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The Laws of Australia Update 342

Content updates

The following Subtitles are now updated and available on Westlaw AU:

Equity 15.6 "Specific Performance"; Equity 15.11 "Taking Accounts"; Human Rights 21.7 "Life, Health and Welfare"; Real Property 28.15 "Physical Limits to Land"

Equity 15.6 “Specific Performance”
Updated by Professor Samantha J Hepburn, Professor, School of Law, Deakin University

“Specific performance” is a decree of the court which compels a defendant to perform obligations under an agreement, normally a contract. This update features commentary on Pipikos v Trayans [2018] HCA 39 which confirmed that the doctrine of part performance only arises where the acts of performance are unequivocally referable to an agreement to confer an interest in land.

Key Cases: Pipikos v Trayans [2018] HCA 39.

Equity 15.11 “Taking Accounts”
Updated by David Wright, Senior Lecturer, School of Law, University of Adelaide

An action for account is an equitable remedy which is available to give effect to an equitable right or, in certain circumstances, in aid of a common law right. This update features in-depth commentary about Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43, which discusses the causal link applying to accounts of profit for breaches of fiduciary duty.

Key Cases: Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43.

Human Rights 21.7 “Life, Health and Welfare”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University

This Subtitle identifies, defines and analyses provisions that seek to recognise and implement, into Australian domestic law, the international law concepts of the right to life, the right to health and the right to welfare. This update discusses the Voluntary Assisted Dying Act 2017 (Vic) which enables terminally ill people to access lethal drugs to end their lives. Also featured is commentary on the progress made in improving the standard of living of Indigenous Australians as well as details on the funding of the National Housing and Homelessness Agreement.

Key Legislation: Voluntary Assisted Dying Act 2017 (Vic).

Real Property 28.15 “Physical Limits to Land”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle deals with legal aspects of the physical limits of land. This update includes commentary on the positions of the Australian Capital Territory and Victoria in relation to obtaining authorisation for boundary fencing.

Key Legislation: Common Boundaries Act 1981 (ACT); Crown Land Management Act 2016 (NSW); Encroachment of Buildings Act 1982 (NT); Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld); Fences Act 1968 (Vic).

Update 343 currently scheduled updates (subject to change):

  • Criminal Offences 10.2 “Assault and Related Offences”
  • Equity 15.8 “Injunctions”
  • Real Property 28.6 “Rules against Perpetuities”
By The Laws of Australia

The Laws of Australia (TLA) team is a group of legally trained editors working exclusively on Thomson Reuters’ legal encyclopaedia.

TLA editors are particularly dedicated to maintaining the accuracy and currency of the encyclopaedia, ensuring it is a relevant research tool for both students and practitioners. TLA covers over 300 separate areas of law across all Australian jurisdictions, making it the ideal starting point for researching unfamiliar areas of the law.

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