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The Laws of Australia Update 364

Content updates

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

Civil Procedure 5.10 “Limitation of Actions”; Criminal Sentencing 12.1 “Purposes of Sentencing”; Environment and Natural Resources 14.7 “Biodiversity” Chs 1–3; Health and Guardianship 20.1 “Health Rights and Responsibilities”; Health and Guardianship 20.7 “Confidentiality and Health Information Privacy”; Real Property 28.13 “Easements”; Sport and Leisure 32.2 “Disciplinary Tribunals and Administrative Procedures” 

Civil Procedure 5.10 “Limitation of Actions”
Updated by Professor Peter R Handford, Emeritus Professor, Law School, University of Western Australia

This Subtitle deals with the major limitation periods and the general rules applying to them which are to be found in the Limitation Acts. This update discusses the limitation periods for actions for child abuse and personal injury. Also addressed is the New South Wales Department of Justice’s review of the Defamation Act 2005 (NSW) and its recommendations. 

Key Cases: WCB v Roman Catholic Trusts Corporation for the Diocese of Sale (No 2) [2020] VSC 639; Dewar v Ollier [2020] WASCA 25; Todd Hadley Pty Ltd v Lake Maintenance (NSW) Pty Ltd
(No 2)
[2020] NSWCA 81; Chamberlain v Registrar-General of NSW [2020] NSWSC 923; Lewicki v Hunter New England Local Health District [2020] NSWSC 1037; Brisbane City Council v Amos (2019) 266 CLR 593; [2019] HCA 27.
Key Legislation: Defamation Amendment Act 2020 (NSW); Defamation Act 2005 (NSW); Motor Accident Injuries Act 2019 (ACT); Competition and Consumer Act 2010 (Cth).

Criminal Sentencing 12.1 “Purposes of Sentencing”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle addresses the sentencing principles articulated by the legislation and the courts. This update discusses how statutory sentencing guidelines use language suggestive of the principle of proportionality, specifically in the Sentencing Act 2017 (SA), as well as general deterrence in the list of matters to be considered in sentencing.

Key Cases: Director of Public Prosecutions (Vic) v Dalgliesh (Pseudonym) (2017) 262 CLR 428; 91 ALJR 1063; [2017] HCA 41.
Key Legislation: Sentencing Act 2017 (SA); High Risk Serious Offenders Act 2020 (WA).

Environment and Natural Resources 14.7 “Biodiversity” Chs 1–3
Updated by Kirsten Miller, Senior Legal Officer, Legal Division, Commonwealth Department of Agriculture, Water and the Environment

This Subtitle deals with legal concepts and regulatory regimes that attempt to protect Australia’s biodiversity across all environments through the creation of protected areas and threatened species legislation. This update discusses the necessary management plans to be prepared in relation to national parks, conservation parks and reserves. It also features discussion of “protected zones”, created under the Underwater Cultural Heritage Act 2018 (Cth), for areas containing protected underwater cultural heritage. The objectives of the New South Wales Marine Estate Management Authority are also discussed. The update also makes reference to Australia’s Strategy for Nature 2019–2030, which is the framework for all national, State and Territory and local legislation, policies and actions that target nature.

Key Legislation: Underwater Cultural Heritage Act 2018 (Cth); Nature Conservation Act 2014 (ACT); Marine Estate Management Act 2014 (NSW).

Health and Guardianship 20.1 “Health Rights and Responsibilities”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle examines the concepts of rights and responsibilities in the context of the relationship between health consumer and health care professional/institution. This update discusses the Good Medical Practice: A Code of Conduct for Doctors in Australia, the 2016 update of the Australian Medical Association’s Code of Ethics, the Australian Charter of Health Care Rights, as well as the 2020–2025 National Health Reform Agreement.

Key Legislation: Health Services Act 2016 (WA).  

Health and Guardianship 20.7 “Confidentiality and Health Information Privacy”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle is concerned with the protection of health information within and beyond the health care system. This update discusses the protection of information collected by the COVIDSafe app, which was developed for contact tracing due to the COVID-19 pandemic. Also featured is discussion on the development of the My Health Record system.

Key Legislation: Healthcare Identifiers Regulations 2020 (Cth); Guardianship and Administration Act 2019 (Vic); Children and Young People (Safety) Act 2017 (SA); Privacy Act 1988 (Cth).

Real Property 28.13 “Easements”
Updated by Dr W Rupert Johnson, Senior Lecturer, School of Law and Business, Faculty of Arts, Sciences, Law and Business, The University of Notre Dame Australia (Fremantle Campus) and Dr John Mugambwa, Formerly Adjunct Professor, School of Law, Murdoch University

This Subtitle examines the nature and creation of easements, their protection and extinguishment and the application of the general law land and the Torrens system. Studholme v Rawson [2020] NSWCA 76 is discussed in this update, in relation to the process involved in being granted an easement, as well as cost information. Also featured is commentary regarding community titles legislation, which provides for the division of land into lots and common property, and the enforceability of unregistered easements.

Key Cases: Sidoti v Hardy [2021] NSWCA 105; Studholme v Rawson [2020] NSWCA 76; Arcidiacono v Owners of Strata Plan No 17719 [2020] NSWCA 269; Clough v Breen [2020] NSWSC 653; Aussie Skips Recycling Pty Ltd v Strathfield Municipal Council [2020] NSWLEC 22.
Key Legislation: Strata Schemes Development Act 2015 (NSW); Community Titles Act 2018 (WA).

Sport and Leisure 32.2 “Disciplinary Tribunals and Administrative Procedures”
Updated by Craig Dickson, PhD Candidate, University of Melbourne

This Subtitle deals with the intervention of the courts in the proceedings of disciplinary tribunals and administrative procedures that are relevant to a sporting body. This update discusses the newly established Victorian Racing Tribunal, as well as the definition of an “unincorporated association”.

Key Legislation: Greyhound Racing Act 2017 (NSW).

Update 365 currently scheduled updates (subject to change):

  • Contract: General Principles 7.4 “Terms”

  • Criminal Law Principles 9.2 “Ancillary Liability”

  • Dispute Resolution 13.4 “Case Management”

  • Family Law 17.18 “Injunctions”

  • Government 19.1 “Constitutional Law”

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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