Business Organisations 4.1 “Company Formation”
Updated by Amanda Carruthers, Barrister, Victorian Bar

This Subtitle describes the nature of a registered company and is concerned with law relevant to its formation. The legal position of persons who promote a company and the mechanics of formation and registration are dealt with in this Subtitle.

Key Legislation: Corporations Act 2001 (Cth).

Intellectual Property 23.4 “Patents” Ch 5
Updated by Paul Dewar, Principal Lawyer, Davies Collison & Cave and Dr Claire Gregg, Principal, Davies Collison & Cave

This updated Chapter discusses certain types of medical use claims which represent an exception to the ordinary rules of claim construction in Australia. Also featured is the way a number of principles of construction of patent specifications have evolved over time in Australia and the United Kingdom.

Key Cases: SARB Management Group Pty Ltd (t/as Database Consultants Australia) v Vehicle Monitoring Systems Pty Ltd [2024] FCAFC 6; Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95.

Interpretation and Use of Legal Sources 25.2 “International Law”
Updated by Damien J Cremean, Barrister

This Subtitle considers the role of international law in the context of Australian law and legal interpretation. This update deals with treaty provisions in the legislation and human rights issues.

Key Cases: Tesseract International Pty Ltd v Pascale Construction Pty Ltd (2024) 98 ALJR 880; [2024] HCA 24; Tickle v Giggle for Girls Pty Ltd (No 2) (2024) 333 IR 296; [2024] FCA 960; NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005; [2023] HCA 37.

Labour Law 26.4 “Awards and Workplace Agreements”
Updated by Dr Victoria Lambropoulos, Senior Lecturer, Monash University, Faculty of Law

This Subtitle relates to awards and workplace agreements. This update discusses the two types of enterprise agreements that can be made under the Fair Work Act 2009 (Cth): a single enterprise agreement and a multi-enterprise agreement. Also featured is discussion of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), which significantly amended the enterprise bargaining framework set up in 2009. The area of “single interest employer authorization” is discussed at length, as well as the Majority Support Determination, and the pre-approval steps, which were significantly amended.

Key Legislation: Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 (Cth); Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth); Fair Work Act 2009 (Cth).

Real Property 28.18 “Sale of Land”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle discusses contracts for the sale of land, including its features. The Subtitle features an examination of the position of parties to an uncompleted contract and a discussion of the parties to a contract for the sale of land.

Currently scheduled updates (subject to change):

• Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 4
• Labour Law 26.1 “Individual Employment”
• Torts 33.6 “Strict Liability”