The following Subtitles were updated in August 2014 and are now available on Westlaw AU.

Criminal Law Principles Subtitle 9.2 “Ancillary Liability”

Updated by Danielle Andrewartha, Senior Consultant, McPhee Andrewartha

This Subtitle deals with the general principles and rules governing ancillary liability. Complicity, attempt, conspiracy, and incitement, as the main forms of ancillary liability, are looked at in detail, as are corporate liability and vicarious liability. In this update, a significant addition has been made to the topic of employers’ vicarious liability in the context of prohibited conduct under State and federal anti-discrimination and occupational work health and safety laws – with an in-depth discussion of the cases of Lee v Smith [2007] FMCA 59, Caton v Richmond Club Ltd [2003] NSWADT 202 and McAlister v SEQ Aboriginal Corp [2002] FMCA 109. The Subtitle has also been amended to reflect the abolition of the distinction between felonies and misdemeanours which previously existed in all Australian jurisdictions.

Criminal Sentencing Subtitle 12.3 “Interpretation of Penalty Provisions”

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle which focuses on the principles of statutory interpretation of penalty provisions and their application has been updated to include discussion of D’Costa v Roe (2013) 228 A Crim R 350; [2013] WASC 99 in the context of second or subsequent offences. The Subtitle now also references more recent cases like Momcilovic v The Queen (2011) 245 CLR 1; 85 ALJR 957; 209 A Crim R 1; [2011] HCA 34, M v Police (2012) 218 A Crim R 276; [2012] SASCFC 24 and Lecornu v The Queen (2012) 36 VR 382; 222 A Crim R 73; [2012] VSCA 137.

Environment and Natural Resources Subtitle 14.14 “Animals”

New Subtitle by John Mancy, Founding Editor, Australian Animal Protection Law Journal

Animal Law is a growing area of law in Australia, governing how and under what conditions animals of all forms ought to be treated by human endeavours. This brand new Subtitle in The Laws of Australia explores the legal status and treatment of animals in Australia in the areas of companionship and assistance, farming and slaughter, sport and exhibition, research, wild animals, and the various international issues of trade, protection and health.

Equity Subtitle 15.4 “Equitable Defences”

Updated by Professor Samantha J Hepburn, Associate Head of School (Research), School of Law, Deakin University and (for Ch 5) jointly with Gregory Keith Burton SC, Senior Counsel, Wentworth Chambers, Sydney

This Subtitle deals with that class of equitable defences in which a defendant admits a particular claim is valid on its face, but argues that circumstances exist to qualify or prevent success of the claim. The defences examined are: waiver; delay; illegality and “unclean hands”; and set-off. There is considerable discussion of important recent case law, including: Re Auzhair Supplies Pty Ltd (in liq) (2013) 272 FLR 304; [2013] NSWSC 1 (delay); Kation Pty Ltd v Lamru Pty Ltd [2009] NSWCA 145 (unclean hands); and, Westpac Banking Corp v Bell Group (in liq) (No 3) (2012) 44 WAR 1; 270 FLR 1; [2012] WASCA 157 and Clambake Pty Ltd v Tipperary Projects Pty Ltd [No 3] (2009) 77 ATR 242; [2009] WASC 52 (both set-off).

Government Subtitle 19.6 “Constitutional Guarantees of Rights”

Updated by Jane Menzies, Solicitor, King & Wood Mallesons

This Subtitle looks at the guarantees and freedoms protected by the Commonwealth Constitution, and the guarantees and freedoms under the various State Constitutions and Territory self-government Acts. This update has seen a significant rewrite of the entire Subtitle to expand each of the sections on the guarantees under the Commonwealth Constitution – namely, the implied freedom of political communication, freedom from civil conscription, the acquisition of property on just terms, the right to trial by jury, freedom of religion, and freedom from discrimination – drawing heavily on all of the major constitutional decisions of the High Court. An important addition has also been made to the Subtitle discussing the effectiveness of the attempts that have been made by various State and Territory jurisdictions to entrench certain rights and immunities.

Insurance and Income Security Subtitle 22.1 “Insurance”

Updated by Joseph Claude Veneziano, Solicitor, Supreme Court of New South Wales and High Court of Australia

This Subtitle, which focuses on the common law and statutory regulation of insurance contracts and the operation of insurance business has been updated to include the major reform to the Insurance Contracts Act 1984 (Cth) through the Insurance Contracts Amendment Act 2013 (Cth). This amendment introduces a raft of reforms, including a duty of utmost good faith, powers of ASIC, duties of disclosure, new rights for insurers and insureds as well as third party beneficiaries, and methods of subrogation. The most recent of these changes came into force on 28 June 2014, with the final tranche to be implemented from 28 December 2015. The changes present in this final tranche are detailed within this Subtitle.

Torts Subtitle 33.6 “Strict Liability”

Updated by Clare McKay, Solicitor, Supreme Court of Victoria

This Subtitle covers the torts available under a strict liability system, mostly those involving animals or vicarious liability. Its most recent update takes into consideration new case law such as the different definitions of “wounding” when it comes to strict liability for dogs in the cases of Wilding v Burgemeister [2012] SADC 152 and Sarkis v Morrison (2013) 64 MVR 433; and the High Court’s statement in Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161 that no clear or stable principle has emerged to underpin the doctrine of vicarious liability.

Unfair Dealing Subtitle 35.6 “Estoppel”

Updated by Dr Paul Vout, Member of the Victorian Bar

This Subtitle is concerned with the principles of estoppel at common law and in equity. This update discusses the recent application of the significant case of Commonwealth v Verwayen (1990) 170 CLR 394; 64 ALJR 540 in such cases as Delaforce v Simpson-Cook (2010) 78 NSWLR 483 and Harrison v Harrison [2013] VSCA 170 in relation to the unification of the common law and estoppel. Also featured is commentary on Van Dyke v Sidhu (2013) 301 ALR 769; [2013] NSWCA 198, which discusses what a claimant must show in order to prove detriment has been suffered.

September 2014 currently scheduled updates (subject to change):

• Administrative Law 2.7 “Other Forms of Review and Appeal”
• Health and Guardianship 20.4 “Health Care Authorities and Administration”
• Professional Liability 27.2 “Medical Practitioners”
• Revenue Law 31.15 “Stamp Duties”
• Transport 34.2 “Aviation” Chs 1–3
• Wills and Estate Administration 36.3 “Administration of Assets”