Latest Updates

Bankruptcy Subtitle 3.11 Recovery Action in Relation to Pre-bankruptcy Dispositions

Updated by Steven Foale, Consultant, Maurice Blackburn

This Subtitle examines the laws that enable the trustee in bankruptcy to recover money and property disposed of by the bankrupt prior to bankruptcy. This update includes important changes to voidable and avoidable transactions as outlined by the Bankruptcy Act 1966 (Cth), including amendments instituted by the Bankruptcy Legislation Amendment (Anti-Avoidance) Act 2006 (Cth) and the Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007 (Cth). This update also considers changes to the procedural elements of pre-bankruptcy recovery actions, and includes new commentary on important cases which help define the new provisions.

Criminal Procedure Subtitle 11.12 Criminal Injuries Compensation

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle considers the compensation orders that may be awarded by courts and tribunals for injuries sustained by victims of crime. It concentrates on the relatively uniform State and Territory legislation governing compensation orders and the body of case law that has developed in relation to such orders. Recent cases, such as RK v Mirik (2009) 21 VR 623; [2009] VSC 14, Stevens v Baxter [2009] VSC 257, Liang v Chalmers [2010] VSC 241 and Tanner v Smart [2010] VSC 463, are discussed in relation to the purpose of criminal injuries compensation and the discretion of the court to award compensation to victims of crime. Recent amendments to the statutes and regulations which govern criminal injuries compensation are also explained in this Subtitle.

Finance, Banking and Securities Subtitle 18.10 Consumer Finance

Updated by Dr Oren Bigos, Barrister, Victorian Bar

This Subtitle discusses the law relating to consumer finance in Australia, including new discussion on of the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code. This legislation creates a national regime over consumer lending which replaces the former State-based uniform codes. This update also addresses other important legal developments including the effect of the Competition and Consumer Act 2010 (Cth) and the regulation of debit and credit cards.

Transport Subtitle 34.1 Carriage

Updated by John Livermore, CEO, John Livermore Enterprises

This Subtitle focuses on the main features of the law of carriage as it applies to land and sea transport. The commentary is broadly divided into two halves, with the first dealing with land carriage topics such as common and private carriers, standard-form land carriage documents and land carriage liability; passenger carriage; road transport and the Uniform Road Transport Law; and rail carriage. The second half explores various sea carriage topics such as contractual arrangements provided by demise and time charter parties; bills of lading and liability of third parties thereto; and the regulation of competition in overseas liner shipping.

Readers should note that this Subtitle does not include a discussion of the principles of air carriage, as the topic is dealt with extensively in Subtitle 34.2 “Aviation”, primarily in the context of liability in air carriage.

Forthcoming Updates

• Administrative Law 2.3 “Access to Information”
• Criminal Procedure 11.7 “Trial Procedure”
• Criminal Procedure 11.9 “Legal Representation and Legal Aid”
• Criminal Sentencing 12.12 “Sentencing of Children”
• Government 19.2 “Legislature”

For a complete list of forthcoming updates, visit The Laws of Australia homepage