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The Laws of Australia Update 347

Content updates

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

Evidence 16.3 "Proof in Criminal Cases"; Human Rights 21.12 "Gender, Sexuality and Discrimination"; Intellectual Property 23.1 “Copyright” (Ch 7)

Evidence 16.3 “Proof in Criminal Cases”
Updated by Stephen J Odgers SC, Barrister, Supreme Court of New South Wales

This Subtitle comprises the various evidentiary rules which guarantee an accused the protection of the standard of proof beyond reasonable doubt. This update features commentary on the meaning of “beyond reasonable doubt” as discussed in R v Dookheea (2017) 91 ALJR 960; [2017] HCA 36, as well as the significant probative value of tendency evidence. Also featured is extensive commentary on the Jury Directions Act 2015 (Vic), which deals with warnings to juries in criminal proceedings.

Key Cases: McPhillamy v The Queen (2018) 92 ALJR 1045; [2018] HCA 52; Re Director of Public Prosecutions (Vic) [2018] VSCA 69; R v Bauer [2018] HCA 40; R v Dookheea (2017) 91 ALJR 960; [2017] HCA 36; Hughes v The Queen (2017) 92 ALJR 52; [2017] HCA 20; MM v The Queen (2016) 90 ALJR 529; [2016] HCA 14.
Key Legislation: Jury Directions Act 2015 (Vic).

Human Rights 21.12 “Gender, Sexuality and Discrimination”
New Subtitle by Dr Steven Churches, Barrister, Supreme Court of South Australia

This new Subtitle discusses the common law (and statutes) which reflected historical attitudes of hostility and unequal treatment towards people with particular features of humanity. Social attitudes in recent times have resulted in wider acceptance of the reality, legitimacy and even desirability of human diversity. The characteristics of diversity dealt with in this Subtitle include sex or gender, Indigenous identity, racial origin and skin colour, sexuality (sexual orientation, gender identity and self-identification), transgender, intersex and asexual status. Commentary also focuses on same sex marriage, superannuation, adoption and assisted reproductive technology.

Key Cases: Registrar of Births, Deaths and Marriages (NSW) v Norrie (2014) 250 CLR 490; AB v Registrar of Birth, Deaths and Marriages (2007) 162 FCR 528; Secretary of State for Works and Pensions v M [2006] 2 AC 91; A v Chief Constable of West Yorkshire Police [2005] 1 AC 51; AG (Commonwealth) v “Kevin and Jennifer” (2003) 172 FLR 300; Bellinger v Bellinger [2003] 2 AC 467; [2003] UKHL 21; Croome v Tasmania (1997) 191 CLR 119; 71 ALJR 430; 91 A Crim R 238; Secretary, Department of Social Security v SRA (1993) 43 FCR 299; 18 AAR 498.
Key Legislation: Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth); Marriage Amendment Act 2004 (Cth); Marriage Equality (Same Sex) Act 2013 (ACT); Human Cloning and Embryo Research Act 2004 (ACT); Assisted Reproductive Technology Act 2007 (NSW); Births, Deaths and Marriages Registration and Other Legislation Amendment Act 2018 (NT); Surrogacy Act 2012 (Tas); Human Cloning for Reproduction and Other Prohibited Practices Act 2003 (Tas); Assisted Reproduction Treatment Act 2008 (Vic); Gender Reassignment Act 2000 (WA).

Intellectual Property 23.1 “Copyright” (Ch 7)
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). This update includes commentary on the defence of fair dealing in relation to persons with a disability having access to copyright material. Also the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth) has introduced permitted use provisions which apply to libraries and archives. This update also discusses the rights of the owner of copyright in any work, sound recording or film.

Key Legislation: Copyright Amendment (Service Providers) Act 2018 (Cth); Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth); Copyright Act 1968 (Cth).

Update 348 currently scheduled updates (subject to change):

  • Aboriginals and Torres Strait Islander Peoples 1.1 "Constitutional Status"

  • Bankruptcy 3.3 "Voluntary Bankruptcy"

  • Bankruptcy 3.15 "Compositions or Schemes after Commencement of Bankruptcy"

  • Bankruptcy 3.17 "Offences" 

  • Finance, Banking and Securities 18.8 "Loans and Project Finance"

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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