The following Subtitles were updated in November 2015 and are now available on Westlaw AU:

Evidence 16.2 “Proof in Civil Cases”

Updated by Professor Mirko Bagaric, Deakin University

This Subtitle examines the rules of evidence in relation to civil proceedings, specifically, the relevant burdens and standard of proof, presumptions, inferences of fact, and the concepts of no case to answer and directed verdict. This update reflects the enactment, since the date of last review, of evidence legislation in the Australian Capital Territory and the Northern Territory consistent with the Evidence Act 1995 (Cth), and incorporates the recent cases of Chong & Neale v CC Containers Pty Ltd [2015] VSCA 137; Prodduturi v Minister for Immigration and Border Protection (2015) 144 ALD 243; [2015] FCAFC 5; and Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151.

Human Rights 21.6 “Justice”

Updated by Craig Ryan, Legal Editor, The Laws of Australia

This Subtitle deals with Australian criminal law processes for protecting individuals from State power. The focus in updated Ch 5 is on prisoners, and the extent of removal of their ordinary civil and political rights (eg to bring private law suits and vote). Prison authorities have wide powers to determine the conditions for, and treatment of, prisoners, including on clothing, diet, education, religious observance, and outside communication. Courts traditionally interpreted these powers favourably for the authorities, but there has been increasing recognition of the reviewability of decisions consistent with developments in procedural fairness law.

Professional Liability 27.1 “General Principles”

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland, Roma Mitchell Chambers, Senior Lecturer, Queensland University of Technology

This Subtitle examines the liability principles governing professionals. A professional is obliged to meet certain standards of competence and training, and has ethical responsibilities. Liability may arise for professionals in: tort; for breach of the Australian Consumer Law; by reason of the fiduciary duty to always act in the best interests of clients; and through criminal activity. A professional must exercise a fair, reasonable, and competent degree of care and skill, but may have a defence in contract or tort if she or he provides a clear and unambiguous disclaimer of responsibility. Questions of causation and proof of value lost are common issues that arise in the assessment of damages in professional negligence cases.

December 2015 currently scheduled updates (subject to change):

1 Aborigines and Torres Strait Islanders 1.3 "Land Law"

11 Criminal Procedure 11.12 "Criminal Injuries Compensation"

27 Professional Liability 27.3 "Legal Practitioners"