The Laws of Australia Latest Updates 338-339
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;  ACTSC 81; Re Edward  NSWSC 284; S v Department of Community Services  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  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  FamCA 796; Hurst v Weber (2009) 233 FLR 337;  FamCAFC 137; Beklar v Beklar  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  APBRO 1.
Key Cases: Majestic Selections Pty Ltd v Bushland Flora  APBRO 1.
Key Legislation: Plant Breeder’s Rights Act 1994 (Cth).
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;  FCA 1221 and Kapila, Re Edelsten  FCA 1112.
Key Cases: Legend International Holdings Inc v Legend International Holdings Inc  VSC 308; Kapila, Re Edelsten  FCA 1112; Akers v Saad Investments Co Ltd (in liq) (2010) 190 FCR 285; 5 BFRA 348;  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  NSWSC 1609; Bazley v Wesley Monash IVF Pty Ltd  2 Qd R 207;  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  FCAFC 139), as well as in educational institutions (Arora v Melton Christian College  VCAT 1507).
Key Cases: Burns v Corbett (2017) 316 FLR 448;  NSWCA 3; Sklavos v Australasian College of Dermatologists  FCAFC 128; Arora v Melton Christian College  VCAT 1507; Vata-Meyer v Commonwealth  FCAFC 139.
Key Legislation: Equal Opportunity Act 2010 (Vic).