October2019

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October2019

BLOGS CONTENT UPDATES SERVICE ENHANCEMENTS NEW WEBINARS CONTACT US ☰

Hello and welcome to BarNews from the Barrister Segment team at LexisNexis.

Read on for our best insights, tips and content updates, and discover the five most exciting enhancements to your Lexis Advance search experience which were implemented this year.

As always, we welcome your feedback on any of our products and services and look forward to being able to better assist you today and into the future.

Notable updates of content and practice area commentary
Exciting enhancements to your Lexis Advance experience
New webinars to help you get the most out of your LexisNexis subscriptions.

Key Content Updates

Australian Law
Halsbury’s Laws of Australia

FEDERAL

Dependencies has been comprehensively updated by barrister Piria Coleman. Dependencies states the law in relation to the external Territories of Australia, including the modes in which these Territories were acquired, their constitutional foundations and the legislative provision made for their government. This update includes (but is not limited to) statements in reforms to governance and legislative developments including in the (CTH)Territories Legislation Amendment Act 2016; (CTH) Migration Act 1958, (CTH) Norfolk Island Act 1979; Norfolk Island Legislation Amendment Act 2015; (CTH) (NI) Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018; (CTH) Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017.

Contract guidecard VIII (Remedies) for Contract Law has been updated by Associate Professor Bibi Sangha of Flinders University to include new case law in the chapters covering Loss of Chance; Reasons for Distinguishing Debt and Damages; Liquidated Damages Distinguished from Penalty; Penalty Payable on Breach; Legitimate Interest to Complete Performance; Restitution; Recognition of Unjust Enrichment; Specific Performance.

Practice and Procedure guidecard I (Preliminary Matters) of the Practice and Procedure title has been updated by barrister Nathan Moshinsky QC to include new case law and statutory developments. The Practice and Procedure title states the law in relation to the civil procedural requirements of the superior courts of record in Australia. The Preliminary Matters guidecard covers numerous topics including Noncompliance with Practice and Procedure; Transfer of Proceedings Between Courts; Case Management; Commencement of Proceedings; Service, and Appearance or Notice of Intention to Defend.

Civil Procedure
Commencement of the County Court Civil Procedure Rules 2018

VICTORIA

The 2018 County Court Rules replaced the 2008 CC Rules and commenced in November 2018. Although largely intended to align the County Court Rules more closely with those of the Supreme Court, they also introduce substantial changes to Electronic Filing (Order 28), Vexatious Proceedings, Judicial Registrars (Order 60) and Amendment (Order 36). In Civil Procedure Victoria, the new County Court Rules have been integrated with the Supreme Court Rules, so that identical provisions are set out once, and differing provisions are clearly indicated. CPV’s expert annotations are now set out for easy reference under the relevant SC/CC Rules.

Responding to legislative reforms in NSW during 2019

NEW SOUTH WALES

Ritchie’s Uniform Civil Procedure NSW, the authoritative guide for barristers in NSW has been substantially updated with new cases and annotations to four chapters. New and updated cases and commentary have been incorporated into the following areas: Chapter 26: Receivers; Chapter 27: Disposal of Land; Chapter 37: Time to Pay/Payment by Instalments; Chapter 38: Examination of Judgment Debtor.

Banking and Finance, Corporations
Reforms flowing from the Hayne Royal Commission

FEDERAL

The final report of the Banking Royal Commission was tabled in Parliament on 4 February 2019, and recommended sweeping reforms to the banking, superannuation and financial services sector. LexisNexis’ suite of publications covering Banking and Finance and Corporations Law, including Austin and Black’s Annotations to the Corporations Act, keeps pace with the raft of amendments to legislation flowing from the Royal Commission and provides ongoing guidance on these reforms from our expert authors.

Building and Construction
Commencement of the 2019 edition of the National Construction Code

FEDERAL

The National Construction Code 2019 came into effect on 1 May 2019 and introduces some significant changes, including new Deemed-to-Satisfy provisions for fire sprinkler systems, and new requirements for accessible adult changing facilities and occupiable outdoor areas. Building Regulation Australia offers up-to-date commentary on the 2019 Code, as well as newly authored guidance on non-conforming building products – especially topical in light of recent high-profile cases such as the Opal Tower in Sydney.

Property
eConveyancing transactions become mandatory

NEW SOUTH WALES

As of 1 July 2019, all standard conveyancing transactions in NSW must be conducted electronically, and all paper Certificates of Title have been digitised. The Practical Guidance: Property module equips practitioners with everything they need to know about eConveyancing and assists subscribers in navigating the mandatory timelines. Guidance written by our team of experts provides the how-to of moving a conveyancing practice online, supplemented with a collection of useful checklists and legislation shortcuts to place everything subscribers need at their fingertips.

Lexis Advance^®️
Five recent enhancements which improve your search experience

We’re excited to tell you about some of the recent updates to Lexis Advance. These enhancements are all designed to save you time and to help you identify the most relevant judgments with greater confidence.

Live Chat Support. Sometimes you just need fast help when you’re running tricky searches. Now you can start online chatting with our real-life, legally trained Research Assistant, Rohan from the top navigation bar in Lexis Advance.
‘Did you mean’ suggested search terms will offer corrections to possible typos in the users terms. The suggested corrections will appear as a link so you can quickly re-run the search.
‘Does not contain’ and ‘Include all terms’ now appear as options within the search results flag. The missing term is indicated via strike through, giving you the option to re-run the search to include all terms as mandatory elements in the query.
Image above: missing terms are shown with a strike through and you can click ‘include all terms’ to re-run the search.
Search within judgments filter helps you to cut through the volume of full text cases to short-list judgments most relevant to your research goals. Now you can look within the full text of the document, or the full text of the judgement, for your search term. This feature was recently introduced within CaseBase^® and is now available within the LawNow Plus Legislation Citator and LexCite documents. The graphical filter interacts with the new field to offer additional parameters to triage the list of cases by court, year, or treatment.

Image above: Using the Search within the full text field, users can narrow the number of results by looking within the full text of the CaseBase^®, LawNow Plus or LexiCite document, or the full text of the judgement.

Full Court Judgments are now distinguished from single-judge cases from the Federal Court and Family Court. The team worked hard on enriching the content, to provide users with the means to isolate full court judgments at various points on the platform.

Narrow search results on the ‘Au Cases’ tab to see only full court judgments.
With the addition of FCAFC and FamCAFC to the ‘Court’ graphical filter in CaseBase tables, users can triage tables of citing and cited cases to see only judgments from those courts.
Image above: an additional layer of analysis is provided by the heatmap with the graphical filter. Where CaseBase® contains details of international cases citing/ cited by a case, users get a cross-jurisdictional view without going to multiple search tabs.

Ask your Learning Consultant for a personal walk-through of any of these new features, in person or via webex.

Contact Your Learning Consultant

New 30-minute webinars for Barristers and Clerks

Gain valuable skills and CPD points (where applicable), from the comfort of your desk.

Dissecting CaseBase for ruthlessly efficient results - refresh your knowledge of the best search methods on Lexis Advance. Understand the algorithm that runs behind the scenes of Lexis Advance and use advanced filters to generate more effective results. Register Here: October 29.
Building your strongest case with Lexis Advance – a walk-through of recently enhanced search features which promote the results you’re looking for, plus tips on keeping the most current Civil Procedure rules at your fingertips. Register here: November 21.
The ideal workflow in 3 steps – mitigating risk when drafting documents, setting alerts to stay abreast of key topics and other tips to improve your efficiency when researching. Register here: November 6.