Bankruptcy 5.5 “Summary Dismissal, Settlement and Discontinuance”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle expounds the provisions of the rules in each jurisdiction which regulate default judgment, dismissal, summary judgment and settlement. This update discusses the Uniform Civil Rules 2020 (SA).

Key Legislation: Uniform Civil Rules 2020 (SA).

Evidence 16.1 “General Principles of Evidence”
Updated by Stephen J Odgers SC, Adjunct Professor, Faculty of Law, University of Sydney  

This Subtitle explains the essential features and terminology of the procedural process within which facts are proved through the tender of evidence. This update discusses evidence obtained by means of unlawful or improper conduct which may be excluded by a court.

Key Cases: McNamara v The King (2023) 98 ALJR 1; [2023] HCA 36; Mehajer v The King [2022] NSWCCA 240.

Family Law 17.10 “Child Welfare”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle is concerned with intervention by a court or administrative agency under a child protection statute. This update discusses changes to the Australian family law system, including an enhanced framework for the sharing of information in relation to child abuse and neglect between the family law courts and agencies.

Key Legislation: Children and Young People (Safety) Act 2017 (SA).

Insurance and Income Security 22.2 “Superannuation”
Updated by Robert A Niemann, Barrister-at-Law

This Subtitle sets out the rules that apply to regulated and complying superannuation funds, approved deposit funds and pooled superannuation funds. This update discusses MySuper products and RSE licensees, as well as the Australian Financial Complaints Authority and a member’s benefits in a regulated superannuation fund.

Key Legislation: Superannuation Industry (Supervision) Act 1993 (Cth).

Interpretation and Use of Legal Sources 25.4 “Case Law”
Updated by Harry Rogers, Barrister, New South Wales Bar

This Subtitle collects principles applicable to the interpretation of reasons for judgment, orders and practice directions of Australian courts. This update considers the position of various cases, such as Hill v Zuda Pty Ltd (2022) 275 CLR 24; 96 ALJR 540; [2022] HCA 21 and Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; 81 ALJR 1107; [2007] HCA 22, in terms of departing from seriously considered dicta of a majority of the High Court.

Key Cases: AC v The King (2023) 111 NSWLR 514; [2023] NSWCCA 133; Yunupingu (obo Gumatj Clan or Estate Group) v Commonwealth (2023) 298 FCR 160; [2023] FCAFC 75; Hill v Zuda Pty Ltd (2022) 275 CLR 24; 96 ALJR 540; [2022] HCA 21.

Torts 33.5 “Breach of Statutory Duty”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle deals with the identification and scope of situations in which a breach of a statutory duty confers or gives rise to a private right of action enforceable by individuals. This update explores the elements required for a breach of statutory duty.

Key Cases: Roo Roofing Pty Ltd v Commonwealth [2019] VSC 331.
Key Legislation: Work Health and Safety Act 2020 (WA).

Currently scheduled updates (subject to change):

• Family Law 17.3 “Marriage and Nullity”
• Torts 33.9 “Defences”
• Unfair Dealing 35.2 “Misrepresentation”