The following Subtitles were updated in March 2016 and are now available on Westlaw AU:

Criminal Procedure 11.12 Chs 7-13 “Criminal Injuries Compensation”

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

This Subtitle examines the general principles and scope of compensation orders made by assessors, magistrates, judges and tribunals. The update features commentary on the Victims Rights and Support Act 2013 (NSW), particularly its objectives and the definitions of terms such as primary victim, secondary victim and family victim, as well as the different types of financial assistance for victims.

Key Legislation: Victims Rights and Support Act 2013 (NSW).
Key Case: Hill v Clarke [2015] WADC 93

Evidence 16.4 “Testimony”

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

This Subtitle includes new updates in regulations and cases relating to testimony. In Honeysett v The Queen (2014) 253 CLR 122; A Crim R 589; 88 ALJR; [2014] HCA 29, the High Court discussed what constituted “specialised knowledge” for an expert witness. In Clay v The Queen [2014] VSCA 269 the Court discussed what evidence could be considered “fresh in the memory”. References to the Evidence Regulation 2015 (NSW) and Supreme Court (General Civil Procedure) Rules 2015 (Vic) are also included.

Key Cases: Honeysett v The Queen (2014) 253 CLR 122; A Crim R 589; 88 ALJR; [2014] HCA 29; Clay v The Queen [2014] VSCA 269.
Key Legislation: Evidence Regulation 2015 (NSW); Supreme Court (General Civil Procedure) Rules 2015 (Vic).

Finance, Banking and Securities 18.6 "Documentary Credits and Demand Guarantees"

Updated by Alan L Tyree, Consultant; formerly Landerer Professor of Information Technology and Law, University of Sydney

Included in this update is a test for the fraud exception on credit or demand guarantees, as established by the Privy Council in Alternative Power Solution Ltd v Central Electricity Board [2014] UKPC 31. Also included is the rule in Standard Chartered Bank v Dorchester LNG (2) Ltd (The Erin Schulte) [2014] EWCA Civ 1382 that, in suing in debt to recover the value of any credit, the beneficiary must be willing and able to transfer the documents to the bank against payment.

Key Cases: Alternative Power Solution Ltd v Central Electricity Board [2014] UKPC 31; Standard Chartered Bank v Dorchester LNG (2) Ltd (The Erin Schulte) [2014] EWCA Civ 1382.

Labour Law 26.1 Chs 1-5 “Individual Employment”

Updated by Dr Victoria Lambropoulos, Senior Lecturer, Deakin University Law School.

Identifying the existence of an individual contract of employment is a critical first step to considering the rights and obligations arising under it. Updated Chs 1–5 of this Subtitle explore the common law and statutory rules governing the formation of contracts of employment. The impact of modern developments, including flexi-time arrangements and payment of GST, on determining whether an employment relationship exists are paid attention, as is the prohibition on sham independent contractor arrangements that mask employment relationships.

Key Legislation: Fair Work Act 2009 (Cth).
Key Cases: Commonwealth Bank of Australia v Barker (2014) 253 CLR 169; 88 ALJR 814; 244 IR 425; [2014] HCA 32; Tattsbet Ltd v Morrow (2015) 233 FCR 46; 249 IR 440; [2015] FCAFC 62.

April 2016 currently scheduled updates (subject to change):

2 Administrative Law 2.7 "Other Forms of Review and Appeal"

21 Human Rights 21.1 "Development and Definition of Human Rights" (Ch 4)

26 Labour Law 26.1 "Individual Employment" (Chs 6-10)