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The Laws of Australia Update 355

Content updates

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

Bankruptcy 3.2 “Bankruptcy Administration"; 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” 

Bankruptcy 3.2 "Bankruptcy Administration”
Updated by Michael Murray, Principal, Murrays Legal

This Subtitle examines the functions and powers of the officers and bodies that administer the bankruptcy legislation. This update discusses the functions of the Official Trustee and Inspector-General in Bankruptcy, and the process involved where a registered trustee applies for a renewal of their registration.   

Key Legislation: Bankruptcy Act 1966 (Cth); Insolvency Practice Schedule (Bankruptcy).

Civil Procedure 5.2 “Pleadings and Amendment”
Updated by William Prizeman, Barrister, Legal Aid Queensland

This Subtitle discusses pleadings, which set the foundation for disputes that are to proceed to trial. This update features commentary on the Federal Court Rules 2011 (Cth) and discusses the circumstances in which leave to amend an originating application or cross-claim may be granted.

Key Cases:  Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298; [2015] FCAFC 25.
Key Legislation: Federal Court Rules 2011 (Cth); Court (General Civil Procedure) Rules 2015 (Vic).

Family Law 17.4 “Divorce”
Updated by Lance Rundle, Lecturer in Law, School of Business and Law, CQUniversity Australia

This Subtitle deals with divorce in the strict legal sense, which is the process by which the marriage tie is dissolved. This update examines the meaning of “separation” in s 48(2) of the Family Law Act 1975 (Cth), as well as what the court considers in determining if arrangements for the protection of children are “proper” when divorces proceeds.

Key Cases: In Marriage of Maunder (1999) 153 FLR 272; [1999] FamCA 1430.
Key Legislation: Family Law Act 1975 (Cth).

Family Law 17.19 “Family Court Orders”
Updated by Professor Mirko Bagaric, Dean of Law, School of Law, Swinburne University

This Subtitle examines the principles of law that relate to the enforcement of decrees made under the Family Law Act 1975 (Cth) and the sanctions that apply for non-compliance with such orders. The main focus of this update is discussion of child support orders.

Key Cases:  Director-General, Department of Communities, Child Safety and Disability Services v Pelt [2012] FamCA 343.
Key Legislation: Family Law Act 1975 (Cth); Child Support (Registration and Collection) Act 1988 (Cth); Federal Circuit Court of Australia Act 1999 (Cth).  

Revenue Law 31.15 “Stamp Duties”
Updated by Dr David Morrison, Barrister-at-Law, Supreme Court of Queensland

This Subtitle comprehensively outlines the imposition of stamp duty on various instruments and transactions in the States and Territories. This update provides comparative general conveyance duty rates.

Key Cases: ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue (NSW) (2012) 245 CLR 338; 86 ALJR 287; [2012] HCA 6.
Key Legislation: Duties Act 1997 (NSW); A New Tax System (Luxury Car Tax) Act 1999 (Cth).

Transport 34.3 “Shipping”
Updated by John Livermore, Graded Arbitrator, Resolution Institute

This Subtitle provides a commentary on Australian law relating to all aspects of maritime and shipping law except matters concerning admiralty jurisdiction. This update discusses in detail the International Convention for the Prevention of Pollution from Ships (MARPOL 1973) (1973) 12 ILM 1319; [1988] ATS 29.

Key Cases:  Offshore Marine Services Alliance Pty Ltd v Leighton Contractors Pty Ltd (2017) 252 FCR 574; [2017] FCA 333; Bahamas Oil Refining Co International Ltd v The Owners of the Cape Bari Tankschiffahrts GMBH & Co KG (The “Cape Bari”) [2016] UKPC 20.

Update 356 currently scheduled updates (subject to change):

  • Aboriginal and Torres Strait Islander Peoples 1.6 “Civil Justice Issues”
  • Communications 6.3 “Injurious Falsehood”
  • Family Law 17.11 “Child Support"
  • Revenue Law 31.13 “Planning and Anti-avoidance Measures”
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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