Contract: General Principles 7.2 “Vitiating Factors”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses factors which may vitiate a contract, such as a lack of formality, mistake, and principles relating to illegality and public policy. This update addresses the signature requirements in order for a contract to be enforceable, as well as the consequences of illegality.

Contracts: Specific 8.9 “Electronic Contracts”
Updated by David Spencer, Senior Lecturer-in-Law, Australian Catholic University 

This Subtitle focuses on both the general features of and the specific law relating to electronic contracts. This update addresses the international and domestic legislative framework on contract law through the lens of electronic contracting. It also applies a number of the central common law principles of the formation of contract, including invitation, offer and acceptance, consideration, and terms.

Key Cases: Dialogue Consulting Pty Ltd v Instagram Inc (2020) 291 FCR 155; [2020] FCA 1846.
Key Legislation: Electronic Transactions Regulations 2020 (Cth).

Dispute Resolution 13.2 “Mediation and Conciliation”
Updated by David Spencer, Senior Lecturer-in-Law, Australian Catholic University

This Subtitle covers the common law, statutory provisions and commentary relating to mediation and conciliation in Australia including the practice and procedure of those two processes. This update discusses the definition of “mediation”, “conciliation” and “dispute resolution”, as well as the objectives of the Fair Work Act 2009 (Cth), the Civil Dispute Resolution Act 2011 (Cth), the Fair Work Commission and the NSW Civil and Administrative Tribunal.

Key Legislation: Civil and Administrative Tribunal Regulation 2022 (NSW); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth); Health Complaints Act 2016 (Vic); Fair Work Act 2009 (Cth).

Environment and Natural Resources 14.9 “Water”
Updated by James Gray, Barrister, Victorian Bar

This Subtitle describes how the water resources in Australia are managed, how rights and obligations concerning water are recognised and created and how these systems are enforced through the acknowledgment of liabilities flowing from unlawful, and in some cases lawful, conduct on the part of institutions and individuals. This update discusses Regional Landscape Boards, the Landscape South Australia Act 2019 (SA) and the Water and Catchment Legislation Amendment Act 2021 (Vic), as well as the Water Act 2000 (Qld) in detail.

Key Legislation: Water Industry Competition Amendment Act 2021 (NSW); Landscape South Australia Act 2019 (SA).

Human Rights 21.1 “Development and Definition of Human Rights”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle identifies international human rights sources relevant to Australian law. This update discusses the United Nations Human Rights Committee and the COVID-19 pandemic.

Human Rights 21.4 “Civil and Political Rights”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle addresses the rights necessary to support representative democracy and the autonomy of individuals in society. This update features commentary on the travel bans in different States during the COVID-19 pandemic and also how protests were handled. Love v Commonwealth (2020) 270 CLR 152; 94 ALJR 198; [2020] HCA 3 is also discussed which addresses Aboriginality.

Key Cases: Unions NSW v New South Wales (2023) 296 ALJR 150; 407 ALR 277; [2023] HCA 4; Farm Transparency International Ltd v New South Wales (2022) 96 ALJR 655; [2022] HCA 23; LibertyWorks Inc v Commonwealth (2021) 274 CLR 1; 95 ALJR 490; [2021] HCA 18; Love v Commonwealth (2020) 270 CLR 152; 94 ALJR 198; [2020] HCA 3.
Key Legislation: Biosecurity Act 2015 (Cth); Electoral Funding Act 2018 (NSW).

Transport 34.1 “Carriage”
Updated by John Livermore, Chief Executive Officer, John Livermore Enterprises

This Subtitle covers the principal features of the law of carriage relating to land and sea transport. This update discusses demurrage, K Line Pte Ltd v Priminds Shipping (HK) Co Ltd [2020] EWHC 2373 and Alize 1954 v Allianz Elementar Versicherungs AG [2020] EWCA Civ 293.

Key Cases: Alize 1954 v Allianz Elementar Versicherungs AG [2020] EWCA Civ 293; K Line Pte Lt d v Priminds Shipping (HK) Co Ltd [2020] EWHC 2373.

Currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.1 “Constitutional Status”
• Criminal Sentencing 12.13 “Sentencing Procedure”
• Evidence 16.7 “Privilege and Public Interest Immunity”