Bankruptcy 3.8 “Effects of Bankruptcy”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle discusses how the bankruptcy of an individual has profound implications, not only for the bankrupt personally but also for the bankrupt’s property and for persons associated with the bankrupt. This update addresses the court process involved which applies to certain transactions, such as an undervalued transaction, which were entered into prior to bankruptcy set aside and declared void.

Key Cases: Re St Gregory’s Armenian School Inc (in liq) (No 2) [2020] NSWSC 1601; Burhala v Federal Commissioner of Taxation [2020] FCA 1854; Shepard v Behman [2019] FCA 1801.
Key Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth); Bankruptcy Act 1966 (Cth).

Environment and Natural Resources 14.6 “Environmental Harm: Pollution Control and
Hazardous Substances”
Updated by Professor Samantha J Hepburn, Professor, School of Law, Deakin University

This Subtitle covers a wide range of activities that have the potential to cause or threaten environmental harm. This extensive update features commentary on the Industrial Chemicals Act 2019 (Cth) and the Australian Industrial Chemicals Introduction Scheme, which assesses the risks of industrial chemicals and seeks to ensure that information is provided regarding their safe use. Also covered in this update is the Australian Maritime Safety Authority, the National Registration Scheme for Agricultural and Veterinary Chemicals, and the Department of Planning, Industry and Environment.

Key Cases: Nurse v Republic of Trinidad and Tobago [2020] 2 WLR 131.
Key Legislation: Industrial Chemicals Act 2019 (Cth); Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 (Vic); Drugs, Poisons and Controlled Substances Regulations 2017 (Vic).

Intellectual Property 23.1 “Copyright” Chs 1–3, 12–13
Updated by Peter Knight, Sole Practitioner

This Subtitle describes the law of copyright derived from the Copyright Act 1968 (Cth). This update discusses the exact amount or nature of knowledge, labour, judgment, skill or taste which an author (or multiple authors) must bestow on a work in general for it to be original.

Key Cases: Career Step LLC v TalentMed Pty Ltd (No 2) (2018) 129 IPR 70; 354 ALR 300; [2018] FCA 132.
Key Legislation: Copyright Act 1968 (Cth).

Professional Liability 27.8 “Valuers”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle examines the legal obligations of valuers in the conduct of their profession. This update discusses the Civil Liability Acts adopted in each State, which modified the common law position of how courts should assess evidence of acceptable practice. Discussion of the published standards of the main professional bodies – the Royal Institution of Chartered Surveyors and International Valuation Standards Council – is also featured.

Key Cases: Middlemount South Pty Ltd v Anglo American Metallurgical Coal Assets Pty Ltd [2020] QCA 132.

Wills and Estate Administration 36.2 “Family Provision”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle discusses the law of family provision, which is the product of legislation as interpreted by the courts. This update examines the factors that the court takes into consideration in relation to the claims of a divorced spouse, such as the existence of property.

Key Cases: McDonald v O’Connor [2019] NSWSC 261; Lodin v Lodin (2017) 16 ASTLR 576; [2017] NSWCA 327.
Key Legislation: Succession Act 2006 (NSW).

Update 368 currently scheduled updates (subject to change):

• Communications 6.1 “Civil Defamation”
• Contracts: Specific 8.8 “Government Contracts”
• Criminal Offences 11.1 “Criminal Investigation”
• Environment and Natural Resources 14.3 “Local Planning Schemes and Compensation”
• Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 12