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The Laws of Australia Updates August 2015

The following Subtitles were updated in August 2015 and are now available on Westlaw AU:

Business Organisations 4.2 “Company Management”

Updated by Joseph C Veneziano, Solicitor, Supreme Court of New South Wales and High Court of Australia

The management of a registered company includes consideration of its organisation, policies and day-to-day business decisions. A number of recent cases expand on the various roles fulfilled and duties required by the members of a company’s executive board.

Criminal Procedure 11.7 “Trial Procedure”

Updated by Professor Mirko Bagaric, Barrister and Solicitor, Supreme Court of Victoria, Professor, School of Law, Deakin University

This update discusses the position in Victoria in respect of directions about the meaning of “proof beyond a reasonable doubt” since the enactment of the Jury Directions Act 2015 (Vic).

 

Real Property 28.2 “Old System Title”

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

There is currently very little land in Australia covered by old system title (ie “common law land”); most land has been converted to Torrens system title. Small areas of old system title still exist, but in quantities of less than 1 percent in those jurisdictions that still contain them.

Real Property 28.4 “Torrens System – Principles and Procedures”

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

This update discusses the careless mortgagee exception and the new requirements that mortgagees have to take reasonable steps to identify the mortgagor in certain states. A failure to do so may prevent the mortgagee from claiming the benefits of an indefeasible title.

September 2015 currently scheduled updates (subject to change):

20 Health and Guardianship 20.6 “Consent”

31 Revenue Law 31.14 “Calculation of Tax Payable”

33 Torts 33.4 “Product Liability”

By Adam Dallas

Adam Dallas is a Legal Editor with The Laws of Australia encyclopaedia.

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