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The Laws of Australia Update 344

Content updates

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

Business Organisations 4.8 "Non-corporate Organisations"; Human Rights 21.8 "Families and Education"; Intellectual Property 23.6 "Confidential Information"

Business Organisations 4.8 “Non-corporate Organisations”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses organisations which are miscellaneous legal structures for the collective conduct of, or investment in, business otherwise than in the form of a company registered under the Corporations Act 2001 (Cth). This update features in-depth discussion on limited partnerships and the registration process, as well as managed investment schemes and the role of the responsible entity.

Key Cases: Wellington Capital Ltd v Australian Securities and Investments Commission (2014) 254 CLR 288; 89 ALJR 24; [2014] HCA 43.
Key Legislation: Business Names Registration Act 2011 (Cth); Limited Partnerships Act 2016 (WA).

Human Rights 21.8 “Families and Education”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University

This Subtitle examines Australia’s obligations according to international human rights statements, proclamations and provisions concerning families and education affecting, directing or governing Australian domestic law. This update includes commentary on the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) and the right of same-sex couples to marry. This update also discusses high school completion rates for Indigenous Australians.

Key Legislation: Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth).

Intellectual Property 23.6 “Confidential Information”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

The material in this Subtitle considers various aspects of confidential information. This update includes discussion of the “springboard” doctrine, which relates to a recipient of confidential information being restrained from using that information as a springboard to launch into a more advantageous position. Also discussed is the cases in which courts have awarded monetary compensation to vindicate privacy violations framed as breach of confidence claims.

Key Cases: Wilson v Ferguson [2015] WASC 15; Vasco Investments Ltd v Morgan Stanley Australia Ltd (2014) 108 IPR 52; [2014] VSC 455.

Update 345 currently scheduled updates (subject to change):

  • Evidence 16.3 "Proof in Criminal Cases"
  • Intellectual Property 23.1 Ch 4 "Duration of Copyright"
  • Labour Law 26.4 “Awards and Workplace Agreements”
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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