Equity 15.7 “Rescission”
Updated by Patrick Lin, Barrister, University Chambers

This Subtitle deals with the nature and elements of the remedy of rescission, including the requirements and forms of relief. This update discusses the rescission of a contract due to substantial misdescription.

Key Cases: Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788 (2022) 97 ALJR 1; 406 ALR 632; [2022] HCA 38; Jin Yi Construction Pty Ltd v Romeciti Eastwood Pty Ltd [2022] NSWSC 56.

Equity 15.8 “Injunctions”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle provides a concise statement of the law concerning injunctions. This update discusses injunctions and damages in relation to defamation on social media. Linemile Properties Ltd v Plater [2023] EWHC 810 is featured, which involved an injunction prohibiting a defendant from harassing, assaulting or threatening the claimant’s solicitors.

Key Cases: Linemile Properties Ltd v Plater [2023] EWHC 810; Martin v Najem [2022] NSWDC 479.
Key Legislation: Uniform Civil Rules 2020 (SA).

Equity 15.10 “Tracing”
Updated by David Wright, Barrister and Solicitor

This Subtitle discusses tracing, which is the process by which the plaintiff is able to identify and recover property held by the defendant. RnD Funding Pty Ltd v Roncane Pty Ltd (2023) 297 FCR 91; [2023] FCAFC 28 is discussed in detail in relation to the right to trace.

Key Cases: RnD Funding Pty Ltd v Roncane Pty Ltd (2023) 297 FCR 91; [2023] FCAFC 28; Caron v Jahani (No 2) (2020) 102 NSWLR 537; [2020] NSWCA 117.

Equity 15.14 “Trustees”
Updated by NA Tiverios, Adjunct Associate Professor, University of Western Australia

This Subtitle discusses the rights and duties, powers and responsibilities of trustees in relation to a trust and the beneficiaries of a trust. This update discusses the Rules of the Australian Financial Complaints Authority, specifically the Complaint Resolution Scheme, as well as the fiduciary obligation owed by a successor trustee and the limits on the power of trust variation.

Key Cases: Jordan v Goldspring (No 3) [2024] NSWSC 11; Cisera v Cisera [2023] NSWSC 1507; Cardaci v Cardaci [2023] WASCA 158; Jaken Properties Australia Pty Ltd v Naaman [2023] NSWCA 214; Byers v Saudi National Bank [2024] 2 WLR 237; [2023] UKSC 51.
Key Legislation: Corporations Act 2001 (Cth).

Finance, Banking and Securities 18.10 “Consumer Finance”
Updated by Elizabeth Brumby, Barrister, Victorian Bar

This Subtitle provides an overview of consumer finance in Australia. This update discusses amendments to the National Consumer Credit Protection Act 2009 (Cth) as well as Australian Securities and Investments Commission v SunshineLoans Pty Ltd (No 2) [2024] FCA 345, which summarises the history of this statute. The general obligations of an Australian credit licensee are also featured, as well as the Code of Banking Practice and the National Credit Code.

Key Cases: Australian Securities and Investments Commission v SunshineLoans Pty Ltd (No 2) [2024] FCA 345; Australian Securities and Investments Commission v Membo Finance Pty Ltd (No 2) [2023] FCA 126.
Key Legislation: National Consumer Credit Protection Act 2009 (Cth).

Government 19.7 “Practice and Procedure”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

The focus of this Subtitle is the manner in which the Australian judicial system deals with constitutional matters. It is concerned primarily with the Constitution (Cth), but reference to State constitutional law is made where appropriate.

Key Legislation: Administrative Review Tribunal Bill 2023 (Cth).

Intellectual Property 23.6 “Confidential Information”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

The material in this Subtitle considers various aspects of confidential information. This update addresses the theft of confidential records coupled with attempted extortion, as well as the obligation of confidence to keep information confidential even when the identity of the transgressor is unknown.

Key Cases: HWL Ebsworth Lawyers v Persons Unknown [2024] NSWSC 71.

Real Property 28.1 “Principles of Real Property”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle provides a background to the detailed analysis of the means of obtaining title to land and the interests in land.

Key Legislation: Planning Act 2023 (ACT); Succession Act 2023 (SA).

Real Property 28.5 “Future Interests in Land”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle provides an overview of the law relating to future interests in Australia.

Key Legislation: Succession Act 2023 (SA).

Real Property 28.15 “Physical Limits to Land”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle deals with legal aspects of the physical limits of land. This update discusses the elements considered useful in determining whether an item is a fixture or a chattel.

Key Cases: SPIC Pacific Hydro Pty Ltd v Chief Commissioner of State Revenue (NSW) (2021) 113 ATR 24; 20 BPR 41,275; [2021] NSWSC 395.

Torts 33.1 “Tort and Contract”
Updated by Dr David Mence, Barrister and Member of the Victorian Bar

This Subtitle explores the relationship between tort and contract. This update discusses when damages should be awarded as well as the test for causation and remoteness of damage for breach of contract.

Key Cases: Viterra Malt Pty Ltd v Cargill Australia Ltd [2023] VSCA 157.

Transport 34.3 “Shipping”
Updated by Adjunct Professor Damien J Cremean, Adjunct Professor, University of Queensland

This Subtitle gives commentary on Australian law relating to all aspects of shipping law except regarding sea carriage of goods (except incidentally) and admiralty jurisdiction.

Key Legislation: Harbors and Navigation Regulations 2023 (SA); Marine Safety Regulations 2023 (Vic).

Unfair Dealing 35.5 “Notion of Unconscionability”
Updated by Dr Paul Vout KC, Solicitor

This Subtitle explains the general notion of “unconscionability”. Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 1; 96 ALJR 271; [2022] HCA 6 is featured heavily in this update. Undue influence is discussed, in particular the ways it can be proven, as featured in Thorne v Kennedy (2017) 263 CLR 85; 91 ALJR 1260; [2017] HCA 49.

Key Cases: Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 1; 96 ALJR 271; [2022] HCA 6; Australian Securities and Investment Commission v Kobelt (2019) 267 CLR 1; 93 ALJR 743; [2019] HCA 18; Thorne v Kennedy (2017) 263 CLR 85; 91 ALJR 1260; [2017] HCA 49.

Unfair Dealing 35.9 “Unconscionable Conduct” (formerly “Unconscionable Dealing”)
Updated by Philip H Clarke, Emeritus Professor of Law, Deakin University

The subjects of this Subtitle are the equitable doctrine of unconscionable dealing and the statutory prohibitions of unconscionable conduct in Pt 2-2 of the Australian Consumer Law.  This update discusses the conditions which are “reasonably necessary” for the protection of the interests of a supplier/acquirer.

Key Cases: Productivity Partners Pty Ltd v Australian Competition and Consumer Commission (2023) 297 FCR 180; [2023] FCAFC 54; Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2023] FCAFC 45

Key Legislation: Australian Consumer Law (contained in the Competition and Consumer Act 2010 (Cth)).

Currently scheduled upcoming updates (subject to change):

• Bankruptcy 3.17 “Offences”
• Criminal Procedure 11.11 “Confiscation of Proceeds of Crime”
• Human Rights 21.5 “Work”