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The Laws of Australia Update 351

Content updates

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

Bankruptcy 3.7 "Trustee in Bankruptcy"; Business Organisations 4.4 “Receivers and Managers”; Intellectual Property 23.1 “Copyright” (Ch 10); Unfair Dealing 35.1 “Misleading or Deceptive Conduct”  

Bankruptcy 3.7 “Trustee in Bankruptcy”
Updated by Michael Murray, Principal, Murrays Legal

This Subtitle examines the functions, powers, duties and liabilities of a trustee in bankruptcy. This update discusses the powers of the Inspector-General in Bankruptcy, for example taking disciplinary action against a registered trustee in bankruptcy by suspending or cancelling a trustee’s registration. Also discussed is the responsibilities of trustees, for example keeping proper books to give a complete and correct record of the administration of an estate.

Key Cases: Re 1st Fleet Pty Ltd (in liq) [2019] NSWSC 6; Westpac Banking Corp v Queensland [2019] FCA 1433; Pekar v Holden (Trustee) (No 2) [2019] FCA 1212.
Key Legislation: Insolvency Law Reform Act 2016 (Cth); Insolvency Practice Schedule (Bankruptcy); Bankruptcy (Fees and Remuneration) Determination 2015 (Cth); Bankruptcy Act 1966 (Cth).

Business Organisations 4.4 “Receivers and Managers”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle discusses the terms and the effect of the appointment of a receiver or of a receiver and manager to a company’s property, including the powers, duties and liabilities of the receiver. This update features commentary on the formalities and timing required in relation to the appointment of a receiver, as well as the supervision of receivers. Also discussed is the duty of a controller/receiver in exercising the power of sale.

Key Cases: Re Arcabi Pty Ltd (in liq); Ex parte Theobald (2014) 288 FLR 236; [2014] WASC 310.
Key Legislation: Corporations Act 2001 (Cth).

Intellectual Property 23.1 “Copyright” Ch 10
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 largely relates to changes to the statutory licence schemes for educational institutions, persons with a disability and libraries and archives as brought about by the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth) and the introduction of the Copyright Regulations 2017 (Cth).

Key Cases: Re Copyright Agency Ltd [2018] ACopyT 3; Re Phonographic Performance Co of Australia Ltd (No 2) (2017) 125 IPR 420; [2017] ACopyT 1; Re Phonographic Performance Co of Australia Ltd (No 3) [2017] ACopyT 2; Re Phonographic Performance Co of Australia Ltd (2016) 125 IPR 1; [2016] ACopyT 3.
Key Legislation: Copyright Act 1968 (Cth); Copyright Amendment (Disability Access and Other Measures) Act 2017 (Cth); Copyright Regulations 2017 (Cth).

Unfair Dealing 35.1 “Misleading or Deceptive Conduct”
Updated by Emeritus Professor Philip H Clarke, Emeritus Professor of Law, Deakin University

This Subtitle discusses the prohibition of misleading or deceptive conduct. This extensive update features discussion of s 18 of the Australian Consumer Law, which is the most important prohibition of misleading or deceptive conduct, and also addresses persons subject to liability as well as corporations.

Key Cases: Australian Competition and Consumer Commission v Optus Mobile Pty Ltd [2019] FCA 106; Australian Competition and Consumer Commission v Geowash Pty Ltd (No 3) [2019] FCA 72.
Key Legislation: Competition and Consumer Act 2010 (Cth); Australian Consumer Law; Australian Securities and Investments Commission Act 2001 (Cth).

Update 352 currently scheduled updates (subject to change):

  • Bankruptcy 3.6 “Interim Control by Trustee before Sequestration”
  • Bankruptcy 3.14 “Bankrupt Estates of Deceased Persons”
  • Civil Procedure 5.5 “Summary Dismissal, Settlement and Discontinuance”
  • Criminal Sentencing 12.2 “Relevant Factors”
  • Revenue Law 31.17 “Goods and Services Tax”
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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