The Laws of Australia Update 356
Aboriginal and Torres Strait Islander Peoples 1.6 “Civil Justice Issues”
Updated by Adjunct Professor George Newhouse, Director, National Justice Project
This Subtitle discusses civil justice issues of particular relevance to Aboriginal and Torres Strait Islander peoples. This update addresses the question of how to calculate compensation payable, as discussed in Northern Territory v Griffiths (2019) 93 ALJR 327;  HCA 7.
Key Cases: Northern Territory v Griffiths (2019) 93 ALJR 327;  HCA 7; Australian Competition and Consumer Commission v Birubi Art Pty Ltd (in liq) (No 3)  FCA 996.
Key Legislation: Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019 (Cth).
Communications 6.3 “Injurious Falsehood”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers
This Subtitle outlines the law regarding injurious falsehood with particular attention being paid to the differences between this action and the civil action for defamation. This update features discussion on malice in relation to injurious falsehood and defamation.
Key Cases: Commonwealth Bank of Australia v Kojic (2016) 249 FCR 421;  FCAFC 186; Beechwood Homes (NSW) Pty Ltd v Camenzuli  NSWSC 521.
Family Law 17.11 “Child Support”
Updated by Professor Mirko Bagaric, Dean of Law, School of Law, Swinburne University of Technology
This Subtitle deals with the administrative assessment and enforcement of child support under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth). This update features indexed figures for the Costs of the Children Table, which are published annually by the Child Support Agency.
Key Legislation: Child Support (Assessment) Act 1989 (Cth).
Professional Liability 27.3 “Legal Practitioners”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers
This Subtitle focuses on the duty of care owed by legal practitioners to clients, third parties and to the court. This update discusses the circumstances in which a conflict of interest can arise, as well as the doctrine of immunity.
Key Cases: Barflys Nominees Pty Ltd v Kliger Partners  VSCA 256; Fingal Pastoral Pty Ltd v Page Seager Lawyers  TASSC 48; Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1; 90 ALJR 572;  HCA 16.
Key Legislation: Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).
Revenue Law 31.13 “Planning and Anti-avoidance Measures”
Updated by Miles Hurst, Partner, Baker McKenzie and Alexandra Stead, Senior Associate, Baker McKenzie
This Subtitle discusses the two types of anti-avoidance provisions: the general anti-avoidance provisions in Pt IVA of the Income Tax Assessment Act 1936 (Cth) and numerous specific anti- avoidance provisions throughout the legislation. This update features in-depth discussion of Federal Commissioner of Taxation v Macquarie Bank Ltd (2013) 210 FCR 164; 88 ATR 708;  FCAFC 13 and Channel Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation (2015) 232 FCR 162; 321 ALR 261;  FCAFC 57, which were instrumental in the Commissioner of Taxation issuing an addendum to Taxation Ruling TR 2004/11 in 2019.
Key Cases: Federal Commissioner of Taxation v Macquarie Bank Ltd (2013) 210 FCR 164; 88 ATR 708;  FCAFC 13; Channel Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation (2015) 232 FCR 162; 321 ALR 261;  FCAFC 57.
Key Legislation: Income Tax Assessment Act 1936 (Cth).
Update 357 currently scheduled updates (subject to change):
- Business Organisations 4.3 “Company Finance”
- Business Organisations 4.7 “Company Winding Up”
- Environment and Natural Resources 14.11 “Fisheries”
- Finance, Banking and Securities 18.7 “Derivatives”
- Revenue Law 31.12 “Administration”