Update 336:

Criminal Sentencing 12.12 "Sentencing of Children"
Updated by Professor Mirko Bagaric, Professor of Law, Swinburne University Law School

This Subtitle deals with special sentencing procedures and sentencing options for children. This update discusses the importance of the rehabilitation of young offenders in such cases as R v Neilson [2011] QCA 369, R v Kuzmanovski; Ex parte Attorney-General (Qld) [2012] QCA 19 and Azzopardi v The Queen (2011) 35 VR 43; [2011] VSCA 372.

Key Cases: R v Neilson [2011] QCA 369; Azzopardi v The Queen (2011) 35 VR 43; [2011] VSCA 372; Verity v SB [2011] NTSC 26; R v Kuzmanovski; Ex parte Attorney-General (Qld) [2012] QCA 19.
Key Legislation: Children, Youth and Families Act 2005 (Vic).

Real Property 28.10 "Licences"
Updated by Dr Ben McEniery, Barrister-at-Law, Supreme Court of Queensland

This Subtitle discusses the law relating to licences. This update features a discussion of Swan v Uecker (2016) 50 VR 74; [2016] VSC 313, which provides an interesting application of the distinction between a lease and a licence in regard to a short-term accommodation rental on AirBnB. The court held that an AirBnB agreement that provided for the occupation of the whole of a Melbourne apartment was properly characterised as a lease because it gave the occupiers exclusive possession of the premises for the duration of their stay.

Key Cases: Swan v Uecker (2016) 50 VR 74; [2016] VSC 313; Hinkley v Star City Pty Ltd (2010) 15 BPR 28,983; [2010] NSWSC 1389.
Key Legislation: Crown Land Management Act 2016 (NSW).

Revenue Law 31.3 "Income from Property"
Updated by Adam Ahmed, Solicitor, Supreme Court of New South Wales

This Subtitle primarily considers interest, rent and royalties as being income from property. Featured in this update is a discussion of “Budget Paper No. 2 – Budget Measures 2016-2017”, which was released by the Australian Government on 3 May 2016. The Government announced that it will reform the taxation of financial arrangements (TOFA) rules to reduce the scope, decrease compliance costs and increase certainty through the redesign of the TOFA framework. The update also discusses commerce conducted and settled through the use of bitcoins. 

Key Cases: Scott v Federal Commissioner of Taxation (NSW) (1935) 35 SR (NSW) 215; 52 WN (NSW) 44; 3 ATD 142; Federal Commissioner of Taxation v Citibank Ltd (1993) 44 FCR 434; 26 ATR 423; Federal Commissioner of Taxation v Century Yuasa Batteries Pty Ltd (1998) 82 FCR 288; 38 ATR 442.
Key Legislation: Income Tax Assessment Act 1936 (Cth).

Update 337:

Aborigines and Torres Strait Islanders 1.8 “Indigenous Cultural and Intellectual Property”
Updated by Justin Carter, Barrister, Queensland Bar

This Subtitle discusses the application of Australian intellectual property laws to Indigenous cultural and intellectual property. While more remains to be done to recognise and situate the traditional knowledge and works of Indigenous Australia within the contemporary Australian intellectual property framework, this update reflects developments at the international level and the latest scholarship in the area, from Australia and overseas. In particular, the protections afforded to Indigenous artwork and traditional medicaments are considered.

Key Cases: Griffiths v Northern Territory (No 3) [2016] FCA 900; Bulun Bulun v R & T Textiles Pty Ltd (1998) 86 FCR 244.
Key Legislation: Copyright Act 1968 (Cth); Designs Act 2003 (Cth); Resale Royalty Right for Visual Artists Act 2009 (Cth).

Equity 15.6 “Specific Performance”
Updated by Professor Samantha J Hepburn, Professor, Deakin University

This Subtitle discusses the equitable remedy of specific performance. This update includes in-depth discussion of Giumelli v Giumelli (1999) 196 CLR 101; 73 ALJR 547; [1999] HCA 10 and Sidhu v Van Dyke (2014) 251 CLR 505; 88 ALJR 640; [2014] HCA 19 in the context of estoppel, as well as damages in Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd (No 13) [2017] WASC 286.

This Subtitle will also be published as part of the Second Edition of Remedies in Equity – The Laws of Australia (forthcoming release in early 2019).

Key Cases: Giumelli v Giumelli (1999) 196 CLR 101; 73 ALJR 547; [1999] HCA 10; Despot v Registrar General (NSW) [2016] NSWCA 5; Sidhu v Van Dyke (2014) 251 CLR 505; 88 ALJR 640; [2014] HCA 19; Love v Simmons [2016] WASCA 176; Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd (No 13) [2017] WASC 286.
Key Legislation: Sale of Goods Act 1923 (NSW); Property Law Act 1974 (Qld).

Equity 15.7 “Rescission”
Updated by Professor Samantha J Hepburn, Professor, Deakin University

This Subtitle discusses the nature and elements of the remedy of rescission, including the requirements and forms of relief. This update includes in-depth commentary on the origins of the term “rescission”, discussing such cases as Newbigging v Adam (1886) 34 Ch D 582 and AH McDonald & Co Pty Ltd v Wells (1931) 45 CLR 506.

This Subtitle will also be published as part of the Second Edition of Remedies in Equity – The Laws of Australia (forthcoming release in early 2019).

Key Cases: Newbigging v Adam (1886) 34 Ch D 582; AH McDonald & Co Pty Ltd v Wells (1931) 45 CLR 506; Crowe Horwath (Aust) Pty Ltd v Loone (2017) 271 IR 391; [2017] VSCA 181; Nadinic v Drinkwater (2017) 94 NSWLR 518; [2017] NSWCA 114.
Key Legislation: Competition and Consumer Act 2010 (Cth).