August 2011 Updates

August 2011 saw six Subtitles be updated across six separate Titles, including Contract, Criminal Sentencing, Environment and Natural Resources, Family Law, Finance, Banking and Securities, and Revenue Law. The updating team included a mix of Solicitors, Barristers and Legal Editors, providing expertise commentary, and ensuring the continued quality and accuracy that you’ve come to expect from TLA. We hope you are pleased with the results of this month’s work.

Subtitle 7.5 Performance

Updated by Ozlem Eskicioglu, Legal Editor, The Laws of Australia

This Subtitle examines the concept of performance in respect of the law of contract. It considers order, place and manner of performance; payment; and the difference between entire and divisible contracts. It also briefly considers part-performance and grounds of recovery for non-performance. This update includes the new provisions of the Australian Consumer Law from Sch 2 of the Competition and Consumer Act 2010 (Cth), as well as references to recent cases.

Subtitle 12.10 Consequences of Conviction

Updated by Melissa Di Rienzo, Legal Editor, The Laws of Australia

This Subtitle deals with the consequences of conviction on an offender. It has been updated to reflect the recent changes to spent convictions legislation in certain jurisdictions. In particular, the update addresses the new spent convictions schemes in South Australia (governed by the Spent Convictions Act 2009 (SA)) and Tasmania (governed by the Annulled Convictions Act 2003 (Tas)). Other updates to the Subtitle are concerned with firearms licensing in Australia and the effect of a criminal conviction on being issued a firearms licence or firearms permit. Consequences of conviction on employment, particularly in the public service, are also discussed.

Subtitle 14.10 Forests

Updated by Natasha Hammond-Deakin, Solicitor, Environmental Defenders Office (NSW)

This update encompasses both law and policy on the use, development and conservation of forests in Australia. Regional Forests Agreements (RFAs) are discussed in detail as is the Australian government’s Comprehensive, Adequate and Representative (CAR) Reserve System, which has been implemented to catalogue forest values in particular areas. Reference is made to Commonwealth and State/Territory laws governing forests as well as the key international instruments dealing with the management of forests, such as the Statement of Forest Principles, Agenda 21, the Non-Legally Binding Instrument on All Types of Forests and the International Tropical Timer Agreement (ITTA). In this way, the Subtitle presents a complete picture of forests law both in Australia and internationally.

Subtitle 17.2 Professional Ethics

Updated by Lucy Hartland, Legal Editor, The Laws of Australia

This Subtitle explores professional ethics in the practice of family law, specifically in the context of legal ethics, lawyer–client issues such as advising and taking instructions and conflict of interest, as well as conflict of duty, confidentiality, and litigation tactics.

Subtitle 18.2 Types of Financial Institutions

Updated by PM Weaver, Senior Manager, Group Regulatory Affairs, Westpac Banking Corporation

This Subtitle update examines the various types of financial institutions in Australia and their regulation under the law. This update includes a new discussion of the licensing requirements for financial service providers and explores the Basel III global regulatory standard that is due to commence in 2013.

Subtitle 31.7 Partnerships

Updated by Emma Mealy, Barrister, Victorian Bar

This Subtitle update explores the taxation treatment of partnership income, dealings and specific types of partnerships (including a substantially revised discussion of the application of capital gains tax). New commentary has been added on stamp duty, goods and services tax and venture capital limited partnerships. Reference is made to recent developments in legislation and case law such as the Venture Capital Act 2002 (Cth); Commr of State Taxation (SA) v Cyril Henschke Pty Ltd (2010) 85 ALJR 174; 78 ATR 1; 272 ALR 440; 80 ACSR 626; 2010 ATC 20-228; [2010] HCA 43; McNally v Federal Commr of Taxation (2007) 65 ATR 738; 2007 ATC 4150; [2007] FCA 51; and Re Scott and Federal Commr of Taxation (2002) 50 ATR 1235; 2002 ATC 2158; [2002] AATA 778, among others. Principles emerging from recent Australian Taxation Office Rulings, Determinations and other instructional documents are also discussed.

September 2011 planned updates

(Subtitles subject to change)

• 11 Criminal Procedure 11.8 “Appeals”
• 16 Evidence 16.1 “General Principles of Evidence”
• 16 Evidence 16.2 “Proof in Civil Cases”