Subtitle 3.12 “Administration of the Estate”

Updated by Dr Ben McEniery, Senior Lecturer, Queensland University of Technology
This Subtitle considers the duties and powers of a trustee in bankruptcy to manage and dispose of the property of a bankrupt that vests in the trustee under the Bankruptcy Act 1966 (Cth). It also deals with the rights of creditors to take part in any distribution of funds by the trustee out of the proceeds of realisation of the bankrupt's assets.

Subtitle 9.3 “Defences and Responsibility”

Updated by Professor Mirko Bagaric, Professor of Law and Dean, School of Law, Deakin University

Updated paragraphs [9.3.1640]­–[9.3.2080] of “Defences and Responsibility” examine that species of exemption from criminal responsibility historically known as “insanity” but today more often called “mental impairment” or “mental illness”. From the 19^th Century “M'Naghten Rules” through to the modern legislative provision for detention, review, and appeal, the Subtitle comprehensively explores the exemption, including: the elements of insanity (eg knowledge of wrongfulness); the evidence rules; and, the duties of courts to raise the issue of an accused’s fitness to plead. Relevant criminal and mental health legislation as well as important case law is examined, including very recent decisions, such as: Ziha v The Queen [2013] NSWCCA 27 (regarding s 23A of the Crimes Act 1900 (NSW) on substantial impairment by abnormality of mind) and Greig v Dziubinski [2013] ACTSC 8 (regarding unfitness to plead on memory loss).

Subtitle 11.4 “Summary proceedings”

Updated by Dr Michael Fitzgerald, Lecturer, Faculty of Law, Monash University

Subtitle 11.4 “Summary Proceedings” addresses the general rules and principles of summary criminal proceedings in Australia, including the initiating process and general procedure. It also looks to the more specific aspects of summary proceedings in criminal law, such as the voir dire process, no case to answer, addresses on fact and law, and costs. This Subtitle has been revised to reflect legislative changes including the passage of the Criminal Procedure Act 2009 (Vic) and landmark decisions including Kirk v Industrial Court of NSW (2010) 239 CLR 531; [2010] HCA 1 and Director of Public Prosecutions v Kypri (2011) 33 VR 157; 207 A Crim R 566; [2011] VSCA 257.

Subtitle 21.11 “Privacy”

Updated by Megan Caristo, Lawyer, Australian Government Solicitor

This update provides important detail of upcoming legislative changes in the law of privacy. Australian Privacy Principles will replace the Information Privacy Principles and the National Privacy Principles in March 2014, impacting broadly on various privacy issues including freedom of information, spent criminal convictions and health. These changes are explained clearly and succinctly, providing an indispensible guide for any practitioner working in the area. It retains details of the current system also, thus ensuring utility now and into the future. Developments in case law are explained, as are the changes that have taken place and will continue with government privacy mechanisms. The new credit reporting provisions relating to personal privacy are also included, providing a comprehensive, up to date and durable update on the law of privacy in Australia.

Subtitle 23.8 “Trade Marks”

Updated by Christopher Sexton, Editor, Intellectual Property Forum

This Subtitle has been updated to take into account amendments to s 41 of the Trade Marks Act 1995 (Cth), which provides that an application for the registration of a trade mark must be rejected “if the trade mark is not capable of distinguishing [an] applicant’s goods or services in respect of which the trade mark is sought to be registered … from the goods or services of other persons”. It also includes updated discussion of registered trade marks as security interests in the context of the Personal Property Securities Act 2009 (Cth), the substantive provisions of which commenced on 30 January 2012

Subtitle 35.4 “Remedies”

Updated by Peter Neustupný, Principal Solicitor, State Revenue Office (Victoria)

This Subtitle has been updated with additional commentary on compensation orders, and pecuniary penalties and other remedies against a contravention of the prohibition of unfair practices. The Subtitle has now been updated throughout to reflect the provisions of the Competition and Consumer Act 2010 (Cth), including the provisions of the Australian Consumer Law which constitutes Sch 2 of the principal Act.