The Laws of Australia Updates July 2015
The following Subtitles were updated in July 2015 and are now available on Westlaw AU:
Communications 6.5 “The Australian Press Council”
Updated by Sarah Zeleznikow, Lawyer, Supreme Court of Victoria and High Court of Australia
The Australian Press Council is a non-profit organisation formed to self-regulate print media in Australia. It has no statutory basis and instead relies on the willingness of publications to respect its views, publicly admit mistakes, and adhere to ethical standards. This Subtitle outlines the background, structure, functions and complaints procedure of the Australian Press Council, which has gone through a recent overhaul.
Criminal Procedure 11.8 “Appeals”
Updated by Dr Danielle Andrewartha, Solicitor, Supreme Courts of South Australia and Victoria Consultant, McPhee Andrewartha
This updated discusses the revised law in relation to the procedure for criminal appeals especially in regards to the Supreme Court Criminal Rules 2014 (SA) and the Supreme Court Criminal Supplementary Rules 2014 (SA). These include new requirements for filing a notice of appeal which must state the grounds for appeal and be in the proper form.
Criminal Sentencing 12.7 “Custodial Orders”
Updated by Dr Danielle Andrewartha, Solicitor, Supreme Courts of South Australia and Victoria
The most severe sanction that may be imposed by a criminal court is a sentence depriving the offender of liberty – imprisonment by custodial sentence. It has long been regarded as a sentence of last resort, and alternatives such as home detention are now being looked at by State and Territory jurisdictions.
Environment and Natural Resources 14.8 “Cultural Heritage”
Updated by Edmund Lee, Barrister, Supreme Court of New South Wales and the High Court of Australia
This Subtitle examines the legislative framework and associated mechanisms – across all Australian jurisdictions – for the protection of built items, and related objects and artefacts, that are of cultural heritage significance. It includes a review of the Commonwealth’s obligations to protect cultural heritage under the Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) (1972) 1037 UNTS 151; 11 ILM 1358; [1975] ATS 47.
Updated by Gautam Mukherji, Barrister and Solicitor, Supreme Court of Victoria
This update discusses the onus of proof for a patient who alleges that a medical practitioner has fraudulently obtained consent as discussed in White v Johnston [2015] NSWCA 18, the parens patriae jurisdiction of a court in relation to a seventeen year old as discussed in X v Sydney Children’s Hospital Network (2013) 85 NSWLR 294; [2013] NSWCA 320.
Transport 34.2 Ch 18 “Aviation”
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research
This update discusses the claims made against airlines which are not based on the international air carrier liability rules, for example claims for breaches of the air carriage contract in respect of reservations. In Reggars v Emirates Pty Ltd (Civil Claims) [2013] VCAT 1276, the Victorian Civil and Administrative Tribunal refused to strike out a claim for emotional distress arising from failure to confirm a reservation and refused to cast doubt on the unbridled application of the "exclusivity" principle.
August 2015 currently scheduled updates (subject to change):
4 Business Organisations 4.2 "Company Management"
9 Criminal Law Principles 9.4 "Extradition and Mutual Assistance in Criminal Matters" (new subtitle)
28 Real Property 28.2 "Old System Title"
28 Real Property 28.4 "Torrens Systems - Principles and Procedures"