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The Laws of Australia Update 353

Content updates

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

Civil Procedure 5.4 “Parties and Joinder”; Family Law 17.14 “Alteration of Property Interests”; Intellectual Property 23.8 “Trade Marks”; Real Property 28.3 “Torrens System – Indefeasibility and Priorities”; Transport 34.4 “Admiralty” 

Civil Procedure 5.4 “Parties and Joinder”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle deals principally with the rules of court governing joinder of parties as well as the special rules regarding partners. This update discusses class action proceedings in New South Wales under Pt 10 of the Civil Procedure Act 2005 (NSW), as well as the circumstances where a South Australian court may add a person who should have been joined as a party.

Key Cases: National Australia Bank Ltd v Pathway Investments (2012) 265 FLR 247; [2012] VSCA 168.
Key Legislation: Federal Court Rules 2011 (Cth); Business Names Registration Act 2011 (Cth); Civil Procedure Act 2005 (NSW); Supreme Court Civil Rules 2006 (SA); Supreme Court (General Civil Procedure) Rules 2015 (Vic).

Family Law 17.14 “Alteration of Property Interests”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle examines the principles for the exercise of the court’s discretion under s 79 of the Family Law Act 1975 (Cth) to make orders altering the parties’ property interests. This update includes discussion of the granting of injunctions with respect to property, as well as assessing contributions each party made in a relationship. Also discussed is how a history of domestic violence in a marriage may lead the court to conclude that the contributions of the parties have been unequal.

Key Cases: Gallego v Mackweth [2018] FamCA 787; Walliams v Mandrill [2018] FamCA 456; Chancellor v McCoy [2016] FamCAFC 256; Fields v Smith [2015] FamCAFC 57; Stanford v Stanford (2012) 247 CLR 108; 87 ALJR 74; [2012] HCA 52.
Key Legislation: Family Law Act 1975 (Cth).

Intellectual Property 23.8 “Trade Marks”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle deals with the requirements for obtaining and maintaining trade mark registration, the rights and obligations of registered owners and authorised users, the circumstances in and means by which those rights can be enforced, and the manner in which those rights can be exploited commercially. This update discusses where the registration of a trade mark may be opposed under s 59 of the Trade Marks Act 1995 (Cth), for example if the applicant does not intend to use the trade mark, authorise its use or assign it to a body corporate for use by that body corporate.

Key Cases: National Roads and Motorists’ Association Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1491; Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 720.
Key Legislation: Trade Marks Act 1995 (Cth).

Real Property 28.3 “Torrens System – Indefeasibility and Priorities”
Updated by Paul Theodore Babie, Adelaide Law School Professor of the Theory and Law of Property, The University of Adelaide

This Subtitle deals with the concept of indefeasibility of title for registered interests and the priorities between unregistered interests in Torrens System land. This update features discussion on the Registrar’s power to correct errors and to insert entries where they have been omitted from the Register. Also featured is discussion on registration of land being acquired through fraudulent means.

Key Cases: Registrar-General (NSW) v Jea Holdings (Aust) Pty Ltd (2015) 88 NSWLR 321; 2 LT(A)R 494; [2015] NSWCA 74; McFarland v Gertos (2018) 98 NSWLR 954; [2018] NSWSC 1629; Marina Blue Pty Ltd v Gear (No 2) [2018] NSWSC 1442; Wonson v New South Wales [2018] NSWSC 1144; Cassegrain v Gerard Cassegrain & Co Pty Ltd (2015) 254 CLR 425; 89 ALJR 312; [2015] HCA 2.

Transport 34.4 “Admiralty”
Updated by Dr Stephen Tully, Barrister, Supreme Court of New South Wales

This Subtitle provides a commentary on Australian law relating to all aspects of admiralty jurisdiction. This update features commentary on claims relating to possession of a ship by a third party, as discussed in Wilmington Trust Co v “Houston” [2016] FCA 1349.

Key Cases: Wilmington Trust Co v “Houston” [2016] FCA 1349; CMA CGM SA v Ship Chou Shan [2014] FCA 74.
Key Legislation: Navigation Act 2012 (Cth); Admiralty Act 1988 (Cth).

Update 354 currently scheduled updates (subject to change):

  • Aboriginal and Torres Strait Islander Peoples 1.7 “International Law”
  • Family Law 17.3 "Marriage and Nullity"
  • Family Law 17.6 "Status of Children and Parental Rights and Responsibilities"
  • Family Law 17.12 "Maintenance in Marital and De Facto Relationships"
  • Family Law 17.17 "Property and Financial Adjustment in De Facto and Domestic Relationships"
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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