The Laws of Australia Update 368
Communications 6.1 “Civil Defamation”
Updated by Kate M Boileau, Barrister, Brisbane Chambers
This Subtitle outlines the civil law of defamation. This update discusses the impact of the publication of defamatory material on websites, Facebook, Instagram, Twitter and LinkedIn, as well as proposed revisions to the Model Defamation Amendment Provisions 2020.
Key Cases: Nationwide News Pty Ltd v Rush  FCAFC 115; Comcare v Banerji (2019) 267 CLR 373;  HCA 23.
Contracts: Specific 8.8 “Government Contracts”
Updated by Dr Nicholas Seddon, Honorary Professor, Australian National University College of Law
This Subtitle deals with areas of the law which specifically affect government commercial dealings. This update features extensive discussion on derivative immunity, which was addressed in Australian Competition and Consumer Commission v Australian Egg Corp Ltd (2016) 337 ALR 573;  FCA 69 and Construction Industry Training Board v Transfield Services (Australia) Pty Ltd (2017) 128 SASR 475;  SASCFC 103. Access to information in connection with government contracts is also discussed.
Key Cases: Northern Land Council v Quall  HCA 33; Searle v Commonwealth (2019) 100 NSWLR 55;  NSWCA 127; Construction Industry Training Board v Transfield Services (Australia) Pty Ltd (2017) 128 SASR 475;  SASCFC 103; Australian Competition and Consumer Commission v Australian Egg Corp Ltd (2016) 337 ALR 573;  FCA 69.
Key Legislation: Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2020 (WA); Government Procurement (Judicial Review) Act 2018 (Cth).
Criminal Procedure 11.1 “Criminal Investigation”
Updated by Professor Mirko Bagaric, Dean, School of Law, Swinburne University of Technology
The general principles and rules governing the powers of police and other investigators are the focus of this Subtitle. This update discusses the circumstances in which a person in command of an aircraft can authorise a search if it is suspected that an offence has been committed.
Key Legislation: Criminal Code (Qld); Corrections Regulations 2019 (Vic).
Environment and Natural Resources 14.3 “Local Planning Schemes and Compensation”
Updated by Joseph Claude Veneziano, Associate Editor, Local Government and Environmental Reports of Australia
This Subtitle encompasses the administration of local planning schemes in the different States and Territories. This update discusses the availability of compensation for an owner of land injuriously affected by the making or amendment of a planning scheme. The implementation of the Planning, Development and Infrastructure Act 2016 (SA) is also discussed.
Key Legislation: Planning, Development and Infrastructure Act 2016 (SA); Environment Protection Act 2019 (NT); Environment Protection Regulations 2020 (NT).
Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 12
Updated by Grant Kepler, Wayne Lonergan and Julie Planinic, Directors, Lonergan Edwards & Associates Limited
This Subtitle discusses valuation, tax and revenue issues that arise in family law matters. Chapter 12, the focus of this update, discusses capital gains tax and other realisation costs. Harris v Dewell (2018) 58 Fam LR 313;  FamCAFC 94 is considered in detail; whether the trial judge had failed to allow the husband sufficient time to adduce evidence as to any potential capital gains tax liability.
Key Cases: Harris v Dewell (2018) 58 Fam LR 313;  FamCAFC 94; Ali v Ali  FamCA 1012; Adami v Adami  FamCA 356.
Key Legislation: Income Tax Assessment Act 1936 (Cth).
Professional Liability 27.7 “Architects and Engineers”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers
This Subtitle focuses on the liability of architects and engineers in contract and in tort. This update discusses compensation available for breach of contract, specifically in relation to building contracts.
Key Cases: Archibald v Powlett (2017) 53 VR 645;  VSCA 259.
Key Legislation: Building Act 2016 (Tas).
Update 369 currently scheduled updates (subject to change):
- Bankruptcy 3.1 “Preliminaries”
- Contract: General Principles 7.9 “Remedies”
- Dispute Resolution 13.6 “Dispute Systems Design”
- Real Property 28.14 “Restrictive Covenants”