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The Laws of Australia Updates September 2015

The following Subtitles were updated in September 2015 and are now available on Westlaw AU:

Family Law 17.13 “Property: General Principles”

Updated by William Stidston, Senior Associate and Accredited Family Law Specialist, Westminster Lawyers

Recent developments in Bevan v Bevan [2013] FamCAFC 116 comment on the High Court’s earlier decision in Stanford v Stanford [2012] HCA 52 to confirm that property is broadly defined in the Family Law Act 1975 (Cth) and that both the ordinary rules of law and equity are applicable to it. “Notional property” is unlikely to constitute the “property of the parties to the marriage” and is thus not able to be altered by s 79 of the Act.

Health and Guardianship 20.6 “Consent”

Updated by Ruth Moraes, Legal Editor, The Laws of Australia

This update addresses the changes in legislation concerning consenting to medical treatment, especially regarding advance personal plans or advance care directives as a result of the Advance Personal Planning Act 2013 (NT), Public Guardian Act 2014 (Qld) and the Advance Care Directives Act 2013 (SA). This Subtitle also discusses legislative changes in other jurisdictions.

Revenue Law 31.14 “Calculation of Tax Payable”

Updated by Ivy Ling, Legal Editor, The Laws of Australia

This update addresses recent changes to the calculation of tax payable by residents and non-residents in light of the introduction of the budget repair levy, various Federal Budget announcements and passage of recent tax legislation including the Labor 2013-14 Budget Savings (Measures No 1) Act 2015 (Cth). This Subtitle also discusses recent changes to Family Tax Benefit payments, Child Care Benefits (including a new proposed Child Care Subsidy) and the implications of the abolishment of various dependency offsets from 1 July 2014.

Torts 33.4 “Product Liability”

Updated by Michael Denahy, Solicitor, Supreme Court of New South Wales

Product liability covers the range of remedies available to individuals based on loss or damage caused by defective products. This subtitle discusses the range of remedies and whether the manufacturer or supplier is liable on each occasion.

October 2015 currently scheduled updates (subject to change):

9 Criminal Law Principles 9.4 "Extradition and Mutual Assistance in Criminal Matters" (new subtitle)

12 Criminal Sentencing 12.5 "Non-custodial Orders"

21 Human Rights 21.6 "Justice"

By Adam Dallas

Adam Dallas is a Legal Editor with The Laws of Australia encyclopaedia.

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