Update 340:

Human Rights 21.10 “Equality and the Rule of Law”
Updated by Dr Steven Churches, Barrister, Elliott Johnston Chambers

This Subtitle examines equality as a fundamental principle of human rights law and its application to Australia’s equal opportunity and anti-discrimination legislation. This update includes commentary on the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), allowing same-sex couples to legally marry. Also discussed is the establishment of a Human Rights Committee in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), which examines all Bills and legislative instruments related to human rights.

Key Cases: Wotton v Queensland (No 5) [2016] FCA 1457; Green v The Queen (2011) 244 CLR 462; 86 ALJR 36; [2011] HCA 49; Western Australia v Ward (2002) 213 CLR 1; 76 ALJR 1098; [2002] HCA 28; Mabo v Queensland (No 2) (1992) 175 CLR 1; 66 ALJR 408.
Key Legislation: Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth); Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

Intellectual Property 23.1 “Copyright” Ch 11
Updated by Peter Knight, Senior IP/IT/Commercial Counsel, Banki Haddock Fiora

This Chapter explores the role of collecting societies in the collective administration of the rights of copyright owners. This update accounts for amendments made by the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth), and the merger of Copyright Agency Limited with Viscopy Limited.

Key Cases: Re Phonographic Performance Co of Australia Ltd (2016) 125 IPR 1; [2016] ACopyT 3; Re Phonographic Performance Co of Australia Ltd (No 2) (2017) 125 IPR 420; [2017] ACopyT 1; Re Phonographic Performance Co of Australia Ltd (No 3) [2017] ACopyT 2.
Key Legislation: Copyright Act 1968 (Cth); Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth).

Real Property 28.9 “Residential Tenancies”
Updated by Adjunct Associate Professor Anthony P Moore, School of Law, University of Adelaide

This Subtitle analyses the legislation governing residential tenancy, public housing and rooming or boarding house agreements in each of the Australian jurisdictions. This update provides in-depth commentary about public housing, including its history, and the rights and responsibilities of tenants and landlords. Termination of leases and dispute resolution are also major discussion points in this update.

Key Cases: Davis v Land and Housing Corp (NSW) [2016] NSWCA 325; Varricchio v Wentzel (2016) 125 SASR 191; [2016] SASC 86; Blanket v Housing Authority [2014] WASC 409.
Key Legislation: Boarding Houses Act 2012 (NSW); Residential Tenancies Act 2010 (NSW).

Update 341:

Equity 15.10 “Tracing”
Updated by David Wright, Senior Lecturer, School of Law, University of Adelaide

“Tracing” is the process by which the plaintiff is able to identify and recover property held by the defendant. This update discusses the role of common law tracing in Australia as well as the problematic relationship between tracing and fiduciary duties, as demonstrated in such cases as Menzies v Perkins [2000] NSWSC 40 and Commonwealth Bank of Australia v Saleh [2007] NSWSC 903.

This Subtitle will also be published as part of the Second Edition of Remedies in Equity – The Laws of Australia (forthcoming release in early 2019).

Key Cases: Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560; 88 ALJR 552; [2014] HCA 14; Break Fast Investments Pty Ltd v Giannopoulos (No 6) [2012] NSWSC 286; Menzies v Perkins [2000] NSWSC 40.
Key Legislation: Bankruptcy Act 1966 (Cth); Trusts Act 1973 (Qld).

Insurance and Income Security 22.2 “Superannuation”
Updated by Robert Niemann, Barrister-at-Law

This Subtitle examines the rules that apply to regulated and complying superannuation funds, approved deposit funds and pooled superannuation funds. This update includes commentary on the legislative framework pertaining to superannuation funds, the legislative requirements in relation to trustees, the operation of regulated superannuation funds, types of regulated superannuation funds, powers and responsibilities of trustees and regulatory oversight of funds. This Subtitle also provides an introduction to approved deposit funds and pooled superannuation trusts.

Key Cases: Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Beck (2016) 334 ALR 692; [2016] NSWCA 218; Retail Employees Superannuation Pty Ltd v Pain (2016) 115 ACSR 1; [2016] SASC 121.
Key Legislation: Superannuation Industry (Supervision) Act 1993 (Cth); Corporations Act 2001 (Cth).

Real Property 28.5 “Future Interests in Lands”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle provides an overview of the law relating to future interests in Australia. This update includes discussion of the Torrens System as well as an updated definition of “future interests”.

Key Cases: Barry v Heider (1914) 19 CLR 197; Shelley’s Case (1581) 1 Co Rep 93; 76 ER 206.
Key Legislation: Law of Property Act 2000 (NT).