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

Criminal Sentencing 12.6 “Financial Orders: Fines”

Updated by Danielle Andrewartha, Senior Consultant, McPhee Andrewartha

This Subtitle on the use of fines as a sentencing option for adult offenders in Australia has been updated with references to such cases as Ku-ring-gai Council v Abroon (No 3) [2012] NSWLEC 12, Scheele v Watson [2012] ACTSC 196 and Hodder v Police Department of Western Australia [2011] WASC 142.

Equity 15.1 “History and Nature of Equity”

Updated by Clare McKay, Solicitor, Supreme Court of Victoria

This Subtitle has been updated to reflect recent case law such as Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd [2014] HCA 14 where the High Court expanded principles of unconscionability and good conscience to encompass the basis of a claim for restitution for money mistakenly paid to another. Further, Kakavas v Crown Melbourne Ltd [2013] HCA 25 lent further weight to the idea that a case in equity necessitates close consideration of the facts of each case.

Equity 15.2 “Fiduciaries”

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

This Subtitle has been updated to include new case law regarding fiduciaries including discussions of Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296; [2012] FCAFC 6 Westpac Banking Corp v The Bell Group Ltd (in liq) (No 3) (2012) 44 WAR 1; 270 FLR 1; [2012] WASCA 157 and Howard v Federal Commissioner of Taxation (2014) 88 ALJR 667; [2014] HCA 21.

Family Law 17.1 “Jurisdiction”

Updated by Aisling Clifford, Solicitor, Westminster Lawyers

This Subtitle has been updated to refer to the Federal Circuit Court of Australia as a result of the Federal Circuit Court of Australia Legislation Amendment Act 2012 (Cth). It includes updated references to legislation allowing the registration of de facto relationships and updates regarding the geographical requirements, time limits and opting-in choices for claiming jurisdiction.

Finance, Banking and Securities 18.5 “Negotiable Instruments”

Updated by Ken Robson, Lecturer, Murdoch University

This updated subtitle includes references to new cases regarding negotiable instruments such as Messenger Press Pty Ltd v Federal Commissioner of Taxation (2012) ATC 20-234; [2012] FCA 756; Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd  (2013) 216 FCR 469; [2013] FCAFC 107 and Confidential v Federal Commissioner of Taxation (2012) 87 ATR 233; [2012] AATA 20.

Health and Guardianship 20.2 “Regulation of Health Care Professionals”

Updated by Jennifer O’Grady, Associate, TessCox Lawyers; and Katharine Philp, Partner, TressCox Lawyers

This revised and rewritten Subtitle covers the National Law and associated regulations surrounding health practitioners in Australia. Included in this Subtitle is information regarding the powers and functions of registration authorities, as well as the requirements and procedures for registration. A further update concerning liability of health care practitioners, disciplinary proceedings and appeals is currently in development and will be published in a future update.

Health and Guardianship 20.4 “Health Care Authorities and Administration”

Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

In recent years, there have been changes to health care regulation in Australia, caused primarily by the development of the National Law (as contained within the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) with jurisdictional amendments in the Australian Capital Territory, New South Wales and Queensland). This update incorporates changes to many areas of Australian law and regulation in this field, also including the National Health Reform Act 2011 (Cth). Changes in health care regulation follow international precedent, increasing a patient’s (and their carer’s) say in matters concerning their health and treatment.

Revenue Law 31.6 “Capital Gains”

Chapters 1–2 updated by Daniel Ramon Diaz, Lawyer, Arnold Bloch Leibler; Chapter 3 updated by Neil Brydges, Senior Associate, Arnold Bloch Leibler.

Updated Chapters 1–3 of this Subtitle examine the operation of the tax regime by which net capital gains are included in a taxpayer’s assessable income under the Income Tax Assessment Act 1997 (Cth). Chapter 2 explores basic concepts, including: net capital gains and losses; “CGT events” – essential for the realisation of capital gains or losses; “CGT assets”; capital proceeds; and exemptions from capital gains tax – eg a capital gain made from selling a car is disregarded. Chapter 3 looks at the operation of capital gains tax in relation to real estate transactions.

Transport Subtitle 34.2 “Aviation” Chapters 4–7
Updated by Dr Gary N Heilbronn, Consultant, Aviation Law and Research

This update features commentary on the European Aviation Safety Agency and the recognition of Air Operator’s Certificates in Europe. The Convention on International Interests in Mobile Equipment (Cape Town Convention) (2001) 2307 UNTS 285 is also discussed, which is an international treaty intended to standardise transactions involving movable property (including aircraft equipment). The consequences of not reporting aviation accidents are also discussed in the recent case of Sullivan v Civil Aviation Safety Authority [2013] AATA 425.

Wills and Estate Administration 36.3 “Administration of Assets”

Updated by Joseph Claude Veneziano, Associate Editor and Reporter, Local Government and Environmental Reports of Australia

This Subtitle examines the law concerning the administration of assets of a deceased person, both in cases where there is a will, and in cases of intestacy. Specifically, the subtitle looks at the position of deceased estates before the making of a grant of representation, the various types of grants, the powers and duties of personal representatives, and the process of estate administration. Significant changes made to the Subtitle in this update were the updating of references to the Supreme Court (Administration and Probate) Rules 2004 (Vic) to the Supreme Court (Administration and Probate Rules 2014 (Vic), the inclusion of recent case law, and an expanded section on the distribution of superannuation benefits as estate assets.

November 2014 currently scheduled updates (please note that Subtitles are subject to change):

• Criminal Procedure 11.3 “Bail”
• Equity 15.13 “Trusts” Chs 4-6
• Family Law 17.7 “Parenting Orders and Related Matters”
• Health and Guardianship 20.7 “Confidentiality”
• Intellectual Property 23.6 “Confidential Information”
• Revenue Law 31.6 “Capital Gains”
• Revenue Law 31.17 “Goods and Services Tax”
• Transport 34.2 “Aviation” Chs 8–10