April 2012 Highlights

Subtitle 5.3 Discovery and Interrogatories Westlaw AU / Legal Online

Updated by Boxun Yin, Solicitor, Norton Rose

This instalment update (for Chapters 1 – 6) focuses on the general purposes of discovery, preliminary discovery, search and freezing orders, discovery in the course of proceedings and medical examinations of the plaintiff. The Subtitle deals in detail with the Rules of Court in each Australian jurisdiction, and also addresses the impact of the Uniform Evidence Acts on certain aspects of discovery and interrogatories. The Subtitle also includes numerous important cases, including WYETH v Department of Health and Ageing (2009) 255 ALR 352; [2009] FCA 313; Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506; [2010] NSWCA 69 and New Cap Reinsurance Corp Ltd (in liq) v Daya [2008] NSWSC 763.

Subtitle 10.1 Homicide Westlaw AU / Legal Online

Updated by Professor Paul Ames Fairall, Foundation Dean of Law, Curtin University

This Subtitle explores the key concepts of the law of homicide, including conduct and mental elements for unlawful killing, and situations involving acts and omissions, or where a homicide may be justified or excused. This comprehensively updated discussion sets out the various types of homicide, such as murder, constructive murder, negligent manslaughter and manslaughter by unlawful and dangerous act, and clarifies the application of the principles across Australian jurisdictions, at common law and under the Criminal Codes. Detailed consideration is given to the operation of partial defences to murder, including diminished responsibility, provocation, infanticide and suicide pact. Finally, the update concludes with an examination of the procedural issues attendant on alternative verdicts and jury directions in this complex area.

This Subtitle was also published as an easy-to-reference softcover book in April 2012. Click here for more details.

Subtitle 16.7 Privilege and Public Interest Immunity Westlaw AU / Legal Online

Updated by Professor Mirko Bagaric, Barrister and Solicitor, Supreme Court of Victoria and Professor, School of Law, Deakin University

This update addresses the changes to the areas of privilege and public interest immunity in light of the adoption of the Uniform Evidence Acts in the Commonwealth, the Australian Capital Territory, New South Wales, the Northern Territory, Tasmania and Victoria. It also includes important recent decisions such as the High Court case of Australian Crime Commn v Stoddart (2011) 86 ALJR 66; [2011] HCA 47, which settles the common law position in relation to claims for privilege against incrimination of a witness's spouse and Deputy Federal Commr of Taxation v Law Institute of Victoria Ltd (2010) 27 VR 51; 78 ATR 809; 267 ALR 127, which discusses the application of the public interest immunity. Other notable decision covered in this update include Australian Competition & Consumer Commn v Cadbury Schweppes Pty Ltd (2009) 174 FCR 547; 254 ALR 198; [2009] ATPR 42-285; [2009] FCAFC 32; Eric Preston Pty Ltd v Euroz Securities Ltd (2009) 175 FCR 508, [2009] FCA 240; Unsworth v Tristar Steering and Suspension Australia Ltd [2007] FCA 1081 and Commonwealth v Vance (2005) 224 FLR 243; 158 ACTR 47; [2005] ACTCA 35.

Subtitle 21.8 Families and Education Westlaw AU / Legal Online

Updated by Professor Mirko Bagaric, Barrister and Solicitor, Supreme Court of Victoria and Professor, School of Law, Deakin University

This Subtitle examines Australia's obligations according to international human rights statements, proclamations and provisions concerning families and education affecting, directing or governing Australian domestic law. This update includes references to the Human Rights Act 2004 (ACT) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) in relation to family-oriented rights, as well as discussion of the subject of family in cases such as R v YL (2004) 187 FLR 84; [2004] ACTSC 115 and A v Chief Executive of Department of Disability, Housing & Community Services (2006) 160 ACTR 7; [2006] ACTSC 43.

Subtitle 21.10 Equality and the Rule of Law Westlaw AU / Legal Online

Updated by Professor Mirko Bagaric, Barrister and Solicitor, Supreme Court of Victoria and Professor, School of Law, Deakin University

This Subtitle examines equality as a fundamental principle of human rights law and its application to Australia's equal opportunity and anti-discrimination legislation. The Human Rights Act 2004 (ACT) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) are discussed in this update, and their impact on existing Australian Capital Territory and Victorian law. The case of Momcilovic v The Queen (2011) 85 ALJR 957; 280 ALR 221; [2011] HCA 34, which deals with the Victorian legislation, is featured heavily in this update.

Subtitle 32.1 Sporting Structures and Event Management Westlaw AU / Legal Online

Updated by Elle Curran, Legal Editor, The Laws of Australia

This Subtitle discusses the advantages and disadvantages of using particular types of structures to facilitate a sporting event. It also deals with the potential issues that may arise under certain areas of the law, such as contract, tort and copyright, for event managers. The Subtitle also includes more recent case authorities in sports law, such as Bulldog Rugby League Club Ltd v Williams [2008] NSWSC 822, and recent legislative developments, such as certain provisions of the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth), that may impact on the different parties engaged in sporting events.

Subtitle 32.5 Discrimination in Sport Westlaw AU / Legal Online

Updated by Jeremy Kam, Team Leader, The Laws of Australia

This Subtitle explores disability, racial, sex and age discrimination in the context of sporting activity or competitive sporting activity at both the federal and State or Territory level, and outlines the various lawful exceptions to discrimination allowed for by the legislation.

 May 2012 planned updates

(please note that Subtitles are subject to change):

• 14 Environment and Natural Resources 14.7 “Biodiversity”
• 17 Family Law 17.19 “Family Court Orders”
• 23 Intellectual Property 23.1 “Copyright” Ch 11
• 32 Sport and Leisure 32.4 “Liability”
• 34 Transport 34.4 “Admiralty”