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The Laws of Australia Update 362

Content updates

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

Contract: General Principles 7.8 “Discharge”; Criminal Sentencing 12.8 “Post-custodial Orders”; Dispute Resolution 13.3 “Expert Determination”; Dispute Resolution 13.5 “Mini-trial”; Family Law 17.5 “Domestic Violence”; Labour Law 26.6 “Regulation of Industrial Organisations”; Revenue Law 31.2 “Income from Business and Isolated Activities”; Sport and Leisure 32.4 “Liability”

Contract: General Principles 7.8 “Discharge”
Updated by Dr Ben McEniery, Barrister-at-Law, Deane Chambers

This Subtitle deals with the circumstances in which the parties to a contract may be discharged from obligations under a contract while it is still executory. This update discusses the enacted Victorian legislation which deals with the consequences of frustration.

Key Legislation: Australian Consumer Law and Fair Trading Act 2012 (Vic).

Criminal Sentencing 12.8 “Post-custodial Orders”
Updated by Professor Mirko Bagaric, Dean, School of Law, Swinburne University of Technology

This Subtitle concentrates on the major post-custodial orders available under Australian law. This update discusses the role of parole boards in Queensland and Tasmania, as well as a sentencing court’s ability in the Australian Capital Territory to combine an order for actual imprisonment with imprisonment by way of periodic detention to follow.

Key Legislation: Crimes (Sentencing) Act 2005 (ACT); Corrective Services Act 2006 (Qld); Sentencing Act 2017 (SA); Corrections Regulations 2019 (Vic).

Dispute Resolution 13.3 “Expert Determination”
Updated by Amanda Carruthers, Barrister, Victorian Bar

This Subtitle covers the processes and rules involved in expert determination and the application of this method of dispute resolution. This update discusses early neutral evaluation, in relation to the COVID-19 pandemic, as well as the appointment of referees by courts.

Key Cases: Jahani v Federal Commissioner of Taxation [2020] FCA 1642; Brady Queen Pty Ltd v 280 Queen Street Pty Ltd (No 3) [2019] VSC 307.
Key Legislation: Uniform Civil Rules 2020 (SA).

Dispute Resolution 13.5 “Mini-trial”
Updated by Louise Martin, Barrister, Victorian Bar

This Subtitle is concerned with the mini-trial as a form of alternative dispute resolution. This update discusses the origin of the mini-trial in the United States and its development in New Zealand and Australia, specifically Victoria.

Family Law 17.5 “Domestic Violence”
Updated by Rachell Davey, Partner, Lander & Rogers Lawyers

This Subtitle discusses the topic of domestic violence, in particular, the principal legal responses of injunctions and protection orders. This update reveals 2019 statistical data on the number of Australians who have experienced physical or sexual violence and discusses the National Domestic Violence Registration Scheme.

Key Legislation: Family Violence Act 2016 (ACT).

Labour Law 26.6 “Regulation of Industrial Organisations”
Updated by Dr Victoria Lambropoulos, Barrister, Victorian Bar

This Subtitle discusses the federal legislation concerning organisations. This update discusses the Registered Organisation Commission, which has the principle responsibilities with respect to registered organisations under the Fair Work (Registered Organisations) Act 2009 (Cth). It also features commentary on the ability of the Commissioner to make inquiries into whether a registered organisation is complying with its accounting and auditing obligations, as well as the most recent significant reform to the regulation of registered organisations, the Fair Work (Registered Organisations) Amendment Act 2016 (Cth).

Key Legislation: Fair Work (Registered Organisations) Act 2009 (Cth); Fair Work (Registered Organisations) Amendment Act 2016 (Cth).

Revenue Law 31.2 “Income from Business and Isolated Activities”
Updated by Professor Robin H Woellner, Adjunct Professor, University of New South Wales

The focus of this Subtitle is the taxation of business income and the proceeds of isolated and extraordinary activities under the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth). This update discusses the principles established in Commissioner of Taxation v Myer Emporium Ltd (1987) 163 CLR 199; 61 ALJR 270, and subsequent cases such as Greig v Federal Commissioner of Taxation [2020] FCAFC 25, in relation to both business and non-business taxpayers.

Key Cases: Greig v Federal Commissioner of Taxation [2020] FCAFC 25; Victoria Power Networks Pty Ltd v Federal Commissioner of Taxation [2020] FCAFC 169.
Key Legislation: Income Tax Assessment Act 1997 (Cth); Income Tax Assessment Act 1936 (Cth).

Sport and Leisure 32.4 “Liability”
Updated by Craig Dickson, PhD Candidate, University of Melbourne

This Subtitle covers the liability of various participants in the context of sport and recreation. This update discusses the code of conduct of players, in relation to racial abuse and other forms of harassment including the appropriate use of social media. Also discussed is the possibility of an umpire being held liable for the safety of a competitor.

Key Cases: Beaumaris Football Club v Hart [2017] VSCA 226.

Update 363 currently scheduled updates (subject to change):

  • Contract: General Principles 7.4 “Terms”
  • Environment and Natural Resources 14.15 “Space Mining” (NEW)
  • Family Law 17.1 “Jurisdiction”
  • Family Law 17.7 "Parenting Orders and Related Matters" 
  • Family Law  17.9 "Adoption of Children"


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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