Skip to main content

The Laws of Australia Update 346

Content updates

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

Contracts: Specific 8.9 “Electronic Contracts”; Intellectual Property 23.1 “Copyright” (Chs 4–6); Wills and Estate Administration 36.1 “Wills” 

Contracts: Specific 8.9 “Electronic Contracts”
Updated by Justin Carter, Barrister, Queensland

This Subtitle focuses on both the general features of and the specific law relating to electronic contracts. This update discusses the implied or expressed terms of a contract in relation to the AirBnB platform, as well as the amendments made in 2011 to the Electronic Transactions Acts in the States and Territories to be more closely aligned with the United Nations Convention on the Use of Electronic Communications in International Contracts (Electronic Communications Convention) (2005) GA res 60/21. It also discusses the ePayments Code, which is a voluntary code of practice but is subscribed to by most banks, credit unions and building societies.   

Key Cases: Swan v Uecker (2016) 50 VR 74; [2016] VSC 313.
Key Legislation: Electronic Transactions Act 1999 (Cth).

Intellectual Property 23.1 “Copyright” (Chs 4–6)
Updated by Peter Knight, Senior IP/IT Commercial Counsel, Banki Haddock Fiora

This Subtitle describes the law of copyright derived from the Copyright Act 1968 (Cth). In this update there is extensive commentary on the rules which took effect on 1 January 2019, in relation to the term of copyright which applies to works (literary, films etc) made or made public before or after that date.

Key Cases: Career Step, LLC v TalentMed Pty Ltd (No 2) (2018) 129 IPR 70; [2018] FCA 132.
Key Legislation: Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth); Copyright Regulations 2017 (Cth); Copyright Act 1968 (Cth).

Wills and Estate Administration 36.1 “Wills” 
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle examines aspects of the law regarding wills and their validity, along with discussion of the Probate Court, the Court of Construction and gifts contained in wills. This update features commentary on the courts’ ability to authorise wills to be made for minors, as well as discussing the variety of circumstances in which statutory wills can been authorised, for example where the proposed testator has acquired a brain injury as a result of physical trauma, or is afflicted by a disease such as Alzheimer’s or dementia.

Key Cases: CDG v Siganto [2018] QSC 11; A Ltd v J [2017] NSWSC 736; R v J [2017] WASC 53; King v Dubrey [2016] Ch 221; Re Fenwick (2009) 76 NSWLR 22; 1 ASTLR 440; [2009] NSWSC 530.
Key Legislation: Succession Act 2006 (NSW); Succession Act 1981 (Qld).

Update 347 currently scheduled updates (subject to change):

  • Evidence 16.3 "Proof in Criminal Cases"

  • Human Rights 21.12 "Gender, Sexuality and Discrimination" (NEW Subtitle)

  • Intellectual Property 23.1 "Copyright" (Chs 7–8)

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.

Speak to a consultant

Can't find an answer to your question?
Contact our support team.

Request training

Contact our team to arrange training.

Tell us what you think

We'd love to hear what you think
of our products and support.