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Criminal & Litigation Team - Updates June 2013

The following products have been issued in June 2013:

Australian Sentencing

  • New and updated commentary on Judicial Reasoning, Mitigating Considerations, Sanctions, Theft and Fraud, Drugs and Offences against the person.
  • Legislative amendments have been made to the Crimes (Sentencing) Act 2005 (ACT), Sentencing Act (NT), Criminal Law (Sentencing) Act 1988 (SA) and Sentencing Act 1991 (VIC).

 Australian Succession Law

  • Precedents have been published including:
    • NSW
      • General Power of Attorney;
      • Enduring Power of Attorney;
      • Appointment of Enduring Guardian; and
      • Revocation of Appointment of Enduring Guardian.
    • QLD
      • General Power of Attorney;
      • Enduring Power of Attorney (Short Form); and
      • Enduring Power of Attorney (Long Form).
  • Legislative amendments have been made to the Probate and Administrative Act 1898 (NSW), Supreme Court Rules 1970 (NSW), Public Trustee Act 1978 (QLD), Public Trustee Regulation 2012 (QLD), Testator's Family Maintenance Act 1912 (TAS) and Supreme Court (Administration and Probate) Rules 2004 (VIC).

 Costs Guide New South Wales

  • New and updated commentary from Maurice Polkinghorne has been included.
  • Legislative amendments have been made to the Victims Support Rehabilitation Rule 1997, Federal Court Rules 2011, Federal Court and Federal Circuit Court Regulation 2012, Family Law Regulations 1984 and the Family Law Act 1975.

Criminal Law, Investigation and Procedure Victoria

  • New and updated commentary has been included by:
    • Professor Mirko Bagaric on Discontinuance of Proceedings, Evidence and Human Rights;
    • Justice Phillip Priest on Homicide;
    • Magistrate Greg Connellan on Identification; and
    • Benjamin Lindner on Questioning.
  • Legislative amendments have been made to the Bail Act 1977, Bail Regulations 2012, Corrections Act 1986, Crimes Act 1914, Criminal Procedure Act 2009, Drugs, Poisons and Controlled Substances Regulations 2006, Evidence Regulations 2009, Occupational Health and Safety Act 2004, Police Regulation Act 1958, Sentencing Act 1991, Supreme Court (Criminal Procedure) Rules 2008 and Surveillance Devices Act 1999.

Criminal Law New South Wales

  • New and updated commentary has been included on the Crimes Act 1900 and the Criminal Appeal Act 1912.
  • Legislative amendments have been made to the Criminal Procedure Act 1986, Criminal Procedure Regulation 2010, Mental health (Forensic Provisions) Act 1990, Children (Criminal Proceedings) Act 1987 and Fines Act 1996.

Federal Circuit Court Guidebook

  • The first update of the renamed product has been published including:
    • New Developments written by Jillian Francis; and
    • Updated Federal Circuit Court forms.

Federal Court Practice

  • New and updated commentary by Justice Geoffrey A Flick has been included on:
    • Federal Court Act and Regulations;
    • Federal Court Rules 2011;
    • Evidence Act 1995; and
    • Acts Interpretation Act.
  • Legislative amendments have been made to the Criminal Procedure Act 1986, Criminal Procedure Regulation 2010, Mental health (Forensic Provisions) Act 1990, Children (Criminal Proceedings) Act 1987 and Fines Act 1996.

Federal Offences

  • New and updated commentary has been included on the Crimes Act 1914 by Stephen Odgers SC and Professor Mirko Bagaric.
  • Legislative amendments have been made to the Criminal Code Act 1995, Customs Act 1901, Federal Court of Australia Act 1976, Judiciary Act 1903 and Migration Act 1958.

 Motor Vehicle Law New South Wales

  • Comparative tables for the Road Transport Act 2013 and the Road Transport Regulation 2013 have been included.
  • New and updated commentary by Andrew Stone has been included on Liability, MAC Act and Rights.
  • Legislative amendments have been made to the Road Transport (Safety and Traffic Management) Regulation 1999 and the Fines Act 1996.

 Motor Vehicle Law Queensland

  • Practice points and precedents for Civil Practice and Procedure have been updated by Simon Cilento.
  • Legislative amendments have been made to the Transport Operations (Passenger Transport) Act 1994, Personal Property Security Act 2009, Police Powers and Responsibilities Act 2000.

New South Wales Administrative Law

  • New and updated commentary by M Robinson on GIPA Act, PPIP Act and HRIP Act has been included.
  • Legislative amendments have been made to the Privacy and Personal Information Protection Regulation 2005 (NSW).

 New South Wales Local Courts Practice

  • New and updated commentary by Michael Morahan has been included on:
    • Civil Procedure Act;
    • Uniform Civil Procedure Rules 2005;
    • Fees & Costs;
    • Commencing Actions;
    • Procedure at hearing;
    • Judgments & Orders
    • Appeals
    • Building and Construction Industry Security of Payment Act 1999; and
    • Property (Relationships) Act 1984.
  • Legislative amendments have been made to the Acts Interpretation Act 1901, Civil Liability Act 2002, Commercial Agents and Private Inquiry Agents Act 2004, Competition and Consumer Act 2010, Legal Profession Act 2004 and Uniform Civil Procedure Rules 2005.

Quick on Costs

  • The new chapters, Regulation of Practitioners and Superseded Scales, have been included.

Scales of Costs, Charges and Fees Queensland

  • The new legislation, Commercial Arbitration Act 2013 and Property Law Regulation 2013 have been included.
  • The legislation, Commercial Arbitration Act 1990 and the Property Law Regulation 2003 have been repealed.
  • Legislative amendments have been made to the Federal Court and Federal Circuit Court Regulation 2012, Federal Court Rules 2011, Federal Circuit Court Rules 2001, Federal Circuit Court (Bankruptcy) Rules 2006, Royal Commissions Regulations 2001, Supreme Court of Queensland Act 1991, Queensland Civil and Administrative Tribunal Regulation 2009, Patents Regulations 1991, Trade Marks Regulations 1995, Water Regulation 2002 and Family Law (Fees) Regulation 2012.

Summary Justice South Australia

  • New and updated commentary by D Andrewartha on Process to compel attendance in court has been included.
  • Legislative amendments have been made to the Crimes Act 1914 (Cth), Magistrates Court Act 1991 (SA), and Summary Offences Act 1953 (SA).

Uniform Evidence Law

  • New and updated commentary by Stephen Odgers SC has been included on the Evidence Act in particular:
    • Competence: lack of capacity;
    • Relevant evidence to be admissible; and
    • Loss of client privilege.
  • Legislative amendments have been made to the Foreign Evidence Act 1994 and Evidence Regulations 2009.

Victorian Administrative Law

  • New and updated commentary by Fiona Batten on the Information Privacy Act 2000 has been included.
  • Legislative amendments have been made to the Supreme Court (General Civil Procedure) Rules 2005, Victorian Civil and Administrative Rules 2008 and Ombudsman Act 1973.

Victorian Courts

  • Legislative amendments have been made to the Constitution Act 1975, County Court Act 1958, Supreme Court (General Civil Procedure) Rules 2005, Supreme Court (Administration and Probate) Rules 2004 and Supreme Court (Criminal Procedure) Rules 2008.
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