Bankruptcy 3.13 “Termination of Bankruptcy”

Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle deals with the two ways in which the legal status of bankruptcy may be terminated: annulment and discharge. In this update, it is stated that the period of bankruptcy can be extended by eight years if there are grounds of objection (s 149A(2)(a)(i) of the Bankruptcy Act 1966 (Cth)), and also featured is a discussion on orders of annulment.

Key Cases: Heinrich v Commonwealth Bank of Australia [2003] FCAFC 315; Cameron v Cole (1944) 68 CLR 571; 13 ABC 141; Re Williams (1968) 13 FLR 10.

Key Legislation: Federal Court (Bankruptcy) Rules 2016 (Cth); Bankruptcy Act 1966 (Cth).

Criminal Procedure 11.9 “Legal Representation and Legal Aid”

Updated by Kira Levin, Solicitor, EDO NSW

This updated Subtitle is concerned with whether persons have a right to legal representation and the availability of legal aid. It also discusses the implications of the High Court decision of Dietrich v The Queen (1992) 177 CLR 292; 67 ALJR 1; 64 A Crim R 176.

Also examined are: legal aid as a right and its common law treatment; Commonwealth statutory schemes for legal aid; administrative schemes which extend legal aid to criminal proceedings; State and Territory legal aid commissions; public payment of legal costs in criminal appeals and proceedings under Commonwealth legislation; availability of legal aid in criminal proceedings under Commonwealth law; appeals costs fund legislation; and the provision of legal aid by various non-government organisations. As well as exploring long-standing case law and legislation, more recent development such as updated policies and guidelines of various legal aid commissions and the Defence Force Discipline Appeals Regulation 2016 (Cth) are also cited.

Key Case: Dietrich v The Queen (1992) 177 CLR 292; 67 ALJR 1; 64 A Crim R 176.

Key Legislation: Defence Force Discipline Appeals Regulation 2016 (Cth); Federal Proceedings (Costs) Act 1981 (Cth); Judiciary Act 1903 (Cth); Legal Aid Act 1977 (ACT); Legal Aid Commission Act 1979 (NSW); Suitors’ Fund Act 1951 (NSW); Legal Aid Act 1990 (NT); Appeal Costs Fund Act 1973 (Qld); Legal Aid Queensland Act 1997 (Qld); Legal Services Commission Act 1977 (SA); Appeal Costs Fund Act 1968 (Tas); Legal Aid Commission Act 1990 (Tas); Appeal Costs Act 1998 (Vic); Legal Aid Act 1978 (Vic); Legal Aid Commission Act 1976 (WA); Suitors’ Fund Act 1964 (WA).

Government 19.2 “Legislature”

Updated by Justin Carter, Barrister, Queensland Bar

This Subtitle examines the composition, structure and role of the Federal and State Parliaments. This update features Obeid v The Queen (2015) 91 NSWLR 226; [2015] NSWCCA 309, where it was said that the exclusive authority of Houses of Parliament over their internal proceedings (including by way of disciplining its members) does not preclude the jurisdiction of the Supreme Courts to hear and determine the criminal proceedings otherwise within its jurisdiction.

Key Cases: Obeid v The Queen (2015) 91 NSWLR 226; [2015] NSWCCA 309; Re Day (No 2) (2017) 91 ALJR 518; [2017] HCA 14.

Key Legislation: Public Governance, Performance and Accountability Act 2013 (Cth); Parliament of Queensland Act 2001 (Qld); Electoral Act 2002 (Vic).

Unfair Dealing 35.6 “Estoppel”

Updated by Dr Paul Vout, Member of the Victorian Bar

This update was also published as part of Unconscionable Conduct – The Laws of Australia (3rd ed) and considers recent case law treatment by the High Court of Australia and the New South Wales Court of Appeal revisiting the doctrine of estoppel.  

Key Cases: Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 333 ALR 384; [2016] HCA 26; Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106.

February 2018 currently scheduled updates (subject to change):

• Criminal Sentencing 12.12 “Sentencing of Children”

• Real Property 28.10 “Licences”

• Revenue Law 31.3 “Income from Property”