Bankruptcy 3.17 “Offences”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle deals with offences under the Bankruptcy Act 1966 (Cth). This update discusses the range of actions which fall within the ambit of non-disclosure offences, such as obtaining credit without declaring bankruptcy, or carry on a business under an assumed name. Also featured is discussion of the results of non-compliance with a court order, as well as income, employment and financial matters.

Key Cases: Gomez v Carrafa [2023] FCA 719.
Key Legislation: Bankruptcy Act 1966 (Cth).

Criminal Procedure 11.11 “Confiscation of Proceeds of Crime”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle deals with various forms of confiscation orders, some ancillary orders and related legislation. This update discusses that the “relevant court” in the Australian Capital Territory has the power to make an unexplained wealth restraining order.

Key Cases: Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd (No 3) [2023] NSWSC 1576.
Key Legislation: Confiscation of Criminal Assets Act 2003 (ACT).

Equity 15.11 “Taking Accounts”
Updated by David Wright, Solicitor

This Subtitle covers the law relating to taking accounts. Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43, which concerned the remedy of an account of profits and an examination of foreseeability or remoteness, is discussed in detail. Causation, a complex aspect of equitable remedies, is also featured.

Key Cases: Xiao v BCEG International (Australia) Pty Ltd (2023) 111 NSWLR 132; [2023] NSWCA 48; Calidad Pty Ltd v Seiko Epson Corporation (2020) 272 CLR 351; 94 ALJR 1044; [2020] HCA 41; Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43.

Human Rights 21.5 “Work”
Updated by Joel Butler, Lecturer, Melbourne Law School, University of Melbourne and St Thomas More Law School, Australian Catholic University and Christopher Gardner, Legal Practitioner

The focus of this Subtitle is on the major enforceable rights available to employees in Australia under both national and international law. This update discusses the ability of the Fair Work Commission to amend the terms of an agreement without requiring employees to vote again on the proposed agreement if a term does not meet the better off overall test (“BOOT test”). Paid family and domestic violence leave is also referred to in this update, as well as the right to request flexible working arrangements.

Key Cases: Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201.
Key Legislation: Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth); Fair Work Act 2009 (Cth).

Intellectual Property 23.4 Chs 1–4, 6–8
Updated by Fiona Galbraith, Managing Associate and Lawyer, Melbourne (Chs 1, 2), Aaron Yates, Principal Lawyer, Davies Collison & Cave (Chs 1, 2), Timothy Creek, Principal Lawyer, Davies Collison & Cave (Chs 3, 7), Dr Samuel P Mickan, Patent Attorney, Davies Collison & Cave (Ch 4), Miriam Zanker, Principal Lawyer, Davies Collison & Cave (Ch 6) and Michael J Caine, Principal, Davies Collison & Cave (Ch 8)

This Subtitle deals with the requirements for obtaining and maintaining patent registration, the rights of the patentee and the way in which those rights may be exploited commercially, issues relating to the construction and interpretation of patent specifications, and patent infringement proceedings. This update discusses the assignment of an interest in a future patent, as well as reference to “experimental purposes” and Crown use of a patented invention and infringement.

Key Cases: Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178.
Key Legislation: Patents Act 1990 (Cth).

Torts 33.7 “Nuisance”
Updated by Jeremy Masters, Barrister, Victorian Bar

This Subtitle examines the torts of public and private nuisance. This update discusses interference with the use and enjoyment of property rights, specifically in detail, Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4; [2023] 2 WLR 339.

Key Cases: Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4; [2023] 2 WLR 339; Hunt Leather Pty Ltd v Transport for NSW (2023) 257 LGERA 1; [2023] NSWSC 840.

Currently scheduled updates (subject to change):

• Civil Procedure 5.5 “Summary Dismissal, Settlement and Discontinuance”
• Family Law 17.10 “Child Welfare”
• Insurance and Income Security 22.2  “Superannuation”