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The Laws of Australia Updates December 2015

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

Aborigines and Torres Strait Islanders 1.3 “Land Law”

Updated by Justin Carter, Legal Practitioner, Supreme Courts of New South Wales and Queensland

The case of Wyman v Queensland [2015] FCAFC 108 established that a court must inquire as to whether or not the traditional normative system of sovereignty ceases, so that contemporary society cannot be considered to maintain that traditional system. In Banjima People v Western Australia [2015] FCAFC 84, the Full Court of the Federal Court clarified the use of lay and expert evidence in native title claims.

This updated subtitle was also recently published as a stand-alone book, Native Title and Land Law – The Laws of Australia.

Criminal Procedure 11.12 Chs 1-6 “Criminal Injuries Compensation”

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

This Subtitle examines the general principles and scope of compensation orders made by assessors, magistrates, judges and tribunals. The update features commentary on the decisions of BVB v Victims of Crime Assistance Tribunal (2010) 27 VR 425; [2010] VSC 57 and TW v Victims of Crime Assistance Tribunal (Review and Regulation) [2013] VCAT 819 which discuss the age of children in relation to criminal acts being committed.

Human Rights 21.1 Chs 1-3 “Development and Definition of Human Rights”

Updated by Dr Stephen Tully, Barrister and Solicitor, Supreme Court of New South Wales

This historical Subtitle traces the development and definition of human rights. Updated Chapters 1-3 explore the Western heritage of human rights by examining British, French, and American foundations, and discuss the treaties that are the international sources of human rights law, and the permissible limitations and restrictions on human rights. In this update, much of the historical detail has been reviewed and simplified, making the Subtitle more contemporary and practical.

Professional Liability 27.4 “Auditors and Accountants”

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland, Roma Mitchell Chambers, Senior Lecturer, Queensland University of Technology

This Subtitle discusses an auditor’s duty to notify ASIC of matters the auditor has reasonable grounds to suspect contravene the Corporations Act 2001 (Cth) and the auditor’s duty to avoid conflicts of interest. It also includes updated information on accounting standards which have the force of law.

January 2016 currently scheduled updates (subject to change):

11 Criminal Procedure 11.12 Chs 7-13 "Criminal Injuries Compensation"

15 Equity 15.3 "Contribution, Subrogation and Marshalling"

27 Professional Liability 27.3 "Legal Practitioners"

By Adam Dallas

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

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