The Library Bulletin

Commonwealth Law Reports Cases reported:

• Alcan Grove Prt Ltd v Zabic
• IMM v The Queen
• Military Rehabilitation and Compensation Commission v May
• Mok v DPP (NSW)

New Zealand Law Reports Cases reported:

• Attorney-General v Problem Gambling Foundation of New Zealand
• Cynget Farms Ltd v ANZ Bank New Zealand Ltd
• Underwood v R

Wills & Trusts Law Reports Cases reported:

• Adepoju v Akinols
• Re JS (Disposal of body)
• Slattery v Jagger & Ors

• Former Nauru MPs seek to subpoena Adeang The trial of former Nauru MPs, charged nearly two years ago over an anti-government protest was set to start last week, and the former MPs are asking the court to enforce subpoenas for the Justice Minister, David Adeang, the secretary of justice and three people in the Nauru media.

• Backyard skinny-dippers lack effective laws to keep peeping drones at bay Recent advances in technology mean we can no longer rely on fences or barriers around our homes to protect our privacy, and one skinny dipping Darwin woman has found out the hard way. Has technology has left law behind?

• Copyright law forgot schools & libraries The federal parliament recently made some long-overdue updates to Australia’s copyright laws, dragging them out of the spirit-soaked days of duplicating machines and into the digital era. But there is still one area where educational institutions face the threat of being sued by copyright owners... Illegal downloads.

• Gazette No 52 of 28 April 2017 (pages 1470-1597)
• Gazette No 51 of 21 April 2017 (pages 1383-1469)

NSW Notifications

New As Made Legislation

• Legal Profession Uniform Law - Legal Profession Uniform Admission Amendment (Academic Areas of Knowledge) Rule 2017 (2017-157)
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60 - Commencement Proclamation (2017-159)
• Uncollected Goods Act 1995 - Uncollected Goods Regulation 2017 (2017-162)

NSW new or updated in force legislation

• Legal Profession Uniform Admission Rules 2015
• Public Holidays Order 2011

NSW new or updated Bills

• Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016

• The principle of legality in Australia and New Zealand / Dan Meagher and Matthew Groves (eds)
• Street on torts / Christian Witting (14th ed)
• Implied terms in English contract law / Richard Austen-Baker
• Legal ethics / Jonathan Herring
• Veterans’ entitlements and military compensation law / Robin Creyke and Peter Sutherland

• Australian Property Law Journal - Vol 26 Part 1 - In this issue: Draw conclusions on the wall — Defence of the monumented cadastre / Proprietary estoppel and family provision: Competing moral obligations / Trustees’ bare legal title: Concept or misconception? / Loosening the screws: Should the Personal Property Securities Act 2009 (Cth) be amended to include fixture provisions

• Insurance Law Journal - Volume 28 Part 2 - Good faith in insurance law: General and independent, not a duty but an interpretative principle / PD — Degree of certainty — Unlike ever — Never say never / Contract works insurance: Faulty workmanship exclusions and scratched glass claims

• AIAL Forum - April 2017 - In this Issue:Statutory powers and constitutionally protected freedoms / Commonwealth ombudsman improving public administration through oversight / striking the right balance FOI and the contemporary world of government practice / Holding regulators to account in the NSW pollution law / The intersectionality of domestic and global accountability / Judicial review of administrative action / Public interest advocacy in the Australian competition tribunal

• Civil Justice Quarterly - April 2017 -In this issue: Some current issues in Class Actions / 25 years of Australian Class Actions / Arming the courts in collective redress - A move to "Australian style" Class Actions in the UK / Fiduciaries and Funders Litigation funders in Australian Class Actions

• Judicial Officers Bulletin - April 2017 - In this issue: Impartiality and emotion in judicial work / Recent decisions / Judicial moves

• Australian commercial law / Clive Turner and John Trone
• Terrell on the law of patents / Colin Birss (ed) et al
• Tristram and Coote's probate practice / Roland D'Costa, P Teverson and Terry Synak
• Carver on bills of lading / Sir Guenther Treitel and F M B Reynolds
• Enrichment at the claimants expense : attribution rules in unjust enrichment / Eli Ball

• New visa test to require immigrants to shotgun a VB while wearing a Bintang singlet Tough new visa laws announced this week will require would-be Australians to put away a 375mL tin of Victoria Bitter in under 30 seconds, while wearing an old singlet they picked up in Bali. Former Prime Minister Bob Hawke said he didn’t think the measures went far enough.

• Turnbull grilled over 'Australian Values' citizenship test changes Prime Minister Malcolm Turnbull says concern for his own political future was not behind an overhaul of Australia's citizenship laws.

• Retired judge recognised for service to law school Brian Sully AM QC has received an honorary fellowship from Western Sydney University.

New As Made Legislation

• Mental Health Act 2007 - Mental Health Amendment (Corresponding Law) Regulation 2017 (2017-151)
• Public Health Act 2010 - Public Health Amendment (Fees) Regulation 2017 (2017-152)

NSW new or updated Bills

• Suitors’ Fund Amendment (Costs of NCAT Appeals) Bill 2016
• Greyhound Racing (Repeal of Ban) Bill 2016

• Gazette No 51 of 21 April 2017 (pages 1383-1469)
• Gazette No 50 of 13 April 2017 (pages 1381-1382)

• Fleet Street Reports 2017 Part 4 Cases reported:
• Anan Kasei Co Ltd v Molycorp Chemicals & Oxides (Europe) Ltd [2017] 44 FSR 281
• Seven Towns Ltd v Kiddiland [2017] 44 FSR 298
• Simba Toys GMBH & Co KG v European Union Intellectual Property Office [2017] 44 FSR 329

• Criminal Appeal Reports 2017 Part 3 Cases reported:
• R v Brandford [2017] 1 Cr App R 197
• R v Sardar [2017] 1 Cr App R 216
• Ivey v Genting Casinos UK Ltd (Trading as Crockfords Club) [2017] 1 Cr App R 232
• R c Qosja [2017] 1 Cr App R 264
• R v Golds [2017] 1 Cr App R 273
• R v France [2017] 1 Cr App R 296 R v C and Others (Trade Mark) [2017] 1 Cr App R 306

• GAR (Global Arbitration Review) Journal 2017 Vol 12(1) In this issue: The March of the robots: When international arbitration meets artificial intelligence / Choose arbitration: 20 years of England's 1996 act / Menon's lessons from the Croatia-Slovenia case / Born: Is there a substitute for experience

• Public Law (April) 2017 In this Issue: Judicial Retirement ages in the UK: Legitimate aims and proportionate means? / Reconsidering mandatory reconsideration / The outer limits of English Judicial review / Unashamed liberalism: Liberal, Illiberal and Anti-liberal minorities

• Proctor 2017 Vol 37(3) In this issue: How binding are standard terms? / Toward better justice for children / Family Court recognises parents under US surrogacy order / Reflections in a legal mirror

• Law Institute Journal 2017 Vol 91(4) In this issue: Lawyers going bush / Trouble in youth detention centres / Restorative justice in the Children's Court

• Australian Journal of Competition and Consumer Law 2017 Vol 25(1) In this issue: Triple A rated? regulating online information disclosures / Is there a gap in the unfair contract term provisions between a "consumer contract" and a "small business contract"? / The Cartelist's dilemma: leniency policies and game theory

• Public Law (April) 2017 In this Issue: Judicial Retirement ages in the UK: Legitimate aims and proportionate means? / Reconsidering mandatory reconsideration / The outer limits of English Judicial review / Unashamed liberalism: Liberal, Illiberal and Anti-liberal minorities

• Councils fighting mergers could face multiple polls Voters at 15 NSW councils in the middle of legal fights against mergers will nonetheless go to the polls this year, in elections that will cost millions and which critics say could have to be repeated within a year.

• United Airlines isn't alone in overbooking. It's legal in Australia and 'fairly common' You've paid for your seat, turned up on time and next minute you're being asked to leave the plane. That's what happened to a passenger on United Airlines because the plane was overbooked — but he was literally dragged off the flight when he refused to move! Overbooking happens in Australia too, in fact an expert says it's fairly common. And while airlines here differ on what happens next, you might be able to turn the situation to your advantage.

• Legal Aid Funding Crisis Calls by academic lawyers, lawyer organisations and legal assistance organisations for increased funding in the May budget for legal aid and a reversal of proposed community legal centre funding cuts should be heeded by the federal government,

A group of UVA law librarians, faculty, and alumni have assembled a database of drafting histories from the major post-World War II human rights treaties.

At the “What’s Next for Human Rights Scholarship?” conference on March 31, law librarians Ben Doherty and Loren Moulds presented the Law Library’s new searchable database of preparatory works, or travaux préparatoires, of the United Nations’ core human rights agreements. Until the Law Library undertook the initiative, the travaux were only selectively available in electronic format, as excerpts in published guides to the travaux, and in hardcopy or microfiche at U.N. depository libraries.

The database will allow international law scholars, lawyers, and students around the world to study the origins and influences of several key sources of international law.

New As Made Legislation

• Uniform Civil Procedure (Amendment No 84) Rule 2017 (2017-130)

New or updated in force legislation

• Uniform Civil Procedure Rules 2005

• Gazette No 49 of 13 April 2017 (pages 1298-1380)
• Gazette No 48 of 11 April 2017 (pages 1293-1297)
• Gazette No 47 of 10 April 2017 (pages 1285-1292)

• Building Law Reports: Part 2 [2017] Contents:
• Bitumen Invest AS v Richmond Mercantile Ltd
• Dacy BUilding Services Ltd v IDM Properties LLP
• Energy Solutions EU Ltd v Nuclear Decommissioning Authority
• Octoesse LLP v Trak Special Projects Ltd
• Willmott Dixon Construction Ltd v Robert West Consulting Ltd

• Law of insurance broking / Christopher Henley and Simon Kemp
• Spencer Bower : reliance-based estoppel / Piers Feltham, Daniel Hochberg and Tom Leech
• Varieties of restitution / Ian Jackman
• Children, parents and the courts : legal intervention in family life / John Seymour
• Street on torts / Christian Witting
• Jackson & Powell on professional liability / John L Powell and Roger Stewart
• Corporate governance / John Farrar and Pamela Hanrahan

New As Made Legislation

• Constitution Act 1902 - Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2017 (2017-128)
• Uniform Civil Procedure (Amendment No 84) Rule 2017 (2017-130)

New or updated in force legislation

• Civil Liability Act 2002 No 22
• Civil Procedure Act 2005 No 28
• Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 No 16
• Criminal Procedure Act 1986 No 209

New or updated Bills in Parliament

• Fire and Emergency Services Levy Bill 2017
• Gas and Electricity (Consumer Safety) Bill 2017
• Greyhound Racing Bill 2017
• Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Bill 2017
• State Revenue Legislation Amendment Bill 2017

• Gazette No 46 of 7 April 2017 (pages 1159-1284)
• Gazette No 45 of 5 April 2017 (pages 1157-1158)

• Intellectual Property Reports (March 2017) 121 IPR 349-538 - Table of Cases Reported:
• Alphapharm Pty Ltd v Gilead Sciences Inc (IP Aust — S D Barker)
• Andando Pty Ltd v DDT Liners (Australia) Pty Ltd (IP Aust — B Irgang)
• Aristocrat Technologies Australia Pty Ltd (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) (FCAFC — Full Court)
• Bing Boy IP Pty Ltd v Bing Go Street Food (IP Aust — C Condon)
• Cartier InternationalAG v British Sky Broadcasting Ltd (HC14 C001056) (EWCA Civ—Full Court)
• Cartier International AG v British Sky Broadcasting Ltd (EWCA Civ — Full Court)
• CFX Funds Management Pty Ltd v McMahon (IP Aust — M Kirov) Coca-Cola Co v Frucor Beverages Ltd (IP Aust — M Kirov)
• Commonwealth Scientific & Industrial Research Organisation v Agriculture Victoria Services Pty Ltd (IP Aust — L L Press)
• Dyno Nobel Inc v Orica Explosives Technology Pty Ltd (IP Aust — O L Haggar) (2016) 121.191
• ExxonMobil Upstream Research Co v Shell Internationale Research Maatschappij BV (IP Aust — S D Barker)

• Fodmap Pty Ltd v Monash University (IP Aust — A Richards)

• Australian Law Reports (2017) 340 ALR 550-621 - Table of Cases reported:

• Agricultural Societies Council of NSW Ltd v Christie (NSWCA— Full Court)
• Australian Careers Institute Pty Ltd v Australian Institute of Fitness Pty Ltd (NSWCA— Full
• Court)
• Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (ACN
• 003 274 655) (FCAFC — Full Court)
• Australian Securities and Investments Commission v Drake (No 2)
• Burroughs v Australian Prudential Regulation Authority (APRA)
• Culbong v Native Title Registrar WAD 140 of 2016 (FCAFC — Full Court)
• Eades v Native Title Registrar WAD 138 of 2016 (FCAFC — Full Court)
• Elecnet (Aust) Pty Ltd (as trustee for the Electrical Industry Severance Scheme) v Commissioner of Taxation (HCA — Full Court)
• McGlade (formerly Wanjurri-Nungala) v Native Title Registrar WAD 137 of 2016
• Mercanti v Mercanti (HCA — Kiefel J)
• Mercanti v Mercanti (WASCA — Full Court)
• National Australia Bank Ltd (ACN 004 044 937) v Garrett (in his own capacity and in his capacity as trustee of each of the Andrew Garrett Family Trust No 4, the Andrew Garrett Family Trust
• No 3, the Andrew Garrett Family Trust No 2, and the Andrew Garrett Family Trust) (FCA — Beach J)
• Re Questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Robert John DayAO (HCA—Gordon J)
• Re Questions referred to the Court of Disputed Returns pursuant to section 376 of the
• Commonwealth Electoral Act 1918 (Cth) concerning Senator Rodney Norman Culleton (HCA — Gageler J)
• RP v R (HCA — Full Court)
• Smith v Native Title Registrar WAD 139 of 2016 (FCAFC — Full Court)
• Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd (HCA— Full Court)
• Treasury Wine Estates Vintners Ltd (ACN 004 094 599) v Garrett (in his own capacity and in his capacity as trustee of each of the Andrew Garrett Family Trust No 4, the Andrew Garrett Family
• Trust No 3, the Andrew Garrett Family Trust No 2, and the Andrew Garrett Family Trust) (FCA — Beach J)
• TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd (No 2) (FCA — Davies J)

The long anticipated online database of ET decisions was launched on 9th February this year by HM Courts & Tribunals Service: www.gov.uk/employment-tribunal-decisions

All tribunal judgments from the launch date are now available online.

• Judge raps silk for calling Seven ‘one of the biggest boys’ clubs’ - Top human rights silk Julian Burnside QC was reprimanded in court yesterday for accusing Seven of being “one of the country’s biggest boys’ clubs” as he continued his defence of the former lover of Seven West Media boss Tim Worner.

• Criminal barrister looks back on a blind man's bluff - Carl Synnerdahl was a professional criminal. He was a very active criminal. He was a "heavy''. His lengthy criminal record chronicled many occasions when his planning of crimes had failed. A stretch in prison, therefore, was just looked upon as being an occupational hazard.

• Lifeline for NSW community legal centres - The Law Society of NSW has applauded the state government’s decision to provide a $6 million ‘rescue package’ to community legal centres.

• Diverse views aplenty on the future of legal profession - Several industry experts have shared what they believe will be the biggest challenges for the legal profession in years to come, demonstrating varied standpoints on diversity, the future of mid-tiers, cyber-security, artificial intelligence, technology, mental health and collaborations, to name a few.

• Civil procedure : the White Book service 2017 / Lord Justice Jackson
• Chalmers and Guest on bills of exchange, cheques and promissory notes / S J Gleeson
• Law of insurance broking / Christopher Henley and Simon Kemp
• The Tasmanian Dam Case 30 years on : an enduring legacy / Michael Coper, Heather Roberts and James Stellios (eds)