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The Laws of Australia Update 358

Content updates

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

Bankruptcy 3.10 “Investigations”; Civil Procedure 5.9 “Appeals”; Communications 6.2 “Criminal Defamation”; Communications 6.7 “Radiocommunications”; Criminal Procedure 11.11 “Confiscation of Proceeds of Crime”; Finance, Banking and Securities 18.7 “Derivatives”; Revenue Law 31.1 “Employment Remuneration and Superannuation”

Bankruptcy 3.10 “Investigations”
Updated by Steven M Foale, Principal, Maurice Blackburn Lawyers  

This Subtitle considers the nature and scope of investigations carried out by a trustee in bankruptcy into the property and affairs of a bankrupt. This update discusses the procedure afforded by s 77A of the Bankruptcy Act 1966 (Cth) for the trustee of a bankrupt estate to obtain information for the purpose of litigation. The circumstances where a warrant is issued in order to search for and seize property or books in relation to a bankrupt is also addressed.

Key Cases: Re Last Lap Pty Ltd (in liq) (No 2) [2020] FCA 735; Fiore v Roufeil [2019] FCA 1774.
Key Legislation: Bankruptcy Act 1966 (Cth).

Civil Procedure 5.9 “Appeals”
Updated by David O’Brien, Partner, MinterEllison

This Subtitle deals with civil appeals in the hierarchy of Australian superior courts of general jurisdiction. This update features commentary in relation to when an appellant is to provide a respondent with security for the respondent’s costs of an appeal. 

Key Cases: Pell v The Queen (2020) 94 ALJR 394; [2020] HCA 12; Commonwealth v Helicopter Resources Pty Ltd [2020] HCA 16.
Key Legislation: Supreme Court (General Civil Procedure) Rules 2015 (Vic).

Communications 6.2 “Criminal Defamation”
Updated by Kate M Boileau, Barrister, Brisbane Chambers

This Subtitle examines the law of criminal defamation. This update discusses the statutory requirement that an offender possessed the requisite intent to make out the offence of criminal defamation.

Key Cases: Waterhouse v Gilmore (1988) 12 NSWLR 270.
Key Legislation: Wrongs Act 1958 (Vic).

Communications 6.7 “Radiocommunications”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle discusses radiocommunications law, which regulates the allocation of portions of the radiofrequency bands of the electromagnetic spectrum and prescribes the kinds of devices, manner of operation, and persons who may operate devices associated with the generation of radiofrequency emissions. This update features commentary on the Australian Communications and Media Authority, which is empowered to determine the types of apparatus licences that it may issue, as well as the process involved when an individual wishes to apply for such a licence.

Key Legislation: Radiocommunications Act 1992 (Cth).

Criminal Procedure 11.11 “Confiscation of Proceeds of Crime”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle deals with various forms of confiscation orders, some ancillary orders and related legislation. This update includes commentary on s 89G of the Criminal Proceeds Confiscation Act 2002 (Qld), where the Supreme Court can make an unexplained wealth order, as well as the Victorian provisions in the Confiscation Act 1997 (Vic).

Key Legislation: Criminal Proceeds Confiscation Act 2002 (Qld); Confiscation Act 1997 (Vic).

Finance, Banking and Securities 18.7 “Derivatives”
Updated by Gregory Keith Burton SC, Barrister, Wentworth Chambers and Dale Rayner, Partner, King & Wood Mallesons

This Subtitle examines various forms of derivative instruments. This update discusses the Australian Securities Exchange, including its history and creation, as well as the statutory obligations of licensees. The update also discusses the proposal of the Australian Securities and Investments Commission to ban the issue and distribution of over-the-counter binary options to retail clients.

Key Cases: Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023; Keynes v Rural Directions Pty Ltd (2010) 186 FCR 281; [2010] FCAFC 100.
Key Legislation: Corporations Act 2001 (Cth).

Revenue Law 31.1 “Employment Remuneration and Superannuation”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle addresses employment remuneration and superannuation. This update features commentary on the Superannuation Guarantee (SG) system, where all employers are required to provide a minimum level of superannuation support to employees, as well as discussion on taxation concessions for superannuation benefits.

Key Legislation: Income Tax Assessment Act 1997 (Cth).

Update 359 currently scheduled updates (subject to change):

  • Criminal Procedure 11.2 “Investigation by Independent Agencies”
  • Family Law 17.2 “Professional Ethics”
  • Finance, Banking and Securities 18.9 “Securities”
  • Health and Guardianship 20.9 “Guardianship and Administration or Management of Property"
  • Intellectual Property 23.7 “Passing Off and Related Actions”
  • International Trade 24.1 “Customs and Excise”
  • Revenue Law 31.9 “Companies and Shareholders”
  • Sport and Leisure 32.1 “Sporting Structures and Event Management”
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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