The Laws of Australia Updates December 2016
The following Subtitles were updated in December 2016 and are now available on Westlaw AU:
Civil Procedure 5.10 “Limitation of Actions” (Table of Limitation of Actions)
Updated by Professor Peter R Handford, Barrister and Solicitor, Supreme Courts of Victoria and Western Australia
This updated quick-reference table summarises the limitation periods for the different causes of action in each of the States and Territories. Key amendments in this update include consideration of limitation periods for dust-related diseases, child abuse, and actions to recover tax, and various miscellaneous causes of action.
This Subtitle Table is part of the forthcoming book Limitation of Actions - The Laws of Australia (4th ed) which will be published in early 2017.
Criminal Law Principles 9.3 “Defences and Responsibility” Chs 1–4
Updated by Professor Mirko Bagaric, Professor of Law, Swinburne University Law School
This Subtitle examines the major defences and principles of responsibility in Australia’s criminal law. Updated Chs 1–4 look at the defences of duress, marital coercion, and superior orders.
Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Chs 1–5
Updated by Wayne Lonergan and Julie Planinic, Directors, Lonergan Edwards & Associates Limited
This installment of chapters consider revised case law in comparing personal and commercial goodwill with commentary on cases such as Goddard v Patterson [2011] FamCAFC 14 and Spencer v Spencer [2012] FamCA 138. It also discusses the application of super profits methodology as discussed in Corbon & Klousner [2015] FamCA 842.
Unfair Dealing 35.9 “Unconscionable Dealing”
Updated by John Fogarty, Senior Associate, Corrs Chambers Westgarth
The question of whether late payment fees that a bank charged on credit accounts were necessary for the protection of the bank’s legitimate interests was considered in Paciocco v Australia & New Zealand Banking Group Ltd [2016] HCA 28. Unfair contract term provisions were extended to small business contracts as of 12 November 2016 under the new s 23(4) of the Australian Consumer Law.
February 2017 currently scheduled updates (subject to change):
9 Criminal Law Principles 9.1 "The Criminal Laws" Ch 8
9 Criminal Law Principles 9.3 "Defences and Responsibilities" Chs 5–8
14 Environment and Natural Resources 14.13 "Petroleum"
31 Revenue Law 31.11 "International Aspects"