Aboriginal and Torres Strait Islander Peoples 1.1 “Constitutional Status”
Updated by Justin Carter, Barrister, Queensland Bar

This Subtitle provides an overview of the constitutional status of Australia’s Indigenous peoples following colonisation. This update discusses the history of constitutional recognition and reports from the Gillard Labor Government, the Joint Select Committee on the Recognition of Aboriginal and Torres Strait Island People and the Referendum Council.

Key Cases: Walker v South Australia (No 2) (2013) 215 FCR 254; [2013] FCA 700.

Bankruptcy 3.3 “Voluntary Bankruptcy”
Updated by Dr Colin Anderson, Adjunct Associate Professor, School of Law, Queensland University of Technology

This Subtitle deals with bankruptcy initiated by a debtor against himself or herself, and ancillary matters. This update discusses the duties of a trustee when a person becomes bankrupt, such as setting out the details regarding the method of remuneration and disbursements.

Key Cases: Williamson v Michell (2019) 16 ABC(NS) 472; [2019] FCA 481; Compton v Ramsay Health Care Australia Pty Ltd (2017) 256 FCR 345; 15 ABC(NS) 517; [2017] FCAFC 221; Beamon v Bond (2017) 254 FCR 480; 15 ABC(NS) 250; [2017] FCAFC 142; Bowden v Combis [2016] FCCA 1986.
Key Legislation: Insolvency Law Reform Act 2016 (Cth); Insolvency Practice Rules (Bankruptcy) 2016 (Cth); Bankruptcy Act 1966 (Cth).

Bankruptcy 3.15 “Compositions or Schemes after Commencement of Bankruptcy”
Updated by Dr Colin Anderson, Adjunct Associate Professor, School of Law, Queensland University of Technology

This Subtitle covers compositions and schemes of arrangement put to creditors by a bankrupt after the commencement of bankruptcy, as a means of satisfying a bankrupt's debts, under the Bankruptcy Act 1966 (Cth). This update discusses the Insolvency Practice Rules (Bankruptcy) 2016 (Cth) in relation to the voting of a trustee at a special resolution meeting, as well as the annulment of a bankruptcy.

Key Cases: Mandri v Nicholls (2017) 326 FLR 360; [2017] FCCA 2728; Mouglalis v Bendigo & Adelaide Bank Ltd (2017) 250 FCR 92; 16 ABC(NS) 105; [2017] FCAFC 47.
Key Legislation: Insolvency Law Reform Act 2016 (Cth); Insolvency Practice Rules (Bankruptcy) 2016 (Cth); Bankruptcy Act 1966 (Cth).

Bankruptcy 3.17 “Offences”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle deals with offences under the Bankruptcy Act 1966 (Cth). This update includes commentary on the concealing and removal of property by a bankrupt, as well as the enforceability of a contract entered into by a bankrupt and the use of a dedicated administration account by trustees of a bankrupt estate. Also featured is discussion in relation to the prohibition of a trustee of a bankrupt estate deriving profit or advantage from the administration of an estate, and the consequences of a trustee failing to keep proper books and records of a business involving a bankrupt. 

Key Cases: Maxcon Constructions Pty Ltd v Vadasz (2018) 92 ALJR 277; [2018] HCA 5; Maxcon Constructions Pty Ltd v Vadasz (No 2) (2017) 127 SASR 193; [2017] SASCFC 2.
Key Legislation: Bankruptcy Act 1966 (Cth).

Evidence 16.1 “General Principles of Evidence”
Updated by Stephen J Odgers SC, Adjunct Professor, Faculty of Law, University of Sydney

This Subtitle explains the essential features and terminology of the procedural process within which facts are proved through the tender of evidence. This update discusses Police (SA) v Dunstall (2015) 256 CLR 403; 243 A Crim R 573; [2015] HCA 26 where the High Court considered whether a magistrate had been correct to exercise a common law “general unfairness discretion” to exclude evidence of the concentration of alcohol indicated by a breath analysing instrument as being present in a driver’s blood. Also included is commentary discussing the questioning of a vulnerable witness.

Key Cases: Australian Competition and Consumer Commission v Apple Pty Ltd (No 3) [2018] FCA 617; Police (SA) v Dunstall (2015) 256 CLR 403; 243 A Crim R 573; [2015] HCA 26.
Key Legislation: Evidence Act 1995 (Cth).

Finance, Banking and Securities 18.8 “Loans and Project Finance”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle gives a detailed discussion of loans and project financing. This update discusses unincorporated joint ventures, default rates and interests and penalties, and managed investment schemes.

Key Cases: Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525; 90 ALJR 835; [2016] HCA 28.
Key Legislation: Managed Investments Act 1998 (Cth).

Government 19.7 “Practice and Procedure”
Updated by Justin Carter, Barrister, Queensland Bar

The focus of this Subtitle is the manner in which the Australian judicial system deals with constitutional matters. This update discusses Burns v Corbett (2018) 92 ALJR 423; [2018] HCA 15, where the High Court considered the legislative competence of State legislatures to confer adjudicative authority on a State administrative tribunal to determine controversies between residents of different States.

Key Cases: Burns v Corbett (2018) 92 ALJR 423; [2018] HCA 15; Wilkie v Commonwealth (2017) 91 ALJR 1035; [2017] HCA 40; Re Culleton (2017) 91 ALJR 302; [2017] HCA 3; Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 257 CLR 42; 90 ALJR 297; [2016] HCA 1.
Key Legislation: Civil and Administrative Tribunal Act 2013 (NSW).

Labour Law 26.5 “Workers’ Compensation”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle explores the scope of workers’ compensation in Australia and its associated legislation, including available benefits, rehabilitation programs, common law remedies, insurance, dispute resolution, and administrative aspects. This update focuses on workers’ compensation in the Northern Territory and South Australia in relation to a worker’s spouse, as well as the weekly payment system throughout Australia. Strict restrictions involved in actions in common law against an employer for injuries suffered at work and dispute resolution options are also dealt with.

Key Cases: Hollis v Vabu Pty Ltd (2001) 207 CLR 21; 75 ALJR 1356; [2001] HCA 44.
Key Legislation: Workers’ Compensation (Dust Diseases) Regulation 2018 (NSW); Workers Rehabilitation (Bush Fire, Emergency and Rescue Services) Regulation 2017 (NSW); Government Sector Finance Act 2018 (NSW); Return to Work Act 2015 (NT); Return to Work Act 2014 (SA); Workers’ Compensation (Legal Practitioners and Registered Agents) Costs Determination 2018 (WA).

Unfair Dealing 35.6 “Estoppel”
Updated by Dr Paul Vout, Solicitor, Supreme Courts of New South Wales, Northern Island, England and Wales

This Subtitle is concerned with the principles of estoppel at common law and in equity other than those forms of estoppel which describe the binding effect of a judicial determination. This update provides commentary on estoppel by omission, or “Anshun estoppel”, as well as Tomlinson v Ramsay Food Processing Pty Ltd (2015) 256 CLR 507; 89 ALJR 750; [2015] HCA 28, which discusses judgment. Also discussed is relief for an abuse of process.

Key Cases: Winky Pop Pty Ltd v Victoria [2019] VSCA 9; Commissioner of State Revenue (Vic) v Mondous (2018) 55 VR 643; [2018] VSCA 185; Tomasevic v Victoria [2018] VSCA 325; UBS AG v Tyne (2018) 92 ALJR 968; 360 ALR 184; [2018] HCA 45; Australian Competition and Consumer Commission v Swishette Pty Ltd [2018] FCA 55; Boyle v Forgione [2018] FCCA 2578.

Update 349 currently scheduled updates (subject to change):

• Interpretation and Use of Legal Sources 25.1 “Public Law”
• Interpretation and Use of Legal Sources 25.2 “International Law”
• Interpretation and Use of Legal Sources 25.3 “Private Law”
• Interpretation and Use of Legal Sources 25.4 “Case Law”