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

Contracts: Specific 8.6 “Guarantees”

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

The Code of Banking Practice can be of contractual force if its terms (or some of them) are incorporated into a contract (National Australia Bank v Rice [2015] VSC 10). Young AJA rejected the view that subrogation rights available to a guarantor before the lender is paid in full are a proprietary right (Minumbra Pty Ltd v AM Lancewood Investment Nominees Pty Ltd [2015] NSWSC 302).

Equity 15.3 “Contribution, Subrogation and Marshalling”

Updated by Associate Professor Normann Witzleb, Associate Professor, Faculty of Law, Monash University

The three related equitable doctrines considered in this updated Subtitle are essentially about fairness: sharing the financial burden between two people liable to a common demand (contribution); transferring the right to seek payment from a third party, to the person who discharges another’s obligation (subrogation); and, providing for a conceptually similar transfer of rights in particular circumstances (marshalling).

March 2016 currently scheduled updates (subject to change):

2 Administrative Law 2.3 "Access to Information"

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

27 Professional Liability 27.3 "Legal Practitioners"