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

Professional Liability 26.7 “Brokers”

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

This Subtitle considers the professional obligations of insurance brokers and sharebrokers. An insurance broker is a person who arranges contracts of insurance for the insured or those intending to become insured; while a sharebroker (or stockbroker) is a broker who buys and sells shares in return for a commission. Under the Australian Consumer Law (misleading or deceptive conduct) and Competition and Consumer Act 2010 (Cth), brokers can be liable to both clients and third parties.

Key Legislation: Competition and Consumer Act 2010 (Cth).

Torts 33.2 “Negligence”

Updated by Jessica Clark, Barrister, Victorian Bar; Andrew Felkel, Barrister, Supreme Court of Victoria; Shannon Kelly, Legal Editor, The Laws of Australia and Craig Ryan, Legal Editor, The Laws of Australia

This update deals with a number of changes in the law of negligence. In reference to negligent misstatement, reference is made to ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65 on the question of the ambit of the duty of care owed to third parties. Pure economic loss consequent upon property damage is discussed in Marsh v Baxter [2015] WASC 169. The duty of care of hospitals when a patient has a language barrier is explored in Biggs v George [2016] NSWCA 113. Commentary on the duty of care in cases of nervous shock is discussed in King v Philox (2015) 255 CLR 304.

Key Cases: ABN AMRO Bank NV v Bathurst Regional Council (2014) 224 FCR 1; [2014] FCAFC 65; Marsh v Baxter [2015] WASC 169; Biggs v George [2016] NSWCA 113; King v Philox (2015) 255 CLR 304.

Torts 33.8 “Trespass and Intentional Torts”

Updated by Timothy B Maxwell, Solicitor, Supreme Court of Victoria

This update covers changes in case law in relation to intentional torts. It includes commentary regarding intention in relation to battery as discussed in Carter v Walker [2010] VSCA 340. The defence of consent in relation to trespass to the person in a medical context is also discussed in relation to Dean v Phung [2012] NSWCA 223; White v Johnston [2015] NSWCA 18.

Key Cases: Carter v Walker [2010] VSCA 340; Dean v Phung [2012] NSWCA 223; White v Johnston [2015] NSWCA 18.

Torts 33.10 “Damages”

Updated by Christoph Liedermann, Barrister, New South Wales Bar

This Subtitle discusses the damages available by way of compensation, appeasement or civil fine for loss or injury inflicted by a tortfeasor. The principal remedy for tort law is compensatory monetary damages, though it is recognised that this cannot return a plaintiff precisely to their pre-tort position. This update discusses changes to these amounts due to changes in various State and Territory legislation.

Key Legislation: Victims Rights and Support Act 2013 (NSW); Return to Work Act 2014 (NT); Civil Proceedings Act 2011 (Qld); Victims of Crime Assistance Act 2009 (Qld); Return to Work Act 2014 (SA).

August 2016 currently scheduled updates (subject to change):

2 Administrative Law 2.1 "Administrative Law System"

2 Administrative Law 2.7  "Other Forms of Review and Appeal" Chs 3-4

6 Communications 6.9 "Internet Law" (new Subtitle)

9 Criminal Law Principles 9.1  "The Criminal Laws" Chs 1-2

16 Evidence 16.7 "Privilege and Public Interest Immunity"