The following Subtitles were updated in November 2014 and are now available on Westlaw AU:

Aborigines and Torres Strait Islanders 1.2 “Aboriginal Customary Law”

Updated by Heather Anderson, Legal Research Officer, High Court of Australia

Some States and Territories make certain provisions for Aboriginal traditions to be taken into account in the distribution of intestate estates: see, eg Gundy v Eatts [2013] QSC 297.

Recent Case: Gundy v Eatts [2013] QSC 297

Criminal Procedure 11.5 “Committal Proceedings”

Updated by Professor Mirko Bagaric, Dean of Law, Deakin University

The Victorian Supreme Court has made changes to the common law surrounding tests for, and the judicial review of, committal proceedings: see Strangio v Magistrates’ Court [2013] VSC 496; Marwah v Magistrates’ Court (Vic) [2013] VSC 278; Zmak v TCB Trans Pty Ltd [2013] VSC 310.

Recent Cases: Strangio v Magistrates’ Court (Vic) [2013] VSC 496; Marwah v Magistrates’ Court (Vic) [2013] VSC 278; Zmak v TCB Trans Pty Ltd [2013] VSC 310

Family Law 17.7 “Parenting Orders and Related Matters”

Updated by Anna Parker, Partner, Nicholes Family Lawyers

Changes to the law on parenting plans, scope of parental responsibility, best interests of the child principles and family dispute resolution are intended to better protect children from family violence and abuse: see Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011.

Key Legislation:  Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011

Intellectual Property 23.6 “Confidential Information”

Updated by Gary Adkins, Lawyer and Patent Attorney, M+K Lawyers

In an action for breach of confidence, relative secrecy and the specificity of information to establish that action are important considerations. Certain defences are available through the provisions of the Public Interest Disclosure Act 2013 (Cth).

Key Legislation: Public Interest Disclosure Act 2013 (Cth)

Revenue Law 31.6 “Capital Gains” Chapters 4–6

Updated by Daniel Ramon Diaz, Lawyer, Arnold Bloch Leibler

For deceased estates, compensation payments, and transactions concerning business assets, various provisions of the Income Tax Assessment Act 1997 (Cth) operate to reduce the impact of Capital Gains Tax (CGT). For example, compensation received by a person for an injury is exempt from CGT, and for a small business with net assets up to $6 million, CGT may be deferred or avoided on gains made from the sale of an asset used in the business: see Taxation Ruling TR 2006/14.

Key Ruling: Taxation Ruling TR 2006/14

Transport Subtitle 34.2 “Aviation” Chapter 8
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research

Pilots and flight crew must meet specific medical standards which are governed by Pt 67 of the Civil Aviation Safety Regulations 1998 (Cth). The statutory requirements in respect of medical certificates are discussed in Walker v Civil Aviation Safety Authority [2014] AATA 169.

Recent Case: Walker v Civil Aviation Safety Authority [2014] AATA 169

Key Legislation: Civil Aviation Safety Regulations 1998 (Cth) 

December 2014 scheduled updates (subject to change):

• 5 Civil Procedure 5.1 “Initiating Process, Service and Appearance”
• 8 Contracts: Specific 8.6 “Guarantees”
• 11 Criminal Procedure 11.3 “Bail”
• 13 Dispute Resolution 13.1 “Overview of Dispute Resolution”
• 15 Equity 15.13 “Trusts” Chs 4-6
• 17 Family Law 17.2 “Professional Ethics”
• 20 Health and Guardianship 20.7 “Confidentiality”
• 31 Revenue Law 31.17 “Goods and Services Tax”
• 34 Transport 34.2 “Aviation” Chs 9-10