The following Subtitles were updated in June 2017 and are now available on Westlaw AU: 

Update 330 – June 2017

Criminal Sentencing 12.10 “Consequences of Conviction”

Updated by Professor Mirko Bagaric, Professor of Law, Swinburne University Law School

This updated Subtitle is concerned with the consequences of conviction on an offender. It discusses the major rights affected by a criminal conviction, for example, in relation to: gun licences; instituting civil proceedings; voting rights; employment; and the ability to obtain an Australian passport or visa. It also discusses the statutory provisions in relation to old convictions that can be classified as “spent”. As well as exploring long-standing case law and legislation, more recent development such as Government Sector Employment Act 2013 (NSW); Legal Profession Uniform Admission Rules 2015; Motor Dealers and Repairers Act 2013 (NSW); Property Occupations Act 2014 (Qld); Firearms Act 2015 (SA); and Property Agents and Land Transactions Act 2016 (Tas) are also cited.

Key Legislation: Crimes Act 1914 (Cth); Firearms Act 1996 (ACT); Spent Convictions Act 2000 (ACT); Criminal Records Act 1991 (NSW); Firearms Act 1996 (NSW); Criminal Records (Spent Convictions) Act 1992 (NT); Firearms Act 1997 (NT); Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld); Weapons Act 1990 (Qld); Firearms Act 1977 (SA); Firearms Act 2015 (SA); Spent Convictions Act 2009 (SA); Annulled Convictions Act 2003 (Tas); Firearms Act 1996 (Tas); Firearms Act 1996 (Vic); Firearms Act 1973 (WA); Spent Convictions Act 1988 (WA).

Equity 15.11 “Taking Accounts”

Updated by David Wright, Senior Lecturer, School of Law, University of Adelaide

Consistent with equity’s purpose of injecting fairness into the law, the equitable remedy of taking accounts enables a plaintiff to recover profits received by a defendant from breaching fiduciary obligations owed to, or infringing the intellectual property rights of, the plaintiff. This update examines the availability of the remedy and its operation.

Key Cases: Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25; 42 ALJR 209; Warman International Ltd v Dwyer (1995) 182 CLR 544; 69 ALJR 362.

Revenue Law 31.4 “Deductions” (Chs 1–5)

Updated by Adam Ahmed, Director, Adam Ahmed & Co

These chapters concern the law in relation to the rules governing the availability of deductions fundamental to the calculation of tax payable. The update includes a discussion of the High Court decision in AusNet Transmission Group Pty Ltd v Federal Commissioner of Taxation (2015) 255 CLR 439; 89 ALJR 707; 99 ATR 816; [2015] HCA 25 in the context of business capital expenditure and non-allowable deductions. It also discusses the High Court decision in Commissioner of Taxation v Anstis (2010) 241 CLR 443; 85 ALJR 122; 76 ATR 735; [2010] HCA 40 in the context of the deductibility of self-education expenses. The most recent views of the Commissioner of Taxation in various taxation rulings and determinations are also considered.

July 2017 currently scheduled updates (subject to change):

• Criminal Sentencing 12.13 “Sentencing Procedure”
• Family Law 17.5 “Domestic Violence” (Chs 6, 10)
• Revenue Law 31.4 “Deductions”