The Laws of Australia Updates October 2016
The following Subtitles were updated in October 2016 and are now available on Westlaw AU:
Criminal Law Procedures 9.1 “The Criminal Laws” Ch 7
Updated by Professor Mirko Bagaric, School of Law, Deakin University
This update features commentary on the principle of legality, which has emerged in recent years as an important interpretive tool in reading statutes that effect fundamental rights and discusses X7 v Australian Crime Commission (2013) 248 CLR 92.
Human Rights 21.4 “Civil and Political Rights” Chs 1, 2
Updated by Dr Stephen Tully, Barrister, New South Wales Bar
The Lange test, as set down by the High Court in 1997 in Lange v Australian Broadcasting Corp (1997) 189 CLR 520, was broken down into three questions by the Court’s plurality in McCloy v New South Wales [2015] HCA 34. That is: (1) Does the law effectively burden the freedom in its terms, operation or effect? (2) If yes, are both the purpose of the law and the means to achieve that purpose legitimate? (3) If yes, is the law reasonably appropriate and adapted to advance that object?
Intellectual Property 23.4 “Patents” Ch 8
Updated by Michael J Caine, Vice President, Institute of Patent & Trade Mark Attorneys of Australia; Principal, Davies Collison Cave
Updated Ch 8 of this Subtitle has been amended to take into account a number of amendments made to the Patents Act 1990 (Cth), in particular those made by the Intellectual Property Laws Amendment Act 2015 (Cth); and to take into account a number of bilateral and multilateral trade agreements entered into by Australia, including free trade agreements with Chile, China, Japan, Korea, and Malaysia, the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) [2010] ATS 1 with the Association of Southeast Asian Nations (ASEAN) and New Zealand, and the Trans-Pacific Partnership Agreement.
November 2016 currently scheduled updates (subject to change):
2 Administrative Law 2.1 "Administrative Law System"
2 Administrative Law 2.3 "Access to Information"
2 Administrative Law 2.7 "Other Forms of Review and Appeal"
9 Criminal Law Principles 9.1 "The Criminal Laws" Ch 8
10 Criminal Offences 10.3 "Sexual Offences"
17 Family Law 17.15 "Valuation of Property and Tax and Revenue Issues" Chs 1–3, 5, 7
21 Human Rights 21.4 "Civil and Political Rights" Chs 3–4
31 Revenue Law 31.8 "Trusts"
35 Unfair Dealing 35.9 "Unconscionable Dealing"