Skip to main content

The Laws of Australia Update 359

Content updates

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

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” 

Criminal Procedure 11.2 “Investigation by Independent Agencies”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle explains the essential attributes and functions of a selection of independent investigative agencies. This update discusses the origin and functions of the Australian Criminal Intelligence Commission, which is Australia's national criminal intelligence agency. Also featured is discussion on self-incrimination and the Queensland Crime and Corruption Commission.

Key Cases: NS v Scott [2018] 2 Qd R 397; (2017) 269 A Crim R 284; [2017] QCA 237.
Key Legislation: Crime and Corruption Act 2001 (Qld).

Family Law 17.2 “Professional Ethics”
Updated by Rachell Davey, Partner, Lander & Rogers Lawyers

This Subtitle examines ethics in family law. This update features commentary on instances of conflict of duty, where a lawyer is engaged to act against a former client. This is addressed extensively in Osferatu v Osferatu (2015) 301 FLR 295; [2015] FamCAFC 177.

Key Cases: McKay v Forrest (2018) 336 FLR 172; [2018] FCCA 2287; Osferatu v Osferatu (2015) 301 FLR 295; [2015] FamCAFC 177.
Key Legislation: Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).

Finance, Banking and Securities 18.9 “Securities”
Updated by Dr Oren Bigos QC, Barrister, Victorian Bar and Amanda Carruthers, Barrister, Victorian Bar

This Subtitle deals with the law relating to securities. This update includes discussion of the different types of maritime liens, as well as analysis of the concept of “secured debt” in the context of an unfair preference claim, as discussed in Hussain v CSR Building Products Ltd (2016) 246 FCR 62; [2016] FCA 392. Also discussed is perfection by possession of a security interest, and fixed and floating charges.

Key Cases: Re RCR Tomlinson Ltd (Administrators Appointed) [2020] NSWSC 735; Parbery v QNI Metals Pty Ltd [2020] QSC 143; Hussain v CSR Building Products Ltd (2016) 246 FCR 62; [2016] FCA 392.
Key Legislation: Personal Property Securities Act 2009 (Cth).

Health and Guardianship 20.9 “Guardianship and Administration or Management of Property”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle examines the fundamental principles underlying guardianship and administration or financial management laws in Australia. This update mainly discusses the Northern Territory and Victorian guardianship legislation, which states the powers, functions and duties exercised under that legislation. Also featured is discussion on powers of attorney and the “incapacity” for personal decisions as a person’s inability or “impaired decision-making ability” to look after his or her own health, safety or welfare.

Key Cases: CJ v AKJ (2015) 16 ASTLR 24; [2015] NSWSC 498; P v NSW Trustee and Guardian [2015] NSWSC 579.
Key Legislation: Guardianship of Adults Act 2016 (NT); Advance Care Directives Act 2013 (SA); Guardianship and Administration Act 2019 (Vic); Medical Treatment Planning and Decision Act 2016 (Vic); Powers of Attorney Act 2014 (Vic).

Intellectual Property 23.7 “Passing Off and Related Actions”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle provides an account of the law of passing off and the application of the elements of this tort to the numerous contexts that fall within its ambit. This update focuses on the area of goodwill or business reputation, which may be assigned or licensed. Also featured is commentary on injurious falsehood, which consists of the malicious publication of a false statement about a plaintiff calculated to cause, and actually causing, loss to the plaintiff.

Key Cases: Commonwealth Bank of Australia v Kojic (2016) 249 FCR 421; [2016] FCAFC 186; Beechwood Homes (NSW) Pty Ltd v Camenzuli [2010] NSWSC 521; ConAgra Inc v McCain Foods (Aust) Pty Ltd (1992) 33 FCR 302; 23 IPR 193.  
Key Legislation: Competition and Consumer Act 2010 (Cth).

International Trade 24.1 “Customs and Excise”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle deals with customs and excise law in Australia. This Subtitle features updated commentary on the area of applications for broker’s licences and the seizure of goods without a warrant.

Key Legislation: Customs Regulation 2015 (Cth).

Revenue Law 31.9 “Companies and Shareholders”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle provides an overview of company tax, taxation of shareholders and the dividend imputation system. This update outlines the different tax rates for companies. It also discusses the same business test and the similar business test, which comprise the first and second “limbs” of the business continuity test.

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

Sport and Leisure 32.1 “Sporting Structures and Event Management”
Updated by Craig Dickson, PhD Candidate, University of Melbourne

This Subtitle examines various types of structures available to sporting organisations and examines the legal issues confronting each of the major participants in the management of a sports event. This update discusses the duty of care owed to athletes participating in a sporting event. Also featured is circumstances where courts have been prepared to adjudicate on claims by members and to invalidate decisions made by the committees of incorporated associations, as well as the provisions dealing with the disposition of surplus assets on the winding up of an association.

Key Cases: Bromfield v New South Wales Gun Club [2019] NSWSC 430; Beaumaris Football Club v Hart [2017] VSCA 226.
Key Legislation: Associations Incorporation Act 2015 (WA).

Update 360 currently scheduled updates (subject to change):

  • Communications 6.8 “Broadcasting”
  • Contract: General Principles 7.8 “Discharge”
  • Criminal Offences 10.8 “Companies and Securities Offences”
  • Revenue Law 31.12 “Administration”
  • Transport 34.2 “Aviation”
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.

Speak to a consultant

Can't find an answer to your question?
Contact our support team.

Request training

Contact our team to arrange training.

Tell us what you think

We'd love to hear what you think
of our products and support.