The following subtitles were updated in April, and are now available on Westlaw AU.

Civil Procedure: Subtitle 5.8 “Equity Proceedings”

Updated by Christopher D Wood, Barrister, Wentworth Chambers

This Subtitle is concerned with the relevant procedure required for equity applications. Particular discussion is made of procedure for: proceedings for equitable relief where there is no dispute of fact; proceedings concerning the administration of estates and trusts where the dispute is about a question of law; declarations as to rights arising under a document; and inquiries and the taking, ascertainment and certification of accounts. Reference is made to the relevant case law as well as legislation; particularly relevant court and civil procedure rules of each jurisdiction.

Communications: Subtitle 6.6 “Telecommunications”

Updated by Khai Dang, Partner, Ashurst Australia

This is a complete rewrite of Chs 3–5 and 7–14 of this Subtitle, providing substantial updating on the law relating to telecommunications. The law regarding new technologies receives significant attention, as does consumer rights and protections and government regulation bodies. Chapters 1–2 and 6 will be provided in a future update, adding further clarity especially with regard to the National Broadband Network.

Family Law Subtitle 17.5 “Domestic Violence”

Updated by Dr Renata Alexander, Barrister and Solicitor, Supreme Court of Victoria and High Court of Australia, Senior Lecturer, Monash University Faculty of Law

Updated Chs 1–3 of “Domestic Violence” begin with a consideration of the incidence, causes and effects of domestic violence. This is followed by an examination of criminal law responses to domestic violence cases, including police powers of entry and arrest (eg under Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 89). Rape in marriage and stalking are discussed. There is also consideration of possible defences for domestic violence victims who kill their partners, and critical appraisal of their effectiveness in relation to the Victorian law reform introduction of “defensive homicide” into the Crimes Act 1958 (Vic).

Health and Guardianship: Subtitle 20.10 “Births and Deaths”

Updated by Professor Mirko Bagaric

Birth and death can be a complex time legally. This update provides clear analysis of legal developments across all Australian jurisdictions, incorporating changes in legislation, regulations and new cases. Registration of births, still births and deaths is explored, as are the role of coroners across States and Territories, including the complexities that can arise when multiple jurisdictions have a potential role in an inquest or registration of a birth or death.

Labour Law: Subtitle 26.3 “Australian Industrial Relations System”

Updated by Jeremy Cousins, Solicitor, Supreme Court of Victoria, Principal, Norton Gledhill

Updated Chs 3–5 of this Subtitle examine the institutional framework for, and operation of, the federal industrial relations system in Australia. There is a particular focus on the modifications to the system introduced by the Fair Work Act 2009 (Cth) which succeeded the Workplace Relations Amendment (Work Choices) Act 2005 (Cth). Topics covered, include: modern awards; enterprise agreements; the Fair Work Commission; the national wage-fixing regime; employment entitlements under the National Employment Standards; and protected industrial action. The relationship between the federal and State industrial relations systems is also discussed.

Professional Liability: Subtitle 27.7 “Architects and Engineers”

Updated by Andrew GA George, Barrister, William Forster Chambers

This update provides a comprehensive update on the regulation of professional responsibility for architects and engineers. Legislative changes, including those imposed by changes in competition and consumer law and standard contracts are explored. New case interpretations of rules are also considered, providing clarity regarding the current rules applying to these professional.

Revenue Law: Subtitle 31.9 “Companies and Shareholders”

Updated by Cyrus Thistleton, Audit Officer, Australian Taxation Office

This update incorporates changes to the 1936 and 1997 Income Tax Assessment Acts including greater responsibility of company public officers, refundable seafarer tax offsets, new laws in relation to dividends, extensions on trusts and closely held corporate limited partnerships, and what constitutes a loan by a company to its shareholders. Expanded paragraphs include those on unpaid present entitlements, unfrankable distributions, streaming of franked distributions, and new rules governing “dividend washing”. Cases and ATO determinations since 2006 have also been added.

Revenue Law: Subtitle 31.13 “Planning and Anti-avoidance Measures”

Updated by Miles Hurst, Senior Associate, Baker & McKenzie and Kyung Whan Chris Kim, Commercial Services Manager, Hume Coal Limited

This Subtitle has been updated to account for more recent amendments to the general anti-avoidance provisions of Pt IVA of the Income Tax Assessment Act 1936 (Cth). The amendments of 29 June 2013, courtesy of the Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (Cth), postulate two separate circumstances under which a tax benefit could be deemed to arise from the use of a tax planning scheme – whether a “tax effect” (a) would have occurred, or (b) might reasonably be expected to have occurred, if the scheme had not been entered into.

More updates coming soon:

• Administrative Law 2.4 “Judicial Review of Administrative Action: Reviewable Decisions, Conduct and Powers and General Grounds”
• Administrative Law 2.5 “Judicial Review of Administrative Action: Procedural Fairness”
• Administrative Law 2.6 “Remedies in Judicial Review”
• Bankruptcy 3.4 “Compulsory Bankruptcy”
• Bankruptcy 3.7 “The Trustee in Bankruptcy”
• Bankruptcy 3.19 “Cross-border Bankruptcy” (NEW)
• Civil Procedure 5.11 “Private International Law”
• Contracts: Specific 8.1 “Agency”
• Criminal Sentencing 12.4 “Sentencing for Non-Specific Offences”
• Equity 15.14 “Trustees”
• Labour Law 26.3 “Australian Industrial Relations System”
• Professional Liability 27.9 “Government Authorities”
• Real Property 28.8 “Retail Tenancies”
• Torts 33.1 “Tort and Contract”