The Laws of Australia Updates February 2015
The following Subtitles were updated in February 2015 and are now available on Westlaw AU:
Finance, Banking and Securities 18.10 “Consumer Finance”
Updated by Dr Oren Bigos, Barrister, Victorian Bar
The ePayments Code replaced the Electronic Funds Transfer Code of Conduct as of September 2011. It regulates electronic payments made using ATM, EFTPOS, credit cards, online payments, internet and mobile banking, and BPAY. It is self-regulated and administered by ASIC.
Updated by Elizabeth Raper, Barrister, Supreme Court of New South Wales and Chris Ronalds, Barrister, Supreme Court of New South Wales; Senior Counsel, New South Wales Bar
This Subtitle contains updated references to legislation relevant to human rights machinery such as the Federal Court Rules 2011 (Cth) and the Civil and Administrative Tribunal Act 2013 (NSW).
Real Property 28.16 “Possession”
Updated by Christopher Tran, Barrister, Victorian Bar
Case law such as Bride v Shire of Katanning [2013] WASCA 154 draws a distinction between actual possession and the right to possession. The right to possession is a legally enforceable right to have actual possession. Various changes have also been made to the State and Territory limitation statutes in regard to adverse possession and suspending limitation periods in the event of fraud or fraudulent concealment.
Revenue Law 31.3 “Income from Property”
Updated by Adam Ahmed, Solicitor, Supreme Court of NSW; Chartered Accountant; Principal, Adam Ahmed
This subtitle has been updated to include discussions on interest, royalties and rent and like payments with reference to Australia’s tax treaties, the International Tax Agreements Act 1953 (Cth) and the International Tax Agreements Amendment Act (No 1) 2010 (Cth).
Transport 34.2 “Aviation” Chapter 13
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research
The International Air Transport Association (IATA), which is a trade association of international and domestic airlines, manages IATA Flex Fares which is an e-tariff online voting platform for producing fully flexible fares with an interlining premium for most routes worldwide within the context of competition laws and subject to government approvals.
March 2015 currently scheduled updates:
- 11 Criminal Procedure 11.6 “Pre-trial Procedure”
- 13 Dispute Resolution 13.2 “Mediation and Conciliation”
- 19 Government 19.3 “Executive”
- 31 Revenue Law 31.7 “Partnerships”
- 34 Transport 34.2 “Aviation” Ch 14
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