TLA published five Subtitles in July, on a range of important topics. In 2010 to date, we have updated more than twice the number of Subtitles updated in the same period of 2009. We will continue this level of updating for the rest of this year and beyond.

Administrative Law 2.3 Access to Information [2.3.16] – [2.3.37]

Updated by John D Fitzgerald, Tutor, University of Technology Sydney

[2.3.16] – [2.3.37] of this Subtitle explores the conceptual basis and content of statements of reasons at common law and statute, with discussion of the main statutory schemes at the Commonwealth and State/Territory levels. Judicial and tribunal consideration of statements of reasons is also examined.

Equity 15.10 Tracing

Updated by Associate Professor Samantha J Hepburn, Associate Professor, Deakin University

This Subtitle discusses the process of tracing, focusing primarily on the approach taken by equitable tracing rules and proprietary remedies. Separate common law remedial approaches are also considered. This update includes an expanded consideration of the implications of the House of Lord’s decision in Foskett v McKeown [2001] 1 AC 102; [2000] 2 WLR 1299; [2000] 3 All ER 97 by cases such as Shalson v Russo [2005] Ch 281; [2005] 2 WLR 1213; [2003] EWHC 1637 (Ch).

Family Law 17.6 Status of Children and Parental Rights and Responsibilities

Updated by Alexandra Harland, Senior Lecturer and Family Law Accredited Specialist, York Family Law

This Subtitle examines generally the rights of parents and children and the legal relationship between them. This update provides commentary on the legislation which creates parentage presumptions for women in lesbian relationships who have children as a result of a fertilisation procedure. There is a discussion of Keaton v Aldridge (2009) 223 FLR 158, a case which involved parenting orders and artificial conception procedures. Section 60HB of the Family Law Act 1975 (Cth), which deals with children born under surrogacy arrangements, is featured in this update, as well as commentary on Re Michael (Surrogacy Arrangements) (2009) 41 Fam LR 694.

Professional Liability 27.3 Professional Responsibility: Legal Practitioners

Updated by Nathan Moshinsky QC, Member of the Victorian Bar

This Subtitle discusses the legal responsibilities of solicitors and barristers in carrying out their professional responsibilities with respect to their clients, the court and third parties.  This update includes consideration of proportionate liability legislation as it affects legal practitioners.

Torts 33.8 Trespass and Intentional Torts

Updated by Dr Paul Vout, Member of the Victorian Bar & Solicitor of the Supreme Courts of New South Wales, Northern Ireland, England & Wales

The intentional infliction of harm causing damage or injury includes, for example, trespass to person and land, economic torts, malicious prosecution, abuse of process. This Subtitle contains a comprehensive analysis of the elements, defences and damages for each recognised intentional tort, and considers interrelated areas as it affects these torts, such as negligence. This update covers expanded commentary and authorities, including recent case law such as Noye v Robbins [2010] WASCA 83; Leerdam v Noori (2009) 227 FLR 210; 255 ALR 553; [2009] Aust Torts Reports 82-011; [2009] NSWCA 90; Habib v Commonwealth of Australia [No 2] (2009) 175 FCR 350; 254 ALR 250; [2009] FCA 228; Kuru v New South Wales (2008) 236 CLR 1; 82 ALJR 1021; 246 ALR 260; [2008] Aust Torts Reports 81-953; [2008] HCA 26; Giller v Procopets (2008) 40 Fam LR 378; (2008) 79 IPR 489; [2009] DFC 95-420; [2008] VSCA 236.