Aboriginal and Torres Strait Islander Peoples 1.6 “Civil Justice Issues”
Updated by Adjunct Professor George Newhouse, Director of the National Justice Project

This Subtitle discusses those civil justice issues of particular relevance to Aboriginal and Torres Strait Islander peoples. This update features discussion on the areas of cremation, next of kin and post-mortem examinations and how they can conflict with Aboriginal and Torres Strait Islander cultural and spiritual beliefs.

Key Cases: New South Wales v Gill [2024] NSWSC 1263; Re Higgins [2023] NSWSC 689.
Key Legislation: Administrative Review Tribunal Act 2024 (Cth).

Administrative Law 2.7 “Other Forms of Review and Appeal”
Updated by Damien J Cremean, Adjunct Professor, University of Queensland

This Subtitle focuses on the legal processes reviewing administrative action alternatively to judicial review. This update discusses the Administrative Review Tribunal (ART) and its structure.

Key Legislation: Administrative Review Tribunal Act 2024 (Cth).

Communications 6.3 “Injurious Falsehood”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers, Brisbane

This Subtitle outlines the law regarding injurious falsehood with particular attention being paid to the differences between this action and the civil action for defamation. Malice is a main focus in this update, which is an essential element of a plaintiff’s action for injurious falsehood, as well as exemplary damages being available to a plaintiff.

Key Cases: National Roads & Motorists’ Association Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2019) 291 IR 28; [2019] FCA 1491.

Environment and Natural Resources 14.11 “Fisheries”
Updated by Edmund Lee, Barrister and Vanessa Field, Principal in sole practice

This Subtitle examines the applicable international law framework, particularly the rules of international law relevant to fisheries management in Australia. This update discusses the High Seas Biodiversity Treaty, the objective of which is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

Key Cases: Moriarty v Nye (2024) 114 NSWLR 560; [2024] NSWCCA 116.
Key Legislation: Fisheries Management (Aquaculture) Regulation 2024 (NSW).

Sport and Leisure 32.2 “Disciplinary Tribunals and Administrative Procedures”
Updated by Graeme Pollard, Director, Primetime Legal Research Services

This Subtitle deals with the intervention of the courts in the proceedings of disciplinary tribunals and administrative procedures that are relevant to a sporting body.

Currently scheduled updates (subject to change):

• Civil Procedure 5.2 “Pleadings and Amendment”
• Communications 6.9 “Internet Law”
• Health and Guardianship 20.9 “Guardianship and Administration or Management of Property”