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The Laws of Australia Updates May 2017

The following Subtitles were updated in May 2017 and are now available on Westlaw AU:

Update 329 – May 2017 

Environment and Natural Resources 14.13 “Petroleum”

Updated by Dr Stephen Tully, Barrister, Sixth Floor, St James’ Hall Chambers and current to 1 March 2017

This update incorporates recent statutory changes to petroleum law primarily in Queensland and Victoria. It reflects the repeal of a number of Queensland statutory provisions concerning onshore petroleum exploration and extraction, in the areas of: retention and production titles; pipeline licences; land available for licences; compensation; and registration of, and dealings with, petroleum titles. In terms of Victoria, the update reflects the replacement of the Petroleum (Submerged Lands) Act 1982 (Vic) with the Offshore Petroleum and Greenhouse Gas Storage Act 2010 (Vic).

Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” (Chs 1, 7–9)

Updated by Julie Planinic and Wayne Lonergan, Directors, Lonergan, Edwards & Associates Limited and current to 1 April 2017

This installment of chapters consider revised case law regarding the valuation of liabilities: see Commissioner of Taxation v Worsnop (2009) 74 ATR 401; [2009] FamCAFC 4; Trustee of the Property of G Lemnos v Lemnos (2009) 223 FLR 53; [2009] FamCAFC 20; valuation of intangible assets: see  Nettler v Nettler [2007] FamCA 1374; Ramon v Ramon [2008] FamCA 324; and the valuation of franchises: see Fraser v Fraser [2013] FamCA 843; Helms v Helms [2016] FamCA 389.

Revenue Law 31.10 “Superannuation Funds and Other Special Entities” (Chs 1, 4–6)

Updated by Ivy Ling, Legal Editor, The Laws of Australia and current to 1 May 2017

These updated chapters concern the law in relation to the taxation of superannuation funds and other special entities. The update includes a discussion of Allen v Federal Commissioner of Taxation (2011) 195 FCR 416; 84 ATR 853; [2011] FCAFC 118, regarding whether a distribution of a capital gain from a fixed trust could constitute non-arm's length income. It also discusses the new taxation of contributions rules contained in Pt 3-30 Divs 291–293 of the Income Tax Assessment Act 1997 (Cth).

June 2017 currently scheduled updates (subject to change):

  • Equity 15.11 “Taking Accounts”
  • Criminal Sentencing 12.10 “Consequences of Conviction”
  • Criminal Sentencing 12.13 “Sentencing Procedure”
ruthmoraes
By Ruth Moraes

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