The Library Bulletin

How far can you go to protect yourself and your family inside your own home? by Natalie Wolf of News.com.au

Robot mediator settles first ever court case by Nick Hilborne of Legal Futures

Re the Adoption of CCS and FLS [2019] NSWSC 71 - adoption, child welfare, "whether consent of children's birth parents should be dispensed with"

Cooper v State of New South Wales [2019] NSWDC 20 - negligence, motorist collided with police officer who stepped out on the road, claim by motorist for damages for physical and psychological injuries, police tort claim

Leyonhjelm v Hanson-Young [2019] FCA 156 - application for leave to appeal to the full court denied, no parliamentary privilege

Linklaters LLP & Anor v Mellish [2019] EWHC 177 (QB) - confidential information, the defendant intended to share his impressions of the culture at Linklaters with particular reference to what he called "the ongoing struggle Linklaters has with women in the workplace" and Linklaters LLP & Anor v Mellish [2019] EWHC 295 (QB) - Tomlin order

Zonnevylle v Department of Justice [2019] NSWCATAP 44 - scope of NCAT’s internal appeal jurisdiction

Brave new world : new whistleblower laws have finally passed by Richard Flitcroft, Amanda Loftus, Tegan Harrington, Professor Anthony Forsyth and Abigail Gill of Corrs chambers Westgarth - examines the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 (Cth)

Council fined for destruction of Aboriginal cultural heritage by Jenny Humphris and Alex Buck of Holding Redlich - considers Chief Executive, Office of Environment and Heritage v Clarence Valley Council [2018] NSWLEC 205

Drafting pleadings and particulars to avoid unnecessary interlocutory applications by Michael Bennett of 13 Wentworth Selborne - examines drafting of pleadings and particulars

George Winterton Memorial Lecture : The mysteries of judicial power : defining the relationship between law and power in the modern state presented by the Honourable Thomas Frederick Bathurst AC

Insolvency practitioners' remuneration slashed after inadequate reports to creditors by Andrew Lacey of McCabe Curwood - considers Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93

Law Report (ABC) for 19 February presented by Damien Carrick - Snapshot of animal cruelty offenders in Victoria and Law and ethics around using children as tissue donors

Litigation essentials : subpoenas by Scott Goodman SC, Ben Bradley and Declan Byrne of Greenway Chambers - provides an overview of subpoena procedure

So you want to cut down trees without approval? Fine! by Jane Hewitt and Philip Brown of HWL Ebsworth - considers Hunters Hill Council v Carter [2018] NSWLEC 84 and Hunters Hill Council v Liu [2018] NSWLEC 108

Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018 - lapsed 17 February 2019

District Court law reports, Volume 27(1), February 2019 - in this issue : Australian Capital Financial Management Pty Ltd v Freight Solutions (Vic) Pty Ltd / JMS v Department of Family and Community Services / Mehanna v New South Wales / R v AC / R v Walter / Shalhoub v New South Wales / Stillwell Trucks Pty Ltd v Williams

Federal Court reports, Volume 258(3), February 2019 - in this issue : Australian Competition and Consumer Commission v Cement Australia Pty Ltd

Australian law journal, Volume 93(1), January 2019 - in this issue : Current issues Justice Francois Kunc (ed) Special issue on climate change and the law Lesley Hughes, Book launch : The future of Australian legal education Hon Justice M J Beazley AO / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) More problems with instalment contracts in Queensland W D Duncan, How not to transact with the elderly and frail David D Knoll / Technology and the law Lyria Bennett Moses and Anna Collyer (eds) At the coalface Lyria Bennett Moses and Anna Collyer / Recent cases Ruth C A Higgins SC (ed) Breach of fiduciary duty - liability of third party participant - account of profits - causation - extent of accountability - Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Peter Devonshire, United Kingdom - Northern Ireland - discrimination on grounds of sexual orientation and/or on grounds of religious belief or political opinion - jurisdiction - European convention on Human Rights Lee v Ashers Banking Co Ltd Ruth C A Higgins / Interest rates in dispute resolution : comparing simple statutory interest against compound indices Ashton East / An asset shared can be a problem doubled : assignment of causes of action by a liquidator Robert Harper / The difference between ss 84 and 85 of the Uniform Evidence Acts Greg Taylor

Taxation in Australia, Volume 53(7), February 2019 - in this issue : The 45-day-rule - where are you? Robert Deutsch / December - what happened in tax? TaxCounsel Pty Ltd / GST : contractual issues again! TaxCounsel Pty Ltd / Who has a liability to pay GST? Guy Brandon / Member profile : Sean van der Linden, EY / The earnout workout Enzo Coia / Employees of the gig and sharing economy Bill Mavropoulos / Taxing private trusts - a moving target Andrew White, Cameron Blackwood and Graeme Cooper / Discretionary trusts and landholder duty : part 1 Denise Tan / Who can provide taxation advice? Daniel Butler / Pedley and the director penalty notice Michael Norbury / Placer Dome : not just a duty case Stuart Landsberg, Costa Koutsis, Rachel Cullen and Matthew Plint / Trustee's minute of meeting evidence bad faith Katerina Peiros and Christine Smyth

The criminal law of Victoria, New South Wales and South Australia / Mirko Bagaric, Kenneth J Arenson, Marilyn McMahon and Brienna Bagaric

Government accountability : Australian administrative law (2nd ed) / Judith Bannister, Anna Olijnyk and Stephen McDonald

Mediation in Australia / Laurence Boulle and Rachael Field

The statutory foundations of negligence / Mark Leeming

Australian Competition and Consumer Commission v Optus Mobile Pty Limited [2019] FCA 106 - consumer law, false and misleading representation in contravention of s 12DB(1)(b) of the Australian Securities and Investment Commission Act 2001 (Cth)

Ekermawi v Nine Network Australia Pty Limited [2019] NSWCATAD 29 - racial vilification, meaning of “ethno-religious origin”

McKell v The Queen [2019] HCA 5 - criminal practice, summing up, drug offences

Minister for Immigration and Border Protection v SZMTA & Anor ; CQZ15 v Minister for Immigration and Border Protection & Anor ; BEG15 v Minister for Immigration and Border Protection & Anor [2019] HCA 3 - immigration

R v Mercury [2019] NSWSC 81 - evidence, "objection to admissibility of alleged confession to murder"

Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11 - rectification of building contract

Victorian Legal Services Commissioner v McDonald [2019] VSCA 18 - legal practitioners, unsatisfactory professional conduct, "letters between solicitors alleging one solicitor was 'fundamentally dishonest' and telling lies"

Williams v Wreck Bay Aboriginal Community Council [2019] HCA 4 - constitutional law, inconsistency between Commonwealth and Territory laws

The directions hearing for the Royal Commission into the Management of Police informants was held 15 February 2019, see information here.

In an Australian first, the ACT may legally recognise animals' feelings by Bronwyn Orr of ABC News

Annotated Bankruptcy Act 1966 (7th ed) / Paul Nichols

Australian tax handbook 2019 / R L Deutsch, M L Friezer, I G Fullerton, P J Hanley and T J Snape

Contemporary issues in corporate and competition law : essays in honour of Professor Robert Baxt AO / Pamela Hanrahan and Ashley Black (eds)

Corones' competition law in Australia (7th ed) / Seventh edition by Arlen Duke

Journalist's guide to media law : dealing with legal and ethical issues (6th ed) / Mark Pearson and Mark Polden

The Australian Consumer Law – suppliers and manufacturers – who is ultimately liable to consumers for defective goods? by Teresa Torcasio and Caitlyn White of HWL Ebsworth - considers who is liable for defective goods

Crown land policies in New South Wales by Dominic McGann, Peter Stokes, Liam Davis, Patrick Holland and Kate Swain of McCullough Robertson - examines Crown land policies

Germany's Facebook data ruling : what does it mean for Australia? by Mark McCowan, Jennifer Dean and Ian Reynolds of Corrs Chambers Westgarth - considers a ruling by the German competition regulator, the Bundeskartellamt relating to Facebook, see ruling here

The importance of compliance with form (Santos v BNP Paribas) by Ben Macdonald of Glibert + Tobin - considers Santos Limited v BNP Paribas [2019] QCA 11

Law Report (ABC) for 12 February presented by Damien Carrick - Two employers sent to jail for breach of OHS laws and Climate change takes front seat in NSW court

Mediation strategies by Ian Roberts SC and Adele Carr of Greenway Chambers - examines mediation

New decision rejects long-standing arguments concerning greenhouse gas emissions by Karen Trainor, Brendan Bateman, Claire Smith, Nick Thomas, Sallyanne Everett, Damien Gardiner, Kathryn Pacey, Brad Wylynko, Mark Geritz, Stuart MacGregor and Dan Howard of Clayton Utz - considers Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

NSW Court of Appeal quashes Ostwald's adjudication determination and holds that Façade continues to be 'plainly wrong' by Sandra Steele and Georgia Mills of K&L Gates - considers Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2018 - lapsed 8 February 2019

'Personal' : court rules Queen's Palace Papers to remain secret by Michaela Whitbourn of the Sydney Morning Herald - considers Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12

Richard Beasley SC - on the couch on Justinian - please note that we hold several of his books in our library

'We won' : landmark climate ruling as NSW court rejects coal mine by Peter Hannam of the Sydney Morning Herald - considers Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 - open cut coal mine, state significant development

Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12 - administrative law, access under the Archives Act 1983 (Cth)

Ku-ring-gai Council v Ichor Constructions Pty Ltd [2019] NSWCA 2 - commercial arbitration, role of court

Work Health Authority v Outback Ballooning Pty Ltd & Anor [2019] HCA 2 - constitutional law, powers of Commonwealth parliament

Youssef Ibrahim v Commissioner of Police [2019] NSWIRComm 1009 - industrial relations, police, removal of police officer

Courts as (living) institutions and workplaces by Chief Justice Allsop AO at the 2019 Joint Federal and Supreme Court Conference, Hobart

Indemnity clauses – be careful what you wish for by Stephen White, Brad Russell, James Lynagh and Adam Battista of McCullough Robertson - examines indemnity clauses

Law Report (ABC) for 5 February presented by Damien Carrick - Consumer rights and the Banking Royal Commission and Worker receives compensation for injury during smoko break before work

Royal Commission finds Murray-Darling Basin Plan partly unlawful by Dr Joseph Monaghan of Holding Redlich - examines the Murray-Darling Basin Royal Commission report by Bret Walker SC

Alternative law journal, Volume 43(4), 2018 - in this issue : Compassion, animals and the law Steven White / A public appetite for poultry welfare regulation reform : why higher welfare regulation reform : why higher welfare labelling is not enough Christine Parker, Gyorgy Scrinis, Rachel Carey and Laura Boehm / Farm animal protection policymaking and the law : the impetus for change Steven White / Codes v regulations : how best to enforce animal welfare in New Zealand? Marcelo B Rodriguez Ferrere / A voice for wild animals : collaborative governance and human-wildlife conflict Katie Woolaston / Navigating human and non-human animal relations : Okja, Foucault and animal welfare laws Michelle Gunawan / The 'remarkable Tasmanian Devil' : the aesthetics of persecution and protection Benjamin J Richardson and Jan Hogan / Digital platforms under fire : what Australia can learn from recent developments in Europe Samson Esayas and Dan Svantesson / Keeping the neighbourhood safe : how does social media moderation control what we see (and think)? Melissa de Zwart / Mandatory sentencing? Use [with] discretion Kate Warner, Caroline Spiranovic, Arie Freiberg and Julia Davis / Reproductive justice : a framework for abortion law reform Kate Galloway and Jemima McGrath / Securing the Administrative Appeals Tribunal's independence : tenure and mechanisms of appointment James Morgan / Limitations of personal information in an online environment Gabriella Shailer / Moderating the power of social media Robert Corr

Law Institute journal, Volume 93(1&2), January/February 2019 - in this issue : Welcome to a new era Stuart Webb / New home for a new age Carolyn Ford / Meet the new LIV president Karin Derkley / Support for families and lawyer Karin Derkley / Justice Matthew Connock Belinda Wilson / Judge Carolene Gwynn Belinda Wilson / Succession strategies Daniel Butler and Shaun Backhaus / A dying wish... or lack thereof Richard Hughes / Taxing times Raoul D'Cruz, Jim Koutsokostas and Michael Parker / Breaking the chain Katie Murphy / In our opinion Paul A Czarnota / High Court judgments Andrew Yuile / Family law judgments Robert Glade-Wright / Supreme Court judgments Greg Reinhardt / High risk lending alert Legal Practitioners' Liability Committee / Committal system under review VLRC / Adjustment for cladding agreements Russell Cocks / New Financial Complaints Authority Chris Liamos / Client management data essential Chris Povey / Plan for the unexpected Fiona McLeay / Ensuring peace of mind Andrew Proebstl / Century old tradition continues Karin Derkley / Shooting for balance Karin Derkley

Law Society journal, Issue 52, February 2019 - in this issue : New Young Lawyers president making an impact Kate Allman / Six minutes with Isabelle Reinecke, Executive Director and Founder, Grata Fund Claire Chaffey / 'Lawyers are expected to tolerate sexual harassment or pay the price' Kate Jenkins / New president to boost visibility of solicitors Jane Southward / Meet the innovators Melissa Coade / So tired of waking up tired? Chris McBurnie / How positive thinking boosts performance Rachel Setti / A day in the life of... Damien MacRae, Intellectual property lawyer and melanoma advocate, King and Wood Mallesons Melissa Coade / Mic drop Melissa Coade / Breaking the silence on menopause at work Thea O'Connor / Make your new year's resolutions stick Jordan McCreary / The case that changed me Sarah Schwartz / The latest developments in Law Society advocacy and law reform / Constitutional aspects of the NSW costs assessment system Michelle Castle / 'Going dark' : the unprecedented government measures to access encrypted data Arthur Kopsias APM / Legal internships in NSW : experience or exploitation? / Owning your practice's cyber security : MSPs and you Simone Herbert-Lowe and Gabor Szathmari / Contingency and succession planning : a sole principal's plan for the unexpected Frances Moffitt / Aftermath of the casual conundrum : 'double dipping' and class actions Jack de Flamingh and Rachael Cage / Stalking and abuse in the digital age : what you can do to protect your clients Helen Campbell OAM / Watch your inbox! Online court has arrived Felicity Parkhill and Melissa Fenton / The latest from the High Court Andrew Yuile / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Wills and estates Darryl Browne

Modern law review, Volume 82(1), January 2019 - in this issue : The publius paradox Adrian Vermeule / Concurrent duties Aaron Taylor / Mos geometricus and the common law mind : interrogating contract theory Shivprasad Swaminathan / UK abortion law : reform proposals, private members' bills, devolution and the role of the courts Robert Brett Taylor and Adelyn L M Wilson / Reducing homelessness or re-ordering the deckchairs? Dave Cowan / The end of innocence : open justice, free speech and privacy in the modern constitution - Khuja (formerly PNM) v Times Newspapers Limited Robert Craig / Marr v Collie : the ballooning of the common intention constructive trust Alexander Y S Georgiou / The promise and conundrums of pluralist jurisprudence Brian Z Tamanaha

Proctor, Volume 39(1), February 2019 - in this issue : Some thoughts on family lawyers Mike Emerson / The X7 factor : appeal adds to compulsory examinations case law Sarah Ford / Embracing tradition and transformation : diversity, partnership, leadership Melissa Raassina / Focus on future law Pip Harvey Ross / Guarding the rights of all Queenslanders : Human Rights Bill 2018 (Qld) Dan Rogers / Playing with fire : multiple client representation Stafford Shepherd / Preparing a trial bundle Kylie Downes QC / Home is where the risk is : moving forward on defect liability Harry Knowlman / FCC must follow FCA decisions unless plainly wrong Robert Glade-Wright / The rise of the DAO : disrupting 400 years of corporate structure Iain McGregor-Lowndes / Informal video will declared valid Christine Smyth / High Court casenotes Andrew Yuile / Court of Appeal judgments Bruce Godfrey / Break the mould to embrace disruptive leadership John Teerds / What's working - and what isn't? Graeme McFadyen / Alexander 'Lex' MacGillivray AM

The final report is available here.

Administrative Law (4th ed) / Timothy Endicott

Annotated criminal legislation New South Wales 2018-2019 / Roderick N Howie and Peter A Johnson

Art and modern copyright : the contested image / Elena Cooper

Cases and materials on equity and trusts (9th ed) / J D Heydon and M J Leeming

Commercialisation of intellectual property / Natalie P Stoianoff, Fred Chilton and Ann L Monotti

Construction law in Australia (4th ed) / Ian Bailey and Matthew Bell

Equity practice and precedents (2nd ed) / Edmund Finnane, Christopher Wood and Nicholas Newton

Friston on costs (3rd ed) / Mark Friston (ed)

Fundamental concepts of commercial law : 50 years of reflection / Roy Goode

The internet, warts and all : free speech, privacy and truth / Paul Bernal

Principles of federal criminal law (4th ed) / Stephen Odgers

Private international law in Australia (4th ed) / Reid Mortensen, Richard Garnett and Mary Keyes

The final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was submitted to the Governor-General today, it will be released to the public on Monday. Please see details here.

The Murray-Darling Basin Royal Commission report by Bret Walker SC was delivered to the Governor of South Australia on 29 January 2019, see the report here.

Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading [2019] NSWSC 18 - evidence, "onus of proof when a declaration is sought in relation to a negative fact"

Commonwealth Director of Public Prosecutions v Christian [2019] FCAFC 5 - criminal law, publication of judgments

James v Wilson [2019] NSWSC 17 - political parties, dispute in relation to the interpretation of a party constitution

R v Bayda; R v Namoa (No 8) [2019] NSWSC 24 - conspiring to do acts in preparation for or planning a terrorist act

Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 - industrial law, "whether adverse action taken because of the applicant’s mental disability"

Unions NSW & Ors v State of New South Wales [2019] HCA 1 - constitutional law, "implied freedom of communication on governmental and political matters"

ALRC'S class action report - a 'canary in the coal-mine'? by Jenny Campbell and Kate Austin of Allens Linklaters - considers the implications of Integrity, fairness and efficiency — an inquiry into class action proceedings and third-party litigation funders (ALRC Report 134)

ASIC takes strong stance to "litigate first" following the Financial Services Royal Commission by Andrew Lacey of McCabe Curwood - the Australian Securities and Investments Commission has indicated that it will be more litigious following the Financial Services Royal Commission

Drug infringement notices : decriminalisation? by Trudie Cameron of Armstrong Legal - looks at the proposed trial of drug infringement notices by the NSW Government

Fine tuning the obligation of good faith – lessons for franchisors by Shaun Temby and Natalie Wendon of Maddocks - examines good faith and franchising

Law Report (ABC) for 29 January 2019 presented by Damien Carrick - How well does our coronial system serve the needs of grieving families?

The legality of rebel courts during non-international armed conflicts by Mark Klamberg of University of Oxford - considers the legality of rebel courts and international humanitarian law, human rights law and international criminal law issues related to them

State reports (Western Australia), Volume 96(1), January 2019 - in this issue : Frasers Queens Pty Ltd v Tan / Bethanie Group Inc v Presiding Member, Metro North-West Joint Development Assessment Panel