The Laws of Australia Updates January 2015
The following Subtitles were updated in January 2015 and are now available on Westlaw AU:
Civil Procedure 5.6 “Interlocutory Proceedings and Preservation of Property”
Updated by Michael Denahy, Solicitor, Supreme Court of New South Wales
The introduction of the Civil Proceedings Act 2011 (Qld) repealed the old position of “master” as contained in the Supreme Court Act 1995 (Qld). It is not proposed that future appointments to the position of “master” will be made, and contested interlocutory and other applications are instead to be determined by a judge.
Health and Guardianship 20.2 Ch 4 “Regulation of Health Care Professionals”
Updated by Jennifer O’Grady, Associate, TressCox Lawyers; and Katharine Philp, Partner, TressCox Lawyers
Part 8 of the National Law (as found in Health Practitioner Regulation National Law Act 2009 (Qld) and modified by certain jurisdictional Acts) regulates the process for complaints in relation to registered health practitioners and students. This chapter examines the grounds upon which a complaint may be made, and the action that may be taken in relation to that complaint.
Real Property 28.7 “Landlord and Tenant”
Updated by Denise McGill, Former Senior Lecturer, Faculty of Law, Queensland University of Technology
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 held that the measure of damages for breach of covenant in a lease is that amount necessary to place the innocent party in the position they would have been in, had it not been for the breach. In Asian Pacific Building Corp Pty Ltd v Sharon-Lee Holdings Pty Ltd [2013] VSC 11, Garde J held that, although distress for rent has been abolished in statute, a covenant in a lease may grant a lien over the tenant’s goods on termination, if the tenant has breached their obligations under the lease.
Transport Subtitle 34.2 “Aviation” Chapters 11-12
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research
Price-fixing arrangements between competitors in the airline industry are unenforceable and may be prohibited by the Competition and Consumer Act 2010 (Cth).
February 2015 currently scheduled updates:
- Civil Procedure 5.1 “Initiating Process, Service and Appearance”
- Finance, Banking and Securities 18.10 “Consumer Finance”
- Government 19.3 “Executive”
- Human Rights 21.3 “Machinery”
- Revenue Law 31.3 “Income from Property”
- Transport 34.2 “Aviation” Ch 13
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