The Library Bulletin

• ICAC Commissioner Megan Latham's removal either a bungle or pure political cowardice In becoming the first NSW Premier to remove a sitting head of the state's corruption watchdog, Mike Baird is guilty of either a spectacular bungle or an act of pure political cowardice. [Source: SMH]

• Activist grandfather feels legal wrath for doing what politicians have been doing for months The Government has turned its high level legal officers on a 66 year-old Sydney man for using the Medicare logo on a non-profit website.[Source: News.com.au]

• Australia’s politicians have promoted xenophobia: UN expert Special rapporteur on human rights of migrants calls for government to maintain section 18C of Racial Discrimination Act [Source: The Guardian]

• Firm launches first criminal robo-lawyer An Australian firm is about to unveil a free robot service for people who are unable to afford lawyers in criminal cases. [Source: Lawyers Weekly]

NSW Notifications Week Beginning 21 November 2016

New As Made legislation

• Ballina Local Environmental Plan 2012 (Amendment No 25)
• Cessnock Local Environmental Plan 2011 (Amendment No 23)
• Confiscation of Proceeds of Crime Act 1989 - Confiscation of Proceeds of Crime Amendment (Forms) Regulation 2016
• Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016 No 6 - Commencement Proclamation
• Electricity Generator Assets (Authorised Transactions) Act 2012 - Electricity Generator Assets (Authorised Transactions) Amendment (Dissolution of Delta Electricity) Proclamation 2016
• Lake Macquarie Local Environmental Plan 2014 (Amendment No 12)
• Lake Macquarie Local Environmental Plan 2014 (Amendment No 17)
• Legal Profession Uniform Law - Legal Profession Uniform Admission Amendment (Qualifications and Supervision) Rule 2016
• Legal Profession Uniform Law (NSW) - Legal Profession Uniform Continuing Professional Development (Barristers) Amendment (Designated Local Regulatory Authority) Rule 2016
• Legal Profession Uniform Law (NSW) - Legal Profession Uniform Continuing Professional Development (Solicitors) Amendment (Designated Local Regulatory Authority) Rule 2016
• Legal Profession Uniform Law (NSW) - Legal Profession Uniform General Amendment (External Examiners) Rule 2016
• Local Government Act 1993 - Local Government (General) Amendment (Transitional Auditors) Regulation 2016
• Orange Local Environmental Plan 2011 (Amendment No 10)
• State Authorities Non-contributory Superannuation Act 1987 - State Authorities Non-contributory Superannuation Amendment (TJS Services Group Pty Limited) Order 2016
• State Authorities Superannuation Act 1987 - State Authorities Superannuation Amendment (TJS Services Group Pty Limited) Order 2016
• Strathfield Local Environmental Plan 2012 (Amendment No 9)

• NSW new or updated in force legislation

NSW new or updated Bills

• Biodiversity Conservation Bill 2016
  • Crown Land Management Bill 2016
  • Fisheries Management Amendment (Shark Management Trials) Bill 2016
  • Independent Commission Against Corruption Amendment Bill 2016
  • Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016
  • Land Acquisition (Just Terms Compensation) Amendment Bill 2016
  • Law Enforcement Conduct Commission Bill 2016
  • Local Land Services Amendment Bill 2016
  • Regulatory and Other Legislation (Amendments and Repeals) Bill 2016
  • Rock Fishing Safety Bill 2016

• Mann's annotated Insurance Contracts Act / Peter Mann and Candace Lewis
• International arbitration and forum selection agreements : drafting and enforcing / Gary B Born
• Accessories in private law / Joachim Dietrich and Pauline Ridge
• Civil procedure in Papua New Guinea / John A Griffin and Dominic Katter
• Hayes & Eburn criminal law and procedure in New South Wales / Michael Eburn, Roderick Howie, Paul Sattler and Marissa Hood

• NSW Law Reports
• Federal Court Reports
• State Reports (WA)
• Lloyd's Law Reports

• Law Society Journal
• The European Arbitration Review 2017 (A Global Arbitration Review Special Report)
• The Australian Law Review
• Judicial Officers Bulletin
• The Company Lawyer

The Australian Law Journal's latest issue includes:

• Lord Atkin: Principle and Progress PDT Applegarth
• "What's in a name" Justice Emilios Kyrou

High Court Reports

• Lyons v Queensland
• Prince Alfred College Inc v ADC

Maciej Szpunar, advocate general to the Court of Justice of the European Union (CJEU), who previously said that lending out e-books should be permitted, provided authors are fairly compensated in the same way as for physical books.

The European Union's highest court was asked to rule on a case brought by the association of Dutch public libraries—Vereniging Openbare Bibliotheken (VOB)—against Stichting Leenrecht, an authors' rights collecting foundation. VOB argued that the rules should be the same for digital lending as for traditional books, and the District Court in The Hague asked the CJEU to clarify whether that view was consistent with a 2006 EU copyright directive on rentals and lending.

Continue Reading {source: Arts Technica UK]

Articles in the latest issue:

• Anti-Semitism, hate speech and Pt IIA of the Racial Discrimination Act Ronald Sackville AO QC
• Liquidator remuneration, creditor dividends and the public interest: recent NSW Supreme Court decisions and the continuing need for reform A Keith Thompson
• Should lower court judges bind magistrates and tribunals? Oliver Jones

High Court Reports:

• Deal v Father Pius Kodakkathanath
• Jakaj v Director of Public Prosecutions (SA)
• Maritime Union of Australia v Minister for Immigration and Border Protection
• Miller v The Queen
• Murphy v Electoral Commissioner
• NH v Director of Public Prosecutions (SA)
• Presley v Director of Public Prosecutions (SA)
• R v Baden-CLay
• Smith v The Queen
• Sio v The Queen
• Stakaj v Director of Public Prosecutions (SA)
• Zefi v Director of Public Prosecutions (SA)

• Former Minister slams ICAC as Government passes overhaul ICAC overhaul passes ICAC overhaul passes NSW Parliament; Mike Gallacher savages 'discredited' watchdog [Source: ABC]
• Australia dubbed 'fossil of the day' after lobbying for coal mine at climate talks Australia has used a summit on reducing greenhouse gas emissions to lobby the US energy minister in support of the development of one of the world’s largest coalmines. The move, by the Australian environment and energy minister, Josh Frydenberg, at the Marrekech meeting, won Australia the “fossil of the day” award, announced daily by the Climate Action Network to the countries that perform the worst at UN climate talks.[Source: The Guardian]
• Conwoman who pretended to be barrister, Wonderbra model, heiress and cancer victim jailed for five years A “ruthless” conwoman who pretended to be a barrister, a Wonderbra model, a wealthy heiress, a dying cancer victim and even Heston Blumenthal’s “design guru” has been jailed for an “extraordinary” catalogue of frauds. [Source: Telegraph (UK)]

• Trump may be impeached, says law professor Even though Donald Trump is yet to be sworn in as the 45th president of the United States of America, there’s already talk of impeaching him. [Source: Australiasian Lawyer]

• Stamina trousers and Aeroplane jelly: 200 years of Australian advertising – in pictures - Need a short break? Take a look at some of the best Australian advertisements from the last 200 years [Source: The Guardian]

• Gazette No 93 of 15 November 2016 (pages 3173-3174)
• Gazette No 92 of 11 November 2016 (pages 2962-3172)
• Gazette No 91 of 8 November 2016 (pages 2959-2960)

• Insolvent trading and fraudulent trading in Australia : regulation and context / John Gooley and Mitchell Gooley
• Equity and administration / P G Turner (ed)
• Goode on commercial law / Ewan McKendrick
• Aldridge : powers of attorney / Trevor M Aldridge, Geoffrey A Shindler and Susan E Sherry
• Hayes & Eburn criminal law and procedure in New South Wales / Michael Eburn, Roderick Howie, Paul Sattler and Marissa Hood

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 The library will be open from 9am to 5pm between Monday 23 January 2017 and Friday 27 January 2017 Normal opening hours will resume from Monday 31 January 2017

NSW Notifications for the Week Beginning 14 November 2016

NSW New or updated Bills in Parliament

• Biodiversity Conservation Bill 2016
• Climate Change Bill 2016
• Crown Land Management Bill 2016
• Fisheries Management Amendment (Shark Management Trials) Bill 2016
• Greyhound Racing (Repeal of Ban) Bill 2016
• Human Tissue Amendment (Trafficking in Human Organs) Bill 2016
• Independent Commission Against Corruption Amendment Bill 2016
• Land Acquisition (Just Terms Compensation) Amendment Bill 2016
• Law Enforcement Conduct Commission Bill 2016
• Local Land Services Amendment Bill 2016
• Regulatory and Other Legislation (Amendments and Repeals) Bill 2016
• Rock Fishing Safety Bill 2016

New As Made legislation

• Ashfield Local Environmental Plan 2013 (Amendment No 3) (2016-670)
• Bathurst Regional Local Environmental Plan 2014 (Amendment No 7) (2016-671)
• Fines Amendment (Electronic Penalty Notices) Act 2016 No 39 - Commencement Proclamation (2016-663)
• Forestry Act 2012 - Forestry Amendment (Delegation) Regulation 2016 (2016-664)
• Greater Sydney Commission Act 2015 - Greater Sydney Commission (Planning Panels) Order 2016 (2016-665) - Greater Sydney Commission Act 2015 - Greater Sydney Commission Regulation 2016 (2016-666)
• Industrial Relations Amendment (Industrial Court) Act 2016 No 48 - Commencement Proclamation (2016-674)
• Lake Macquarie Local Environmental Plan 2014 (Amendment No 20) (2016-672)
• Port Stephens Local Environmental Plan 2013 (Amendment No 17) (2016-673)
• Road Transport Act 2013 - Road Transport Legislation Amendment (Mobile Phones—P2 Licences) Regulation 2016 (2016-667)
• Roads Act 1993 - Roads Amendment (Authorised Officers) Regulation 2016 (2016-668)
• Workers Compensation Act 1987 - Workers Compensation Amendment (Death Benefits) Regulation 2016 (2016-669)

NSW new or updated in force legislation

• The Weekly Law Reports (ICLR)
• State Reports (WA)
• Lloyd's Law Reports
• Tasmanian Reports
• Wills & Trusts Law Reports

• Law Institute Journal
• Criminal Law Review
• The Australian Law Review
• Company Law Newsletter
• The Economist

• Gazette No 91 of 8 November 2016 (pages 2959-2960)
• Gazette No 90 of 4 November 2016 (pages 2954-2958)
• Gazette No 89 of 4 November 2016 (pages 2952-2953)
• Gazette No 88 of 4 November 2016 (pages 2910-2951)

• Malcolm Turnbull is breaking international law with cruel lifetime refugee ban [Source: SMH]
• Could Americans Claim Refugee Status Under Trump? [Source: lifehacker]
• George Brandis is unfit to be attorney general, parliamentary committee finds [Source: The Guardian]
• Government challenges election of One Nation senator Rod Culleton [Source: The Guardian]
• Whistleblower law reform needed in Australia: Christmas Island class action lawyer says [Source: SMH]

• NSW criminal law 2016 / A M Blackmore and G S Hosking
• Equity and administration / P G Turner (ed)
• Shanahan's Australian law of trade marks and passing off / Mark Davison and Ian Horak
• Making banking and finance law : a snapshot : working papers of the Academic Committee of the Banking and Financial Services Law Association / Sheelagh McCracken and Shelley Griffiths (eds)
• The boundaries of Australian property law / Hossein Esmaeili and Brendan Grigg
• Cowen & Zines's federal jurisdiction in Australia / Geoffrey Lindell
• Children and the law in Australia / Lisa Young, Mary Anne Kenny and Geoffrey Monahan

NSW Notifications Week Beginning 7 November 2016

NSW new or updated Bills

• Aboriginal Land Rights Amendment (Local Aboriginal Land Councils) Bill 2016
• Biodiversity Conservation Bill 2016
• Crown Land Management Bill 2016
• Fisheries Management Amendment (Shark Management Trials) Bill 2016
• Law Enforcement Conduct Commission Bill 2016
• Local Land Services Amendment Bill 2016
• Regulatory and Other Legislation (Amendments and Repeals) Bill 2016
• Retail Leases Amendment (Review) Bill 2016
• Rock Fishing Safety Bill 2016

New As Made legislation Bellingen Local Environmental Plan 2010 (Amendment No 7) (2016-660) Criminal Procedure Amendment (Summary Proceedings for Indictable Offences) Act 2016 No 44 - Commencement Proclamation (2016-661) Electricity Retained Interest Corporations Act 2015 No 6 - Commencement Proclamation (2016-657) Local Government Act 1993 - Local Government Amendment (Amalgamations) Proclamation 2016 (2016-662) Strata Schemes Development Act 2015 - Strata Schemes Development Regulation 2016 (2016-659) Strata Schemes Development Act 2015 No 51 - Commencement Proclamation (2016-658)

• The Criminal Law Review
• Civil Justice Quarterly
• Law Society Journal
• Proctor
• The New Zealand Law Journal
• Company Law Newsletter
• Taxation in Australia

• Commonwealth law Reports
• Building law reports
• Medical law reports

In latest issue of the Australian Law Journal..

Articles

• Restitution: some historical remarks - Chief Justice Allsop
• A legal history and overview of the land borders of the Australian states - Professor Gerard Carney

High Court Reports:

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd Graham v The Queen Immigration and Border Protection, Minister for v SZSSJ Immigration and Border Protection, Minister for v SZTSI Paciocco v Australia % New Zealand Banking Group

Bob Day High Court case would set a precedent and have far-reaching implications. The likely High Court case about Bob Day's eligibility to be a senator will set a legal precedent that could endanger other politicians' right to sit in Parliament. [Source: ABC]

Allegations shift focus to darker side of law Legal circles have been rocked by explosive media claims that senior lawyers and barristers are among those alleged to have abused their positions of power in a string of sexual harassment allegations. [Source: Lawyers Weekly]

Qld Attorney-General lauds resigning senior judge She is the first woman to preside over an appellate court in Australia and has served 25 years as a Queensland judge. [Source: Australiasian Lawyer]

One Nation Senator Rod Culleton could be referred to High Court The Turnbull government’s hopes of delivering budget repair and cracking down on union rorts could be in trouble after a second senator was referred to the High Court. [Source: The Australian]

The State Library, in partnership with the National Library of Australia, has digitised over one million pages of historic NSW Government Gazettes to make the entire collection now available online - for free! Over 150 years of government records are now digitised and online for the first time. The Gazettes are significant official records relating to every facet of government, from the smallest local council notices to the establishment of our nation. The lives of thousands of ordinary people are mentioned in every issue, making them an essential to anyone examining the history of NSW and Australia. Now, thanks to the Library’s NSW Government funded Digital Excellence Program, they are all there online, available for everyone to use.

Start exploring the NSW Government Gazettes today!

Chief Justice Allsop has published a list of Authorities and Practice Note

This practice note provides guidance for the use of Lists of Authorities in all final hearings (including appeals), unless or to the extent that the Court otherwise orders. It applies to all parties, including those parties that are not represented by a lawyer.

Please click on this link to view the Lists of Authorities and Citations Practice Note