The Library Bulletin

• Addenbrooke Pty Limited v Duncan (No 3) [2017] FCAFC 166 (25 October 2017) (Dowsett, Gilmour and White JJ) APPEAL AND NEW TRIAL – request declined. APPEAL AND NEW TRIAL – application refused. COSTS – costs of the appeal – (By majority) – Appellant had substantial success on the appeal no special or exceptional circumstance which would make an order for costs in favour of appellant inappropriate.

• Australian Olympic Committee, Inc v Telstra Corporation Limited [2017] FCAFC 165 (25 October 2017) (Greenwood, Nicholas and Burley JJ) CONSUMER LAW – appeal dismissed STATUTES – Olympic Insignia Protection Act 1987 (Cth), s 36 – appeal – whether conduct breached s 36 – use of protected Olympic properties in advertisements and promotional material - whether use of Olympic properties would indicate the existence of sponsorship or sponsorship-like relationship to a “reasonable” person – appeal dismissed

Supreme Court of New South Wales - Court of Appeal:

• Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 (25 October 2017) (Macfarlan JA at [1] Emmett AJA at [15] Schmidt J at [32])

MOTOR VEHICLE ACCIDENT – motor vehicle and ambulance – collision at an intersection – ambulance on route to emergency – whether trial judge erred in relation to factual findings – scope of an ambulance driver’s duty of care – whether ambulance driver took reasonable care in approaching and driving through an intersection – whether ambulance driver breached duty of care – social utility of ambulance driver responding to an emergency – contributory negligence of motor vehicle driver

• Fruity fraud. Ripened rip-off. Peeled pretender. Banana sham? When a company called Rasta Imposta sues Kmart, accusing the store of selling carbon copies of its copyrighted banana costume, the puns will follow, so we'll get them out of the way here. And while this may sound like an open-and-shut case of an object so ubiquitous as to defy copyright protection, wait until you hear what the (US) Supreme Court said about cheerleading uniforms...

• Proctor Vol 37(9) October - In this Issue - The Sam Hawk supply chain creditors, stakeholders and the PPSA / Another 13 and a half year marathon nears its finish: Chief Justice Diana Bryant AO retires

• Indigenous leaders enraged as advisory board referendum is rejected by Malcolm Turnbull There is deep anger over the Prime Minister's decision to walk away from the historic Uluru Statement from the Heart.

• Lawyers welcome redress bill but question fairness The federal government has introduced a bill to create a compensation scheme for victims of child sexual abuse, but it has raised questions over access to justice.

• The seven justices of the High Court have delivered their rulings on the fates of the Citizenship Seven. Barnaby Joyce ruled ineligible for parliament, government loses majority.

• Limitation of actions : the laws of Australia / Peter Handford
• Artificial intelligence and legal analytics : new tools for law practice in the digital age /Kevin D Ashley
• The law of administrators and receivers of companies / Gavin Lightman and Gabriel Moss

• Motor Vehicle Reports Vol 80 Part 4 - Cases reported in this part:
• Abbott v Wilson (NSTSC — Hiley J) (2017) 80.477
• George v R (VSCA — Full Court) (2017) 80.436
• IAG Ltd (t/as NRMA Insurance) v Al-Kilany (NSWSC — Beech-Jones J) (2017) 80.388
• QBE Insurance (Australia) Ltd v Meredith (NSWSC — N Adams J) (2017) 80.398
• R v Mazza (QCA — Full Court) (2017) 80.419
• R v Pillar (SASC — Peek J) (2017) 80.413
• Wheaton v Wilson (TASSC — Pearce J) (2017) 80.490

• Former Greens leader Bob Brown has won his High Court bid to overturn Tasmania's anti-protest laws. The laws were passed in 2014 to allow police to stop protests before they had even stated if they were on a business premises or an access area. The court found the laws were at odds with the implied right in the Australian constitution, to the freedom of political communication. The Tasmanian Government has been ordered to pay costs in the case.

• Library trolls copyright zealots by naming collection after Sonny Bono The Internet Archive is an online library known for pushing the boundaries of copyright law to promote public access to obscure works, including classic video games and historic images. Now the organization is taking advantage of a little-noticed provision of the 1998 Sonny Bono Copyright Term Extension Act to publish complete copies of out-of-print books published between 1923 and 1941. The Internet Archive has named this the "Sonny Bono Memorial Collection."

• A Lawyer Explains Who Really Owns Your Tattoos When you get a tattoo, you probably presume that it's yours. After all, the design's inked on your skin, and you paid an artist to put it there. However, the truth is that no matter how personal a body modification may be, tattoo ownership is pretty murky.

• Prosecutorial misconduct / Robert J Frater
• Intellectual property in Australia / Andrew Stewart, Philip Griffith, Judith Bannister and Adam Liberman
• International law / Malcolm N Shaw
• Judging statutes / Robert A Katzmann

• #LstTxt&Tstmnt: how an unsent text message could cut you out of an inheritance Most people are familiar with the notion of will: it sets out our wishes about who should inherit our property, or who will take on certain responsibilities after we die. A written but unsent text message could simply be a partial thought, or something we haven’t committed to sending. So how could an unsent text operate as a will?

• When must a client be saved from himself? It is all a question of money says the Court of Appeal. Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.

• Australian Corporations and Securities Reports Vol 121 Part 1-2 Cases reported:
• Allways Resources Holdings Pty Ltd (ACN 154 218 256) v Samgris Resources Pty Ltd (ACN 147457 181) (QSC — Bond J) (2017)
• First Pacific Advisors LLC v Boart Longyear Ltd (NSWCA — Full Court) (2017)
• Kite (in their capacity as liquidators of Mooney’s Contractors Pty Ltd (ACN 144 726 296) (in liq)) v Mooney (No 2) (FCA — Markovic J) (2017)
• Re Australasian Liquid Storage Pty Ltd (ACN 110 086 509) (in liq) (FCA — Derrington J) (2017)

• Alternative Law Journal Vol 42 No 2, 2017 - In this issue: Big Data: A case study of disruption and government power Kate Galloway / Presumption of innocence in peril Anthony Gray / Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia's international obligations Emma Henderson, Nicole Shackleton and Stephanie Falconer / Anti-protest laws: Lock up your nannas Aidan Ricketts / An 'absolute right to do anything': Protest policing in NSW's last decade of full-time riot squad Christina White / Crime prevention and prisoner rehabilitation in Australia: Lessons from Nordic nations Andrew Scott / Contract cheating: Will students pay for serious criminal consequences? Alex Steel / Working Animal's rights: A disruption to the status quo Rosemary Shaw / Rethinking legal regulation of animal hoarding Meg Wootten / Disability discrimination in children's sport Simone Pearce / The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities Chris Maylea and Asher Hirsch / Culture, humility and the law: Towards a more transformative teaching framework Evan Hamman / Therapeutic jurisprudence in sentencing remarks: An exploratory study Jordan Tutton

• Cheshire & Fifoot's law of contract, eleventh Australian edition / N C Seddon, R A Bigwood and M P Ellinghaus
• Intellectual property in Australia / Andrew Stewart, Philip Griffith, Judith Bannister and Adam Liberman
• A history of Australian legal education / David Barker
• Culpable carelessness : recklessness and negligence in the criminal law / Findlay Stark
• The guide to construction arbitration / Stavros Brekoulakis and David Brynmor Thomas (eds)
• Who's who of Australian women 2017

• Dr David Jones' great contribution to the State Library of NSW, to the library & information profession & libraries in general during his career has been recognised with the HCL Anderson Award. Dr Jones is the father of 4 Selborne's Oliver Jones, Barrister. A great example of a relationship of symbiotic mutualism; all good barristers need great librarians in their life!

• What NASA’s simulated missions tell us about the need for Martian law Six people recently returned from an eight-month long isolation experiment to test human endurance for long-term space missions. Their “journey to Mars” involved being isolated below the summit of the world’s largest active volcano in Hawaii (Mauna Loa), and was designed to better understand the psychological impacts of manned missions. It seems humans are on the inevitable trajectory to colonise Mars. It is therefore becoming important to ask what laws will govern humans on Mars as it is to ask whether we could survive on the planet’s surface.

• Tinder date killer sentenced to 30 years A man who stabbed and killed his ex-partner's Tinder date in a Sydney restaurant has been sentenced to at least 30 years in jail.

• Bar to consult on scrapping LGBT reporting restrictions The Bar Standards Board is considering dropping a rule that allows one barrister to prevent an entire set from revealing the sexual orientation and religious beliefs of its members.

• History was made this week when the NSW Government passed the nation's first Aboriginal languages legislation, The Aboriginal Languages Bill. The legislation recognises the importance of Aboriginal languages within the state and also seeks to protect them.

• Modern Law Review Vol 80 No 5 - In this Issue -
• A Normative approach to the Quistclose Trust Emily Hudson / Post-Sovereignty and the Europeal legal space Nathan Gibbs / Wrong about Rights: Public knowledge of key areas of consumer, housing and employment law in England and Wales Pascoe Pleasence, Nigel J. Balmer, and Catrina Denvir / Metamorphosis in Hans Kelsen's Legal Philosophy Stanley L. Paulson / Consumer redress legislation: Simplifying or subverting the law of contract Elise Bant & Jeannie Marie Paterson / Criminal Law and ethics: beyond normative assertion and its critiquw Alan Norrie / Ex Turpi Causa; reformation not revolution Ernest Lim / A director's suty of loyalty and the relevance of the company's scope of business: Cheng Wai Tao v Poon Ka Man Jason Pearlie Koh

• Australian Law Reports Vol 345 Part 1 - Cases reported in this part -
• Australian Energy Regulator v Australian Competition Tribunal

Australian Corporations and Securities Reports Vol 120 Part 3- Cases reported in this part -

• Australian Securities and Investments Commission v Avestra Asset Management Ltd (ACN 119
• 227 440) (in liq) (FCA — Beach J)
• K J Renfrey Nominees Pty Ltd (as trustee for the Renfrey Family Trust) v Onesteel Manufacturing Pty Ltd (subject to deed of company arrangement) (FCA — Davies J)
• Kaizen Global Investments Ltd v Australia New Agribusiness & Chemical Group Ltd (ACN 142 976 065) (in liq) (FCA — Moshinsky J)
• Longley (as liquidators of Linc Energy Ltd (ACN 076 157 045) (in liq)) v Chief Executive,
• Department of Environment and Heritage Protection (QSC — Jackson J)
• Northern Managed Finance Pty Ltd v 4 In 1Wyoming Pty Ltd (ACN 145 601 618) (and other named
• First Defendants in Schedule A to the Originating Process) (NSWSC — Gleeson JA)
• Oreb v Australian Securities and Investments Commission (No 2) (FCAFC — Full Court)

Looseleaf in digital format! Lexis Red is a digital app which lets you access looseleaf services online. The library has recently switched to the new & improved Lexis Red 3.0. If you already use Lexis Red you will be automatically updated once you log into your account. If you want to sign up or have any questions, email Meeghan and she will set you up with an account - moliver@nswbar.asn.au

• Kazuo Ishiguro wins the Nobel Prize in Literature Ishiguro, author of novels including The Remains of the Day and Never Let Me Go, was praised by the Academy for novels which “uncovered the abyss beneath our illusory sense of connection with the world” and were driven by “great emotional force”.

• Law Society Journal Issue 38 (October) 2017 - In this issue - The inherent power of giving: how one lawyer's pro bono experience abroad changed her life and her career / Bill of Rights: Professor George Williams and Anthony Levin examine the vexed question of whether Australia needs a Bill of Rights / Former sex discrimination commissioner Liz Broderick on why work for advocates is getting harder

• We hope you had a great day today, it's world smile day!

• Why I defended Ben McCormack Ben McCormack’s lawyer Sam Macedone is targeted by trolls after child porn case. He has responded to the hate-filled messages he is receiving, explaining why he took on the case.