Civil Procedure 5.4 “Parties and Joinder”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle deals principally with the rules of court governing joinder of parties as well as the special rules regarding partners. This update discusses the South Australian scheme, in relation to a representative proceeding where persons have a cause of action or right to seek relief.

Key Cases: Nguyen v Rickhuss [2023] NSWCA 249.
Key Legislation: Uniform Civil Rules 2020 (SA).

Civil Procedure 5.9 “Appeals”
Updated by Graeme Pollard, Director, Primetime Legal Research Services

This Subtitle deals with civil appeals in the hierarchy of Australian superior courts of general jurisdiction. This update discusses the South Australian Court of Appeal and the Uniform Civil Rules 2020 (SA).

Key Legislation: Uniform Civil Rules 2020 (SA); Supreme Court (Court of Appeal) Amendment Act 2019 (SA).

Family Law 17.12 “Maintenance in Marital and De Facto Relationships”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle deals with the reciprocal maintenance obligations imposed on spouses and de facto partners by Pts VIII and VIIIAB of the Family Law Act 1975 (Cth) respectively. This update discusses the Federal Circuit and Family Court of Australia, which represents a new complementary administrative structure comprised of two separate divisions, exercising a reformed approach to family law case management in Australia. Also discussed is spousal maintenance and how the Act recognises that a spouse may not be able to support themselves adequately.

Key Cases: Rice v Rice [2020] FamCAFC 174.
Key Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Family Law 17.14 “Alteration of Property Interests”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle examines the principles for the exercise of the court’s discretion under s 79 of the Family Law Act 1975 (Cth) to make orders altering parties’ property interests. The focus of this update is the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) and the purpose of a case assessment conference.

Key Cases: Zha v Wun (No 2) [2022] FedCFamC1F 576.
Key Legislation: Family Law Act 1975 (Cth); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Family Law 17.19 “Family Court Orders”
Updated by Professor Mirko Bagaric, Dean of Law, School of Law, Swinburne University

This Subtitle examines the principles of law that relate to the enforcement of decrees made under the Family Law Act 1975 (Cth) and the sanctions that apply for non-compliance with such orders. This update discusses the main methods for enforcing money orders under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Key Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth); Family Court Rules 2021 (WA).

Insurance and Income Security 22.3 “Social Security”
Updated by Adjunct Professor Allan Anforth, Adjunct Professor of Law, University of Canberra and Peter Sutherland, Visiting Fellow, Australian National University

This Subtitle covers the income transfer payments made under the main Commonwealth schemes other than those for specialised groups. This extensive update deals with the general principles of administration applicable under the legislation, “couples” or “marriage-like relationships”, the “dependency” of a child or adult on another person and “Australian residency”.

Key Legislation: Social Services Legislation Amendment (Welfare Reform) Act 2018 (Cth); Public Governance, Performance and Accountability Act 2013 (Cth).

Professional Liability 27.3 “Legal Practitioners”
Updated by P T Babie FRSA FAAL, Bonython Chair in Law and Professor of Law, The University of Adelaide

This Subtitle focuses on the duty of care owed by legal practitioners to clients, third parties and to the court.

Real Property 28.3 “Torrens System – Indefeasibility and Priorities”
Updated by P T Babie FRSA FAAL, Bonython Chair in Law and Professor of Law, The University of Adelaide

This Subtitle deals with the concept of indefeasibility of title for registered interests and the priorities between unregistered interests in Torrens System land. 

Real Property 28.14 “Restrictive Covenants”
Updated by P T Babie FRSA FAAL, Bonython Chair in Law and Professor of Law, The University of Adelaide

This Subtitle examines the equitable rules pertaining to the enforcement of restrictive covenants between the successors in title to both the original covenantee and the original covenantor.

Restrictive Trade Practices 30.1 “Restraint of Trade”
Updated by Emeritus Professor Philip H Clarke, Adjunct Professor of Law, Australian Catholic University

This Subtitle describes the common law doctrine of restraint of trade and the application of Pt IV of the Competition and Consumer Act 2010 (Cth) and the Restraints of Trade Act 1976 (NSW) to the doctrine. This update expands upon the categories and reasonableness of restraint of trade and specifically explores the findings in the case of Creak v Ford Motor Company of Australia Ltd (2023) 112 NSWLR 272; 326 IR 365; [2023] NSWCA 217. Also discussed is restraints of trade in relation to employment.

Key Cases: Carsal and Associates Pty Ltd (t/ as Triggerpoint Natural Health Centre) v Crozier [2024] NSWSC 26; Creak v Ford Motor Company of Australia Ltd (2023) 112 NSWLR 272; 326 IR 365; [2023] NSWCA 217.
Key Legislation: Competition and Consumer Act 2010 (Cth).

Currently scheduled updates (subject to change):

• Family Law 17.15 “Valuation of Property and Tax and Revenue Issues”
• Family Law 17.17 “Property and Financial Adjustment in De Facto and Domestic Relationships”
• Revenue Law 31.13 “Planning and Anti-avoidance Measures”