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Corporate and Commercial Team – Updates March 2013

ASIC Corporate Investigations and Hearings – Update 80

  • Original updated commentary in Ch 1: Policy and Legal Framework; Ch 4: ASIC Investigations; Ch 6: Powers Relating to Books; Ch 8: ASIC Proceedings on Investigations; and Ch 9: ASIC Hearings.

Australian Bankruptcy Law & Practice – Update 159

  • Australian Bankruptcy Cases (New Series), Vol 10, Pt 3: 7 new headnotes.
  • Fees, Charges & Other Amounts; ITSA Forms; Recent Developments; Registered Trustees and Recommended Reading have all been updated.

The Law Relating to Banker and Customer in Australia – Update 86

  • Commentary added to Ch 13 “Mortgages and charges” and Ch 14 “Securities: enforcement and relief”.
  • Legislation updated throughout.

Company Receivers and Administrators – Updates 141 and 142

Update 141

  • Commentary has been added to Chs 3, 5, 7, 10 and 11.
  • In the New Developments chapter, the “Exposure Draft: Insolvency Law Reform Bill 2013 (Primary Amendments) – Consultation Explanatory Document” and the Australian Government’s “Proposals paper: A modernisation and harmonisation of the regulatory framework applying to insolvency practitioners in Australia” have been included.

Update 142

  • Commentary has been added to Chs 40, 41, 42, 44, 45, 46, 47, 50, 54, 56, 58 and 60.

Computer Contracts Principles and Precedents – Update 119

  • Commentary updated in Chs 1, 1A, 3 and 4.
  • New precedent added.

Foreign Investment in Australia – Update 51

  • Commentary updated in Chs 2 – 6.
  • The Foreign Takeovers Act 1975 (Cth), the Financial Transaction Reports Act 1988 (Cth), and the Native Title Act 1993 (Cth) have been amended.
  • Policy Guidelines updated.

Injunctions: Law and Practice – Update 19

  • NEW New Developments chapter.  Commentary has been added regarding freeze orders where a bankrupt has transferred assets to defraud creditors.
  • Commentary added to Chs 3 – Evidentiary, Procedural and Ethical Issues; 6 – Restraining a Mortgagee’s Power of Sale; and 16 – Injunctions to Restrain Breaches of Restraints of Trade and the Misuse of Confidential Information.

The Law of Intellectual Property: Copyright, Designs and Confidential Information – Update 71

  • Chapter 16A: Private International Law Aspects of Copyright has been completely revised and updated.
  • The Copyright Act 1968 (Cth) has been amended by the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (Cth).

McPherson's Law of Company Liquidation – Update 44

  • New Developments updated including publication of the Consultation Explanatory Document on the Insolvency Law Reform Bill 2013 (Cth).
  • Cross-references in the Corporations Act 2001 (Cth) updated.
  • Legislation Locater updated.

Media and Internet Law and Practice – Update 92

  • Commentary has been updated in Ch 1: Advertising & Content Regulation; Ch 18: Broadcasting; and Ch 25: Internet & Online Services.
  • The Classification (Publications, Films and Computer Games) Act 1995 (Cth), Printing and Newspapers Act 1973 (NSW) and Defamation Act 2005 (SA) have been amended.
  • Legislative extracts updated.
  • New Developments updated.

Modern Contract of Guarantee – Update 43

  • New and updated commentary in Ch 3, 4, 5, 7 and 10. (Includes commentary on the Bell Group appeal: (Westpac Banking Corporation v The Bell Group Ltd (in liq) No 3 (2012) 89 ACSR 1; [2012] WASCA 157)).

National Credit Regulation – Update 12

  • Extensive commentary addressing the impact of the Consumer Credit Legislation Amendment (Enhancements) Act 2012 (Cth) (Enhancement amendments) on the National Consumer Credit Protection Act 2009 (Cth).
  • Partial commencement of the “NCCP Enhancement” amendments.
  • Legislation and ASIC Materials updated.

National Workplace Relations – Updates 55 and 56

  • The Fair Work Act 2009 (Cth) has been amended.

The Law of Trusts – Update 107

  • Chapter 12, Trustees’ Powers – Administrative and Distributive, has been comprehensively revised by Mr Lee.
  • A new table cross referencing the Cayman Islands Trusts Law (2009) Revision to the English Trustee Act 1925 and the New South Wales Trustee Act 1925 has been compiled by Mr Lee.
  • The Trustees Act 1962 (WA) has been amended by the Inheritance (Family and Dependants Provision) Amendment Act 2011 (WA); (Act 48 of 2011).

Trade Practices Law – Competition and Consumer Law – Update 164

  • Eight Commentary Chapters have been updated.
  • The Competition and Consumer Act 2010 (Cth) has been amended by the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (Act 169 of 2012), commencing on 3 December 2012.
  • The Competition and Consumer Regulations 2010 (Cth) have been amended by the Competition and Consumer Amendment Regulation 2013 (Cth) (No 1) (SLI 3 of 2013), commencing on 15 February 2013.
  • The Statute Law (Miscellaneous Provisions) Act (No 2) 2012 (NSW) (Act 95 of 2012) has amended the Fair Trading Act 1987 (NSW), commencing on 4 January 2013.

Trade Secrets and Privacy – Update 4

  • Data-matching Program (Assistance and Tax) Act 1990 (Cth), Do Not Call Register Act 2006 (Cth), Spam Act 2003 (Cth), Telecommunications Act 1997 (Cth), Health Records and Information Privacy Act 2002 (NSW), Privacy and Personal Information Protection Act 1998 (NSW) and Information Privacy Act 2000 (Vic) have been amended.
  • Future history notes added to Data-matching Program (Assistance and Tax) Act 1990 (Cth), Privacy Act 1988 (Cth) and Telecommunications Act 1997 (Cth).
By vickiema

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