal Court of Australia, and the Supreme Courts of each State and Territory.

Key Legislation: Uniform Civil Rules 2020 (SA).

Contracts: Specific 8.5 “Bailment”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle examines traditional forms of the bailment relationship as well as involuntary and other forms of bailment. This update discusses storage liens and the disposal of uncollected goods in the Australian Capital Territory, New South Wales and Tasmania.

Key Legislation: Uncollected Goods Regulation 2020 (NSW); Disposal of Uncollected Goods Act 2020 (Tas).

Contracts: Specific 8.7 “Insurance Contracts”
Updated by Fred Hawke, Consultant, Clayton Utz and Joel Belleli, Solicitor, Clayton Utz

This Subtitle provides an outline of the common law principles relating to, and the statutory regulation of, insurance contracts. This update discusses Globe Church Inc v Allianz Australia Insurance Ltd (2019) 99 NSWLR 470; [2019] NSWCA 27, where the judgment reinforced the distinction between insurance contracts and product/performance warranties. The 2017 Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry is also covered, which resulted in some significant changes to the laws such as the distribution and manner of operation of insurance products.

Key Cases: Globe Church Inc v Allianz Australia Insurance Ltd (2019) 99 NSWLR 470; [2019] NSWCA 27.
Key Legislation: Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures)) Act 2020 (Cth).

Criminal Offences 10.6 “Drug Offences”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle deals with offences relating to drugs proscribed under legislation. This update focuses on the case of R v Angel [2017] QCA 287, where the appellant was found guilty to two counts of possession of dangerous drugs.

Key Cases: R v Angel [2017] QCA 287.
Key Legislation: Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 (Qld); Medicines and Poisons Act 2019 (Qld).

Criminal Procedure 11.10 “Jurisdictional Enforcement”
Updated by Professor Ned Aughterson, Emeritus Professor of Law, Hong Kong Shue Yan University

This Subtitle deals with international extradition procedures and interstate execution of warrants for the return of persons between the Australian States and Territories. This update focuses on Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74, which considered bail applications, and Hijazi v Commissioner of Police (NSW) [2021] NSWSC 515, which dealt with the execution of a warrant.

Key Cases: Hijazi v Commissioner of Police (NSW) [2021] NSWSC 515; Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74.

Criminal Sentencing 12.4 “Sentencing for Specific Offences”
Updated by Kate M Boileau, Barrister

This Subtitle deals with sentencing for specific offences, which occur within a statutory framework characterised by maximum sentences that vary according to offence type. This update discusses the May 2021 New South Wales government’s review on the penalties imposed for domestic and family violence homicides and the standard non-parole periods for murder. Also discussed is statistics regarding sentencing of custodial and non-custodial orders, as well as legislative reform in the area of physical punishment against children from parents or school teachers.

Key Legislation: High Risk Serious Offenders Act 2020 (WA).

Criminal Sentencing 12.9 “Restitution and Compensation Orders”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University of Technology

This Subtitle is concerned with restitution and compensation orders which are made by courts of criminal jurisdiction for economic loss rather than for personal injury. While both the restitution and compensation provisions vary greatly in length and complexity between the jurisdictions, a number of matters of concern common to the various provisions are highlighted.

Key Legislation: Sentencing Act 2017 (SA).  

Dispute Resolution 13.1 “Overview of Dispute Resolution”
Updated by Kate M Boileau, Barrister

This Subtitle focusses upon ADR procedures that have a certain structure; commencement, recognisable process, conclusion and involvement of a third party who is ordinarily not a judicial officer. This update discusses family dispute resolution and the circumstances where this is appropriate.

Key Legislation: Federal Court Rules 2011 (Cth).

Environment and Natural Resources 14.14 “Animals”
Updated by Deborah Cao, Professor, Griffith University

This Subtitle covers the statutory laws, agency regulations and case law concerning the treatment and welfare of animals, including their movement into and out of Australia. This update discusses the role of the Australian Animal Welfare Strategy, which recognises animals are sentient beings with intrinsic value, as well as the Exporter Supply Chain Assurance System. This extensive update also addresses the Australian Animal Welfare Standards and Guidelines, penalties for animal cruelty (including live baiting in greyhound racing and use of animals for cosmetic testing), laws dealing with assistance animals and regulating pet breeding and sale.

Key Cases: Farm Transparency International Ltd v New South Wales [2022] HCA 23; V’landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500; Davenport v Davenport (No 2) (2020) 62 Fam LR 222; [2020] FCCA 2766; Brighton v Will [2020] NSWSC 435; Kadir v The Queen (2020) 267 CLR 109; 94 ALJR 168; Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries and Forestry (2020) 274 FCR 337; [2020] FCA 732; Mulligan v Virgin Australia Airlines Pty Ltd (2015) 234 FCR 207; 326 ALR 677.  
Key Legislation: Export Control Act 2020 (Cth); Export Control (Animals) Rules 2021 (Cth); Inspector-General of Live Animal Exports Act 2019 (Cth); Industrial Chemicals Act 2019 (Cth); Animal Protection Act 2018 (NT).

Equity 15.4 “Equitable Defences”
Updated by Kate M Boileau, Barrister

This Subtitle discusses equitable defences such as waive, delay, illegality and “unclean hands”, as well as set-off. This update discusses Goldsmith v AMP Life Ltd [2021] QCA 20, which involved set-off, where a tenant was seeking compensation in relation to redevelopment works carried out by a landlord under a shopping centre lease.

Key Cases: Goldsmith v AMP Life Ltd [2021] QCA 20.  

Finance, Banking and Securities 18.5 “Negotiable Instruments”
Updated by Ken Robson, Past Lecturer, University of Western Australia, Murdoch University, Notre Dame University of Western Australia

A negotiable instrument may be transferred like cash, by mere delivery, and a bona fide holder for value without notice takes a good title free of any prior equities. The Subtitle discusses the concept and hallmarks of negotiability, as well as bills of exchange.

Key Cases: Bayly v Westpac Banking Corporation [2020] QCA 148.  

Real Property 28.2 “Old System Title”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle deals with old system title or, as it is sometimes called, common law land or general law land. Many of the principles relating to transactions concerning old system title have broader application, for example the rules as to how to create a deed can be applied to transactions that do not involve land. The laws of all jurisdictions are therefore discussed in this Subtitle, with the exception of the registration processes for interests in old system title.

Real Property 28.4 “Torrens System – Principles and Procedures”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle provides an overview of the law relating to the Torrens system in Australia. This update discusses the process of registration of interests, caveatable interests and priority notices.

Revenue Law 31.6 “Capital Gains”
Updated by Daniel Ramon Diaz, Lawyer, Arnold Bloch Leibler

This Subtitle covers the general rules that determine whether a taxpayer has a capital gain or loss and the quantification of that gain or loss. This update discusses the instances where compensation received for wrongs, injuries and illnesses suffered is exempt from capital gains tax, as well as the special rules which apply in determining whether a person is a non-resident for the purposes of non-resident CGT withholding.

Torts 33.3 “Occupiers’ Liability”
Updated by Samuel Burt, Barrister and Solicitor, Victoria

This Subtitle concerns the common law and statutory duties of occupiers to prevent injury to entrants to their premises. This update details the liability and the standard of care owed by occupiers as well as employers.

Key Cases: CGU Insurance Ltd v Coote [2018] WASCA 117; Czatyrko v Edith Cowan University (2005) 79 ALJR 839; [2005] HCA 14.  

Torts 33.10 “Damages”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle expounds the law relating to damages available for injuries inflicted by the committal of torts. This update discusses the important factors for the purposes of assessing damages, which include the date of assessment, interest, discounts, inflation and taxation.

Torts 33.11 “Concurrent Torts”
Updated by Samuel Burt, Barrister and Solicitor, Victoria

This Subtitle examines the law relating to multiple tortfeasors. The Subtitle examines the various classifications of multiple tortfeasors, such as joint, several, concurrent and independent tortfeasors.

Currently scheduled upcoming updates (subject to change):

• Administrative Law 2.4 “Judicial Review of Administrative Action: Reviewable Decisions, Conduct and Powers and General Grounds”
• Criminal Sentencing 12.6 “Financial Orders: Fines”
• Professional Liability 27.1 “General Principles”
• Professional Liability 27.2 “Health Practitioners”
• Real Property 28.16 “Possession”