The Library Bulletin

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!

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.

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.

Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd [2017] FCA 1266 PRACTICE AND PROCEDURE - delay - where Originating Application filed over twelve months after decision of the Commission - where adequate explanation provided for the delay - where discretion not exercised to refuse relief on the basis of delay FLICK J - 8 NOVEMBER 2017

Australian Competition and Consumer Commission v Unique International College (No 7) [2017] FCA 1289 PRACTICE AND PROCEDURE - declarations - whether declarations should be made prior to hearing on relief - appropriate form of declarations - level of detail required in declarations PERRAM J - 8 NOVEMBER 2017

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.

The library will open from 9am to 5pm between Monday 22 January and Thursday 25th January 2018.

Normal opening hours resume from Monday 29th January 2018.

If you wish to borrow titles over the holiday closing period please make sure you do before midday on the 22nd of January!

Council of the Law Society of New South Wales v Kinchington [2017] NSWCA 278 (31 October 2017) (Basten JA; Macfarlan JA; Ward JA) Legal practitioners – application to remove solicitor from roll of Australian lawyers – solicitor forged client’s signature on costs agreement –convicted of publishing false statement to obtain financial advantage – whether solicitor guilty of professional misconduct – whether solicitor not person of good fame and character – whether solicitor’s name should be removed from roll

Cecil v Director of Public Prosecutions (Nauru)Kepae v Director of Public Prosecutions (Nauru)Jeremiah v Director of Public Prosecutions (Nauru) [2017] HCA 46 (20 October 2017) (Kiefel CJ, Gageler and Keane JJ) Criminal law – Appeal – Supreme Court of Nauru – Appeals Act 1972 (Nr) – Where Act entitles Director of Public Prosecutions to bring appeal against sentence – Where Act gives Supreme Court discretion on appeal to substitute own sentence for sentence of District Court – Where Supreme Court substituted own sentences for sentences of District Court without identifying error by District Court – Where sentences substituted by Supreme Court significantly higher than sentences passed by District Court – Where Supreme Court wrongly concluded it was not required to find error affecting District Court's exercise of sentencing discretion – Where possible to infer Supreme Court considered it would give significantly higher sentences if sentencing afresh – Whether discretion to substitute sentence enlivened – Whether possible to infer Supreme Court considered District Court's sentences manifestly inadequate.

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.

The library will open from 9am to 5pm between Monday 22 January and Thursday 25th January 2018.

Normal opening hours resume from Monday 29th January 2018.

If you wish to borrow titles over the holiday closing period please make sure you do before midday on the 22nd of January!

Manus Island detainees launch legal action over Australian centre's closure The detention centre closed on Tuesday, but more than 600 men have refused to leave the centre.

Justice Mark Weinberg AO recognised by Monash with a Doctor of Laws honoris causa. Throughout his time in law, Justice Weinberg has held judiciary positions on both federal and state level. He currently serves as a Judge of the Court of Appeal, Supreme Court of Victoria, where he has been since 2008.