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

Criminal Law Procedures 9.1 “The Criminal Laws” Chs 1-4

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle considers the fundamental precepts from which the criminal laws proceed. This update discusses Duncan v Independent Commission Against Corruption [2015] HCA 32 held that parliament is empowered to pass retrospective laws and that this does not violate the Kable doctrine (Kable v DPP (NSW) (1996) 189 CLR 51). Pollentine v Bleijie [2014] HCA 30 was a challenge to s 18 of the Criminal Law Amendment Act 1945 (Qld) which allows a court to order the indefinite detention of a person who is found guilty of a sexual offence against a child.

Key Cases: Duncan v Independent Commission Against Corruption [2015] HCA 32; Pollentine v Bleijie [2014] HCA 30; Kuczborski v Queensland [2014] HCA 46.

Evidence 16.7 “Privilege and Public Interest Immunity”

Updated by Professor Mirko Bagaric, School of Law, Deakin University

Legislation may exclude privileges against self-exposure to incrimination, exposure to a penalty or a forfeiture, however the High Court is divided on the issue. In X7 v Australian Crime Commission [2013] HCA 29, Kiefel, Hayne and Bell JJ (in separate judgments) applied the principle of legality, holding that the Australian Crime Commission Act 2002 (Cth) did not permit an examiner to compel an accused who is charged with an indictable offence to answer questions relating to the offence prior to the trial for the offence. Dissenting on this point, French CJ and Crennan J rejected the submission that such a power violates the right to a fair trial pursuant to Ch III of the Constitution.

Key Case: X7 v Australian Crime Commission [2013] HCA 29.

September 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"

6 Communications 6.9 "Internet Law" (new Subtitle)

9 Criminal Law Principles 9.1 "The Criminal Laws" Ch 5

23 Intellectual Property 23.4 "Patents" Chs 3, 7