Criminal Offences 10.4 “Offences of Dishonesty”
Updated by William Prizeman, Barrister, Legal Aid Queensland

In this Subtitle, theft, fraud, burglary, robbery, and cognate offences are referred to collectively as “offences of dishonesty”. This update discusses the key elements of “deception” and “dishonesty”, as well as the definition of “dwelling”. Also discussed is the requirements in a development application for approval for a development proposal.

Key Legislation: Criminal Code (Qld); Electricity Safety (General) Regulations 2019 (Vic).

Environment and Natural Resources 14.4 “Development Control”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle encompasses the legal controls placed upon development through the approval process in the different States and Territories. This update features an overview of the Planning, Development and Infrastructure Act 2016 (SA) and the Independent Planning Commission.

Key Legislation: Planning and Development Act 2007 (ACT); Planning, Development and Infrastructure Act 2016 (SA).

Equity 15.1 “History and Nature of Equity”
Updated by Dr Nicholas A Tiverios, Senior Lecturer, Faculty of Law, University of Western Australia

This Subtitle provides an introduction to the history and nature of equity, to its maxims, to some of the foundational concepts of the equitable jurisdiction, and to equitable estates and equitable proprietary rights. This extensive update addresses the distinction between equity and common law and also discusses equitable property rights and protection in bankruptcy regarding assets of an unadministered estate.

Key Cases: Boensch v Pascoe (2019) 268 CLR 593; 94 ALJR 112; [2019] HCA 49.

Health and Guardianship 20.4 “Health Care Authorities and Administration”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle provides an overview across all jurisdictions of the multiple regulatory and administrative structures that comprise the complex Australian health system. This update discusses the role and function of the Private Health Insurance Ombudsman, as well as the Tasmanian Health Service and Western Australian Department of Health. The latest version of the National Health Reform Agreement (2020-2025) is also addressed.

Key Legislation: Health Services Act 2021 (NT); Tasmanian Health Service Act 2018 (Tas); Health Services Act 2016 (WA).

Unfair Dealing 35.3 “Unfair Practices”
Updated by Philip Clarke, Senior Fellow, Melbourne Law School

The subject of this Subtitle is the Australian Consumer Law’s prohibition of unfair practices. This update discusses “goods”, “services” and “supply”, as well as the prohibition involving a person making a false or misleading representation in relation to a sponsorship, approval, affiliation, testimonial, place of origin or sale of land.

Key Cases: Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 2) [2021] FCA 26; Australian Competition and Consumer Commission v Woolworths Group Ltd [2020] FCAFC 162; Australian Competition and Consumer Commission v Service Seeking Pty Ltd [2020] FCA 1040; Australian Securities and Investments Commission v Rent 2 Own Cars Australia Pty Ltd (2020) 147 ACSR 598; [2020] FCA 1312.
Key Legislation: Australian Consumer Law; Competition and Consumer Act 2010 (Cth).

Update 371 currently scheduled updates (subject to change):

• Contract: General Principles 7.5 “Performance”

• Criminal Sentencing 12.3 “Interpretation of Penalty Provisions”

• Criminal Sentencing 12.6 “Financial Orders: Fines”

• Environment and Natural Resources 14.5 “Environmental Impact Assessment”    

• Evidence 16.6 “Computer Produced Evidence”