Aboriginal and Torres Strait Islander Peoples 1.2 “Aboriginal Customary Law”
Updated by Paul Theodore Babie, Professor of the Theory and Law of Property, Adelaide Law School, The University of Adelaide

The major focus of this Subtitle is on the existing recognition of Aboriginal customary law within the Australian legal system. This update discusses the establishment of First Nations specialist sentencing courts in Queensland, South Australia and Victoria.

Key Cases: Love v Commonwealth (2020) 270 CLR 152; 94 ALJR 198; [2020] HCA 3.

Bankruptcy 3.4 “Compulsory Bankruptcy”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle describes the procedures by which persons may be made bankrupt upon application to the court by their creditors. This update discusses the bankruptcy legislation, such as the Bankruptcy Regulations 2021 (Cth), the Federal Court (Bankruptcy) Rules 2016 (Cth) and the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth). This update also discusses sequestration orders in relation to both persons and corporations.

Key Legislation: Bankruptcy Regulations 2021 (Cth); Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth); Federal Court (Bankruptcy) Rules 2016 (Cth).

Bankruptcy 3.18 “Debt Agreements”
Updated by Aimee Kinda, Barrister, Victorian Bar

This Subtitle discusses the process to be followed in order to initiate a debt agreement under Pt IX of the Bankruptcy Act 1966 (Cth), as well as examining how such agreements operate and how they may be terminated. This update addresses the ways the debt agreement system underwent a comprehensive reform effected by the Bankruptcy Amendment (Debt Agreement Reform) Act 2018 (Cth). The update also discusses the circumstances in which the Official Receiver may accept a debt agreement proposal.

Key Legislation: Bankruptcy Regulations 2021 (Cth); Bankruptcy Amendment (Debt Agreement Reform) Act 2018 (Cth).

Business Organisations 4.5 “Company Reorganisation”
Updated by John Heard, Barrister, Victorian Bar

This Subtitle, which discusses the reorganisation of companies, has been substantially updated. This update discusses the principle of capital maintenance, voluntary administration, creditor meetings, committee of creditors, duties of administrators and directors during administration, secured creditors, ipso facto reforms, as well as small business restructuring.

Key Cases: Re Grocon Pty Ltd (Admins Apptd) (No 3) [2021] VSC 36; Re WITS Holdings Pty Ltd (in liq) [2021] VSC 179; Decon Australia Pty Ltd v TFM Epping Land Pty Ltd (No 2) [2021] FCA 32; Mighty River International Ltd v Hughes (2018) 265 CLR 480; 92 ALJR 822; [2018] HCA 38.
Key Legislation: Corporations Act 2001 (Cth); Insolvency Practice Rules (Corporations) 2016 (Cth).

Civil Procedure 5.6 “Interlocutory Proceedings and Preservation of Property”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle examines interlocutory proceedings and preservation of property. This update discusses the procedure for dealing with interlocutory issues in the Federal Court of Australia, the payment of costs in respect of an interlocutory injunction application, and the Uniform Civil Rules 2020 (SA).

Key Cases: Crowe Horwath (Aust) Pty Ltd v Loone (No 4) [2017] VSC 656.
Key Legislation: Federal Court Rules 2011 (Cth); Uniform Civil Rules 2020 (SA).

Human Rights 21.11 “Privacy”
Updated by Professor Mirko Bagaric, Professor and Dean of Law, Swinburne University of Technology

This Subtitle focuses on the developing right to privacy as it exists both as a right in itself and as a right within other already established areas of law. This update states the powers of the Australian Information Commissioner, such as initiating investigations into acts or practices which may amount to an interference with the privacy of an individual.

Key Legislation: My Health Records Rule 2016 (Cth); Privacy Act 1988 (Cth).

International Trade 24.3 “International Business Transactions” Chs 1–9, 11–12
Updated by Dr Bruno Zeller, Professor, University of Western Australia, Perth

This Subtitle deals with the legal principles relating to international trade law. This update deals with the United Nations Convention on Contracts for the International Sale of Goods (CISG) (1980) 1489 UNTS 3; 19 ILM 668; [1988] ATS 32, in particular the areas of fundamental breaches of contract, damages for breach of contract, withdrawal of acceptance, conformity of goods and third party claims, passing of risk and common obligations of sellers and buyers. The update also covers the 2021 Franchising Code of Conduct.

Key Legislation: Competition and Consumer Act 2010 (Cth).

Real Property 28.11 “Strata and Group Titles”
Updated by Adjunct Associate Professor Anthony P Moore, Adjunct Associate Professor, School of Law, Flinders University

This Subtitle deals with both individual occupants having rights against the common owner and the subdivision of buildings or land, or the subdivision of both buildings and land into lots and common property where common property is managed by a body corporate. This update covers the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW), specifically the building quality of apartment buildings.

Key Legislation: Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW).

Update 374 currently scheduled updates (subject to change):

• Bankruptcy 3.11 “Recovery Action in Relation to Pre-bankruptcy Dispositions”
• Bankruptcy 3.12 “Administration of the Estate”
• Contracts: Specific 8.3 “Building and Construction Contracts”
• Finance, Banking and Securities 18.2 “Types of Financial Institutions”
• Government 19.5 “Federal Constitutional System”
• Health and Guardianship 20.11 “Regulation of Drugs”