The following Subtitles were updated in September 2017 and are now available on Westlaw AU:
Update 333 –September 2017
Civil Procedure 5.3 “Discovery and Interrogatories” (Chs 1–6)
Updated by Justin Carter Barrister, Queensland Bar
Dealing with discovery, inspection of documents, and interrogatories, updated Chs 1–6 of this Subtitle examine: the general purposes of discovery; preliminary discovery; search and freezing orders; discovery during proceedings; and rules relating to the medical examination of plaintiffs. Mention is made of the courts increasingly being called upon to assess whether secrecy provisions in statutes preclude documents from being discoverable in proceedings.
Key Cases: Victoria v Intralot Australia Pty Ltd [2015] VSCA 358.
Civil Procedure 5.10 “Limitation of Actions”
Updated by Professor Peter R Handford, Emeritus Professor, Law School, University of Western Australia
This updated Subtitle contains a quick-reference Table of Limitation of Actions current to 1 August 2017. The table covers the limitation periods of general application provided in the Limitation Acts of Australia’s State and Territory jurisdictions and related legislation dealing with wrongful death actions, survival of actions, etc. There is also coverage of the most recent developments in relation to the abolition of limitation periods for sexual abuse in certain jurisdictions, including discussion of recent leading case law and new legislation.
This updated Subtitle was also recently published as a stand-alone book, Limitation of Actions – The Laws of Australia (4th ed).
Key Cases: Prince Alfred College Inc v ADC (2016) 258 CLR 134; 90 ALJR 1085; [2016] HCA 37; Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525; 90 ALJR 835; [2016] HCA 28.
Key Legislation: Justice and Community Safety Legislation Amendment Act 2017 (No 2) (ACT); Limitation Amendment (Child Abuse) Act 2017 (NT).
Unfair Dealing 35.5 “Notion of Unconscionability”
Updated by Dr Paul Vout, Member of the Victorian Bar
This Subtitle explains the general notion of “unconscionability”. Recognising that unconscionability has been the guiding principle of many developments in statutory consumer law, a focus of this update is on how legislation such as the Australian Consumer Law s 21(4) is delineating the notion’s application in court proceedings and, in consumer law, possibly provides “a powerful qualification” to the hitherto understood limits of unconscionability’s applicability.
Key Cases: Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525; 90 ALJR 835; [2016] HCA 28; Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392; [2013] HCA 25; Director of Consumer Affairs Victoria v Scully (2013) 303 ALR 168; [2013] VSCA 292.
Key Legislation: Australian Consumer Law (found in Competition and Consumer Act 2010 (Cth) Sch 2).
October 2017 currently scheduled updates (subject to change):
- Contract: General Principles 7.2 (Chs 1–3) “Vitiating Factors”
- International Trade 24.4 “International Taxation” (Chs 5–8)
- Wills and Estate Administration 36.2 “Family Provision”
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