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The Laws of Australia Update 363

Content updates

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

Environment and Natural Resources 14.15 “Space Mining”; Family Law 17.1 “Jurisdiction”; Family Law 17.7 “Parenting Orders and Related Matters”; Family Law 17.9 “Adoption of Children”; Health and Guardianship 20.3 “Institutional and Professional Liability”; Revenue Law 31.5 “Tax Accounting and Trading Stock”; Revenue Law 31.12 “Administration”; Sport and Leisure 32.5 “Discrimination in Sport” 

Environment and Natural Resources 14.15 “Space Mining”
By Dr Andrew J Cannon AM FAAL, Adjunct Professor, Adelaide University Law School

This new Subtitle discusses the likelihood of mining in space and the need to provide a clear title and regulatory regime. The progress and technological advances made in this field are discussed, as well as the Antarctic Treaty (1959) 402 UNTS 71; [1961] ATS 12 and the United Nations Convention on the Law of the Sea (UNCLOS) (1982) 1833 UNTS 3; [1994] ATS 31, which provide alternative approaches to mining in areas not controlled by nation states.

The Subtitle also discusses the development of the international legal regime in outer space by the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) (1967) 610 UNTS 205; [1967] ATS 24, the Convention on International Liability for Damage Caused by Space Objects (Liability Convention) (1972) 961 UNTS 187; [1975] ATS 5 and the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement) (1979) 1363 UNTS 3; [1986] ATS 14.

The international groups working on proposals for an international regime, as well as the necessity of clarity of title issues and enforceable regulation, are also discussed.

Family Law 17.1 “Jurisdiction”
Updated by Aisling Clifford, Special Counsel and Accredited Specialist in Family Law, Coote Family Lawyers

This Subtitle examines jurisdictional questions as they relate generally to family law in Australia. This update explores the definition of a “de facto relationship” and addresses the application process for a parenting order.

Key Legislation: Family Law Act 1975 (Cth).

Family Law 17.7 “Parenting Orders and Related Matters”
Updated by Alexandra Jane Finemore, Barrister, Victorian Bar

This Subtitle deals with the making of parenting and other orders in relation to the care, welfare and development of children, with the exception of orders for maintenance. This update discusses Ruth v Hutton [2011] FamCAFC 99, which involved sexual abuse allegations against one parent. The circumstances in which a court may authorise gender reassignment surgery to benefit a child’s psychological well-being is also addressed.

Key Cases: Masson v Parsons (2019) 93 ALJR 848; [2019] HCA 21; Re Kelvin (2017) 327 FLR 15; [2017] FamCAFC 258; Re Jamie (2013) 278 FLR 155; [2013] FamCAFC 110; Ruth v Hutton [2011] FamCAFC 99.
Key Legislation: Family Law Act 1975 (Cth); Family Law Amendment (Family Violence and Other Measures) Act 2018 (Cth).

Family Law 17.9 “Adoption of Children”
Updated by Kate M Boileau, Barrister

Adoption aims to promote the interests, rights and welfare of adopted children through the alteration of legal relationships between the child and certain adults. This update covers the significant changes to adoption law which have occurred in recent years, such as the passing of the Adoption (Review) Amendment Act 2016 (SA), as well as discussion of adoption agencies and service providers, and the legal effect of adoption.

Key Legislation: Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020 (NSW); Adoption (Review) Amendment Act 2016 (SA); Adoption Act 2000 (NSW).

Health and Guardianship 20.3 “Institutional and Professional Liability”
Updated by Christoph Liedermann, Barrister, Chalfont Chambers

This Subtitle examines how general principles of civil and criminal liability relate to health care institutions and health care professionals. This update discusses the National Health (Privacy) Rules 2018 (Cth), the Health Practitioner Regulation National Law, the International Council of Nurses, the Australian Dental Association and the Optometry Board of Australia.

Key Legislation: National Health (Privacy) Rules 2018 (Cth); Work Health and Safety Act 2011 (Cth).

Revenue Law 31.5 “Tax Accounting and Trading Stock”
Updated by Louise J Martin, Barrister, Victorian Bar

The focus of this Subtitle is on the rules under which assessable income and allowable deductions are quantified for a particular year under the Income Tax Assessment Act 1997 (Cth). This update discusses Blank v Federal Commissioner of Taxation (2016) 258 CLR 439; 91 ALJR 14; [2016] HCA 42, which involved a lump sum that was paid in instalments to a taxpayer, pursuant to an employee profit participation agreement.

Key Cases: Blank v Federal Commissioner of Taxation (2016) 258 CLR 439; 91 ALJR 14; [2016] HCA 42; Lewski v Federal Commissioner of Taxation (2017) 254 FCR 14; 106 ATR 566; [2017] FCAFC 145.

Revenue Law 31.12 “Administration”
Updated by Professor Robin H Woellner, Adjunct Professor, James Cook University

This Subtitle examines the key elements of tax administration in Australia, in the context of income tax. This update discusses the process to register as a tax or BAS agent or tax (financial) adviser.

Key Cases: Deputy Commissioner of Taxation v Buzadzic (2019) 348 FLR 213; [2019] VSCA 221; Bosanac v Federal Commissioner of Taxation (2019) 267 FCR 169; [2019] FCAFC 116.
Key Legislation: Treasury Laws Amendment (2018 Measures No 4) Act 2019 (Cth).

Sport and Leisure 32.5 “Discrimination in Sport”
Updated by Craig Dickson, PhD Candidate, University of Melbourne

This Subtitle examines the operation of the law at the federal, State and Territory level in the context of playing, coaching and umpiring, and the administration of sport. This update discusses sex discrimination in sport.

Key Legislation: Sex Discrimination Act 1984 (Cth); Equal Opportunity Act 2010 (Vic).

Update 364 currently scheduled updates (subject to change):

  • Civil Procedure 5.10 "Limitation of Actions"
  • Criminal Law Principles 9.2 "Ancillary Liability"
  • Health and Guardianship 20.1 "Health Rights and Responsibilities" 
  • Health and Guardianship 20.7 "Confidentiality and Health Information Privacy"
  • Real Property 28.13 "Easements"
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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