Bankruptcy 3.11 “Recovery Action in Relation to Pre-bankruptcy Dispositions”
Updated by Steven Foale, Principal, Maurice Blackburn

This Subtitle discusses the actions which may be brought by a trustee in bankruptcy to recover property or money disposed of prior to bankruptcy in favour of third parties, with a view to augmenting assets in the bankrupt estate, and thus the moneys available for distribution among the general body of creditors. This update discusses the process involving the Official Receiver where a transaction is alleged to be void as against the trustee of a bankrupt’s estate, including notices and limitation periods.

Key Cases: Davidson v Official Receiver (2021) 17 ABC(NS) 610; [2021] FCAFC 73.
Key Legislation: Bankruptcy Regulations 2021 (Cth); Federal Circuit and Family Court of Australia Act 2021 (Cth).

Bankruptcy 3.12 “Administration of the Estate”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle focuses on the duties and powers of a trustee in bankruptcy to manage and dispose of the property of a bankrupt and the rights of creditors to participate in any distribution of funds made by the trustee out of the proceeds of realisation of the bankrupt’s assets. This update sets out the requirements for convening and holding meetings between creditors and discusses the appointment of a trustee and the powers of the court to make orders in relation to the administration of an estate.

Key Cases: Federal Commissioner of Taxation v Lane [2020] FCAFC 184.
Key Legislation: Bankruptcy Regulations 2021 (Cth).

Contracts: Specific 8.3 “Building and Construction Contracts”
Updated by Scott Laycock, Partner, Mills Oakley, Sydney

This Subtitle examines the unique features of building and construction contracts. This update includes commentary on what constitutes a “business day” and timing requirements for progress claims and certificates. It also addresses proportionate liability in relation to construction contracts, as well as the significant reform in the residential apartments building space.

Key Legislation: Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW); Design and Building Practitioners Act 2020 (NSW); Strata Schemes Management Act 2015 (NSW); Building Industry Fairness (Security of Payment) Act 2017 (Qld).

Finance, Banking and Securities 18.2 “Types of Financial Institutions”
Updated by Damien J Cremean, Adjunct Professor, Australia Catholic University

This Subtitle examines the various types of financial institutions, such as merchant banks, finance and leasing companies, credit unions and building societies, and gives an overview of banks and provides statutory and common law definitions. The Subtitle also provides a discussion of “seamless” investment, insurance and superannuation products.

Key Legislation: Corporations Act 2001 (Cth).

Government 19.5 “Federal Constitutional System”
Updated by Professor Sarah Joseph, Professor, Griffith University, Queensland

This Subtitle deals with all aspects of the division of power between the levels of government in Australia and the federal fiscal and economic framework. This update discusses Palmer v Western Australia (2021) 95 ALJR 229; [2021] HCA 5 and s 92 of the Constitution, which guarantees freedom of interstate intercourse, regarding movement and communication between States. Palmer v Western Australia concerned a challenge to the closure of the Western Australian border to the other Australian States during the COVID-19 pandemic to stop the spread of SARS-COV-2.

Key Cases: Palmer v Western Australia (2021) 95 ALJR 229; [2021] HCA 5.

Health and Guardianship 20.5 “Public Health and Infectious Diseases”
Updated by Paula O’Brien, Associate Professor, Melbourne Law School

This Subtitle focuses on the narrow aspect of public health concerning the control of infectious diseases. The main focus of this update is COVID-19, and the changes made to Public Health Acts, as well as Australia’s response to the pandemic.

Key Legislation: National Emergency Declaration Act 2020 (Cth); Public Health Regulation 2018 (Qld).

Health and Guardianship 20.11 “Regulation of Drugs”
Updated by Dr Annegret Kämpf, Teaching Associate, Faculty of Law, Monash University

This Subtitle discusses the law relating to the regulation of drugs for medicinal purposes in humans, rather than the law relating to the illegal importation, manufacture, supply and administration of drugs. This update discusses the statutory procedures involved in carrying out clinical trials, as well as the registration and labelling of therapeutic goods, and Schs 4 and 8 poisons.

Key Legislation: Medicines and Poisons (Medicines) Regulation 2021 (Qld); Medicines and Poisons Act 2019 (Qld).

Update 375 currently scheduled updates (subject to change):

• Administrative Law 2.8 “Royal Commissions and Public Inquiries”
• Civil Procedure 5.10 “Limitation of Actions”
• Insurance and Income Security 22.1 “Insurance”