The Library Bulletin

• 'I don’t take orders from the chief justice': How Nauru ousted its judicial leaders Sealed affidavits of former magistrate Peter Law and former chief justice Geoffrey Eames, both Australian, reveal fresh details of their expulsion.

• Uluru talks: delegates walk out due to sovereignty and treaty fears Seven delegates walked out of the Uluru convention on constitutional recognition, saying their concerns about loss of sovereignty and the lack of a formal guarantee of a treaty process were not being heard.

• Angry judge locks up criminal for calling him 'mate' in court A UK judge has thrown a racist who called him "mate" in court behind bars for being disrespectful.

• US House votes to give some powers of Librarian to Trump The USA House of Representatives voted in favor of the Register of Copyrights Selection and Accountability Act (H.R. 1695). The bill’s name implies that it focuses on the mundane details of copyright law, and to some extent, it does. It also limits the position of Librarian of Congress. In particular, if it is passed by the Senate, the act will prevent Current Librarian Dr Carla Hayden from appointing the next Register of Copyrights, leaving the appointment up to the President.

• Barristers raise funds for prize in memory of Katrina Dawson Members of the NSW Bar Association have hit the pavement to raise funds for a new readers’ scholarship established in memory of Katrina Dawson, who was tragically killed in Sydney’s Lindt Café siege. Running the 21.1-kilometre course on behalf of the association was president Arthur Moses SC and barrister Ben Symons of State Chambers. The pair raised in excess of $11,600, which will help fund a prize that has been established in Ms Dawson’s name. The Katrina Dawson prize will go to a female reader who has passed the exam for the NSW bar.

The First Legislative Council, the precursor to the current NSW Parliament, is the oldest legislative body in Australia. Power was vested in the Governor of NSW as representative of the Crown in the new colony. The First Legislative Council (the Colonial Council) was established by the governor in 1824 as an advisory body of five appointed members, in relation to making the laws and other matters.

The records of this body have been digitised and are available on the NSW Parliament website, with over 60,000 documents dating from 1824 to 1855 including records of the establishment of responsible government.

Some interesting documents include:

• a Bill to abolish female transportation from 1841 "An Act to abolish the transportation of female convicts, and to provide more effectual punishment of female offenders within the colony of NSW, as authorises the confinement of any female in a dark cell"
• The declaration of the Crimean War
• a Bill from 1825 "to prevent the harbouring of runaway convicts and to prevent their tippling"

New or updated in force legislation

• Associations Incorporation Regulation 2016
• Conveyancers Licensing Regulation 2015
• Crimes (Sentencing Procedure) Act 1999 No 92
• Land and Property Information NSW (Authorised Transaction) Act 2016 No 46
• Conveyancers Licensing Act 2003 - Conveyancers Licensing Amendment (Fees) Regulation 2017 (2017-205) L- andlord and Tenant (Amendment) Act 1948 - Landlord and Tenant Amendment (Fees) Regulation 2017 (2017-210)
• Property, Stock and Business Agents Act 2002 - Property, Stock and Business Agents Amendment (Fees and Contributions) Regulation 2017 (2017-213)

• New South Wales Law Reports Vol 92 Part 5 Cases reported in this issue:
• Insurance Australia Ltd t/as NRMA Insurance v Scott
• Lin v The Age Company Ltd
• Bartlett v ANZ Banking Group
• Nash Bros Building Pty Ltd v Riverina Water County Council

Federal Court Reports Vol 245 Part 1 Cases reported in this issue:

• Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicine Authority
• Australian Workers Union v Esso Australia Pty Ltd
• Dallas Buyers Club LLC v iiNet Ltd
• Federal Commissioner of Taxation v Breakwell

District Court Law Reports (NSW) Vol 23 Part 3 Cases reported in this issue:

• Ashton Coal Operations Pty Ltd v McLawrence
• Bell Lawyers v Pentelow
• R v Chambour
• Elzahed v Commonwealth
• Nationwide News v Hibbert
• R v Spillane
• Workers Compensation (Dust Diseases) v Cunha

• Australian Law Journal Vol91/4 2017 - In this issue: Judge's sons make the final sacrifice: the story of the Australian Judicial community in the First World War by Tony Cunneen / The Honorable Sir Kenneth Jacobs KBE: A centenary appreciation by Hon William Gummow AC / The Honourable Septimus Burt KC by Julian Burt and Angelina Gomez / The changing face of Judicial Leadership: A Western Australian perspective by Robert Finch AC

• Insurance Law Journal Vol 28/2 2017 - In this issue: Good faith in insurance law: General and independent, not a duty but an interpretative principle by Yong Qiang Han 95 / TPD — Degree of certainty — Unlike ever — Never say never by WIB Enright 109 / Contract works insurance: Faulty workmanship exclusions and scratched glass claims by Patrick Mead

• Australian Property Law Journal Vol 26/1 2017 - In this issue: Draw conclusions on the wall — Defence of the monumented cadastre — Mick Strack / Proprietary estoppel and family provision: Competing moral obligations — Susan Barkehall Thomas 24 / Trustees’ bare legal title: Concept or misconception? by Tobias Barkley 44 / Limited and special grants of administration in Western Australia — Daniel Yazdani 65 / Loosening the screws: Should the Personal Property Securities Act 2009 (Cth) be amended to include fixture provisions by Andrew C Sarraf

• Commissions of inquiry : problems and prospects / Christian Henderson (ed)
• Landmark cases in criminal law / Philip Handler, Henry Mares and Ian Williams (eds)
• Prosecuting / Raymond Gibson
• Cheshire Fifoot and Furmston's law of contract / Michael Furmston
• Equity, trust and commerce / Paul S Davies and James Penner (eds)
• Evidential uncertainty in causation in negligence / Gemma Turton

Bill debated, passed by Assembly

Civil Liability (Third Party Claims Against Insurers) Bill 2017 (NSW)

• Gazette No 55 of 19 May 2017 (pages 1703-1779)

• Gazette No 54 of 12 May 2017 (pages 1662-1702)

The latest edition of the Indigenous Law Bulletin has been released (Vol 8 no 28). Featured in this issue:

• Case Note: How did the McGlade v Native Title Registrar decision lead to proposed amendments to the Native Title Act?
• Reflections on a trial" A frontline worker's perspective on family and domestic violence in the criminal justice system
• Institutional Racism: The importance of section 18C and the tragic death of Miss Dhu

• NSW Labor former secretary Jamie Clements found guilty of unlawfully using electoral roll Former New South Wales Labor Party secretary Jamie Clements has been found guilty of unlawfully using electoral roll information.

• New FBI Chief Named Trump has named the new head of the FBI, following an extensive search that spanned the entire Trump family.

• Torching the Modern Day Library of Alexandria"At the terminal you were going to be able to search tens of millions of books and read every page of any book you found..." Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them

• Gazette No 54 of 12 May 2017 (pages 1662-1702)

New or updated in force legislation

• Criminal Procedure Regulation 2010
• Electricity (Consumer Safety) Act 2004 No 4
• Energy and Utilities Administration Act 1987 No 103
• Fair Trading Act 1987 No 68
• Gas Supply Act 1996 No 38
• Home Building Act 1989 No 147
• Law Enforcement (Powers and Responsibilities) Act 2002 No 103
• Public Holidays Order 2011
• Security Industry Amendment Act 2017 No 16
• Work Health and Safety Regulation 2011

• New South Wales Law Reports Vol 92 (4) Cases reported in this part:
• Civil Procedure - Beavan v Industrial Relations Secretary (No 1)
• Crime - DN v R
• Defamation - Zoef v Nationwide News Pty Ltd
• Evidence - Nash v Resource Pacific Pty Ltd (No 1)
• Negligence - Whitfield v Melenewycz

Queensland Reports 2017 Vol 1 (2) Cases reported in this part:

• Nichols v Earth Spirit Home Pty Ltd
• Gambrao Pty Ltd v Rohrig (QLD) Pty Lyd
• Farnham v Pruden
• R v Chardon
• Thorne Developments Pty Ltd v Thorne
• QNI Resources Pty Ltd v Sino Iron Pty Ltd
• Practice Directions Nos 1 & 2

Bill debated, passed Legislative Council

The object of this Bill is to give effect to the recommendations of the NSW Law Reform Commission in Report 143: Third party claims on insurance money. The recommendations result from a review of section 6 of the Law Reform (Miscellaneous Provisions) Act 1946, which provides a mechanism enabling a third party to enforce a statutory charge over insurance money payable under a contract of insurance to a person indemnified under the contract of insurance in respect of a liability of the insured person to pay damages or compensation to the third party. The Bill replaces section 6 of that Act with an Act that enables the third party to bring proceedings directly against the insurer in respect of his or her claim for damages, compensation or costs against the insured person (rather than proceeding to enforce a specially created statutory charge)

CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) BILL 2017 (NSW)

• Criminal Law News Vol 24(4) - In this issue: Enquiring whether an erroneous reference to a standard non-parole period had an effect on sentence pronounced / Admission of fresh evidence on appeal demonstrating exceptional hardship to third parties / Whether a refusal to allow a Basha inquiry is an interlocutory judgment or order for the purposes of an appeal under s 5F(3) of the Criminal Appeal Act 1912 / Admissibility of expert evidence as to voice identification / Non publication and suppression orders in relation to an entire criminal trial

• Law Quarterly Review Vol 133 (April) - In this issue: Relieving the Trustee-Solicitor: a modern perspective on Section 61 of the Trustee Act 1925 / "Sales" on retention of title terms: Is the English law analysis broken? / Private copying and harm to others - compensation versus remuneration / piercing the corporate veil: where is the reverse gear?

• Cambridge Law Journal Vol 76(1) - In this Issue: Public Law Adjudication in Common Law Systems: Process and Substance / Defences in Unjust Enrichment / Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation / Reason of State: Law, Prerogative and Empire

• Strata Legislation Handbook NSW 2016-17 with explanatory commentary / Alex Ilkin
• Archbold : criminal pleading evidence and practice 2017 / P J Richardson (ed)
• Principles of medical law / Judith Laing, Jean McHale, Ian Kennedy and Andrew Grubb (eds)
• Terrell on the law of patents / Colin Birss (ed) et al
• Corporate governance / John Farrar and Pamela Hanrahan

• Press freedom is under attack, while 'free speech champions' twiddle their thumbs Such is the nature of press freedom’s political battleground in Australia: lots of talk about freedom of speech in the midst of an actual legislated assault on press freedom.

• How many lawyers does it take to run a court case? Too many, says one Federal Court judge. In a scathing judgment in a bankruptcy case, Justice Steven Rares has taken aim at big law firms throwing a barrage of lawyers at cases and said "it is time that the profession recognised that costs should be kept to a minimum".

• Peter Hall QC to take top post in ICAC shake-up The NSW government has named a former Supreme Court judge to lead the state’s revamped anti-corruption watchdog.

• Outgoing human rights commissioner Gillian Triggs wins freedom of speech award Triggs named 2017 recipient of the Voltaire award as her five-year contract comes to an end

• Australian commercial law / Clive Turner and John Trone
• Chalmers and Guest on bills of exchange, cheques and promissory notes / S J Gleeson
• Legal ethics / Jonathan Herring

• Australian Law Journal 2017 Vol 91(3) In this issue: Not worth the paper they're written on? Executing documents (including deeds) under electronic documentation platforms: Part B / Burqas and Niqabs in the Courtroom: Finding practical solutions

• Psychiatry, Psychology and Law 2017 Vol 24 (2) In this issue: Determination of competency to stand trial (fitness to plead): an exploratory study in Hong Kong / Legal representatives opinions regarding psychologists engaging in expert witness services in Australian courts and tribunals / Risk factors and youth recidivism prediction in general and property offenders

• Bar News 2017 Autumn In this Issue: Wellbeing at the NSW Bar / President trump's executive action / Case management reforms in the Federal Court

• Law Society Journal 2017 Vol 33 (May) In this issue: The great millennial debate: Gen Y in the workplace / Driver-less cars: can the law keep up with rapid technological advancements? / Why good food is brain food: how diet drives mental health / Children and the Family Court: Is it time for dramatic reform? / A history of failed referendums: why constitutional change is at hand

• Gazette No 53 of 5 May 2017 (pages 1598-1661)
• Gazette No 52 of 28 April 2017 (pages 1470-1597)
• Gazette No 51 of 21 April 2017 (pages 1383-1469)

New or updated in force legislation

• Government Information (Public Access) Regulation 2009
• Independent Commission Against Corruption Regulation 2010
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60

New or updated Bills in Parliament

• Civil Liability (Third Party Claims Against Insurers) Bill 2017
• Statute Law (Miscellaneous Provisions) Bill 2017

• Family Law Reports Vol 55 Part 4 - Cases reported: Beckham v Desprez / Campbell v Superannuation Complaints Tribunal / Garvey v Jess / Oswald v Karrington

• District Court Reports Vol 23 Part 2 - Cases reported: Bell Lawyers v Pentelow / Boikov v Dailymail.com Australia Pty Ltd / Elzahed v Commonwealth / Jacobs v Levitt / Moss v SAS Trustee Corporation (No 2) / R v Wells

• Northern Territory Law Reports Vol 36 Part 3 - Cases reported: Brumby v O'Neill / Edwards v Field / Mole v Prior / S Kidman & Co Ltd v Lowndes CM

• South Australia State Reports Vol 125 Part 4 - Cases reported: Adams v Maloney / R v Ballam / R v Dell / Legal Profession Conduct Commissioner v Morcom / Lyons v Legalese Pty Ltd

• Federal Court Reports Vol 244 Part 3 - Cases reported: AEK15 v Minister for Immigration and Border Protection / Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd / Chen v Monash University