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

Administrative Law 2.1 “Administrative Law System”

Updated by Mark A Robinson SC, Barrister, Supreme Court of New South Wales and High Court of Australia

Australia’s system of administrative law operates through a complex combination of common law principles, and mechanisms and bodies established by legislation, such as Ombudsmen and tribunals. In 2015, the Social Security Appeals Tribunal was merged into the Administrative Appeals Tribunal. Decisions are now reviewed in the AAT’s Social Services & Child Support Division.

This updated Subtitle was also recently published as a stand-alone book, Administrative Law – The Laws of Australia.

Administrative Law 2.3 “Access to Information”

Updated by John D Fitzgerald, Solicitor, Supreme Court of New South Wales

There are two types of access to information legislation in Australia: legislation requiring government decision-makers to provide a statement of reasons to explain their actions; and legislation requiring government agencies to provide access to the information held by them. On 1 July 2017, the Freedom of Information Act 2016 (ACT) will repeal and replace the Freedom of Information Act 1989 (ACT).

This updated Subtitle was also recently published as a stand-alone book, Administrative Law – The Laws of Australia.

Administrative Law 2.7 “Other Forms of Review and Appeal”

Updated by John D Fitzgerald, Solicitor, Supreme Court of New South Wales and Benjamin A Jacobs, Barrister, Supreme Court of New South Wales

Executive government actions are reviewable by many legal mechanisms, covered in this Subtitle. Of importance to note in this Subtitle are the mechanisms of various statutory tribunals and Ombudsmen.

This updated Subtitle was also recently published as a stand-alone book, Administrative Law – The Laws of Australia.

Criminal Offences 10.3 “Sexual Offences”

Updated by Christopher K Wareham, Barrister, Victorian Bar

Sexual offences encompass a variety of sexual conduct that is prohibited because it is non-consensual, offensive or exploitative. The mental element of rape and like offences in s 61HA(3)(c) of the Crimes Act 1900 (NSW) has been recently debated. There have also been questions with respect to the level of the accused’s knowledge, discussed in Zaburoni v The Queen [2016] HCA 12.

Human Rights 21.4 “Civil and Political Rights” Chs 3, 4 

Updated by Dr Stephen Tully, Barrister, New South Wales Bar

A plurality in McCloy v New South Wales [2015] HCA 34 broke down the test in Lange v Australian Broadcasting Corp (1997) 189 CLR 520 into three questions:
1. Does a law effectively burden the freedom in its terms, operation or effect?
2. Are the purposes of the law, and the means adopted to achieve that purpose, legitimate?
3. Is the law reasonably appropriate and adapted to advance that legitimate object?

Revenue Law 31.8 “Trusts”

Updated by Ivy Ling, Legal Editor, The Laws of Australia

This Subtitle discusses the new rules dealing with the streaming of capital gains and franked distributions to “specifically entitled” beneficiaries and the central legislation involved. The update also discusses the impact of the High Court's decision in Federal Commissioner of Taxation v Bamford (2010) 240 CLR 481; 84 ALJR 266; 75 ATR 1; [2010] HCA 10, and the resultant introduction of new rules to ensure that capital gains made by trusts will be taxed in the hands of beneficiaries entitled to those gains.

December 2016 currently scheduled updates (subject to change):

5 Civil Procedure 5.10 "Limitation of Actions" (Table)
17 Family Law 17.15 "Valuation of Property and Tax and Revenue Issues" Chs 1–5
35 Unfair Dealing 35.9 "Unconscionable Dealing"