The Library Bulletin

A "dramatic expansion" of liability? High Court considers liability of developers and contractors for negligent construction work by Luke Carbon, Bryce Wray and Diana Chen of Ashurst

AI means the end of internet search as we've known it by Mat Honan in MIT Technology Review

The Aristotelian legislator and constituent power by George Duke, Chapter for The Oxford Handbook of Constituent Power (forthcoming)

Can ChatGPT be an author? Generative AI creative writing assistance and perceptions of authorship, creatorship, responsibility, and disclosure by Paul Formosa, Sarah Bankins, Rita Matulionyte and Omid Ghasemi on SSRN

Giving voice to indigenous peoples in a constitutionally conservative way : Edmund Burke, Walter Bagehot and the Uluru Statement from the Heart by Shireen Morris on SSRN

The infamous Stanford prison experiment was flawed – so why is it still so influential today? by Gina Perry on The Conversation

Jurisdictional fact or fiction - can the court decide? by Nikki Miller, Isobel Carmody and Madeleine Matkowsky of MinterEllison

Law Report (ABC) for 31 December presented by Damien Carrick - Two hundred years of the NSW Supreme Court

Law Report (ABC) for 7 January presented by Damien Carrick - NDAs in sexual harassment cases

Law Report (ABC) for 14 January presented by Damien Carrick - Children and medical consent

Watch out! Jail time now in play for wage thieves by Amanda Lyras, Daniel Bartlett, Lily Kitteringham and Benjamin Park of Clayton Utz

When will employers be liable for compensation for injuries sustained at home? by Catherine Dunlop, Emma Short and Sophie Cant of Maddocks

Witness preparation and the corruption of memory : a survey of Australian trial judges by Mark J Steele, Jason M Chin and Celine van Golde in Melbourne University law review, (2024) Volume 48(1) p 152-201

Due to the early completion of maintenance works the Bar Library will now reopen on Wednesday 22 January. The Librarians will continue to work remotely (9am-5pm) up until that date – hard copy materials will remain unavailable until reopening. We apologise for any inconvenience.

Mobius Group Pty Ltd v Inoteq Pty Ltd [2024] WADC 114 - third party fraud, negligence, duty of care, economic loss from fraudster's interference in email communications

Surveillance tech is changing our behaviour – and our brains by Kiley Seymour and Roger Koenig on The Conversation

WA court ruling sets precedent for business liability when exposed to scammers by Grace Burmas on ABC

Australia's long-delayed privacy reform Bill - first instalment only? by Katharine Kemp and Graham Greenleaf in (2024) 191 Privacy Laws & Business International Report 27-29

Compulsory acquisition - reinstatement claim for open space goes down the drain by Tom White and Alex Beale of Lander and Rogers

Evil corporations in horror fiction by Penny Crofts, Evil Corporations: Law, Culpability and Regulation, Penny Crofts (Ed) Routledge 2025, Chapter 8.

High Court rules employer liable for psychiatric injuries resulting from breach of employment contract by George Haros of Gadens

New Aged Care Act - a turning point for the sector by Lucille Scomazzon, Tamie Duncan-Bible snd Rachel Herkes of Maddocks

What is the rule of law and why does it matter?, Lord Sales, The Robin Cooke Lecture, Victoria University of Wellington/Te Herenga Waka

Is Australian English under threat from the Americans? It's not as simple as you might think by Howard Manns and Kate Burridge on The Conversation

Jimmy Carter's idealism and humility left a lasting imprint on American life by Jared Mondschein on The Conversation

Inner West Council v Transport for NSW [2024] NSWLEC 138 - valuing open space land under the Land Acquisition (Just Terms Compensation) Act 1991

SY v Public Guardian [2024] NSWSC 1669 - guardianship, factors warranting an exercise of parens patriae jurisdiction

Due to building works taking place during January, the Bar Library is operating remotely. Opening hours are 9am-5pm and access to hard copy materials will be unavailable until the Bar Library premises reopens on Tuesday 28 January. We apologise for any inconvenience during this time.

Australian employers may be liable for psychiatric injury caused by a breach of an employment contract, High Court rules by Vince Rogers and Cristina Trafficante of Lander and Rogers

Bunnings' use of facial recognition technology found to breach the Privacy Act – what lessons can be learned? by Dudley Kneller, Sinead Lynch, Antoine Pace and Mitchell Wright of Gadens

FOGO is GO GO in NSW by Joshua Same, Sarah De Ceglie and Gabriel McGuire of Maddocks

Going out on a Lim : reconceptualising the constitutional limit on preventative detention, Aryan Mohseni, Zachary Gomes and Charlie Ward on SSRN

Launch of the Australasian Association of Private International Law, Chief Justice Bell

Law Report (ABC) for 17 December presented by Damien Carrick - How stressful is it to be a judge or magistrate?

Pre and post nuptial agreements, vitiating factors, and the role of a trial judgePeterNyghMemorialLecture.pdf ""), Justice Edelman, Peter Nygh Memorial Lecture, 20th National Family Law Conference

Reconciling equitable claims with Torrens title by Rohan Havelock on SSRN

Section 7A and Sir John Peden : a constitutional collision between law and politics, Justice Elisabeth Peden

The United Kingdon Supreme Court confirms the immovables rule is immovable : Kireeva v Bedzhamov [2024] UKSC 39 by Laura Mills, Commercial Bar Association

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Final Episode of the Year - Answering YOUR Questions (Part 2)

Crypto Open Patent Alliance v Dr Craig Steven Wright [2024] EWHC 3315 (Ch) - contempt of court, "a clear breach" of a court order in March that barred him from launching or threatening further legal action related to Bitcoin

Dairy UK v Oatly AB [2024] EWCA Civ 1453 - 'milk' can only be used to market animal based products

Gemi 193 Pty Ltd v Zhu [2024] NSWSC 1113 - equity, guarantees, unconscionable conduct, special disability or disadvantage

Harris Health Care Pty Ltd (receivers and managers appointed) (in liq) v Hayes [2024] NSWCA 301 - set-off, application of "rule in Cherry v Boultbee"

Can you run through airport security for love? Leave a child home alone? Here’s what the law says about Christmas movies by Rick Sarre, Ben Livings, Jennifer McKay, Matthew Atkinson, Michelle Fernando, Paula Zito and Sarah Moulds on The Conversation

Homeless Canberra man appeals unauthorised camping conviction for sleeping in his car on national land by Charlotte Gore on ABC

Annotated criminal legislation New South Wales 2024-2025 / Roderick N. Howie and Peter A. Johnson

Annotated family law legislation (8th ed.) / Richard Chisholm, Julie Kearney and Martha R. M. Barnett

The Bar Library will close from midday on Friday 20 December. Due to building works taking place during January, the Bar Library will operate remotely after reopening on 6 January 2025. Opening hours will be 9am-5pm and access to hard copy materials will be unavailable until the Bar Library premises reopens on Tuesday 28 January. We apologise for any inconvenience during this time.

Historic climate change advisory : what the case before the International Court of Justice might mean by Zunaida Moosa Wadiwala on The Conversation

Mexico just put animal welfare into its national constitution by Sam Delgado on Vox

The 5 cases podcast presented by Caitlin Akthar of Forbes Chambers, Sophie Anderson of Commercial Bank Chambers and Paul Coady of Public Defenders Chambers - Episode 13 : Lee v R (Cth) [2024] NSWCCA 202, R v Youseff (No 3) [2024] NSWSC 1261, RE v R [2024] NSWCCA 180, Barwick v R [2023] NSWCCA 139, McGregor v R [2024] NSWCCA 200

Bankruptcy in the space sector, Akshaya Kamalnath, ANU College of Law

Law Report (ABC) for 10 December presented by Damien Carrick - Decades on, suspect charged over Easey Street killings; Warning signs and legal liability

Liability in nuisance derailed by Chris Erfurt, Will Golinelli and Joshua Keenan of Clayton Utz

Technology without borders : global co-operation and domestic impacts, Justice Perry, Australian Government Solicitor Administrative Law Conference

Waller v Barrett : another step towards a right of action for serious invasions of privacy by Dean Gerakiteys, Joel Parsons and Grace Griffiths of Clayton Utz

Where to now? The High Court weighs in on abuse claims by Elias Eliadis of Clayton Utz

Commonwealth of Australia v Sanofi [2024] HCA 47 - damages, generic pharmaceutical products

Elisha v Vision Australia Limited [2024] HCA 50 - damages, breach of contract

Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales [2024] NSWCA 292 - compulsory acquisition of land, compensation, market value of land, statutory disregard of certain increases or decreases in value of land, public purpose for which the land acquired, meaning of "public purpose"

Kramer v Stone [2024] HCA 48 - equitable estoppel

Oswell v Sublime Install Pty Ltd [2024] NSWSC 1586 - workers' compensation

Pafburn Pty Limited v The Owners - Strata Plan No 84674 [2024] HCA 49 - torts, negligence

Derham on the law of set-off (5th ed.) / Rory Derham

The Bar Librarians request that members please return any overdue items or items that will not be used over the holiday closure period.

Please remember that the physical premises of the Bar Library will be closed from 20 December 2024 until 28 January 2025.

The Bar Library will close from midday on Friday 20 December. Due to building works taking place during January, the Bar Library will operate remotely after reopening on 6 January 2025. Opening hours will be 9am-5pm and access to hard copy materials will be unavailable until the Bar Library premises reopens on Tuesday 28 January. We apologise for any inconvenience during this time.

Proclamations commencing Acts

Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024 No 59 (2024-622) — published LW 13 December 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 No 12 (2024-623) — published LW 13 December 2024

Music Festivals Amendment Act 2024 No 61 (2024-621) — published LW 12 December 2024

Residential Tenancies Amendment Act 2024 No 75 (2024-624) — published LW 13 December 2024

Transport Administration Amendment Act 2024 No 58 (2024-625) — published LW 13 December 2024

Proclamations commencing Acts

Aboriginal Land Rights Amendment Act 2022 No 68 (2024-612) — published LW 6 December 2024

Bills assented to

Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 No 96 — Assented to 02 December 2024

Crimes Amendment (Obstructing a Railway) Act 2024 No 93 — Assented to 02 December 2024

Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 No 91 — Assented to 02 December 2024

Public Health (Tobacco) Amendment Act 2024 No 94 — Assented to 02 December 2024

Public Health (Tobacco) Amendment Act (No 2) 2024 No 87 — Assented to 02 December 2024

Revenue Legislation Further Amendment Act 2024 No 90 — Assented to 02 December 2024

Royal Botanic Gardens and Domain Trust Amendment Act 2024 No 86 — Assented to 02 December 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Act 2024 No 88 — Assented to 02 December 2024

Transport Administration Amendment (NSW Motorways) Act 2024 No 95 — Assented to 02 December 2024

Victims Rights and Support Amendment (Victims Support Counselling) Act 2024 No 92 — Assented to 02 December 2024

Witness Protection Amendment Act 2024 No 89 — Assented to 02 December 2024

Can a no set-off clause preclude a challenge to its or the contract's validity? by John Ren, The University of Auckland Business School Research Paper (forthcoming)

Can an iPhone note really be a will? by Krystal Bellamy of HopgoodGanim

Current issues and routine patterns in estate litigation, across jurisdictional boundaries and in social context, Justice Lindsay, STEP NSW

How to write legal science-fiction : a primer by Stephen Krueger on SSRN

A Human Rights Act for NSW, The Hon Michael Kirby AC CMG at University of Sydney

Human rights protection in Australia : an overview, The Hon Kristen Walker KC and Georgie Clough, Trans-Tasman Human Rights Conference

Law Report (ABC) for 3 December presented by Damien Carrick - How police use and misuse tasers

Looking through trusts by Adam S. Hofri-Winogradow and Mark J. Bennett, Osgoode Hall Law Journal (forthcoming)

Purpose in law and in interpretation, Lord Sales, F.A. Mann Lecture Revisiting proportionality, Justice Kirk, ANU Leslie Zines Symposium

Trademarks that will never be used can be ‘bad faith’ business – a UK case has lessons for NZ and Australia by Rob Batty on The Conversation

When Homer nods : how courts respond to mistakes in legislation, Lady Rose, The Statute Law Society : The Renton Lecture

97% of adult Australians have limited skills to verify information online – new report by Sora Park and Tanya Notley on The Conversation

Can whales gain legal personhood? Law firms break new ground by Rob Hutchins in Oceanographic Magazine

Once 'hated, ignored and rejected', Judge Simon Stretton's punk rock band Black Chrome has found a cult following by Alison McClymont on ABC

Top UN court to rule on key climate questions by Matt McGrath on BBC

Bianca Fuller & Anor v Mark Lawrence [2024] HCA 45 - administrative law, judicial review

BIF23 by his litigation guardian the Public Advocate v Minister for Immigration, Citizenship & Multicultural Affairs [2024] HCA 44 - immigration, visas

Pearson v Commonwealth of Australia & Ors; JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor; Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 46 - statutes, construction, Migration Act 1958 (Cth)

SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36 - trade marks, bad faith

Access to justice in rural communities : global perspectives / Daniel Newman and Faith Gordon (eds.)

Ian Barker QC, prince of barristers / Stephen L. Walmsley

The regulation of international commercial arbitration : arbitrators' duties and the emerging arbitral market / João Ilhão Moreira