Lexis Advance

New Paragraphs Citing Tab in CaseBase^®

Following the successful release of the Paragraph Filter in June 2020, the Paragraphs Citing Tab builds on users’ ability to track paragraph citations in CaseBase. This new feature will be available to customers from the 1st of February 2021.

The Paragraph Filter presents an easy-to-use heatmap displaying citation trends and allowing for rapid and intuitive interaction with the data. This makes it easier to assess the structure of the judgment and focus on the passages that have had the most influence on subsequent decisions.

After selecting a paragraph from the Paragraph Filter, the cases list in CaseBase narrows to show only cases that cite that paragraph. The Paragraphs Citing Tab appears adjacent to the cases list once a paragraph is selected. In this tab, users will be able to read the text of the cited and citing paragraphs without navigating to a new page.

Having this centralized view makes CaseBase an even more effective tool for analysing citations, providing deeper insight into which decisions are relevant to a user’s research. It helps them quickly identify cases that would likely be influential to their arguments by providing a window into the nuances of the case.

With the release of the Paragraphs Citing Tab, CaseBase enables users to:

• Use the Paragraph Filter to see which judges and paragraphs are most cited by subsequent cases; and get insight into the nature and extent of the judgment’s influence on the law
• Enter keywords in the ‘Narrow By’ field (aka the ‘search within’ field) to trace the development and discussion of particular issues by shortlisting citing cases which shed light on matters relevant to your research
• Gauge the usefulness of a citing case and the level of insight it is likely to add by reviewing the specific passages in the ‘Paragraphs Citing’ tab before clicking through to the full text
• Sort citations using CaseBase colour-coded editorial signals (‘Negative’, ‘Cautionary’, ‘Positive’, ‘Neutral’) to prioritise review of citing cases that may create problems for your argument
• Review editorial annotations (e.g. ‘Applied’, ‘Distinguished’, ‘Not Followed’) to understand the nature of the relationships between judgments, helping you triage cases as part of your research process

This powerful combination of features in CaseBase gives users an unparalleled ability to accurately streamline their research without having to open and read multiple decisions. It allows them to spend more time on relevant cases with the highest impact to their research.

Click here for a list of webinars designed to keep you up to date on our products.

Lexis Red

Recent Updates – Lexis Red 3.15 released on 22nd Jan 2021

Lexis Red is a digital platform through which you can access your preferred legal content. Through the app you can browse, search, share, and annotate faster than before. Lexis Red is available on iPad, Android tablets, Windows 10 and Macintosh desktops and laptops.

In our recent release (Lexis Red 3.15), the team has focused on introducing a new feature “Filter publication type”. The feature enables users to quickly browse by publication type (such as - loose-leaf, books or Encyclopedias) and save valuable time.

Image: “Filter publication type” feature – iPad version.

Update on Single sign-on (SSO) for Lexis Red. The development of SSO support for Lexis Red has been completed and testing is in progress with selected customers.

If you would like to get more information on Lexis Red or test the Single sign-on (SSO) feature, please contact your Relationship Manager.

LexisNexis Practical Guidance

What’s new

Practical Guidance Dispute Resolution – Coming Soon

This new Practical Guidance module will cover informal and formal mechanisms of dispute resolution, including aspects of ADR and litigation practice across Australian federal, state and territory courts and tribunals. The content will address the fundamentals and procedural steps of the dispute process, structured by jurisdiction and court. Intended for lawyers in firms dealing with disputes as well as barristers conducting matters across different levels of court, the Dispute Resolution module in Australia will be a practical companion to our existing civil procedure analytical works.

Available for subscription on Lexis Advance from the end of March, the Dispute Resolution module will include coverage of the Federal, NSW, QLD and VIC jurisdictions with further plans for jurisdictional expansion of other states and territories in the coming months.

Practice Area Round-ups

Practice Area Round-ups are a current awareness newsletter to provide subscribers with the practice area news highlights they need, delivered fortnightly directly to their inbox. Covering latest developments in practice and in their subscription as well as key calendar dates.

Now available for these practice areas: Banking & Finance; Business; Competition; Consumer; Corporations; Cybersecurity, Data Protection & Privacy; Employment; Insolvency & Restructuring; Intellectual Property; Mergers & Acquisitions; Property.

Subscribe to fortnightly roundups here.

Platform enhancements – locked breadcrumb trail

To improve our users’ awareness of where in the Practical Guidance topic tree they are, the breadcrumb trail that appears in the platform header at document level now remains locked in position, for navigational ease.

New PG Signing Tool

An easy-to-use step by step tool for lawyers to create the execution blocks they need to ensure a valid contract, this new tool launched in Practical Guidance Corporations in December 2020. With over 100 different signing blocks to choose from, and more being added in the coming months, lawyers can be sure to access the correct execution block for their transaction. Try it here.

New jurisdiction added to Practical Guidance Criminal: Western Australia

The coverage of Practical Guidance Criminal has been expanded to Western Australia, adding to the three existing jurisdictions: New South Wales, Victoria and Queensland. Over 70 new guidance notes and checklists have been added to the module covering all aspects of criminal procedure in Western Australia from arrest through to sentencing and appeals.

Practice area highlights

• PG Banking & Finance – new precedents such as Deed of Release of Guarantor and Tripartite Deed, give access to market best practice documents and clauses for efficient drafting, while updated guidance on emergency legislation and signing under s 127 and remote witnessing during COVID-19 pandemic means you can stay on top of the latest developments regarding electronic signing. Keep updated regarding key developments in preparation for the cessation of LIBOR with our new guidance, LIBOR transition – what finance lawyers need to know.
• PG Competition – New checklists on Misuse of Market Power have been created, including Assessing substantial market power, Selling below cost and Refusal to deal or supply, giving lawyers a practical breakdown of what they need to know and the essential steps they need to take.
• PG Consumer – New content on the Consumer Data Right regime and financial product intervention orders and design and distribution obligations has been published, along with a revamped Sales practices topic, including new content on gift cards and receipts and proof of payment.
• PG Corporations – New Signing Tool; new guidance on share transfers and legislative framework for regulating conduct relating to financial products and services; new checklists for share transfers and financial reporting requirements for proprietary companies; and new and updated precedents essential for meetings, company fundraising and operating a company. All providing the practical know-how and documentation for these frequent tasks expected of corporate lawyers.
• PG Criminal – New topic on criminal procedure in Western Australia comprising of over 70 documents.
• PG Cybersecurity, Data Protection & Privacy – Updated guidance notes, precedents and checklists in the Transfer of Data, EU GDPR, and Privacy subtopics to reflect recent developments in the law.
• PG Employment – New Whistleblowers and Wage Theft Comparison Tool; new guidance on negotiating and drafting employment contracts; new guidance and precedents on redundancy, including 14 letter templates to support proper process; new Home Working Policy precedent and checklist for home working safety; new checklist on directions to return to work during a pandemic; new policy acknowledgement template; updated content on Modern Slavery.
• PG Family – New checklists on drafting final parenting orders and family violence risk screening. New guidance on family violence orders in Australian Capital Territory. New comparative table of provisions under Commonwealth and Western Australian Family Law Acts.
• PG Governance – Revamped subtopic on Risk Standards to align organisations’ risk management strategies with recent changes in risk standards.
• PG Insolvency & Restructuring – The Insolvency module has been renamed Insolvency & Restructuring, to better reflect the nature of the content and the way in which practitioners structure their teams. A new automated Statutory Demand and Affidavit tool has been launched. Extensive new guidance and precedents are being created and published progressively for a new Debt Restructuring topic and the new Simplified Liquidation process, to reflect the insolvency reforms which came into operation on 1 January 2021.
• PG Intellectual Property – Additional guidance has been added on Brexit, and a new subtopic on removal of trademarks for non-use. The Toolkit now contains international comparators, schedules for use in Trademark oppositions (Opposition Tool, registry rejection list, opposition grounds, table of cases relevant to TM oppositions) and a collection of all Rules and Practice Notes to be aware of in an IP matter.
• PG Mergers & Acquisitions – New precedents such as asset purchase completion checklist, share purchase exchange and completion minutes (both buyer and seller versions), and majority/minority joint venture shareholders’ agreement have been published, giving practitioners access to market best practice documents, clauses and checklists, for efficient matter management, drafting or to sanity check their firm’s documents. And significant new and updated guidance on Foreign Investment Review Board framework coming soon to reflect major legislative changes effected on 1 January 2021.
• PG Personal Injury Vic – New database of significant damages awards.
• PG Property – New precedents and checklists have been created, including in the commercial/retail leasing and sale of land topics. The guidance across the module continues to be updated and enhanced, including the guidance on the temporary measures introduced across Australia in response to the COVID-19 pandemic.
• PG Succession – New guidance on voluntary assisted dying legislation in Victoria and Western Australia. New jurisdictional-specific checklists on remote witnessing of documents, applying for family provision orders, removal of executors and lodging a caveat in respect of an estate.

Capital Monitor™

Do-it yourself, content curation now extended to all Intranet Users

When the concept for a new website started to take shape in 2019, Capital Monitor already knew that increased autonomy for content curation among Intranet Users was on top of Knowledge Managers’ wish list.

The legacy platform, in use since 2010, had foreseen the requirement for self-serve capabilities amid subscribers and built it in for all subscription types, except for Intranet Users.

Originally designed to enable account administrators, typically knowledge managers and librarians, to manage and circulate content within an organisation, Capital Monitor Intranets allowed nominated Intranet Administrators to customise, display and push content out to recipients (individuals or groups) via topics, alerts and newsletters according to parameters they set up at the start. Intranet Users could view the list of topics, alerts, newsletters and the most recent content they carried online, but remained short of the ability to interact with what they saw, such as self-subscribe / unsubscribe, or edit pre-set parameters without physically having to contact nominated Administrators. The only autonomy available to this subscriber category was the ability to search and browse the extensive Capital Monitor digital collection, now amounting to over 3 million text-searchable and fully indexed PDF documents.

As Intranets swelled with users over the years, so did the workload of their nominated Intranet Administrators. A solution was needed to eliminate unnecessary barriers to self-service by end-users, allowing them to customise some content on the go themselves, while easing Administrators’ job of running large-scale Intranets without taking away their privileges.

Once the Capital Monitor new user interface went live in May 2020, the team set out to make this happen. Months of planning, countless straight-back-to-the-drawing-board moments, iteration and development have culminated with the completion of this significant enhancement in the second half of 2020. The feature, now available to all Intranet Users, was rolled out to subscribers in late January this year. Intranet Users can now do this themselves:

• browse and subscribe to unlimited number of CapMon Topics
• browse and subscribe to Customised Alerts listed by Intranet Administrators, or other users
• create their own Customised Alerts that other users can view and subscribe to
• browse and subscribe to available Newsletters

Features unavailable to Intranet Users that remain firmly within the Intranet Administrators’ privileges include the ability to delete, or edit Customised Alerts that were created by others, or the ability to delete, create or edit pre-set CapMon topics. The premium Instant Email Alerts published by Capital Monitor alerts managers for Commonwealth content also remains exclusive to Intranet Administrators only.

Practice Area Updates

What's new

Insurance

Analysis of business interruption insurance test case: HDI Global Specialty SE v Wonkana No 3 Pty Ltd

FEDERAL

In November 2020, the NSW Court of Appeal handed down their decision for the business interruption insurance test case, which had been brought by the Insurance Council of Australia and the Australian Financial Complaints Authority. The decision has serious implications for the insurance industry as it indicates that insurers may be unable to rely on exclusion clauses that made reference to repealed legislation. The standard form contracts of several insurers had not been updated since the legislation was repealed and continued to make reference to excluding liability for diseases declared to be quarantinable diseases under the repealed legislation. As a consequence, insureds that incurred losses due to the coronavirus pandemic stand to have recourse against insurers. The Insurance Council of Australia have announced that they will apply to the High Court for special leave to appeal the decision. A case note was published online in December 2020 in the Australian Insurance Law Bulletin, written by Iain Freeman and Lorraine Madden, which follows consideration of business interruption insurance in the context of the coronavirus pandemic in the newsletter's coronavirus special edition (ILB 36.1 in May 2020).

Property

Various decisions handed down by courts and tribunals dealing with leasing disputes under the umbrella of the current COVID-19 related legislation as it applies to landlords and tenants

All state jurisdictions

Each State jurisdiction has made legislation to deal with issues arising from tenants' inability to pay rent while impacted by COVID-19. There have been a number of decisions in the courts and tribunals that deal with various aspects of these instruments. These include: MIR Holdings Pty Ltd v Marina Square Retail Pty Ltd [2020] NSWCA 286; BC202011034 in relation to non-payment of rent in NSW; Koh v Thomas (Residential Tenancies) [2020] VCAT 591 in relation to a notice of termination in Victoria; Sneakerboy Retail Pty Ltd t/as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996; BC202007182 in relation to relief against forfeiture in NSW; and Happy Lounge Pty Ltd v Choi & Lee Pty Ltd [2020] QDC 184; BC202040686 in relation to frustration of a contract of sale due to COVID-19 restrictions in Queensland. These and other matters are covered in the Australian Tenancy Law & Practice Bulletins that accompany all 2020 services of this publication. They provide expert commentary on these decisions and assist customers in advising clients on how to navigate their landlord/tenant relationships in the framework of COVID-19 legislation.

Employment

The recent case of PIA Mortgage Services v King 2020 handed down in early 2020 by the Full Federal Court.

FEDERAL

Section 340 and 34(1)(c)(ii) of the Fair Work Act 2009 combine to protect employees from adverse action being taken against them by employers because the employee has made a complaint or inquiry to the employer in relation to the employee's employment. The case and which complains are worthy of protection are examined in Emma Goodwin's (Minter Ellison) recent article published in the Employment Law Bulletin.

Defamation

21 significant decisions handed down between July and October 2020 by state and federal courts dealing with defamation

All state and Federal jurisdictions

In Australian Defamation Law & Practice Bulletin No 78, Gibson J has summarised and analysed 21 recent defamation cases, including editorial notes referring to post-trial issues such as interest, costs and enforcement issues (including contempt of court, costs orders against a third party and an application by a journalist for access to a court file after judgment was handed down.)

ASX

Proposed ASX Listing Rules changes

All jurisdictions

Subject to ASX receiving ASIC regulatory approval, ASX Listing Rules amendments are expected in February 2021 to take effect on 20 March 2021. The proposed Listing Rules changes are primarily within the Appendices to facilitate the introduction and operation of the next round of new and updated ONLINE forms. In addition, a number amendments to Rules 2.8, 3.10, 3.21, 3.22, 12.13, and 19.12 covering notification of security issues and corporate action timetables are propsed to commence at the same time.

PLEASE NOTE: LN has the licence to print on behalf of the ASX, so binders will be updated

HCFCP

The recent case of Davaria in the Full Federal Court.

FEDERAL

This case raised the issue of Common Fund Orders and and the court's power to make such an order in class action proceedings. The comments in this case were significant as they suggest the court will have the option to consider CFO applications made at the time of settlement or judgment and that some courts will be prepared to make such orders depending on the circumstances of the case. Commentary around this case and the future implications for class actions is being incorporated into Practice and Procedure High Court and Federal Court of Australia.

Corporations

Commencement of the Corporations Amendment (Corporate Insolvency Reforms) Act 2020

FEDERAL

The purpose of the amending Act is to to implement insolvency reforms to support small business. The Government estimates that the reforms will cover around 76 per cent of businesses subject to insolvencies—98 per cent of which have less than 20 employees. The three key elements of the reforms are:

• small business restructuring: a new formal debt restructuring process for eligible incorporated small businesses, which the Government has indicated, will apply to businesses with liabilities of less than $1 million, to allow a faster and less complex process to restructure existing debts and maximise their chances of survival
• small business liquidation: a new simplified liquidation pathway for eligible incorporated small businesses, which the Government has indicated will apply to businesses with liabilities of less than $1 million, to provide for a faster and lower cost liquidation process; and
• other measures: to provide temporary insolvency relief until 31 March 2021—to address the issue of eligible small businesses not being able to access the process immediately whilst insolvency practitioners become familiar with small business restructuring

Succession

The recent case of Moore v Aubusson [2020] NSWSC 1466

NSW

Moore v Aubusson is a recent decision of the NSW Court of Appeal, where estoppel for breach of promise overruled a will. In this case, the deceased did not fulfil her promise to leave in her will two properties to the plaintiffs who had relied to their detriment on the testamentary promise. While the Court found that the understanding between the deceased and the plaintiffs did not reach the level of a contract, there was a promise by the deceased to the plaintiffs in respect of her two properties. This case demonstrates a situation in which estoppel for breach of promise can override a will, particularly if the alleged promisor is deceased and the claimants do not have standing under traditional family maintenance claims. Case notes on this case have been published by Rod Jones from Piper Alderman, Blair Campbell from HHG Legal Group and Lynn Pham from Andersons Solicitors.
In the upcoming service update for Mason and Handler Succession Law and Practice NSW, which will be published in February 2021, commentary on this case will be provided in the Succession Act 2006 and Will Drafting guidecards.

Alternate Dispute Resolution

Illawarra Community Housing Trust Ltd v MP Park Lane Pty Ltd [2020] NSWSC 751 (1, 17 June 2020); BC202005418 and Lahey Constructions Pty Ltd v Dept of Education [2020] NSWSC 1158; BC202008231 (23 July, 28 August 2020).

NSW

Two articles providing insights into the court's recent decisions relating to expert determination clauses. In Illawarra Housing Community, the court held the parties to their dispute resolution process that they had agreed upon within the contract. This article titled “Supreme Court of New South Wales confirms the correct approach to the construction of expert determination provisions” was published in December 2020. In Lahey Constructions the importance of drafting dispute resolution clauses was a key point, along with many others (explored within the article) from the case. The claim was dismissed on the question of whether the contractual threshold had been exceeded (the court determined it had not been exceeded). This article titled “Another threshold question: Supreme Court confirms importance of precise tiered dispute resolution clauses” was published in November 2020. These articles are found in the Australian Alternative Dispute Resolution Law Bulletin which touches on several aspects of alternate dispute resolution.

Building and Construction

Decision on meaning of 'day' in relation to the calculation of paid personal / carer's leave under the Fair Work Act 2009: Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

All jurisdictions

Mondelez is a recent decision of the High Court, overturning the decision of the full Federal Court regarding the interpretation of what constitutes a 'day' in relation to the calculation of paid personal/carer’s leave under the National Employment Standards in the Fair Work Act 2009 (Cth). The High Court confirmed what has been (until the Federal Court's decision) the widespread understanding of the operation of the personal/carer's leave entitlement in the Fair Work Act. The previous Full Federal Court decision had substantial cost implications for employers of workers who completed longer shifts, particularly in the building and construction industry. Building Contracts Australia has been updated with expert commentary on this case.

Evidence

Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565

FEDERAL

Nathan Moshinsky QC has incorporated this case into a recent update of the Evidence title in Halsbury's® Laws of Australia. Taxiprop looks at the function of the tribunal of fact. This case supports that provided there is a recognised body of science which deals with the relevant matter, a suitably qualified expert may be called to give opinion evidence about it to assist the tribunal of fact.

Criminal

Rod Howie QC and Justice Johnson discussed a minimum of 24 recent cases from the NSW Court of Criminal Appeal in their most recent update to annotations.

NSW

In the January hardcopy service of Criminal Practice and Procedure NSW, customers will receive updates to the annotations to the Criminal Procedure Act 1986, Evidence Act 1995, Crimes Act 1900, Criminal Appeal Act 1912, Crimes (Sentencing Procedure) Act 1999, Drug Misuse and Trafficking Act 1985, Firearms Act 1996, Crimes Act 1914, plus more – these annotations discuss a minimum of 24 cases handed down by the NSW Court of Criminal Appeal in 2020. Online customers received this content by December 2020.

Environment

Environment Protection and Biodiversity Conservation Act Royal Commission.

All jurisdictions

Special double edition of the Australian Environment Review (AER) on the EPBC Royal Commission: AER 35(5&6). This special edition has EPBC-themed papers designed as a timely accompaniment to the release of Graeme Samuel's final report on 30 October 2020. The EPBC Act is the government’s centrepiece of national environmental law, so this 10-yearly review is always a landmark one. The AER editorial panel foresaw the significance of this special edition for environmental lawyers, policymakers and scientists. It is definitely one of the first (if not the first) serious analyses of the Royal Commission, and is now published on Lexis Advance. AER 35(5&6) has papers from experts on: ecological restoration; EPBC case law and legislation; the government's biodiversity commitments and its use of offsets; and, importantly, the areas of overlap with the Bushfire Royal Commission. The special edition retains ongoing importance and relevance as the government considers the Review recommendations in early 2021.

Recent Updates to LexisNexis Court Procedure Works

This report from the team behind our practice and procedure works provides an indication of the vast number of updates and annotations due to changes in legislation and the legal profession.

Halsbury’s Laws of Australia

The team behind Halsbury's have been steadfastly updating this authoritative reference so you can stay ahead of the rapidly changing legal landscape.

Each topic is written by an expert, then reviewed by a distinguished editorial panel and is intensively checked to give users confidence in its accuracy.

An unprecedented 10,930 pages of changes, across 18 titles within the service have been published since March 2020, across (but not limited to) these topics:

• Arbitration
• Banking and Finance
• Betting, Gaming and Lotteries
• Consumer Credit
• Contract
• Corporations
• Criminal Law
• Damages
• Environment
• Evidence
• Family Law
• Industrial Law
• Intellectual Property
• Local Government
• Maritime Law
• Police and Emergency Services
• Practice and Procedure
• Professions and Trades
• Public Health
• Social Welfare and Services
• Superannuation
• Trade and Commerce
• Water
• Weapons and Dangerous Goods

Further updates are scheduled over the coming months to the following titles, including (but not limited to):

• Criminal Law
• Local Government
• Mental Health and Intellectual Disability
• Restitution
• Statutes
• Superannuation

Contact Us Form

QUICKLINKS

FEATURE ARTICLE

Lexis Advance
Lexis Red
Practical Guidance
Capital Monitor
Practice Area Updates
Court Procedure Works
Halsbury’s Laws of Australia
Contact Us

Follow LexisNexis

LexisNexis, Lexis Advance, Lexis Draft, CaseBase, LawNow, Lexis Red and the Knowledge Burst logo are registered trademarks and Capital Monitor is a trademark of RELX Inc.
©2021 Reed International Books. Australia Pty Ltd trading as LexisNexis. All rights reserved.