The Library Bulletin

• de Groot’s Wills, probate and administration practice (NSW) / John de Groot, Phillip McGowan (ed)
• Whiteley on trial / Gabriella Coslovich
• The burden of lies / Richard Beasley

• The library is closing for 4 weeks over the holiday period (see post below) and you might need to access Ritchie's Uniform Civil Procedure or Cross on Evidence. You know you can through Lexis Red, don't you? Lexis Red is an online looseleaf service that you can access from anywhere. To sign up before the break, email lexisred@nwsbar.asn.au with your full name, email address you would like to sign up with, & phone number and we will get you sorted.

• Australia has marriage equality, and our country is a better place for it The House of Representatives truly earned its name this week, when more than 100 members of parliament joined with 42 senators and nearly 8 million Australians to finally say yes to marriage equality.
• Sexual abuse survivors demand access to royal commission report The report is the culmination of five years of work by the commission examining historical child sexual abuse in Australian institutions, including religious institutions, sporting clubs, orphanages and schools.

• The Turnbull Government has this week introduced the Copyright Amendment (Service Providers) Bill 2017 to extend the safe harbour provisions in the Copyright Act to the disability, education, library, archive and cultural sectors. This represents the first step taken to significantly reform safe harbour legislation after more than 10 years of debate and multiple reviews. The measures in the Bill will ensure these sectors are protected from legal liability where they can demonstrate that they have taken reasonable steps to deal with copyright infringement by users of their online platforms. Extending the safe harbour scheme in this way will provide greater certainty to institutions in these sectors and enhance their ability to provide more innovative and creative services for all Australians. The changes will also give copyright owners tools to work with these sectors to prevent copyright infringement by their users.

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• Motor Vehicle Reports Vol 82(2) Cases reported in this part:
• Brewerton v Western Australia (WASCA — Full Court) (2017) 82.176
• Guss v Traffic Camera Office (VSC — Keogh J) (2017) 82.246
• Logar v Ambulance Service of New South Wales Sydney Region (NSWCA — Full Court) (2017) 82.216
• McGuinness v Heffernan (WASCA — Full Court) (2017) 82.204
• Police v Deng (SASC — Kelly J) (2017) 82.194
• R v Graham (ACTSC — Mossop J) (2017) 82.132
• Andalong v O’Neill (NTSC — Full Court) (2017) 82.161

• Google updates feature to its search engine To provide people with a larger and more varied spectrum of results in their searches, Google launched a series of new features that attempt to not only answer your questions, but also give you information you didn’t even think to ask about. “In the last few weeks, we’ve made three new additions to help you explore further, including expanded Featured Snippets, improved functionality of Knowledge Panels, and suggested content as you search for a particular topic,” writes Product Manager Michael Galvez on Google’s official blog.

• The Australian Law Journal 91/10 In this issue: Conscience, fair-dealing and commerce: Parliaments and the courts Chief Justice James Allsop AO / The decline and fall of Australia's law reform institutions - and the prospects of revival Hon Michael Kirby AC CMGy

• Law Society Journal Dec 2017 In this issue: The high cost of a failing system: why Australian family law is in tatters and what must be done to fix it / More than statistics: online legal services commitment to maintaining humanity in refugee cases / Driving innovation in law: meet Uber's Asia Pacific head / Is your client legally insane? A guide to testing the experts A constitutional catastrophe: The section 44 debacle explained / A new era in competition law: Outcomes of the Harper Review

• Thorne v Kennedy [2017] HCA 49 (08 November 2017) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) In Thorne v Kennedy, the High Court unanimously struck down both a prenuptial and a postnuptial agreement (the plurality on the basis of undue influence and unconscionable conduct, and Nettle J and Gordon J on the basis of unconscionable conduct alone). Read more.

• Esso Australia Pty Ltd v The Australian Workers' Union The Australian Workers' Union v Esso Australia Pty Ltd [2017] HCA 54 (06 December 2017) (Kiefel CJ, Gageler, Keane, Nettle and Edelman JJ) The High Court has allowed an appeal and dismissed a second appeal against a decision of the Full Federal Court on protected industrial action and enterprise agreements. During negotiations over a new enterprise bargaining agreement between Esso and the AWU for employees of offshore gas platforms, onshore processing plants, and a marine terminal, AWU organised various forms of industrial action in support of its claims. AWU claimed that each form of industrial action was protected under s 408(a) of the Fair Work Act (Cth), and Esso claimed some forms of purportedly protected action — relating to bans on equipment performance testing, air freeing and leak testing (which the AWU claimed was ‘de-isolation of equipment’) — were not protected. Read More.

• 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.

• Bluett's local government handbook New South Wales / David Clark
• Unjust enrichment / Kit Barker and Ross Grantham
• International dispute settlement / J G Merrills

• Turnbull appoints former high court judge to lead banking royal commission PM says Kenneth Madison Hayne’s ‘wealth of experience’ makes him the ideal person for the royal commission
• The Family Court Delivered An Enormous Win For Transgender Teens Until now, Australia was the only country in the world which required transgender kids and teens to get the approval of the Family Court before starting hormones.

• Consider how many electronic Internet links you click each day on your mobile or laptop. You presumably clicked on a hyperlink to arrive at this very article. The Internet and linked content are reciprocally essential; the benefits of one cannot be realised without the other. Their invention and use has advanced how we communicate, share content, and find information. Prohibiting the use of linking content would be antithetical to the Internet. Unfortunately, Trkulja v Google [2017] HCATrans 129 could have this effect.

• Chinese hackers targeting Australian law firms, an industry specialist warns The Chinese espionage group known as the Codoso team or APT-19 has been causing havoc internationally and is turning its attention to Australia.
• Case dropped against $4.6m Westpac shopper A young woman who went on a multi-million-dollar shopping spree in Sydney after Westpac mistakenly dropped the money into her bank account has had the fraud case against her dropped.

• Intellectual Property Reports Vol 124 Part 3 - Cases reported in this part:
• Apple and Pear Australia Ltd (ACN 101 551 348) v Pink Lady America LLC (VSCA — Full Court) (2016) 124.497
• AstraZeneca Canada Inc v Apotex Inc (SCC — Full Court) (2017) 124.614
• Commonwealth v Sanofi (formerly Sanofi-Aventis) (FCA — Nicholas J) (2017) 124.427
• Google Inc v Equustek Solutions Inc (SCC — Full Court) (2017) 124.595
• Minas v Brooklite Pty Ltd (IP Aust — R Subbarayan) (2016) 124.566
• Mizzi Family Holdings Pty Ltd (ACN 132 033 615) v Morellini (No 3) (FCA — Dowsett J)
• Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) (FCA — Mortimer J)(2017)124.435

• Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (No 2) [2017] FCA 1393 (KATZMANN J - 29 NOVEMBER 2017) Intellectual Property - Costs - where applicant only successful in part of its claim - whether applicant should pay the respondents' costs - application for indemnity costs pursuant to r 25.14 of the Federal Court Rules 2011 (Cth)
• Commissioner of Taxation v Miley [2017] FCA 1396 (WIGNEY J - 28 NOVEMBER 2017) Taxation - appeal from a decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where Commissioner assessed Respondent as not being entitled to small business cgt concessions under subdivision 152-C of the Income Tax Assessment Act 1977 (Cth)- Practice and Procedure - notice of objection to competency of appeal - whether appeal raises a question of law within the meaning of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)

• Bond Law Review Vol 29(1) Special Issue on Mediation: Mediation ethics and the challenge of professionalisation Jonathon Crowe / Including trans and gender diverse, intersex and or non-heterosexual people in mediation service delivery Olivia Rundle / An imperfect protection: attitudes of family dispute resolution practitioners to confidentiality Joe Harman / The potential of procedural justice in mediation: A study into mediators understandings Kathy Douglas and Jennifer Hurley / The structural causes of workplace conflict: understanding the implications for the mediation of workplace disputes Meriel O'Sullivan / To co-mediate or not to co-mediate: that is the question Keryn Foley

• 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)