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The Laws of Australia Update 357

Content updates

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

Business Organisations 4.3 “Company Finance”; Business Organisations 4.7 “Company Winding Up”; Contract: General Principles 7.7 “Defences”; Environment and Natural Resources 14.11 “Fisheries” 

Business Organisations 4.3 “Company Finance”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle describes the relationships between a company and the persons who finance it. This update features commentary on equity crowdfunding, which is regulated by the Corporations Act 2001 (Cth). The registration of securities, which is governed by the Personal Property Securities Act 2009 (Cth), is also discussed.

Key Cases: Re Healthscope Ltd [2019] FCA 542; Connective Services Pty Ltd v Slea Pty Ltd (2019) 93 ALJR 1079; [2019] HCA 33.
Key Legislation: Corporations Act 2001 (Cth); Personal Property Securities Act 2009 (Cth).

Business Organisations 4.7 “Company Winding Up”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle details the provisions of the Corporations Act 2001 (Cth) regulating all the major aspects of winding up a company. This update features commentary on the remuneration for a liquidator, as well as the court’s powers to make a wide range of orders in relation to a liquidator and the liquidator’s conduct.

Key Cases: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807; [2019] HCA 20.
Key Legislation: Corporations Act 2001 (Cth).

Contract: General Principles 7.7 “Defences”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle is concerned with matters of defence. This update discusses jurisdictions where two or more provisions of the limitations legislation prescribe different limitation periods, and that an action is not maintainable if brought after the expiration of the shorter, or shortest, period.

Key Cases: Brisbane City Council v Amos (2019) 93 ALJR 977; [2019] HCA 27.
Key Legislation: Limitation Act 1985 (ACT); Limitation Act 1969 (NSW); Limitation Act 1981 (NT).

Environment and Natural Resources 14.11 “Fisheries”
Updated by Edmund Lee, Barrister, Supreme Court of New South Wales and High Court of Australia and Vanessa Field, Solicitor, Supreme Court of New South Wales

This Subtitle examines the rules of international law relevant to fisheries management in Australia. This update discusses the management of “fisheries” and the regulation of “fishing”, which are interpreted by reference to the definition of “fish”. Also discussed is the Fisheries Authority, which was established under the Victorian Fisheries Authority Act 2016 (Vic), as well in-depth commentary on the Aquatic Resources Management Act 2016 (WA).

Key Cases: Lavender v Director of Fisheries Compliance, Department of Industry Skills and Regional Development (2018) 336 FLR 37; [2018] NSWCA 174; Dudley v Department of Primary Industries and Regions South Australia (2018) 231 LGERA 13; [2018] SASCFC 23.
Key Legislation: Victorian Fisheries Authority Act 2016 (Vic); Aquatic Resources Management Act 2016 (WA).

Update 358 currently scheduled updates (subject to change):

  • Civil Procedure 5.9 “Appeals”
  • Communications 6.2 “Criminal Defamation”
  • Communications 6.7 “Radiocommunications”
  • Criminal Procedure 11.11 “Confiscation of Proceeds of Crime”
  • Revenue Law 31.1 “Employment Remuneration and Superannuation”
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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