The Library Bulletin

• The Copyright Agency says it has been ‘pushed to the last resort’ and is suing the NSW Government over the non-payment of fees for copyrighted material being shared within and between state government agencies. “The NSW Government is the only government in Australia refusing to pay a fair rate for using the copyright material of our members,” said Copyright Agency CEO Adam Suckling. “For five years we have attempted to get the NSW Government to recognise the value in tens of millions of pages of author, publisher, researcher, photographer, cartoonist and journalist content. It is not the first time the agency has taken the NSW to court to assert its rights. In 2008 it won a case in which the government claimed it owned the copyright to surveyor’s plans. The suit says that the Government owes the agency $7.5 million in unpaid fees, covering the five years since it last paid any money for the use of copyrighted material.

• Commissioner of Taxation v Hacon Pty Ltd [2017] FCAFC 181 (Robertson, Pagone AND Derrington JJ - 23 NOVEMBER 2017) TAXATION - application to Commissioner of Taxation for a private ruling
• Koani v The Queen [2017] HCA 42 (18 October 2017) (Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ) CRIMINAL LAW – Murder and manslaughter – Act causing death – Where appellant convicted of murder – Where death occasioned by discharge of shotgun held by appellant

• Paramedics launch class action over the sale of their medical records to personal injury solicitors Ambulance staff whose medical records were sold to solicitors will launch a class action against NSW Ambulance in the Supreme Court on Monday in an action that will test privacy law.
• LCA welcomes religious freedom panel The establishment of a panel to examine the right to religious freedom is a welcome development “Religious freedom is an extremely important human right”.

• Paramedics launch class action over the sale of their medical records to personal injury solicitors Ambulance staff whose medical records were sold to solicitors will launch a class action against NSW Ambulance in the Supreme Court on Monday in an action that will test privacy law.
• LCA welcomes religious freedom panel The establishment of a panel to examine the right to religious freedom is a welcome development “Religious freedom is an extremely important human right”.

• Vexatious Proceedings Amendment (Statutory Review) Bill 2017 (NSW)The Government has introduced the Vexatious Proceedings Amendment (Statutory Review) Bill 2017. The bill implements all recommendations from the 2017 report of the statutory review of the Vexatious Proceedings Act 2008. The review and development of this bill involved extensive consultation with key legal stakeholders, including the Chief Justice of New South Wales, the Chief Judge of the Land and Environment Court, and the President of the NSW Civil and Administrative Tribunal. The review concluded that the Act provides a sound framework for managing vexatious litigants. However, it recommended nine minor amendments to promote the efficacy of the Act, and to simplify and clarify its operation.

• The Motor Accident Injuries Act 2017 (NSW) (the Act) establishes a new scheme of compulsory third party (CTP) insurance and the provision of benefits and support relating to people injured as a consequence of motor accidents in New South Wales (NSW). The new scheme commences on 1 December 2017 and applies to motor accidents occurring on or after 1 December 2017.

Pursuant to s 10.2 of the Act, the Motor Accident Guidelines have been published in the NSW Government Gazette. The Guidelines apply to motor accidents occurring on or after 1 December 2017 and take effect on that day. The Guidelines relating to premium determination apply to premium rate filings for all third party policies commencing on or after 1 December 2017. Also made under the Motor Accidents Injuries Act 2017 is the Motor Accidents Amendment Regulation 2017, which commences on 1 December 2017.

• It’s time to stop trusting Google search already Google has recently come under fire for bad search results, fake news and interesting algorithms. Remember, "Google search is a tool, not an expert"

Some great alternatives to Google include:

• Duck Duck Go a popular rival to Google which will give good, relevant results. All searches are private and unfiltered.
• Dogpile a meta search engine; it runs searches over a number of different search engines (including Google) and gives you all the results at once.
• Yahoo is a search engine and also provides its traditional directory of sites, compiled by humans.
• Yippy a Deep Web engine that searches other search engines for you. Unlike the regular Web, which is indexed by robot spider programs, Deep Web pages are usually harder to locate by conventional search.
• Bing is Microsoft's Search Engine, featuring good travel information, a convenient preview pane and a sophisticated visual/image search.
• Webopedia one of the most useful websites on the web. Webopedia is an encyclopedic resource dedicated to searching technology terminology and computer definitions.
• Ecosia is a web search engine based in Berlin, which donates 80% of its surplus income to nonprofit conservationist organisations, with a focus on tree planting.

• Limitation of actions : the laws of Australia / Peter Handford
• Sentencing in Australia / Mirko Bagaric, Richard Edney and Theo Alexander

• Federal Court reports Vol 249 Part 2, 2017 - Cases reported in this part: Australian building and construction commissioner v Ingham Australian building and construction commissioner v Gore Cayzer v Minister for Immigration and Border Protection Central QLD services Pty Ltd v Construction, Forestry, Mining and Energy Union Maxwell v Minister for Immigration and Border Protection Spencer v Commonwealth (No 2)

• Federal Court reports Vol 249 Part 2, 2017 - Cases reported in this part: Australian building and construction commissioner v Ingham Australian building and construction commissioner v Gore Cayzer v Minister for Immigration and Border Protection Central QLD services Pty Ltd v Construction, Forestry, Mining and Energy Union Maxwell v Minister for Immigration and Border Protection Spencer v Commonwealth (No 2)

• Proctor November 2017 Vol 37 No 10 - In this issue: Your legal workplace / 2017 QLS Council election results / QLS annual report 2016-17 summary / Prepare yourselves; what you need to know about the National Mortgage Form

• Proctor November 2017 Vol 37 No 10 - In this issue: Your legal workplace / 2017 QLS Council election results / QLS annual report 2016-17 summary / Prepare yourselves; what you need to know about the National Mortgage Form

• The library will be closed from 12pm on Friday the 22nd of December to Friday the 19th of January. The Library will also be closed on Friday the 26th of January 2018.
• If you wish to borrow titles over the closing period please make sure you do before midday on the 22nd of December.
• The library reopens from 9am to 5pm between Monday 22 January and Thursday 25th January 2018. Normal opening hours resume from Monday 29th January 2018.

• The item that you borrowed from the Bar Library has been urgently recalled. One of your colleagues requires it…remember this could be you one day. Please don't ignore our requests for items to be returned.

• Take a look at what happened to Barrister Henry Justice. His insubordination led to a charge of deportation, resulting in exile for life.

• You have been warned!

• The library will be closed from 12pm on Friday the 22nd of December to Friday the 19th of January. The Library will also be closed on Friday the 26th of January 2018.
• If you wish to borrow titles over the closing period please make sure you do before midday on the 22nd of December.
• The library reopens from 9am to 5pm between Monday 22 January and Thursday 25th January 2018. Normal opening hours resume from Monday 29th January 2018.

• Commercial leases in Australia / W D Duncan and Sharon Christensen
• Lindley and Banks on partnership / Roderick I'Anson Banks
• Law of contract damages / Adam Kramer

• The item that you borrowed from the Bar Library has been urgently recalled. One of your colleagues requires it…remember this could be you one day. Please don't ignore our requests for items to be returned.

• Take a look at what happened to Barrister Henry Justice. His insubordination led to a charge of deportation, resulting in exile for life.

• You have been warned!

• NSW Parliament rejects bill on voluntary assisted dying, by one vote MPs were given a conscience vote on the legislation, which would allow terminally ill patients over the age of 25 to end their own lives with the help of doctors.

• Legislation the next hurdle for marriage equality After the same-sex marriage postal survey returned a 61.6 per cent ‘yes’ vote this week, all eyes turned to Canberra for the next stage of the process. The bill introduced in the Senate yesterday afternoon by Liberal senator Dean Smith proposes to amend the Marriage Act to remove gender.

• HFM045 v The Republic of Nauru [2017] HCA 50 (15 November 2017) (Bell, Keane and Nettle JJ) Migration – Refugees – Appeal from Supreme Court of Nauru – Procedural fairness.

• Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash; Re Xenophon [2017] HCA 45 (27 October 2017) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Constitutional law (Cth) – Parliamentary elections – Where referred persons elected to Commonwealth Parliament – Proper construction of s 44(i) of Constitution

• Brown v Tasmania [2017] HCA 43 (18 October 2017) (Kiefel CJ,Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Constitutional law (Cth) – Implied freedom of political communication – Workplaces (Protection from Protesters) Act 2014 (Tas) – Where Act empowers police officers to direct protesters to leave and stay away from business premises and business access areas under pain of arrest and criminal penalties – Where business premises include forestry land – Where Act allows police officers to give such directions if they reasonably believe protester is preventing, hindering or obstructing business activity, has done so, or is about to do so.

• Federal Law Review Vol 45 No 3 In this issue - National security and the free exercise guarantee of Section 116: Time for judicial interpretive update Paul Babie / Defining industrial action Breen Creighton, Catrina Denvir and Shae McCrystal / Popular sovereignty and the nationhood power George Duke / The commercial exceptions to foreign state immunity Michael Douglas and Claudia Carr / It's time for federal regulation of retirement villages Paul Latimer / Australia's Commonwealth ombudsman 40 years on - Achievements and ten challenges The Hon. Michael Kirby AC CMG

• IP Australia helps create world first trade mark database platform (FED) IP Australia, Swinburne University of Technology and the University of Melbourne are working together to create a single, internationally linked trade mark database called ‘TMlink’. This database is a world-first platform that links trade mark application numbers across countries, which shows how trade marks are used in different markets, opening up new opportunities for global research in brand behaviour, trends, and patterns.

• Commonwealth Law Reports Vol 259 Part 2 - Cases reported in this part:
• Coverdale v West Coast Council (Local Government - Rating and valuation - Whether seabed and waters "Crown Lands")
• Immigration and Border Protection, Minister for v SZSSJ (Judicial review - Procedural fairness)
• Immigration and Border Protection, Minister for v SZTZI (Federal Courts - Jurisdiction)
• Kendirjian v Lapore (Legal Practitioners - Negligence - Barrister - Solicitor - Immunity from suit)
• R v Kilic (Criminal Law - Sentence - Principles - Current sentencing practices) Smith v The Queen (Criminal Law CTH - Border controlled drug - Importation - Fault element)

• Cross on evidence : eleventh Australian edition / J D Heydon
• Australian critical decisions : remembering Koowarta and Tasmanian Dams / Ann Genovese (ed)

• Court trials USB evidence in a bid to go paperless NSW is trialling the use of USB stored evidence that will be projected onto walls of a courtroom in a bid to encourage paperless hearings.

• Landmark High Court ruling spells ‘death knell’ of pre-nuptial agreements in Australia A landmark ruling handed down by the High Court on Wednesday spells the “death knell” of pre-nuptial agreements, known as binding financial agreements in Australia.

• Australian Law Reports Vol 345 Part 3 - Cases reported in this part:
• Australian Securities and Investments Commission v Whitebox Trading Pty Ltd (ACN 139 567 598) (FCAFC — Full Court) (2017) 345.424
• Commissioner of Australian Federal Police v Elzein (aka Elzein) (NSWCA — Full Court) (2017) 345.446
• Commissioner of Taxation v Jayasinghe (HCA — Full Court) (2017) 345.357
• D151 v New South Wales Crime Commission (NSWCA — Full Court) (2017) 345.484
• IL v R (HCA — Full Court) (2017) 345.375
• Minister for Families and Children v Certain Children (by their litigation guardian Sister Arthur) (VSCA — Full Court) (2016) 345.508