Bankruptcy 3.13 “Termination of Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle deals with the two ways in which the legal status of bankruptcy may be terminated. This update discusses the circumstances when a bankrupt can be discharged from bankruptcy.

Key Legislation: Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth).

Bankruptcy 3.19 “Cross-border Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle provides an overview of the Cross-Border Insolvency Act 2008 (Cth) insofar as it concerns bankruptcy. This update discusses the operation of the Model Law on cross-border insolvency, as well as the principles that govern the interpretation of international instruments.

Equity 15.6 “Specific Performance”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle deals with the equitable remedy of specific performance. This update discusses the adequacy of damages, as well as when it is appropriate to award damages.

Key Cases: Frontier Networks Pty Ltd v Philadelphia Developments Pty Ltd [2023] QSC 192; Chatham v Coral Park Pre-Training & Breaking Pty Ltd (2020) 66 VR 171; [2020] VSC 814; Simcevski v Dixon (No 2) [2017] VSC 531; Hera Project Pty Ltd v Bisognin (No 3) [2017] VSC 268.

Equity 15.12 “Delivery Up, Cancellation and Rectification”
Updated by David Wright, Barrister and Solicitor

This Subtitle sets out a collection of equitable principles which apply to obtaining orders for delivery up, cancellation and rectification.

Key Cases: James Adam Pty Ltd v Fobeze Pty Ltd (2020) 103 NSWLR 850; [2020] NSWCA 311.

Family Law 17.13 “Property: General Principles”
Updated by Genevieve Morgan, Principal and Family Law Accredited Specialist, Barry Nilsson

This Subtitle deals with the meaning of the term “property” under the Family Law Act 1975 (Cth), the jurisdiction of courts to entertain property proceedings under this Act, and a declaration of property interests under the Act. This update addresses a military pension being identified as an asset in the context of property in Preston v Preston (2022) 66 Fam LR 285; [2022] FLC 94-108, as well as Grunseth v Wighton [2022] FLC 94-099, which discussed pets as “property”. Superannuation interests is also featured.

Key Cases: Preston v Preston (2022) 66 Fam LR 285; [2022] FLC 94-108; Grunseth v Wighton [2022] FLC 94-099; Woodcock v Woodcock (No 2) [2022] FedCFamC1F 173.

International Trade 24.2 “Foreign Investment”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook and Stephen Cremean, Associate, Kennedys

This Subtitle deals with the principles of foreign investment law in Australia. This update discusses Australia’s Foreign Investment Policy of 2023, as well as the major reforms in 2021 to Australia’s foreign investment review framework. The reforms comprise three main elements: a new national security test for foreign investment proposals involving a “national security business” or land; stronger compliance and enforcement options; and streamlined review processes for foreign investors who want to invest in non-sensitive businesses.

Key Legislation: Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Amendment Act 2020 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

Real Property 28.6 “Rule against Perpetuities”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia 

This Subtitle covers the common law and statutory rules governing perpetuities.

Real Property 28.10 “Licences”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia 

This Subtitle discusses the law relating to licences. This update discusses relief against forfeiture of a contractual licence.

Key Cases: Kay v Playup Australia Pty Ltd [2020] NSWCA 33; Landream Melbourne Pty Ltd v Aust & NZ International Investment Group Pty Ltd [2021] NSWSC 650.
Key Legislation: Planning Act 2023 (ACT).

Revenue Law 31.3 “Income from Property”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle primarily considers interest, rent and royalties as being income from property.

Transport 34.4 “Admiralty”
Updated by Adjunct Professor Damien J Cremean, Adjunct Professor, University of Queensland

This Subtitle deals with Australian law relating to admiralty jurisdiction and the practice and procedure of courts. This update discusses the moving of a vessel when a warrant has been issued, as well as an order for sale of a vessel.

Key Cases: Geelong Port Pty Ltd v “Voyager P” [2023] FCA 918; Qatar National Bank v Owners of Yacht Force India [2020] 2 Lloyd’s Rep 348; Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune [2022] FCA 1556.

Currently scheduled upcoming updates (subject to change):

• Equity 15.4 “Equitable Defences”
• Transport 34.3 “Shipping”
• Unfair Dealing 35.9 “Unconscionable Dealing”