LATEST UPDATES

Four TLA subtitles on a range of important topics have been updated this month. In 2010 to date, we have updated more than twice the number of Subtitles updated in the same period of 2009. We will continue this level of updating into 2011 and beyond.

Criminal Sentencing 12.6 Financial Orders: Fines

Updated by Danielle Andrewartha, Solicitor, Supreme Courts of South Australia and Victoria

This Subtitle considers the imposition of fines as a non-custodial sentencing option in criminal offences. Factors that are examined include: the effect than an offender’s ability to pay should have on the amount of fine imposed, appropriate methods of payment, and enforcement of fines where an offender does not pay. Sentencing legislation in each jurisdiction is dealt with and examined as well as the impact of significant cases governing this area such as Fraser v The Queen(1985) 9 FCR 397; 20 A CrimR 4; 63 ALR 103, Sgroi v The Queen(1989) 40 A CrimR 197 and Liverpool CC v Leppington Pastoral Co Ltd [2010] NSWLEC 170.

Human Rights 21.3 Machinery

Updated by Elizabeth Raper and Chris Ronalds, Barristers, Supreme Court of New South Wales

This Subtitle covers the machinery which handles complaints, inquiries and hearings in the area of human rights and discrimination. This comprehensive update considers developments since the renaming of the Human Rights and Equal Opportunity Commission Act 1986(Cth) to the Australian Human Rights Commission Act 1986(Cth) and the recent institution of various State and Territory tribunals.

Real Property 28.1 Principles of Real Property

Updated by Adjunct Associate Professor Anthony P Moore, School of Law, Flinders University

This Subtitle is an overview of the principles of real property, forming the foundation for the rest of the material in Title 28 Real Property. It includes new discussions on the nature of proprietary interests and on mortgages (including the new developments arising out of the National Consumer Credit Protection Act 2009(Cth). Recent cases discussed include Sampi v Western Australia (2010) 266 ALR 537; [2010] FCAFC and Arnold v Minister Administering the Water Management Act 2000 (2010) 240 CLR 242; 84 ALJR 203; 172 LGERA 82; 263 ALR 193; [2010] HCA 3.

Real Property 28.16 Possession

Updated by James Hope, Principal, Hope Lawyers

This Subtitle provides an overview of the law regarding possessory title to land in Australia. This update includes commentary on adverse possession, in particular what constitutes acknowledgment of title. Relevant cases in this area are discussed, such as Refina Pty Ltd v Binnie [2009] NSWSC 914, Quarmby v Keating [2008] TASSC 71 and Ofulue v Bossert [2009] Ch 1. Commentary on encroachments and adverse possession of partial plots is also featured.

FORTHCOMING UPDATES

 The following subtitles are scheduled for updating in the next month: 

• Business Organisations4.8 “Non-corporate Organisations” Chs 5–6
• Criminal Offences 10.5 “Interference with Property”
• Criminal Sentencing 12.9 “Restitution and Compensation Orders”
• Environment and Natural Resources 14.6 “Environmental Harm: Pollution Control and Hazardous Substances” Ch 6 (Agricultural and Veterinary Chemicals)
• Finance, Banking and Securities 18.8 “Loans and Project Finance”
• Health and Guardianship 20.6 “Consent”

For a complete list of forthcoming updates, visit The Laws of Australia homepage