Family Law 17.3 “Marriage and Nullity”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle provides an overview of the requirements for a valid marriage in Australia, and the grounds upon which a marriage may be void. This update discusses the definition of “marriage” and the formation of marriage. The age requirement in relation to consent is also addressed.

Key Cases: Re Sambucco [2022] VSC 699.
Key Legislation: Family Law (Fees) Regulations 2022 (Cth); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

International Trade 24.4 “International Taxation”
Updated by Miles Hurst, Partner, Baker McKenzie and Alexandra Stead, Senior Associate,
Baker McKenzie

This Subtitle deals with various international aspects relating to income taxation. This update discusses the proposed individual tax residency rules as well as the common law tests to determine the residence status of individuals.

Key Cases: Harding v Federal Commissioner of Taxation (2019) 269 FCR 311; 365 ALR 286; [2019] FCAFC 29; Duff v Federal Commissioner of Taxation (2022) 115 ATR 388; [2022] AATA 3675.
Key Legislation: Treasury Laws Amendment (Making Multinationals Pay Their Fair Share – Integrity and Transparency) Bill 2023 (Cth).

Torts 33.8 “Trespass and Intentional Torts”
Updated by Dr Simon J Allison, Alumnus and Member, Queens’ College, University of Cambridge

This Subtitle deals with trespass and certain actions on the case where intention is an essential element. This update distinguishes intention from motive, malice and desire, and discusses recovery of damages and causation. Trespass to land is an area which has been substantially updated.

Key Cases: New South Wales v Madden [2024] NSWCA 40; New South Wales v Spedding [2023] NSWCA 180; Doerr v Gardiner [2023] QCA 160; BA v The King (2023) 275 CLR 128; 97 ALJR 358; [2023] HCA 14.

Torts 33.9 “Defences”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia

This Subtitle examines the defences available for intentional torts and for negligence generally. This update discusses the legal authority which may provide powers of entry onto land, the power to arrest or detain people or to seize property.

Key Cases: Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020; Thoms v Commonwealth (2022) 276 CLR 466; 96 ALJR 635; [2022] HCA 20; Tasmania v Hodges (2022) 34 Tas R 204; [2022] TASSC 45.
Key Legislation: Mental Health and Wellbeing Act 2022 (Vic).

Unfair Dealing 35.2 “Misrepresentation”
Updated by Samuel Burt, Member, Victorian Bar

This Subtitle deals with innocent misrepresentations and fraudulent misrepresentations (also known as “deceit”) at common law and in equity.

Currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.8 “Indigenous Cultural and Intellectual Property”
• Revenue Law 31.4 “Deductions”
• Revenue Law 31.11 “International Aspects”