Bankruptcy 3.1 “Preliminaries”
Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle provides an overview of the development of Australian bankruptcy law, the substantive and procedural framework of the current law, policy issues and alternatives to bankruptcy. This update addresses the functions carried out by the Australian Financial Security Authority (AFSA), and the number of different pieces of legislation in the bankruptcy space, such as the Bankruptcy Regulations 2021 (Cth).

Key Legislation: Bankruptcy Regulations 2021 (Cth); Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth); Bankruptcy Act 1966 (Cth).

Contract: General Principles 7.9 “Remedies”
Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle covers the considerable variety of remedies for a breach of contract. This update discusses penalties and how an award of damages may itself be subject to income tax and the tax element is a factor of major significance in damages awards. Springboard injunctions are also addressed.

Key Cases: Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274; Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525; 90 ALJR 835; [2016] HCA 28; Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; 86 ALJR 1002; [2012] HCA 30.

Dispute Resolution 13.6 “Dispute Systems Design”
Updated by Louise Martin, Victorian Bar

This Subtitle examines the goals and theoretical framework of Dispute Systems Design (DSD), the stages and general principles involved in the design process, and provides examples of dispute resolution systems currently operating. This update extensively discusses the Australian Financial Complaints Authority (AFCA), which is the dispute resolution scheme for financial services.

Key Legislation: Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Act 2018 (Cth).

Environment and Natural Resources 14.7 “Biodiversity” Ch 4
Updated by Kirsten Miller, Legal Practitioner, Australian Capital Territory and Katrina Moore, Legal Practitioner, Australian Capital Territory

This Subtitle deals with legal concepts and regulatory regimes that attempt to protect Australia's biodiversity across all environments through the creation of protected areas and threatened species legislation. The main focus of this Ch 4 update is the Biodiversity Conservation Trust, which delivers private land conservation programs.

Key Legislation: Biodiversity Conservation Act 2016 (NSW); Landscape South Australia Act 2019 (SA).

Evidence 16.5 “Documentary Evidence”
Updated by Kate M Boileau, Barrister

This Subtitle deals with the broad range of special rules governing the admissibility of documents in legal proceedings. This update discusses the normalisation of electronic signatures and a paperless culture, as well as the production of records kept electronically.

Key Cases: Lang v Davey [2020] SASC 160; Harker-Mortlock v Iinvest (in liq) (No 2) [2017] NSWSC 431; Fair Work Ombudsman v Ballina Island Resort Pty Ltd (2011) 207 IR 312; [2011] FMCA 500.

Real Property 28.14 “Restrictive Covenants”
Updated by Paul Theodore Babie, Professor, Theory and Law of Property, Adelaide Law School, University of Adelaide

This Subtitle examines the equitable rules pertaining to the enforcement of restrictive covenants between the successors in title to both the original covenantee and the original covenantor. This update discusses Deguisa v Lynn (2020) 94 ALJR 102; [2020] HCA 39, where the High Court addressed restrictive covenants in relation to prospective purchasers.

Key Cases: Deguisa v Lynn (2020) 94 ALJR 102; [2020] HCA 39.

Update 370 currently scheduled updates (subject to change):

• Criminal Offences 10.4 “Offences of Dishonesty”
• Environment and Natural Resources 14.4 “Development Control”
• Equity 15.1 “History and Nature of Equity”
• Health and Guardianship 20.4 “Health Care Authorities and Administration”
• Unfair Dealing 35.3 “Unfair Practices”