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The Laws of Australia Latest Updates 338-339

Content updates

The following Subtitles are now updated and available on Westlaw AU:

  • Update 338: Family Law 17.10 “Child Welfare”; Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 11; Intellectual Property 23.5 “Plant Breeder’s Rights”;
  • Update 339: Bankruptcy 3.19 “Cross-border Bankruptcy”; Health and Guardianship 20.12 “Medical Technology”; Human Rights 21.9 “Discrimination”.


Update 338:

Family Law 17.10 “Child Welfare”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle is concerned with intervention by a court or administrative agency under a child welfare statute when a child is in need of care and protection. This update features in-depth commentary discussing the definitions of various terms such as “guardian”, “relative” and “in need of protection”. Also featured is commentary on the power of the Children’s Court of Victoria to make family preservation and family reunification orders, and special principles for Indigenous children.

Key Cases: CD v Chief Executive of Department of Education & Community Services (2000) 27 Fam LR 19; [2000] ACTSC 81; Re Edward [2001] NSWSC 284; S v Department of Community Services [2002] NSWSC 151.
Key Legislation: Children and Young People Act 2008 (ACT); Children and Young Persons (Care and Protection) Act 1998 (NSW); Care and Protection of Children Act 2007 (NT).

Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 11
Updated by Grant Kepler, Wayne Lonergan and Julie Planinic, Directors, Lonergan Edwards & Associates Ltd

This update features commentary on the increasing relevance of employee shares and options in family law matters. Vesting periods and cases such as Shakir v Shakir [2014] FamCA 796 are also discussed in detail. A substantial part of the update is a discussion on whether shares, rights or derivatives are to be treated as property or as a financial resource.

Key Cases: Shakir v Shakir [2014] FamCA 796; Hurst v Weber (2009) 233 FLR 337; [2009] FamCAFC 137; Beklar v Beklar [2013] FamCA 327.
Key Legislation: Family Law Act 1975 (Cth).

Intellectual Property 23.5 “Plant Breeder’s Rights”  
Updated by Darron S Saltzman, Principal and Director, Trade Mark Attorney, Davies Collison Cave

This Subtitle discusses the availability of plant breeder’s rights (PBR) for new varieties of plants, the scope of protection provided by PBR and the relationship between PBR and other intellectual property and statutory rights. This update features commentary regarding the definition of distinct plant varieties, as well as DNA testing, criminal liability for infringements, and PBR applications and revocations, as discussed in Majestic Selections Pty Ltd v Bushland Flora [2016] APBRO 1.

Key Cases: Majestic Selections Pty Ltd v Bushland Flora [2016] APBRO 1.
Key Legislation: Plant Breeder’s Rights Act 1994 (Cth).

Update 339:

Bankruptcy 3.19 “Cross-border Bankruptcy”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle provides an overview of the mechanisms for dealing with cases of cross-border insolvency contained within the Cross-Border Insolvency Act 2008 (Cth). This update provides commentary on the meaning of terms such as “centre of main interests” (COMI) and “habitual residence”, as discussed in Akers v Saad Investments Co Ltd (in liq) (2010) 190 FCR 285; 5 BFRA 348; [2010] FCA 1221 and Kapila, Re Edelsten [2014] FCA 1112.

Key Cases: Legend International Holdings Inc v Legend International Holdings Inc [2016] VSC 308; Kapila, Re Edelsten [2014] FCA 1112; Akers v Saad Investments Co Ltd (in liq) (2010) 190 FCR 285; 5 BFRA 348; [2010] FCA 1221.
Key Legislation: Federal Court (Bankruptcy) Rules 2016 (Cth); Cross-Border Insolvency Act 2008 (Cth); Bankruptcy Act 1966 (Cth).

Health and Guardianship 20.12 “Medical Technology”
Updated by Professor Charles Lawson, Griffith Law School, Griffith University

This Subtitle involves a consideration of the application of common law principles to specific research or medical situations. This update outlines the Australian Privacy Principles Guidelines (found in the Privacy Act 1988 (Cth)) including the principles which deal with personal information and security. Also featured is detailed discussion on the regulation of gene technology and the 2017 Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research.

Key Cases: TS v Sydney Children’s Hospital Network [2012] NSWSC 1609; Bazley v Wesley Monash IVF Pty Ltd [2011] 2 Qd R 207; [2010] QSC 118.
Key Legislation: Research Involving Human Embryos Act 2002 (Cth); Gene Technology Act 2000 (Cth); Family Law Act 1975 (Cth); Surrogacy Act 2012 (Tas).

Human Rights 21.9 “Discrimination”
Updated by Dr Steven Churches, Barrister, Elliott Johnston Chambers

This Subtitle examines the provisions of the Commonwealth, State and Territory anti-discrimination legislation. This update examines discrimination in the workplace (Vata-Meyer v Commonwealth [2015] FCAFC 139), as well as in educational institutions (Arora v Melton Christian College [2017] VCAT 1507).

Key Cases: Burns v Corbett (2017) 316 FLR 448; [2017] NSWCA 3; Sklavos v Australasian College of Dermatologists [2017] FCAFC 128; Arora v Melton Christian College [2017] VCAT 1507; Vata-Meyer v Commonwealth [2015] FCAFC 139.
Key Legislation: Equal Opportunity Act 2010 (Vic).

By The Laws of Australia

The Laws of Australia (TLA) team is a group of legally trained editors working exclusively on Thomson Reuters’ legal encyclopaedia.

TLA editors are particularly dedicated to maintaining the accuracy and currency of the encyclopaedia, ensuring it is a relevant research tool for both students and practitioners. TLA covers over 300 separate areas of law across all Australian jurisdictions, making it the ideal starting point for researching unfamiliar areas of the law.

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