Criminal Law Principles 9.3 “Defences and Responsibility”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle concentrates on the major defences and principles of responsibility which apply under Australian criminal laws. This update discusses the defence of duress, particularly in circumstances of family violence in South Australia. Also featured is discussion on the mental impairment of a defendant in Queensland on a murder change.

Key Cases: R v Smith (2021) 8 QR 338; [2021] QCA 139.

Criminal Offences 10.2 “Assault and Related Offences”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle deals with assault and related offences. This update discusses offences such as choking and suffocation, as well as stalking.

Criminal Procedure 11.9 “Legal Representation and Legal Aid”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle discusses whether persons have a right to legal representation and access to justice via legal aid. This update features discussion on Aboriginal and Torres Strait Islander Legal Services, Community Legal Centres, Specialist Domestic Violence Legal Services and Domestic Violence Prevention Legal Services, as well as Legal Aid NSW, the Disbursement Support Scheme and Special Circumstances Scheme.

Key Legislation: Human Rights Act 2019 (Qld).

Dispute Resolution 13.7 “Arbitration”
Updated by Professor Doug Jones AO, RFD and Professor Janet Walker CM, CD, Independent Arbitrators, Sydney Arbitration Chambers

This Subtitle examines the process and procedures for international and domestic commercial arbitration in Australia. This extensive update discusses the general principles of arbitration, as well as the recognition and enforcement of the arbitral award, arbitration agreements and interim measures.

Key Cases: Hancock v Hancock Prospecting Pty Ltd (2022) 402 ALR 328; [2022] NSWSC 724; Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514; 93 ALJR 582; [2019] HCA 13.

Environment and Natural Resources 14.13 “Petroleum”
Updated by Dr Andrew Cannon AM FAAL, Adjunct Professor, Adelaide and Flinders University

This Subtitle examines the legislation governing onshore and offshore petroleum exploration and extraction. This update features discussion of the types of onshore licences, such as exploration licences and pipeline licences, as well as the criteria for compensation awards.

Key Cases: Yarabala Pty Ltd v Sweetpea Petroleum Pty Ltd [2023] NTSC 50.
Key Legislation: Competition and Consumer (Gas Market Code) Regulations 2023 (Cth); Competition and Consumer Act 2010 (Cth).

Evidence 16.7 “Privilege and Public Interest Immunity”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University of Technology

This Subtitle discusses the difference between privilege and public interest immunity. This update features discussion of GR Capital Group Pty Ltd v Xinfeng Australia International Investment Pty Ltd [2020] NSWCA 266, where the question of waiver is raised.

Key Cases: GR Capital Group Pty Ltd v Xinfeng Australia International Investment Pty Ltd [2020] NSWCA 266.

Government 19.2 “Legislature”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia  

This Subtitle examines the composition, structure and role of the Federal and State Parliaments. The components of the Parliaments, namely the various Houses and the Crown, are examined, with consideration given to their individual roles and their interrelationship with each other.

Key Legislation: Electoral Act 2017 (NSW).

Human Rights 21.7 “Life, Health and Welfare”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University of Technology

This Subtitle identifies, defines and analyses those provisions in Australian law that seek to recognise and implement, into Australian domestic law, the international law concepts of the right to life, the right to health and the right to welfare. This update discusses euthanasia in various States.

Key Legislation: Restoring Territory Rights Act 2022 (Cth); Voluntary Assisted Dying Act 2022 (NSW); Voluntary Assisted Dying Act 2019 (WA).

Human Rights 21.10 “Equality and the Rule of Law”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

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 discusses the Voice referendum in detail.

Labour Law 26.3 “Australian Industrial Relations System”
Updated by David Burnton, Special Counsel, Whitehall Workplace Law and Jeremy Cousins, Principal, Whitehall Workplace Law

This Subtitle examines how the legal system in Australia regulates the collective relationships between employers and employees. This update features discussion of various International Labour Organization bodies which made adverse reports on Australia’s industrial relations laws.

Key Cases: Unions NSW v New South Wales (2023) 97 ALJR 150; [2023] HCA 4; Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 97 ALJR 214; [2023] HCA 10.
Key Legislation: Federal Safety Commissioner Act 2022 (Cth); Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023 (Cth); Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 (Cth); Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth).

Real Property 28.17 “Land Acquisition”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle sets out the manner in which land can be acquired by the government, either with the landowner’s consent or compulsorily. This update discusses the various purposes for which an interest in land may be compulsorily acquired and also the subject of compensation.

Key Cases: Yunupingu v Commonwealth (2023) 298 FCR 160; [2023] FCAFC 75.

Currently scheduled updates (subject to change):

• Equity 15.6 “Specific Performance”
• Family Law 17.16 “Financial Agreements and Consent Arrangements”
• Interpretation and Use of Legal Sources 25.4 “Case Law”