Recent updates

Aborigines and Torres Strait Islanders 1.6 Civil Justice Issues

Updated by George B Newhouse, Special Counsel, Surry Partners

This Subtitle deals with those civil justice issues that have particular relevance to Aboriginals and Torres Strait Islanders. Subjects include racial discrimination, judicial standing, rules of intestacy, charitable institutions, social security, compensation for personal injury, and consumer protection. Recent case law, such as Cubillo v Commonwealth (2001) 112 FCR 455; 183 ALR 249; [2001] FCA 1213 and Trevorrow v South Australia [No 5] (2007) 98 SASR 136; [2007] SASC 285 are considered within the context of personal injury compensation for cultural loss. Recent legislation, such as the Northern Territory National Emergency Response Act 2007 (Cth) and the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 (Cth) are considered within the context of racial discrimination.

Communication 6.8 Communications

Updated by Matt Vitins, Lawyer, Allens Arthur Robinson

Broadcasting law has evolved substantially in the past 10–15 years, particularly in response to the exponential growth of the internet and more recently, the shift from analogue to digital transmission of television content and the development of digital radio services. This Subtitle has been updated to cover these changes to the communications landscape. It discusses the scope of broadcasting law in Australia and its regulatory foundations, the licensing requirements of broadcasters and types of broadcasting licences, and the limits of ownership and control of media operations. Also explored are the rules and regulations relating to programming, including the various broadcasting Codes of Practice operational in Australia, the special position of the ABC and SBS, and finally the legislation pertaining to the digital transmission of television (with the full transition from analogue to digital free-to-air television to be complete by the end of 2013) and radio content.

Criminal Offences 10.5 Interference with Property

Updated by Dr Roger Brown, Magistrate, Local Court of New South Wales

The protection of property rights, beyond that of stealing, is covered in this Subtitle. This includes protection for intangible property rights, such as property that “exists in” and is accessed “through” computers. Another category of protection occurs where there is no actual theft but property is damaged in some way. This includes threatened and actual damage. The Subtitle deals with the somewhat newer offences of computer related crime in a comprehensive manner, providing a thorough coverage of the various Criminal Code provisions and their differences in each jurisdiction.

Finance, Banking and Securities 18.8 Loans and Project Finance

Updated by Joanne Crew and Sarrah Coffey, Partners, Freehills

This Subtitle provides extensive coverage of loans and project finance. It is split into three areas: terms and fully drawn loans; recourse and non-recourse project financing; and bank roles in multi-bank financing.

Forthcoming updates

The following subtitles are scheduled for updating in the next month:

• Criminal Procedure 11.5 Committal Proceedings
• Environment and Natural Resources 14.6 Environmental Harm: Pollution Control and Hazardous Substances, Chs 7, 9
• Family Law 17.18 Injunctions
• Government 19.1 Constitutional Law
• Health and Guardianship 20.3 Institutional and Professional Liability and 20.12 Medical Technology, Ch 4

For a complete list of forthcoming updates, visit The Laws of Australia homepage.