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Latest Law Reports

Fri Apr 07 2017
  • 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)

News etc

Fri Apr 07 2017
  • 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.

Latest Journals

Fri Apr 07 2017
  • Australian Law Journal 2017 Vol 91(2) In this issue: Values in Public Law / Not worth the paper they're not written on? Executing documents (including deeds)under electronic document platforms: Part A

  • Australian Journal of Corporate Law 2017 Vol 31(3) In this Issue: Defences and relief from liability for company directors: Widening protection to stimulate innovation / Still a sleepy hollow? Directors’ liability and the business judgment rule / Tall trees and digital literacy: Lessons from Palkon v Holmes / A company director’s duty of care and diligence: Fiduciary or non-fiduciary?

NSW Legislation Updates

Fri Mar 31 2017

Latest Law Reports

Fri Mar 31 2017
  • Commonwealth Law Reports 2015-16 Vol 257(2) Table of cases reported:
  • Alcan Grove Pty Ltd v Zabic
  • IMM v The Queen
  • McCloy v New Suth Wales
  • Plantiff M68/2015 v Minister for Immigration and Border Protection
  • Federal Court Reports 2016 Vol 244(1) Table of Cases reported:
  • AMA15 v Minister for Immigration and Border Protection
  • AZAFB v Minister for Immigration and Border Protection
  • D7 v Minister for Immigration and Border Protection
  • Justice, Minister for v Lobban
  • Minister for Immigration and Border Protection v Le
  • Watkins syndicate 0457 at Lloyds v Pantarnius Australia Pty Ltd

  • Lloyd's Law Reports 2017 3(1)Table of Cases reported:

  • Banco Santander Totta SA v Companhia Carris de Ferro de Lisboa SA and Others [CA]
  • DTEK Trading SA v Morozov and Another [QBD (Comm Ct)]
  • Michael Wilson & Partners v Sinclair and Others [CA]
  • Silver Dry Bulk Co Ltd v Homer Hulbert Maritime Co Ltd [QBD (Comm Ct)]

News etc

Fri Mar 31 2017
  • A dying man’s short will has a long history. Cecil George Harris was a wheat farmer who had a wife and two children. Following an accident in which he was pinned between two pieces of farm equipment for several hours, Harris died of his injuries. Before doing so, he used his knife to scratch into the fender of a tractor a 16-word will; In case I die in this mess I leave all to the wife. Cecil Geo. Harris . The court approved the will and Harris’ widow received the total estate. The tractor fender testament is a standby of wills and estates textbooks around the world. An Australian court has called it “perhaps the most dramatic example” of a holographic, or handwritten, will ever accepted.

  • RSL branches across Australia to be investigated by ACNC The Australian Charities and Not For Profits Commission (ACNC) is now investigating every state and territory branch of the Returned and Services League of Australia (RSL). The New South Wales, Queensland, and South Australia branches are all under specific scrutiny, while other branches are understood to be the target of a more general review. Some within the organisation view it as fall-out from the multiple allegations of financial misconduct at the NSW branch, which first surfaced six months ago.

  • Paul Keating says neo-liberalism is at 'a dead end' after Sally McManus speech Former prime minister Paul Keating – architect of some of the most profound economic reforms in the country's history during the 1980s – has launched a surprise critique of the liberal economic philosophy he once championed, declaring it has "run into a dead end".

  • The Australian ambassador to the United States, Joe Hockey, tells us not to bag Trump The former Liberal federal treasurer praised the Trump administration as a “practical” and “credible” force, saying the US president’s cabinet picks fulfilled his election promise to “drain the swamp”.

  • Royal Jordanian is giving Trump some serious sass Earlier this month, the United States announced it would ban passengers from six countries in the Middle East and Africa from taking electronics on flights. Jordan's national airline company Royal Jordanian is one of the countries on America’s blacklist, and it doesn’t want a bar of it. The airline has been poking fun at Donald Trump since he was a Presidential candidate, advising customers: “Just in case he wins ... Travel to the US while you’re still allowed to” in November last year. In response to the latest electronics ban, they’ve announced a poetry competition, offering two free tickets to the United States to the person who pens the best poem to the theme “#electronics ban”.

Latest Journals

Fri Mar 31 2017
  • Brief: The Law Society of WA Journal (March 2017) In this issue:
  • State Government and Opposition respond to the Law Society's Policy Positions
  • An interview with the Hon Justice Buss
  • The finality of planning approvals: the unexplored impact of the Interpretation Act 1984
  • The Coronial Jurisdiction: Lessons for Living

  • ARITA Journal (March 2017) In this issue:

  • The challenges of Cloud Accounting: Why today's insolvency practitioners need to be IT savvy SAKR Appeal Decision: Liquidator Remuneration
  • Voluntary administration - is your appointment valid?
  • Voidable transactions and the race against time

  • Taxation In Australia (March 2017) In this issue:

  • Early stage innovation companies - a deeper dive
  • Negative gearing: separating fact from fiction
  • Primary production exemption for land tax

  • The Australian Corporate Lawyer (Autumn 2017) In this issue:

  • The Law and Technology: our in-house panel share their insights
  • The future of contracts
  • Will law firms become software companies?

  • Hong Kong Lawyer (March 2017) In this issue:

  • Face to Face with Gregory So GBS JP Secretary for Commerce and Economic Development
  • Court of Appeal concludes that certain features in the Judgment Summons Procedure are not consistent with the Hong Kong Bill of Rights Ordinance
  • Outbound Chinese Investment into the EU: What you need to know about Regulatory Roadblocks

New Books

Fri Mar 31 2017

New Historical Resource from NSW Parliament

Fri Mar 31 2017

Travel back in time to early colonial days, with the recent digitisation of over 60,000 documents dating from the First Legislative Council (1824 - 1855). You can peruse tabled papers, Bills, minutes of proceedings, reports of debates and correspondence, and learn firsthand about the colony and its fledgling Parliament. For example, there is the Census Bill of 1828: an Act for ascertaining the number, names and condition of the inhabitants of NSW; the Female Felons Factory Act 1829: an Act compelling married men to send for their wives, or to maintain them after the expiration of their sentence to the female factory in order to save the expense to the public; and the University of Sydney Bill 1850. International affairs were recorded too, including the Declaration of the Crimean War. The records - many of which are handwritten - have been digitised as part of a project to make the Parliament as accessible as possible to the community. The Parliament of New South Wales is pleased to provide unprecedented public access to this significant historic material. The records can be accessed via the Parliament's website. We encourage you to go exploring and to send the link to interested family, friends and colleagues.

https://www.parliament.nsw.gov.au/.../pages/first-council.aspxhttps://l.facebook.com/l.php?u=https%3A%2F%2Fwww.parliament.nsw.gov.au%2Fhansard%2Fpages%2Ffirst-council.aspx&h=ATMjt3BiqnuL6Aur282UO3Wd3XfjZIRCsuETTkYuPVqrErRPcYv8z8fwUmxLhOeDi7kir4OIEIW7UBSHnWNFSU2o_6AoD2b7MvHN1o-g19v1HX8Yt8wA_lWaudWVTO02GtY&enc=AZPkdbTEOU7-cK8_VyEpt-pXTrCseeJqOyIGGsXt9c8vr1_fgeBpBbw4mr91YRpvTQKWb1t1QCInNIMQ28LtXQlmfdU7RUh9HC-S7dOwIkQkJ5Mv5QRQ_6CZTPsb6OdvLlupe5W9_la_B-CfWkvgAH3MqzOmg-zkdjC6SGHYveY-rs3fI3B6xshWvGRE6xa08KQwZQUNPukpp_r2zRaKP2BK&s=1

Release of a parliamentary review into workers compensation

Fri Mar 10 2017

The Law and Justice Committee of the Upper House have released a first review report and subsequently have made 26 recommendations to improve the workers compensation scheme. Access a full copy of the report via our catalogue.

NSW Legislation Updates

Fri Mar 10 2017

LEGEND

Fri Mar 10 2017

Do you know you can access LEGENDcom through the library? LEGENDcom is an electronic database of Migration and Citizenship legislation and policy documents.

LEGENDcom relevantly contains the following:

  • Procedures Advice Manual 3
  • Legislative and non-legislative instruments
  • Gazette notices
  • Migration Series Instructions
  • Instruments
  • Fillable forms

To access LEGEND all you need to do is visit the library [please see staff for log in details]

News etc

Fri Mar 10 2017

Latest Law Reports

Fri Mar 10 2017
  • Federal Court Reports 2016 Vol 243 Part 3 pp 301-450. Table of Cases reported: ResMed v Australian Manufacturing Workers' Union / Scandinavian Tobacco Group Ersel BV v Trojan Trading Company / Selth v Australian Barrister Chambers Pty Ltd / Sun v Minister for Immigration and Border Protection / Taxation, deputy commissioner of; Kaftaris v / Taxation, deputy commissioner of; Financial Synergy Holdings Pty Ltd v / Taxation, deputy commissioner of; Millar / Trojan Trading Company Pty Ltd; Scandinavian Tobacco Group Ersel BV v / Woodall; Repatriation Commission v

  • NSW Law Reports 2016 Vol 92 (2) pp 161-317. Table of Cases reported: Doueihi v Construction Technologies Australia Pty Ltd (CA) / Perish v R; Perish v R; Lawton v R (CCA)

  • Queensland Reports 2016 Vol 2 Part 6 pp 507-605. Table of Cases reported: Dreamtouch PTY LTD v Ganbros PTY lTD (Jackson J) / Amnico Holdings LTD v Griese (Jackson J) / Bickle v Attorney-General (CA) / O'Connor v Hough (Burns J) / Pittaway v Noosa Cat Australia PTY LTD (CA) / R v Oliver (CA) R v Gee (Peter Lyons J)

Latest Journal Titles

Fri Mar 10 2017
  • Judicial Officers Bulletin February 2017 - In this issue: Recent developments in Criminal Law The Honourable Justice Robert A Hulme / A collection of significant appellate criminal decisions from the High Court and NSW Court of Criminal Appeal

  • Law Society Journal March 2017 - In this issue: Cover story Record numbers of refugees are arriving in NSW from Syria. Meet the team of solicitors on the frontline of their transition / Profile Claire Chaffey speaks to new NSW Attorney-General Mark Speakman about his plans to brighten the future of our justice system / Feature The Law and Justice Foundation turns 30 this year

  • The Conveyancer and property lawyer Issue 1 2017 - in this issue: Blockchain, the Borg Collective and Digitalisation of Land Registries / Overreaching - Getting the right balance / The correction of Mirror Wills: Interpretation versus Rectification

  • Archbold Review bulletin February 2017 - In this issue: insight into the latest discussions in criminal law and practice the UK.

  • New Zealand Law Review -In this issue: Table of Cases / Table of Statutes / The Family Group Conference: A Tongan Perspective / I Ain't No Fool: Deciding to Litigate in Person in the Civil Courts / The Role of Legal History in Developing New Zealand Common Law Following Paki (No 2) / Land Law

News etc

Fri Feb 24 2017
  • Indigenous Law Resources database receives major update - The Indigenous Law Resources database received a major update in late 2016. The database, hosted on AustLII’s website, now has more than 1200 fully searchable documents, dating from 1768 to 2016. The collection includes parliamentary papers, government reports and policy documents affecting Indigenous peoples, and more.

  • Lawyers are being replaced by machines that read - Lawyers are the professionals everyone loves to loathe. Jokes about attorneys abound, and Shakespeare’s line from Henry VI remains a cultural favorite: ”The first thing we do, let’s kill all the lawyers.” Soon, that dream may come true, and machines will be the ones to do it.

New Books

Fri Feb 24 2017