Business Organisations 4.6 “Company Takeovers”
Updated by Rodd A Levy, Partner, Herbert Smith Freehills and Simon Walker, Senior Associate, Herbert Smith Freehills

This Subtitle expounds the provisions of Ch 6 of the Corporations Act 2001 (Cth) which regulate the acquisition of shares that may have an effect on the control of a company. The focus of this Subtitle is on the discretions available to the Australian Securities and Investments Commission (ASIC) in administering Ch 6.

Key Cases: Virtus Health Ltd 01 [2022] ATP 5. 
Key Legislation: Corporations Act 2001 (Cth).

Contracts: Specific 8.2 “Real Estate Agents”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle examines the obligations imposed on licensees in each jurisdiction, with an emphasis on the contractual rights and duties imposed on agents in the course of real estate transactions. This update discusses licensing regimes, an agent’s obligation to avoid or disclose conflicts of interest, as well as the appointment of an agent.

Key Legislation: Property Agents and Land Transactions Act 2016 (Tas).

Environment and Natural Resources 14.8 “Cultural Heritage”
Updated by Edmund Lee, Barrister and Vanessa Field, Principal in sole practice

This Subtitle provides a detailed discussion of the significance of cultural heritage and covers the legislative framework of law enacted in each Australian jurisdiction. This update discusses a “repair damage direction”, which is a written direction of the Australian Capital Territory Heritage Council to an owner of or an occupier of a place or object that has heritage significance or is an Aboriginal place or object. The Heritage Council of New South Wales and the Museums of History NSW Act 2022 (NSW) are also discussed.

Key Cases: IOF Custodian Pty Ltd v Special Minister of State [2022] NSWLEC 86.
Key Legislation: Museums of History NSW Act 2022 (NSW); Local Government (General) Regulation 2021 (NSW); Heritage Places Regulations 2020 (SA).

Equity 15.5 “Declarations”
Updated by David Wright, Barrister and Solicitor

This Subtitle describes the history of the remedy of declaration and the jurisdiction to grant the remedy.

Professional Liability 27.6 “Brokers”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle considers the professional obligations of insurance brokers, sharebrokers and mortgage brokers. This update features discussion on the National Consumer Credit Protection Act 2009 (Cth) and the statutory duties of mortgage brokers as contained in the National Consumer Credit Protection Act 2009 (Cth).

Key Legislation: Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures)) Act 2020 (Cth); National Consumer Credit Protection Act 2009 (Cth); Corporations Act 2001 (Cth).

Currently scheduled upcoming updates (subject to change):

• Criminal Offences 10.3 “Sexual Offences”
• Environment and Natural Resources 14.9 “Water”
• Health and Guardianship 20.6 “Consent”