Updates to The Laws of Australia
Bankruptcy 3.6 “Interim Control by Trustee before Sequestration”
Updated by Michael Murray, Research Affiliate, University of Sydney Law School
This Subtitle examines the procedure whereby a trustee can take interim control of a debtor’s property prior to sequestration. This update discusses a trustee’s appointment under s 50 of the Bankruptcy Act 1966 (Cth) in relation to the payment of remuneration.
Key Cases: Corporation of the City of Adelaide v Cosenza (No 2) [2024] FCA 1174.
Key Legislation: Bankruptcy Regulations 2021 (Cth).
Family Law 17.2 “Professional Ethics”
Updated by Rachell Davey, Partner, Lander & Rogers Lawyers
This Subtitle examines ethics in family law. This update discusses Ogilvie v Farnam [2024] FedCFamC2F 793, where a wife sought an injunction restraining a law firm AB from acting on behalf of the husband due to a perceived conflict of interest. Central Practice Direction: Family Law Case Management is also discussed.
Key Cases: Ogilvie v Farnam [2024] FedCFamC2F 793; Charisteas v Charisteas (2022) FLC 94-109.
Key Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Health and Guardianship 20.1 “Health Rights and Responsibilities”
Updated by P T Babie FRSA FAAL, Professor, Theory and Law of Property, Adelaide Law School, University of Adelaide
This Subtitle examines the concepts of rights and responsibilities in the context of the relationship between health consumer and health care professional/ institution.
Real Property 28.9 “Residential Tenancies”
Updated by Dr W Rupert Johnson, Associate Professor, Acting National Head of School, School of Law and Business and Faculty of Arts, Sciences, Law and Business, University of Notre Dame Australia and Dr John Mugambwa, Formerly Adjunct Professor, School of Law, Murdoch University
This Subtitle analyses the legislation governing residential tenancy, public housing and rooming or boarding house agreements in each of the Australian jurisdictions. This extensive update examines emergency legislative measures during the COVID-19 pandemic.
Key Cases: Berih v Homes Victoria (No 4) [2025] VSC 169.
Key Legislation: Residential Tenancy Regulations 2025 (Tas).
Revenue Law 31.2 “Income from Business and Isolated Activities”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook
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 what constitutes a business and business-like activities carried out by a director.
Key Cases: Cavanagh v Federal Commissioner of Taxation (2023) 116 ATR 450; [2023] AATA 1700; Bains v Federal Commissioner of Taxation (2023) 117 ATR 193; [2023] AATA 2477.
Key Legislation: Income Tax Assessment Act 1997 (Cth).
Currently scheduled updates (subject to change):
- Civil Procedure 5.2 “Pleadings and Amendment”
- Communications 6.9 “Internet Law”
- Health and Guardianship 20.9 “Guardianship and Administration or Management of Property”