The following Subtitles were updated in April 2016 and are now available on Westlaw AU:

Human Rights 21.1 Ch 4 “Development and Definition of Human Rights”

Updated by Dr Stephen Tully, Barrister, Sixth Floor St James Hall Chambers

Updated Chapter 4 of this Subtitle explores the United Nations system for the protection of human rights. The chapter begins with an overview of the role of the United Nations in the development of human rights and then proceeds to a detailed examination of the various United Nations instruments and institutions for protecting human rights. The chapter ends with discussion of reform of the United Nations human rights system and contemporary human rights issues. As with previously updated Chapters 1–3, much of the historical detail has been reviewed and simplified, making the chapter more contemporary and practical.

Key Legislation:  International Covenant on Civil and Political Rights (ICCPR) (1966) 999 UNTS 171; 6 ILM 368; [1980] ATS 23; International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) 993 UNTS 3; 6 ILM 360; [1976] ATS 5; International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (1966) 660 UNTS 195; 5 ILM 352; [1975] ATS 40; Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)  (1979) 1249 UNTS 13; 19 ILM 33; [1983] ATS 9; Convention on the Rights of the Child (CRC) (1989) 1577 UNTS 3; 28 ILM 1456; [1991] ATS 4; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention) (1984) 1465 UNTS 85; [1989] ATS 21.

Labour Law 26.1 Chs 6–10 “Individual Employment”

Updated by Dr Victoria Lambropoulos, Senior Lecturer, Deakin University Law School

Updated Chs 6–10 of this Subtitle cover the range of rights and duties of employees and employers, including entitlements and obligations under the National Employment Standards, awards, and agreements in relation to payment of wages, leave, hours of work, superannuation contributions, etc. The law governing variation, termination, and remedies for breach of employment contracts is considered. Unfair dismissal and unlawful termination laws are examined, as are the general protections provisions of the Fair Work Act 2009 (Cth) prohibiting “adverse action” against employees, including dismissal for union activity.

Key Legislation: Fair Work Act 2009 (Cth); Work Health and Safety Act 2011 (Cth).

Key Cases: Australian and International Pilots Association v Qantas Airways Ltd (2014) 240 IR 342; [2014] FCA 32; Technical & Further Education Commission v Pykett (2014) 240 IR 130; [2014] FWCFB 714.

Professional Liability 27.5 "Bankers"

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle considers the nature and extent of duties owed in any bank-customer relationship. This update includes commentary on the Code of Banking Practice and the contractual obligations between bank and customer, as well as updated information on fiduciary duties.

Key Cases: National Australia Bank v Rice [2015] VSC 10; Commonwealth Bank of Australia v Shannon (2013) 8 BFRA 674; [2013] NSWSC 1076.

May 2016 currently scheduled updates (subject to change):

2 Administrative Law 2.1 "Administrative Law System"

2 Administrative Law 2.3 "Access to Information"

2 Administrative Law 2.7 "Other Forms of Review and Appeal"

8 Contracts: Specific 8.2 "Real Estate Agents"

34 Transport 34.1 "Carriage"