TLA published five Subtitles in June, on a range of important topics. Through the first half of this year we published more than twice the number of Subtitles published during the same period last year.

Administrative Law 2.5 Judicial Review of Administrative Action: Procedural Fairness

Updated by Dr Juliet R Lucy, Senior Solicitor, Crown Solicitor's Office New South Wales

This Subtitle discusses the duty to observe procedural fairness which is liable directly and individually to affect a person's rights, interests or status. This update includes expanded commentary on the legal approach to bias, discussing such cases as McGovern v Ku-Ring-Gai Council (2008) 72 NSWLR 504 and Gwandalan Summerland Point Action Group Inc v Minister for Planning (2009) 168 LGERA 269.

Equity 15.6 Specific Performance

Updated by Associate Professor Samantha J Hepburn, Associate Professor, Deakin University

This Subtitle offers an in-depth consideration of the personal remedy of specific performance. It outlines the preconditions required in order for a court to grant specific performance and the circumstances that exist where damages on their own provide an insufficient remedy. Consideration is also given to a court’s ability to enforce an order for specific performance. Particular mention is made of Riltang Pty Ltd v L Pty Ltd (2006) 12 BPR 22,347 which outlines the width of a court’s jurisdiction to superintend enforcement of an order for specific performance.

Equity 15.8 Injunctions

Updated by Associate Professor Samantha J Hepburn, Associate Professor, Deakin University

This Subtitle provides a concise statement of the law concerning injunctions. This includes an examination of how equitable principles have been applied to the grant of an injunction, together with a practical study of relevant legislation and rules of court. This update also considers the court’s approach to perpetual and interlocutory injunctions, together with Mareva and Anton Piller orders and remedies that may be available to a respondent. In addition, there is a discussion of important High Court cases, including Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; Australian Broadcasting Corp v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; Australian Broadcasting Corp v O’Neill (2006) 227 CLR 57; and European Bank Ltd v Evans (2010) 84 ALJR 239.

Government 19.3 Executive

 Updated by Katrine del Villar, Barrister and Solicitor, Supreme Court of the Australian Capital Territory

This Subtitle provides a comprehensive discussion of the structure and function of the executive arm of government, complementing subtitles 19.2 (legislative arm of government) and 19.4 (judicial arm of government). It includes a consideration of the executive’s Powers, immunities and proprietary prerogatives. The update includes consideration of recent cases including Pape v Federal Commr of Taxation (2009) 238 CLR 1 and New South Wales v Cadia Holdings Pty Ltd (2009) 2 ALJR 331.

International Trade 24.1 Customs and Excise

 Updated by Jeff Cranston, Senior Executive Lawyer, Australian Government Solicitor; Rachel Deane, Senior Lawyer, Australian Government Solicitor; Simon Daley, National Practice Leader, Litigation and Dispute Management, Australian Government Solicitor; BM Griffin, Solicitor, Australian Government Solicitor; Vicki Guthrie, Principal Lawyer, Legal Services Branch, Australian Customs and Border Protection Service; Roslyn Kenway, Senior General Counsel, Australian Government Solicitor; Natalia McEwin, Lawyer, Australian Government Solicitor; Roger Northcote, Director Litigation, Australian Customs and Border Protection Service; and Kate Sullivan, Senior Lawyer, Australian Government Solicitor.

This Subtitle provides clear discussion on customs law in Australia and sets out the constitutional framework of excise law. Updated commentary includes reference to recent case law and changes in legislation. Also included is new discussion on Customs prosecutions, Customs officer powers, anti-dumping and countervailing measures and relevant free trade agreements.