Subtitle 4.8 “Non-corporate Organisations”

Updated by Craig A Rogers, Solicitor, Supreme Court of Queensland, High Court of Australia.

Partner, King & Wood Mallesons

The updated “Joint Ventures” Chapter considers the features, history, and purposes of joint ventures (eg how they differ to partnerships). This is followed by a discussion of many aspects of joint ventures law, including: participants’ liability and fiduciary obligations; assignment of participants’ interests; and default remedies. There is reference to pivotal and recent case law, including: Codelfa Construction Pty Ltd v State Rail Authority (NSW) (Codelfa Case/Eastern Suburbs Railway Case) (1982) 149 CLR 337; 56 ALJR 459 (terms of contracts between participants) and Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2013] FCAFC 29 (managerial liability). The Competition and Consumer Act 2010 (Cth) is considered (eg re assignment restrictions). A set of new paragraphs examine in detail the operation of the Personal Property Securities Act 2009 (Cth) in relation to security interests over personal property in joint ventures. There has been a “conceptual shift” in how security interests are determined – focussing on “commercial and economic effect” not “strict legal form”. Thus cross-charges are security interests, as they confer an interest in personal property to secure payment or performance by a joint venture participant.

Subtitle 11.10 “Jurisdictional Enforcement”

Updated by Professor Ned Aughterson, Head of School of Law, Charles Darwin University

This Subtitle explores international extradition procedures and the interstate execution of warrants in Australia between the Australian States andTerritories. Relevant provisions of the Extradition Act 1988 (Cth) are examined throughout, especially as they apply to the interstate execution of warrants.

Subtitle 15.11 “Taking Accounts”

Updated by David Wright, Solicitor, Supreme Court of New South Wales, Barrister and Solicitor, Supreme Court of South Australia and High Court of Australia, Senior Lecturer, School of Law, University of Adelaide

This Subtitle covers the law relating to taking accounts, canvassing the availability of the remedy, the general principles of account of profits, procedure for taking account and calculation of profit. This update includes references and commentary from recent notable developments in the case law, including Southern Equity Pty Ltd v Timevale Pty Ltd [2012] NSWSC 15, which suggested a more expansive approach to the availability of an account in equity in aid of a common law right.

Subtitle 15.12 “Delivery Up, Cancellation and Rectification”

Updated by David Wright, Solicitor, Supreme Court of New South Wales, Barrister and Solicitor, Supreme Court of South Australia and High Court of Australia, Senior Lecturer, School of Law, University of Adelaide

This Subtitle sets out a collection of equitable principles which apply to obtaining orders for delivery up, cancellation and rectification. These include the circumstances in which the remedy will be granted, the attachment of terms to the order and a discussion of the difference between the remedy in equity and under legislation. Detailed commentary is provided on the relevant case law, in particular Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; 4 BFRA 351; [2009] NSWCA 407 and Muriti v Prendergast [2005] NSWSC 281.

Subtitle 28.11 “Strata and Group Titles” Chs 4-6

Updated by Adjunct Associate Professor Anthony Moore, School of Law, Flinders University

This, the second of three instalment updates to this Subtitle, covers the law in respect of body corporates, property management, and the rights and obligations of unit/lot owners.

March 2014 planned updates (Subtitles are subject to change):

•     Bankruptcy 3.1 “Preliminaries”
•     Bankruptcy 3.2 “Bankruptcy Administration”
•     Civil Procedure 5.3 “Discovery and Interrogatories” Chs 7-11
•     Equity 15.13 “Trusts” Chs 1-3
•     Equity 15.14 “Trustees” Chs 1-3
•     Labour Law 26.3 “Australian Industrial Relations System” Chs 1-3
•     Real Property 28.11 “Strata and Group Titles” Chs 7-9
•     Restitution 29.1 “Restitution” Chs 1-5