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

Contract: General Principles 7.2 “Vitiating Factors” Ch 4

Updated by Professor Andrew Stewart, John Bray Professor of Law, University of Adelaide

In recent cases involving breaches of legislation, there has been a tendency to downplay the distinction between express/implied prohibition of the making of a contract, and the inclusion of a particular term/performance of the contract that would be in breach of said legislation.

Key Case: Gnych v Polish Club Ltd [2015] HCA 23.

Contracts: Specific 8.2 “Real Estate Agents”

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

Among the topics covered in this update are the legislative overhauls to real estate agents in Queensland, as the Property Occupations Act 2014 (Qld) repealed and replaced the previous Property Agents and Motor Dealers Act 2000 (Qld).

Key Legislation: Property Occupations Act 2014 (Qld).

Family Law 17.18 “Injunctions”

Updated by Louise Mathias, Barrister & Mediator, Elizabeth Street Chambers, Sydney

This Subtitle considers the two types of injunctions that can be granted under the Family Law Act 1975 (Cth), and the domestic injunctions that can be granted under relevant State or Territory legislation. This update primarily takes account of changes in Queensland, South Australian and Victorian domestic violence legislation, particularly the enactment of the Domestic and Family Violence Protection Act 2012 (Qld) and the Intervention Orders (Prevention of Abuse Act 2009 (SA), and the repeal of the Crimes (Family Violence) Act 1987 (Vic).

Key Legislation: Domestic and Family Violence Protection Act 2012 (Qld); Intervention Orders (Prevention of Abuse Act 2009 (SA).

Torts 33.5 “Breach of Statutory Duty”

Updated by Edmund Lee, Barrister

This Subtitle discusses the cause of action and defences of the tort. Defences and exclusions of liability in relation to new work health and safety legislation are also included.

Key Legislation: Return to Work Act 1986 (NT)

Unfair Dealing 35.7 “Duress”

Updated by Dr Paul Vout, Member of the Victorian Bar

Duress applied to a party to a contract by a third party will not be actionable against the other contracting party unless the other contracting party participated in, or otherwise had knowledge of, the duress. In Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24, a former teacher who had been coerced by members of a motorcycle gang to withdraw $60,000 from the respondent bank found that duress was no defence to a claim from the respondent for repayment of the money withdrawn.

Key Case: Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24.

June 2016 currently scheduled updates (subject to change):

14 Environment and Natural Resources 14.4 Ch 3 "Development Control"

33 Torts 33.4 "Product Liability"

33 Torts 33.8 "Trespass and Intentional Torts"

34 Transport 34.1 "Carriage"