Criminal Sentencing 12.13 "Sentencing Procedure"

Updated by Dr Anthony Hopkins, Senior Lecturer, ANU College of Law

This updated Subtitle examines what happens during sentencing hearings: the respective roles of the parties involved; the onus and standard of proof in determining the factual basis of a sentence; and the use of pre-sentence reports and victim impact statements. It also considers the giving of reasons for sentences and the role of appeal courts and the High Court in relation to appeals against sentences.

Key Case: Filippou v The Queen (2015) 256 CLR 47; 89 ALJR 776; [2015] HCA 29.

Family Law 17.15 "Valuation of Property and Tax and Revenue Issues" (Chs 1, 6, 10)

Updated by Julie Planinic and Wayne Lonergan, Directors, Lonergan, Edwards & Associates Limited

This Subtitle is concerned with valuation, tax and revenue issues that arise in family law matters. Updated Chs 6 and 10 are specifically concerned with the valuation of residential and commercial properties and the valuation of trusts respectively.

Key Legislation: Family Law Act 1975 (Cth).

Revenue Law 31.4 “Deductions” (Chs 6–9)

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 most recent views of the Commissioner of Taxation concerning the deductibility of interest, deductions under hire-purchase agreements, and the deductibility of repair and maintenance expenses. This update also discusses whether certain royalties are tax deductible expenses.

Unfair Dealing 35.10 "Penalties and Forfeiture"

Written by Christoph Liedermann, Barrister, Chalfont Chambers

This brand new Subtitle covers the law against penalties and relief from forfeiture, which are both remedies that assist a defaulting party where a contract’s terms impose a consequence of breach that disproportionately punishes the party in default. The law against penalties deals with terms of contracts that impose harsh fees if a party breaches. Relief against forfeiture generally applies in contracts involving the sale or lease of land, when an innocent party seeks to rely on its right to terminate a contract due to breach. With respect to lease disputes, this Subtitle differentiates between disputes arising from the non-payment of rent, and those arising from other breaches by the lessee. The position in regards to retail leases is also discussed. This Subtitle explores the law against penalties and relief from forfeiture with reference to longstanding case law and legislation, as well as recent developments such as Paciocco v Australia & New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28 and Cavendish Square Holding BV v Makdessi [2016] AC 1172; [2015] 3 WLR 1373; [2015] UKSC 67.

Key Cases: Paciocco v Australia & New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28; Andrews v Australia & New Zealand Banking Group Ltd (2012) 247 CLR 205; 86 ALJR 1002; 6 BFRA 211; [2012] HCA 30; Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; 77 ALJR 1853; [2003] HCA 57; Cavendish Square Holding BV v Makdessi [2016] AC 1172; [2015] 3 WLR 1373; [2015] UKSC 67; Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79.

Key Legislation: Civil Law (Property) Act 2006 (ACT); Conveyancing Act 1919 (NSW); Supreme Court Act 1970 (NSW); Law of Property Act 2000 (NT); Property Law Act 1974 (Qld); Landlord and Tenant Act 1936 (SA); Conveyancing and Law of Property Act 1884 (Tas); Supreme Court Civil Procedure Act 1932 (Tas); Property Law Act 1958 (Vic); Supreme Court Act 1986 (Vic); Property Law Act 1969 (WA); Supreme Court Act 1935 (WA).

August 2017 currently scheduled updates (subject to change):

• Civil Procedure 5.3 "Discovery and Interrogatories" (Chs 1–6)
• Civil Procedure 5.10 "Limitation of Actions"
• International Trade 24.4 "International Taxation" (Chs 1–4)
• Real Property 28.10 "Licences"