Aboriginal and Torres Strait Islander Peoples 1.5 “Criminal Justice Issues”
Updated by Dr Thalia Anthony, Professor, University of Technology, Sydney

This Subtitle deals with aspects of the criminal law that have particular relevance to First Nations Australians. This update addresses the biases in the penal system resulting in Indigenous deaths in custody, as well as initiatives to enhance procedural fairness and cultural safety in courts, such as the Northern Territory Aboriginal Justice Agreement 2021–2027. The findings of coronial inquests into the application of bail laws are also discussed.

Key Cases: Hoskins v The Queen [2021] NSWCCA 169.
Key Legislation: Youth Justice Act 2005 (NT).

Administrative Law 2.2 “Delegated Legislation”
Updated by Mark A Robinson SC, Barrister, Maurice Byers Chambers

The focus of this Subtitle is on legislation made not by Parliament, but by bodies expressly authorised to do so by Parliament. This Subtitle explores the ground of legal unreasonableness, as identified in Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; 87 ALJR 618; [2013] HCA 18.

Key Cases: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; 87 ALJR 618; [2013] HCA 18.

Criminal Offences 10.5 “Interference with Property”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle examines interferences with property rights that fall outside the physical dealings with another’s property which constitute stealing and other related offences. This update discusses Grajewski v Director of Public Prosecutions (NSW) (2019) 264 CLR 470; 93 ALJR 405; [2019] HCA 8, which addressed what constitutes damage to property. Also addressed is the authority of a person to access a relevant computer system, as well as progression towards autonomous vehicles and the dangers of hacking.

Key Cases: MJ v Sanders [2020] WASC 150; Grajewski v Director of Public Prosecutions (NSW) (2019) 264 CLR 470; 93 ALJR 405; [2019] HCA 8.

Criminal Offences 10.12 “Terrorism Offences”
Updated by Dr Theo Alexander, Associate Professor of Law, Deakin University

This Subtitle considers a range of terrorism offences including terrorist act offences, terrorism organisation offences and financing terrorism offences. This update features a summary of key cases concerning the prosecution of actual terrorist acts, as well as a current list of specified terrorist organisations.

Key Cases: R v Shoma (No 2) [2021] VSC 797; Azari v The Queen [2021] NSWCCA 199.

Government 19.4 “Judiciary”
Updated by Paul Theodore Babie, Professor of the Theory and Law of Property, Adelaide Law School, The University of Adelaide

This Subtitle focuses on the nature of the judiciary in Australia. This update discusses what constitutes a violation of judicial review jurisdiction under s 75(v) of the Constitution and ethical issues arising for judges following retirement.

Key Cases: Burns v Corbett (2018) 265 CLR 304; 92 ALJR 423; [2018] HCA 15; Re Canavan (2017) 263 CLR 284; 91 ALJR 1209; [2017] HCA 45; Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1; 91 ALJR 890; [2017] HCA 33.

Government 19.6 “Constitutional Guarantees of Rights”
Updated by Damien J Cremean, Adjunct Professor, University of Queensland

This Subtitle provides a discussion of the guarantees and freedoms protected by the Constitution and under the various State constitutions and Territory self-government Acts. This update features commentary on Gerner v Victoria (2020) 95 ALJR 107; 385 ALR 394; [2020] HCA 48, which discussed whether freedom of movement is implicit in the federal structure of the Constitution.

Key Cases: Gerner v Victoria (2020) 95 ALJR 107; 385 ALR 394; [2020] HCA 48; Hocking v Director-General of the National Archives of Australia (2020) 94 ALJR 569; 379 ALR 395; [2020] HCA 19.

Labour Law 26.8 “Occupational and Work Health and Safety”
Updated by Dr Victoria Lambropoulos, Senior Lecturer, College of Law, Criminology & Justice, CQ University (Melbourne Campus)

This Subtitle examines in detail employee actions for damages against employers for personal injury or disease caused by or contracted at work. This update discusses Victorian legislation which has been introduced to protect labour hire workers, such as the Occupational Health and Safety and Other Legislation Amendment Act 2021 (Vic), as well as the test regarding the identification of an independent contractor versus employee.

Key Cases: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 96 ALJR 89; [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek (2022) 96 ALJR 144; [2022] HCA 2.
Key Legislation: Occupational Health and Safety and Other Legislation Amendment Act 2021 (Vic); Work Health and Safety Act 2020 (WA).

Unfair Dealing 35.4 “Remedies”
Updated by Emeritus Professor Philip H Clarke, Emeritus Professor of Law, Australian Catholic University

This Subtitle deals with the various remedies that are available for misleading or deceptive conduct, unfair practices and innocent and fraudulent misrepresentations. This update extensively discusses Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49, which dealt with determining what is an appropriate penalty.

Key Cases: Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49; Johnson v Mackinnon [2021] NSWCA 152.
Key Legislation: Competition and Consumer Act 2010 (Cth).

Update 373 currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.2 “Aboriginal Customary Law”
• Bankruptcy 3.4 “Compulsory Bankruptcy”
• Business Organisations 4.5 “Company Reorganisation”
• Civil Procedure 5.6 “Interlocutory Proceedings and Preservation of Property”