Skip to main content

The Laws of Australia Update 354

/
Content updates

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

Aboriginal and Torres Strait Islander Peoples 1.7 “International Law”; Family Law 17.3 “Marriage and Nullity”; Family Law 17.6 “Status of Children and Parental Rights and Responsibilities”; Family Law 17.12 “Maintenance in Marital and De Facto Relationships”; Family Law 17.17 “Property and Financial Adjustment in De Facto and Domestic Relationships”; Intellectual Property 23.3 “Circuit Layouts”

Aboriginal and Torres Strait Islander Peoples 1.7 “International Law”
Updated by Professor Thalia Anthony, Professor in Law, University of Technology Sydney and Dr Dorothea Anthony, Lecturer in Law, University of Wollongong

This Subtitle deals with international law of relevance to Aboriginal and Torres Strait Islander peoples. This extensive update discusses the Australian government’s outlined initiatives to address family violence against Indigenous women, to provide Indigenous women with legal support, to assist Indigenous people with disabilities and in transitioning from incarceration to employment.

Key Cases: Love v Commonwealth [2020] HCA 3.
Key Legislation: Human Rights Act 2019 (Qld).

Family Law 17.3 “Marriage and Nullity”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle gives an account of the requirements for celebrating a valid marriage in Australia, and the grounds upon which a marriage may be found to be void. This update features commentary on the updated definition of “marriage” to include same sex couples. Also discussed is Walton v Esposito [2016] FamCA 336, which involved the nullity of a marriage on the basis it was procured by fraud. Mistake involving deception or misunderstanding was raised in Garner v Lee [2011] FamCA 1000 and is discussed at length.

Key Cases: Walton v Esposito [2016] FamCA 336; Garner v Lee [2011] FamCA 1000,
Key Legislation: Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth); Marriage Age 1961 (Cth).

Family Law 17.6 “Status of Children and Parental Rights and Responsibilities”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle examines generally the rights of parents and children and the legal relationship between them. This update discusses parental orders, as well as custody and parental responsibility. The terms “guardianship” and “custody” in the child protection legislation are also defined.

Key Cases: Doherty v Doherty [2016] FamCAFC 182; Mellick v Mellick [2014] FamCAFC 236; Goode v Goode (2006) 206 FLR 212; [2006] FamCA 1346.
Key Legislation: Family Law Act 1975 (Cth); Surrogacy Act 2010 (NSW); Children, Youth and Families Act 2005 (Vic).

Family Law 17.12 “Maintenance in Marital and De Facto Relationships”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle deals with the reciprocal maintenance obligations imposed on spouses and de facto partners by Pts VIII and VIIIAB of the Family Law Act 1975 (Cth). Spousal maintenance is the main focus of this update, especially in-depth discussion of Atkins v Hunt [2016] FamCAFC 230.

Key Cases: Atkins v Hunt [2016] FamCAFC 230; Hall v Hall (2016) 257 CLR 490; 90 ALJR 695; [2016] HCA 23; Keach v Keach [2011] FamCA 192; Hogan v Hogan [2008] FamCA 41.

Family Law 17.17 “Property and Financial Adjustment in De Facto and Domestic Relationships”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle gives an account of the ambit of statutory jurisdiction affecting financial claims and financial agreements between de facto partners and, in some jurisdictions, parties to other domestic relationships. The main focus of this update discusses the definition of “domestic relationship”.

Key Cases:  Wakim v Wakim [2017] NSWSC 1283; Jonah v White (2011) 258 FLR 236; [2011] FamCA 221.
Key Legislation: Civil Unions Act 2012 (ACT).

Intellectual Property 23.3 “Circuit Layouts”
Updated by Professor Andrew F Christie, Chair of Intellectual Property, Melbourne Law School, University of Melbourne and Brendan Clift, Teaching Fellow, Melbourne Law School, University of Melbourne

This Subtitle describes the nature and extent of exclusive rights given by the Circuit Layouts Act 1989 (Cth) in respect of certain layouts for integrated circuits. This update features extensive coverage on the areas of authorisation and acts done in relation to a “substantial part” of an eligible layout.

Key Cases: Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd (2018) 137 IPR 189; [2018] FCA 1807.
Key Legislation: Circuit Layouts Act 1989 (Cth).

Update 355 currently scheduled updates (subject to change):

  • Civil Procedure 5.2 “Pleadings and Amendment”
  • Family Law 17.4 “Divorce"
  • Family Law 17.19 "Family Court Orders"
  • Revenue Law 31.15 “Stamp Duties"
  • Transport 34.3 "Shipping"
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.

Speak to a consultant

Can't find an answer to your question?
Contact our support team.

Request training

Contact our team to arrange training.

Tell us what you think

We'd love to hear what you think
of our products and support.