Criminal Law Principles 9.1 “The Criminal Laws”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle focuses on the fundamental precepts from which the criminal laws proceed. This update discusses the scope and content of Australian criminal offences and the components of recklessness.

Key Legislation: Human Rights Act 2019 (Qld).

Criminal Sentencing 12.2 “Relevant Factors”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle is concerned with factors that are relevant to determining sentences for offences generally, rather than factors that have particular relevance for specific offences. This update discusses the relevance of gender identity in some cases.

Key Cases: Packard (a pseudonym) v The Queen (2022) 300 A Crim R 55; [2022] VSCA 128; Totaan v The Queen (2022) 108 NSWLR 17; 365 FLR 69; [2022] NSWCCA 75.

Equity 15.9 “Compensation and Damages”
Updated by David Wright, Barrister and Solicitor

This Subtitle covers compensation in equity, including matters of jurisdiction, the object of the remedy, recoverable heads of damage, factors limiting compensation and factors relevant in the assessment of compensation. This update discusses in detail AHRKalimpa Pty Ltd v Schmidt (No 3) [2019] VSC 197 and the principles of causation.

Key Cases: Xiao v BCEG International (Australia) Pty Ltd (2023) 111 NSWLR 132; [2023] NSWCA 48; Lewis v Australian Capital Territory (2020) 271 CLR 192; 94 ALJR 740; [2020] HCA 26; AHRKalimpa Pty Ltd v Schmidt (No 3) [2019] VSC 197; Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd [2020] NSWSC 254.

Equity 15.13 “Trusts”
Updated by Yanni Goutzamanis, Barrister, List A Barristers, Victorian Bar

This Subtitle features the basic distinguishing features of express, resulting and constructive trusts. This update addresses the role and powers of an executor, as well as the burden of proof needed to be proven in relation to the creation of a trust. The termination of a trust is also discussed.

Key Cases: Bosanac v Commissioner of Taxation (2022) 275 CLR 37; 96 ALJR 976; [2022] HCA 34; Re Courtenay House Capital Trading Group Pty Ltd (in liq) (2018) 125 ACSR 149; [2018] NSWSC 404.

Family Law 17.16 “Financial Agreements and Consent Arrangements”
Updated by Genevieve Morgan, Principal and Family Law Accredited Specialist, Barry Nilsson

This Subtitle deals with the range of financial agreements and consent arrangements available to parties who wish to finalise their terms of settlement in a manner provided for pursuant to the Family Law Act 1975 (Cth). This update discusses the status of private financial agreements between parties to a marriage, as well as appeals from consent orders.

Key Cases: Melville v Melville (2020) FLC 93- 985; Thorne v Kennedy (2017) 263 CLR 85; 91 ALJR 1260; [2017] HCA 49; Maine v Maine (2016) 56 Fam LR 500; [2016] FamCAFC 270.
Key Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Human Rights 21.8 “Families and Education”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University

This Subtitle examines Australia’s obligations according to international human rights statements, proclamations and provisions concerning families and education affecting, directing or governing Australian domestic law. This Subtitle features commentary on adoption as well as children’s rights.

Key Legislation: Human Rights Act 2019 (Qld).

Human Rights 21.9 “Discrimination”
Updated by P T Babie FRSA FAAL, Associate Member, Law Society of South Australia 

This Subtitle examines the provisions of the Commonwealth, State and Territory anti-discrimination legislation, except for those provisions relating to employment. This update refers to discrimination in relation to COVID-19 vaccinations in Kimber v Sapphire Coast Community Aged Care Ltd (2021) 310 IR 21; [2021] FWCFB 6015.

Key Cases: Ryan v Commissioner of Police (NSW) (2022) 290 FCR 369; 314 IR 75; [2022] FCAFC 36; Kimber v Sapphire Coast Community Aged Care Ltd (2021) 310 IR 21; [2021] FWCFB 6015.
Key Legislation: Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth).

Human Rights 21.12 “Gender, Sexuality and Discrimination”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University

This Subtitle deals with the capacity for official control of relationships and personal capacity. The rights of sperm donors was raised in Masson v Parsons (2019) 266 CLR 554; 93 ALJR 848; [2019] HCA 21, which is discussed in this update.

Key Cases: Masson v Parsons (2019) 266 CLR 554; 93 ALJR 848; [2019] HCA 21.
Key Legislation: Surrogacy Act 2019 (SA).

Revenue Law 31.10 “Superannuation Funds and Other Special Entities” 
Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle describes the taxation of superannuation funds, approved deposit funds and pooled superannuation trusts. This update discusses the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill (NALE Bill), which was introduced in September 2023. The rules for the taxation of death benefits are also featured.

Key Legislation: Income Tax Assessment (1997 Act) Regulations 2021 (Cth).

Torts 33.2 “Negligence”
Updated by Samuel Burt, Barrister, Dawson Chambers

This Subtitle examines in detail the principles governing the law of negligence. This update discusses the special provisions regarding inherent risks and obvious risks in dangerous recreational activities, as well as non-delegable duty of care, specifically in cases of sexual abuse in institutional settings.

Key Cases: CCIG Investments Pty Ltd v Schokman (2023) 97 ALJR 551; 324 IR 452; [2023] HCA 21; Kaplan v Victoria (No 8) [2023] FCA 1092; Bird v DP (2023) 69 VR 408; 323 IR 174; [2023] VSCA 66; Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd (2022) 273 CLR 454; 96 ALJR 337.
Key Legislation: Personal Injuries (Liabilities and Damages) Amendment Act 2022 (NT).

Currently scheduled updates (subject to change):

• Equity 15.12 “Delivery Up, Cancellation and Rectification”
• Transport 34.4 “Admiralty”
• International Trade 24.2 “Foreign Investment”