Contract: General Principles 7.5 “Performance”
Updated by Dr Nicholas A Tiverios, Senior Lecturer, Faculty of Law, University of Western Australia

This Subtitle discusses the question of whether or not one party has performed his or her contractual obligations. This update discusses the principles for distinguishing between independent and dependent obligations, as addressed in Kay v Playup Australia Pty Ltd [2020] NSWCA 33.

Key Cases: Saafin Constructions Pty Ltd (in liq) v MAG Financial and Investment Ventures Pty Ltd [2021] VSC 489; Kay v Playup Australia Pty Ltd [2020] NSWCA 33; Re Kornucopia Pty Ltd (No 4) [2020] VSC 7.

Criminal Sentencing 12.3 “Interpretation of Penalty Provisions”
Updated by Professor Mirko Bagaric, Professor of Law, School of Law, Swinburne University of Technology

The focus of this Subtitle is the principles of statutory interpretation of penalty provisions and their application. The general principle of interpretation of penalty provisions is discussed, as well as the problems of interpretation posed by repeal or amendment of a penalty provision and by judicial decisions exposing the invalidity of a penalty provision.

Key Legislation: Sentencing Act 2017 (SA).

Criminal Sentencing 12.6 “Financial Orders: Fines”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle deals with the use of fines as a sentencing option for adult offenders in all Australian jurisdictions. This update discusses granting parties extensions to pay fines in South Australia, and the reforms in Western Australia in relation to the way in which fines are enforced and recovered. The new laws also address the disadvantage experienced by Aboriginal and Torres Strait Islander people within the fines and enforcement system.

Key Cases: Rigby v Fuller (2021) 358 FLR 136; [2021] NTSC 38.
Key Jurisdiction: Sentencing Act 2017 (SA); Fines Enforcement and Debt Recovery Act 2017 (SA).

Environment and Natural Resources 14.5 “Environmental Impact Assessment”
Updated by Dr Gerry Bates, Specialist in Environmental Law and Policy

This Subtitle discusses the circumstances in which it is necessary to consider whether a formal environmental impact assessment is required. This update outlines the environmental impact assessment of activities that are likely to significantly affect the environment, as addressed in Palm Beach Protection Group Inc v Northern Beaches Council [2020] NSWLEC 156. The Northern Territory Environment Protection Authority and the reviewing of environmental aspects of proposals are also discussed.

Key Cases: Palm Beach Protection Group Inc v Northern Beaches Council [2020] NSWLEC 156.
Key Jurisdiction: Environment Protection Act 2019 (NT).

Evidence 16.6 “Computer-produced Evidence”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle deals with “computer-produced evidence”, which refers to any computer-produced material that has the potential to be introduced into evidence in court proceedings. This update extensively focuses on Stevenson v The Queen (2020) 61 VR 624; [2020] VSCA 27, which involved the submission of posts as evidence obtained via Facebook.

Key Cases: Stevenson v The Queen (2020) 61 VR 624; [2020] VSCA 27.

Health and Guardianship 20.2 “Regulation of Health Care Professionals”
Updated by Dr Annegret Kämpf, Teaching Associate, Faculty of Law, Monash University

This Subtitle examines the registration and regulation of health practitioners and students of health professions in Australia. This update discusses the obligation to make a mandatory notification about a registered health practitioner when he or she has engaged in “notifiable conduct”. Also discussed is the role and responsibilities of the Nursing and Midwifery Council, Psychology Council and the Health Professional Councils Authority.  

Key Jurisdiction: Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 (Qld).

Health and Guardianship 20.8 “Mental Health and the Intellectually Disabled”
Updated by Dr Annegret Kämpf, Teaching Associate, Faculty of Law, Monash University

This Subtitle is primarily concerned with the legislation in each State and Territory governing the care and treatment of people with mental illness and intellectual disability. This update discusses the 2021 findings of the Royal Commission into Victoria’s mental health system.

Key Legislation: Mental Health Act 2007 (NSW).

Real Property 28.8 “Retail Tenancies”
Updated by Paul Theodore Babie, Professor, Theory and Law of Property, Adelaide Law School, University of Adelaide

This Subtitle provides an overview of the application and scope of the retail tenancy legislation which has been enacted in all Australian jurisdictions. This update discusses the responsibility of landlords in relation to disclosure statements.

Wills and Estate Administration 36.3 “Administration of Assets”
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle covers the law of deceased estates, including grants to personal representatives, distribution of assets and administration of estates. This update discusses the position of parties who pay or transfer estate assets without a grant.

Key Legislation: Cemeteries and Crematoria Act 2020 (ACT); Supreme Court of South Australia Probate Rules 2015 (SA); Probate Rules 2017 (Tas).

Update 372 currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.5 “Criminal Justice Issues”
• Administrative Law 2.2 “Delegated Legislation”
• Criminal Offences 10.5 “Interference with Property”
• Government 19.4 “Judiciary”
• Government 19.6 “Constitutional Guarantee of Rights”
• Labour Law 26.8 “Occupational and Work Health and Safety”