Bankruptcy 3.3 “Voluntary Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle deals with bankruptcy initiated by a debtor against himself or herself, and ancillary matters. This update covers the information the Official Receiver must give a debtor when a declaration is presented of an intention to present a debtor’s petition.

Key Cases: Re Mottershead [2024] FCA 823; Official Receiver v Chan [2024] FCA 542.
Key Legislation: Bankruptcy Act 1966 (Cth); Bankruptcy Regulations 2021 (Cth).

Bankruptcy 3.7 “Trustee in Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle examines the functions, powers and liabilities of the trustee in bankruptcy. This update addresses in detail the duties of a trustee in bankruptcy. The statutory power of a trustee in bankruptcy to disclaim onerous property is discussed.

Key Legislation: Bankruptcy Act 1966 (Cth); Insolvency Practice (Bankruptcy) Amendment Rules 2022 (Cth).

Bankruptcy 3.15 “Compositions or Schemes after Commencement of Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle covers compositions and schemes of arrangement put to creditors by a bankrupt after the commencement of bankruptcy as a means of satisfying a bankrupt’s debts under the Bankruptcy Act 1966 (Cth). This update discusses in detail the procedure involved where a bankrupt proposes to their creditors for a composition or scheme in relation to their debts.

Key Legislation: Bankruptcy Act 1966 (Cth); Bankruptcy Regulations 2021 (Cth).

Labour Law 26.1 “Individual Employment”
Updated by Joel Butler, Lecturer, Melbourne Law School, University of Melbourne and St Thomas More Law School, Australian Catholic University

This Subtitle outlines the rights and obligations arising under an individual contract of employment as well as the rights provided for under relevant (mostly federal) statutory provisions. This extensive update explores the numerous ways to determine the nature of an employment relationship, such as the terms in a written contract and the mode of remuneration. This update also considers volunteers, ministers of religion and officers of the Crown.

Key Cases: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165; 96 ALJR 89; [2022] HCA 1.
Key Legislation: Fair Work Act 2009 (Cth).

Currently scheduled updates (subject to change):

• Criminal Offences 10.7 “Revenue and Currency Offences” 
• Intellectual Property 23.3 “Circuit Layouts”
• Torts 33.6 “Strict Liability”