The Laws of Australia Update 365
Contract: General Principles 7.4 “Terms”
Updated by Amanda Carruthers, Barrister, Victorian Bar
This Subtitle deals with the terms which state the promises that parties to a contract have made to each other. This update includes discussion of the application of Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; 56 ALJR 459 in cases such as Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; 89 ALJR 990;  HCA 37 and Victoria v Tatts Group Ltd (2016) 90 ALJR 392;  HCA 5.
Key Cases: Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; 91 ALJR 486;  HCA 12; Commonwealth Bank of Australia v Barker (2014) 23 CLR 169; 88 ALJR 814;  HCA 32; Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; 89 ALJR 990;  HCA 37; Victoria v Tatts Group Ltd (2016) 90 ALJR 392;  HCA 5; Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; 56 ALJR 459.
Key Legislation: Competition and Consumer Act 2010 (Cth).
Criminal Law Principles 9.2 “Ancillary Liability”
Updated by William Prizeman, Barrister, Legal Aid Queensland
The general principles and rules governing ancillary liability are the focus of this Subtitle. This update discusses the Crimes Act 1958 (Vic) and its abolition of the law of complicity at common law in relation to aiding, abetting, counselling or procuring. Pickett v Western Australia (2020) 94 ALJR 629;  HCA 20 is discussed in detail; where it was argued that the defendant should not be found guilty of murder in circumstances where the deceased may have been killed by a child who was not criminally responsible for the killing due to a lack of capacity.
Key Cases: Pickett v Western Australia (2020) 94 ALJR 629;  HCA 20; R v Holliday (2017) 260 CLR 650; 91 ALJR 874;  HCA 35; R v Holliday (2017) 260 CLR 650; 91 ALJR 874;  HCA 35.
Key Legislation: Criminal Code 2002 (ACT).
Dispute Resolution 13.4 “Case Management”
Updated by William Prizeman, Barrister, Legal Aid Queensland
This Subtitle deals with the various case management processes used in different courts in Australia. This update discusses the Trial Division of the Supreme Court of Victoria, which consists of the Commercial Court and the Common Law Division, with each division containing specialist lists. The case management rules required in South Australia and Western Australia are also addressed.
Key Legislation: Uniform Civil Rules 2020 (SA); County Court Civil Procedure Rules 2018 (Vic).
Family Law 17.18 “Injunctions”
Updated by Kate M Boileau, Barrister, Brisbane Chambers
This Subtitle discusses and distinguishes between independent and ancillary injunctions for the purposes of the Family Law Act 1975 (Cth). This update discusses injunctions in relation to protecting persons from domestic and family violence, as well as the drafting of laws permitting the merger of both the Federal Circuit and Family Court of Australia, ultimately forming the Federal Circuit and Family Court of Australia.
Key Legislation: Family Law Act 1975 (Cth); Federal Circuit and Family Court of Australia Bill 2019 (Cth); Domestic and Family Violence Protection Act 2012 (Qld).
Government 19.1 “Constitutional Law”
Updated by Paul Theodore Babie, Adelaide Law School Professor of the Theory and Law of Property, The University of Adelaide
This Subtitle provides an introduction to the foundations of the constitutional system and to the fundamental principles of Australian constitutional law. This update discusses Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; 71 ALJR 818, where the High Court laid down the test for determining whether a law infringed constitutional freedom, as well as how it was subsequently modified by the addition of a proportionality test.
Key Cases: Love v Commonwealth (2020) 94 ALJR 198;  HCA 3; R (on the application of Miller) v Secretary of State for Exiting the European Union  AC 61;  2 WLR 583;  UKSC 5; Re Gallagher (2018) 263 CLR 460; 92 ALJR 502;  HCA 17; McCloy v New South Wales (2015) 257 CLR 178; 89 ALJR 857;  HCA 34; Brown v Tasmania (2017) 261 CLR 328; 91 ALJR 1089;  HCA 43; Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; 71 ALJR 818.
Intellectual Property 23.2 “Designs”
Updated by Gavin Adkins, Principal, Griffith Hack Lawyers
This Subtitle reviews the various requirements which must be met before a design may be published or registered. This update discusses the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Cth), introduced into the House of Representatives on 4 February 2021, which specifies formal requirements for design applications. Also featured is commentary on copyright protection and corresponding design.
Key Cases: GM Global Technology Operations LLC v SSS Auto Parts Pty Ltd (2019) 139 IPR 199;  FCA 97.
Key Legislation: Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Cth); Design Act 2003 (Cth).
Labour Law 26.2 “Discrimination”
Updated by Louise Martin, Barrister, Victorian Bar
This Subtitle considers the operation of anti-discrimination laws as they apply to the work context, encompassing the employment relationship and related activities. This update discusses the 2018 Sexual Harassment National Telephone Survey which was conducted by the Sex Discrimination Commissioner, as well as the #MeToo movement. Also discussed is New South Wales v Amery (2006) 230 CLR 174; 80 ALJR 753;  HCA 14, where female casual teachers brought an indirect discrimination claim regarding their employment, and Richardson v Oracle Corp Australia Pty Ltd (2014) 223 FCR 334; 244 IR 277;  FCAFC 82, which involved sexual harassment.
Key Cases: Richardson v Oracle Corp Australia Pty Ltd (2014) 223 FCR 334; 244 IR 277;  FCAFC 82; Slattery v Manningham City Council  VCAT 1869; New South Wales v Amery (2006) 230 CLR 174; 80 ALJR 753;  HCA 14.
Key Legislation: Australian Human Rights Commission Regulations 2019 (Cth).
Sport and Leisure 32.3 “Dispute Resolution”
Updated by Craig Dickson, PhD Candidate, University of Melbourne
This Subtitle examines various issues with respect to dispute resolution in sport. This update discusses the establishment of the National Sports Tribunal, a body which facilitates the determination of sports disputes, as well as Sport Integrity Australia, which is Australia’s National Anti-Doping Organisation. Also addressed is the power that sporting tribunals have to regulate the conduct of players and officials outside the sporting arena.
Key Cases: De Belin v Australian Rugby League Commission Ltd  FCA 688.
Key Legislation: Sport Integrity Australia Act 2020 (Cth); National Sports Tribunal Act 2019 (Cth).
Update 366 currently scheduled updates (subject to change):
Aboriginal and Torres Strait Islander Peoples 1.3 “Land Law”
Business Organisations 4.1 “Company Formation”
Criminal Procedure 11.5 “Committal Proceedings”
Environment and Natural Resources 14.2 “Planning: Central and Regional”