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The Laws of Australia updates June 2012

June 2012 Highlights

Subtitle 6.2 Criminal Defamation Westlaw AU / Legal Online

Updated by Danielle Andrewartha, PhD Candidate and Research Associate, Faculty of Law, Monash University

This Subtitle deals with the status of criminal defamation in Australia, the key features and differences between jurisdictions, and its interaction with actions in civil defamation. This discussion details the elements, defences and penalties for criminal defamation, and contains update commentary reviewing the position under the uniform defamation laws, as well as the abolition of the common law distinction between libel and slander.

Subtitle 12.8 Post-custodial Orders Westlaw AU / Legal Online

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

This Subtitle covers the main post-custodial orders available in each jurisdiction, in particular, the status of parole, work release and home detention orders, and the considerations relevant to the fixing of non-parole periods and the remission of sentences. The discussion also outlines the constitution and powers of the various parole boards and conditions applicable as to eligibility for parole, breach and revocation of parole. This update includes a consideration of the latest legislative changes in this area, as well as significant judicial statements such as Hili v The Queen (2010) 242 CLR 520; 85 ALJR 195; 204 A Crim R 434; 78 ATR 11; [2010] HCA 45; Muldrock v The Queen (2011) 244 CLR 120; 85 ALJR 1154; [2011] HCA 39; PNJ v The Queen (2009) 193 A Crim R 54; 83 ALJR 384; [2009] HCA 6.

Subtitle 17.11 Child Support Westlaw AU / Legal Online

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

The discussion includes updated commentary on the legislative and administrative framework for the assessment, enforcement, collection, payment and variation of child support orders and child support agreements, supported with examples from the Child Support Agency website. The Subtitle examines liability for child support and objections to orders, as well as the role of the courts, and the grounds for departure from the administrative assessment of child support.

Subtitle 18.9 Securities Westlaw AU / Legal Online

Updated by Dr Oren Bigos, Barrister, Victorian Bar

This Subtitle deals with the law relating to securities. This update addresses the changes to the law relating to securities over personal property in light of the application of the Personal Property Securities Act 2009 (Cth) which commenced from 30 January 2012. It also deals with securities in the context of consumer credit, which are regulated by the National Consumer Credit Protection Act 2009 (Cth). Reference is made to recent cases such as Elite Promotions Management Pty Ltd v 5A Investments Pty Ltd [2011] NSWSC 590 and Beconwood Securities Pty Ltd v Australia and New Zealand Banking Group Ltd (2008) 246 ALR 361; [2008] FCA 594.

Subtitle 20.5 Public Health and Infectious Diseases Westlaw AU / Legal Online

Updated by Peter Crofts, Consultant, DLA Piper Australia, Brisbane

This Subtitle focuses on the narrow aspect of public health concerning the control of infectious diseases. This update features commentary on the control of tobacco products, the smoking of tobacco in public places and the costs to society, making reference to the Smoking in Cars with Children (Prohibition) Act 2011 (ACT) and the Public Health (Tobacco) Act 2008 (NSW). There is also discussion of the potential spread of disease from tattooing, body piercing and prostitution.

July 2012 planned updates

(please note that updates are subject to change)

  • 7 Contracts: General Principles 7.3 “Parties”
  • 14 Environment and Natural Resources 14.7 “Biodiversity”
  • 18 Finance, Banking and Securities 18.3 “Regulation of Financial Institutions and Payment Systems”
  • 23 Intellectual Property 23.7 “Designs”
  • 28 Real Property 28.17 “Land Acquisition”
  • 34 Transport 34.4 “Admiralty”
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Jasmine Kemp is the Product Manager for the Research and Primary Law portfolio.

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