Civil Procedure 5.3 “Discovery and Interrogatories”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle principally deals with the rules governing the process of discovery, inspection of documents and interrogatories. This update discusses the Uniform Civil Rules 2020 (SA) and preliminary discovery in South Australia.

Key Legislation: Uniform Civil Rules 2020 (SA).

Civil Procedure 5.8 “Equity Proceedings”
Updated by Daniel P Farinha, Barrister, Eleven Wentworth Chambers

This Subtitle sets out aspects of the procedure for common equity proceedings. This update describes the jurisdiction of superior courts and originating process for commencing equity proceedings, as well as considering the procedural rules governing applications for injunctions, declarations and orders as to administration, including accounts and inquiries. 

Key Legislation: Uniform Civil Rules 2020 (SA).

Criminal Law Principles 9.4 “Extradition and Mutual Assistance in Criminal Matters”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle considers international extradition and mutual assistance in criminal matters under Commonwealth legislation. The focus of this update is an overview of the key definitions and concepts, interpretation provisions and statutory forms to be used for specified documents in the extradition process.

Criminal Procedure 11.3 “Bail”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

The principles, practice and statutory provisions regarding bail are the main focus of this Subtitle. This update discusses when bail can be granted when a serious offence has been committed. The provisions in the Northern Territory and Queensland in relation to bail regarding youth offenders are also considered.

Key Cases: R v Al-Harazi (No 4) [2016] ACTSC 298. [2016] ACTSC 298
Key Legislation: Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth).

Criminal Procedure 11.4 “Summary Proceedings”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

The general principles and rules governing summary criminal proceedings are the focus of this Subtitle. This update discusses the Queensland Moynihan Report, which resulted in significant amendments to the Justices Act 1886 (Qld) and the Criminal Code 1899 (Qld).

Criminal Procedure 11.6 “Pre-trial Procedure”
Updated by Professor Mirko Bagaric, Professor and Dean of Law, Swinburne University of Technology

This Subtitle deals with pre-trial aspects of procedure, anterior to the empanelment of juries in criminal trials. This update features discussion on prosecutorial discretion, including prosecution policies of each State and Territory, such as the Prosecution Guidelines of New South Wales (2021) and Policy of the Director of Public Prosecutions for Victoria (2022).

Finance, Banking and Securities 18.4 “Bank–Customer Relationship”
Updated by Damien J Cremean, Adjunct Professor, Australian Catholic University

This Subtitle discusses the subject of the bank–customer relationship. This update discusses the Australian Financial Complaints Authority, which functions as an external dispute resolution scheme for consumers who are unable to resolve complaints with financial services organisations.

Key Cases: El-Saafin v Franek [2021] VSC 489; Twigg v Twigg [2022] NSWCA 68.
Key Legislation: Corporations Act 2001 (Cth).

Government 19.3 “Executive”
Updated by Paul Theodore Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle describes the structure of the executive within the Australian Commonwealth and the States and Territories, and some of the powers and immunities of the executive. This update discusses the differences between States during the COVID-19 pandemic of 2020.

Key Cases: Chetcuti v Commonwealth (2021) 95 ALJR 704; [2021] HCA 25; Palmer v Western Australia (2021) 95 ALJR 229; [2021] HCA 5.
Key Legislation: National Emergency Declaration Act 2020 (Cth).

Intellectual Property 23.1 “Copyright” Chs 7 and 14
Updated by Peter Knight, Sole Practitioner

This Subtitle describes the law of copyright derived from the Copyright Act 1968 (Cth). This update deals with fair dealing for the purpose of parody and satire.

Key Cases: Universal Music Publishing Pty Ltd v Palmer (No 2) (2021) 158 IPR 421; [2021] FCA 434; AGL Energy Ltd v Greenpeace Australia Pacific Ltd (2021) 395 ALR 275; 159 IPR 336; [2021] FCA 625.
Key Legislation: Copyright Act 1968 (Cth).

International Trade 24.3 “International Business Transactions” Ch 10
Updated by Patrick Lin, Barrister, University Chambers

This Subtitle deals with the legal principles relating to international trade law. This update focuses on the World Trade Organization and the impact of the COVID-19 pandemic in relation to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) 1869 UNTS 299; 33 ILM 1197; [1995] ATS 38.

Revenue Law 31.14 “Calculation of Tax Payable”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle deals with rates of tax, the imposition of the Medicare levy and the repayment of Higher Education Loan Programme (HELP) debts through the tax system. This update discusses the formula for determining a taxpayer’s income tax liability for the financial year, as well as low and middle income tax offsets. The update also addresses the rules and requirements with relation to the Family Tax Benefit and child care subsidy.

Key Legislation: Income Tax Assessment Act 1997 (Cth); Treasury Laws Amendment (More Flexible Superannuation) Act 2021 (Cth).

Currently scheduled upcoming updates (subject to change):

• Business Organisations 4.6 “Company Takeovers”
• Criminal Procedure 11.7 “Trial Procedure”
• Criminal Procedure 11.8 “Appeals”
• Restrictive Trade Practices 30.2 “Competition Law”