The Library Bulletin

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• Fleet Street Reports [2017] Part 9 - Cases reported in this part:
• Glaxo Wellcome UK LTD (T/A Allen & Hanburys) v Sandoz LTD (no 2) (Trade Marks - Summary Judgment)

• Societe Des Produits Nestle SA v Cadbury UK LTD (Trade Marks - Application for registration)

• Reports of Patent, Design and Trade Mark Cases [2017] Vol 143(5) Cases reported in this part:

• Hospira UK Ltd v Cubist Pharmaceuticals LLC (Patents)
• Queensland Reports [2017] Vol 2(1) - Cases reported in this part:
• Ashla Model Agency PTY LTD (in Liq) v Featherstone (Corporations - winding up)
• Re Tracey (Criminal)
• Surfstone PTY LTD v Morgan COnsulting Engineers PTY LTD (no 2) (Contracts)
• Paul v Westpac Banking Corporation (Procedure)
• Sunwater LTD v Drake Coal PTY LTD (Restitution - Recovery)

The Canadian Bar Review has been added to HeinOnline.

You can access HeinOnline remotely via the External Database link on our website Home page or the Electronic Resources list of databases. You can also search for individual titles via the catalogue. HeinOnline is a good source for traditional legal materials - reported cases, statutes, academic law reviews, commercially produced law journals and magazines, and more.

The Canadian Bar Review is compiled by the Canadian Bar Association, a voluntary bar association formed in 1896. The Canadian Bar Association advocates for the preservation of the independence of the court system and its lawyers.

The Canadian Bar Review has been added to HeinOnline.

You can access HeinOnline remotely via the External Database link on our website Home page or the Electronic Resources list of databases. You can also search for individual titles via the catalogue. HeinOnline is a good source for traditional legal materials - reported cases, statutes, academic law reviews, commercially produced law journals and magazines, and more.

The Canadian Bar Review is compiled by the Canadian Bar Association, a voluntary bar association formed in 1896. The Canadian Bar Association advocates for the preservation of the independence of the court system and its lawyers.

• Proctor Vol 37(8) In this issue - Succession law litigation / Amendments to the Legal Profession Act / Elder abuse awareness campaign shines light into the shadows

• University of QLD Law Journal - In this issue - Contesting public service fiduciary accountability Robert Flannigan / Contested Domains: Regulatory challenges in banking and finance Wardrop et al / Crowd-soured equity funding: the regulatory challenges of innovative fintech and funding Anne Matthew / Class warfare in debt restructuring: does Australia need cross-class cram down for creditors schemes of arrangement? Jason Harris / Dealing with excess: Regulatory perspectives on surcharging for payment Ann Wardrop

• Criminal Law News Vol 24(8) In this issue - Admissibility of evidence of flight on charge of murder where flight occurs before death Grogan v R [2016 NSWCCA 168 / Section 18 of the Crimes Act 1900 is not engaged if a person kills himself or herself IL v R [2017] HCA 27 / No error to impose non-parole period which is 75% of the total sentence for a Commonwealth sentence Aboud v R [2017] NSWCCA 140 / Extent to which matters on a Form 1 can affect the sentence imposed GD v R [2017] NSWCCA 139 / Date of commencement of sentences 20 for Commonwealth offences Shi v R [2017] NSWCCA 126 / There is no two stage approach to the application of the totality principle ZA v R [2017 NSwCCA 132 / Incorrect statement as to the maximum penalty for an offence Zaky v R (Cth) [2017] NSWCCA 141 / Drug supply - whether no substantial injury, emotional harm, loss of damage cause when drugs supplied to police Taysavang v R; Lee v R [2017] NSWCCA 146

• Everett and McCracken's banking and financial institutions law / Sheelagh McCracken, John Stumbles, Greg Tolhurst and Olivia Dixon
• Mabo : a symbol of struggle ; the High Court judgment examined / Sean Flood
• The campaign against the courts : a history of the judicial activism debate / Tanya Josev

• Government Gazette No 99 of 8 September 2017 — published 8 September 2017

• For other government instruments see the Industrial Gazette.

• Experts welcome comprehensive review of Family Law Act When Attorney-General George Brandis announced plans for a comprehensive review of Family Law Act during the federal budget in May, he revealed that the Commonwealth would also commit an additional $80 million to family law and family violence services.

• ACT solicitor struck off following 14 fraud offences Canberra-based lawyer Stephen Raymond Stubbs has been prohibited from practising law after the ACT Supreme Court found him guilty for more than 14 counts of dishonestly obtaining property by deception. He was sentenced to three years and one month imprisonment for his offences and ordered to repay his deceits.

• Volkswagen Australia deny using emissions defeat devices: Class action drags on as experts hint at 2018 decision Legal representatives for the manufacturer defended class action lawsuits in the Federal Court of Australia on Thursday, where the brand looked to protect trade secrets surrounding popular models such as the Volkswagen Golf. Noel Huntley, a barrister acting on Volkswagen's behalf, told a directions hearing in Sydney that "there is no defeat device" present in the manufacturer's cars, something the brand plans to prove later this year. But his claim clashes with earlier statements from Volkswagen Australia, including an October 2015 media release that said "certain diesel vehicles sold in Australia were fitted with software that can affect their emissions during a dynamometer test". Volkswagen made international headlines last year when it admitted that some of its cars were designed to produce unrealistically favourable results during emissions tests before polluting excessively in the real world.

• The high court’s decision that the same-sex marriage survey is valid continues the great Australian tradition of making reform protracted and painful, writes David Marr. But change is coming anyway. “One way or another, this year or next, parliament will vote for a change that’s now accepted across the western world. All the court did was leave an obstacle in its path.”

Tranche 2 of the Insolvency Law Reform Act 2016 (ILRA) commences on 1 September 2017 and includes Part 3 of the Insolvency Practice Schedule (Bankruptcy), comprising:

• Division 55 – Introduction (to Part 3)
• Division 60 – Remuneration and other benefits received by the trustee
• Division 65 – Funds handling
• Division 70 – Information
• Division 75 – Meetings of creditors
• Division 80 – Committees of inspection
• Division 85 – Directions by creditors
• Division 90 - Review of the administration of a regulated debtor’s estate

Tranche 2 of the Insolvency Law Reform Act 2016 (ILRA) commences on 1 September 2017 and includes Part 3 of the Insolvency Practice Schedule (Bankruptcy), comprising:

• Division 55 – Introduction (to Part 3)
• Division 60 – Remuneration and other benefits received by the trustee
• Division 65 – Funds handling
• Division 70 – Information
• Division 75 – Meetings of creditors
• Division 80 – Committees of inspection
• Division 85 – Directions by creditors
• Division 90 - Review of the administration of a regulated debtor’s estate

• Lawyers criticise Dutton’s ‘total disregard’ for Aussie values Legal bodies have pointed out the irony in the minister’s attack on the “un-Australian” lawyers acting for asylum seekers and refugees.

• Roberta Williams’ lawyer makes cheeky dig at former gangland identity as tax office battle continuesFormer gangland identity Roberta Williams’ plans to save her family home from the taxman via a legal challenge reminiscent of classic Aussie film The Castle have been laughed out of the Supreme Court.

• Sydney Activist Wins Appeal Over Offensive Tony Abbott SignIn the New South Wales (NSW) District Court, iconic Sydney activist Danny Lim had an appeal granted by judge Andrew Scotting in what could be the most 'Aussie' court ruling in recent times, after being charged in August 2015 for standing on a busy Edgecliff road while wearing a sandwich board that read, "Peace Smile, People can Change, Tony You Can't." The 'a' in "can't" was written upside down and shaped as, 'u', to hint at a much more provocative word.

• Pro-bono work a high calling for Australian barristers It would be troubling if it were to become the norm in Australia for the legal profession to have to remind our elected members of parliament that legal representation should be available not just to the powerful or the popular.

• Pauline Wright responds to ‘overstep’ complaint The president of the NSW Law Society has responded to unhappy members, who have expressed their frustrations about her role in a joint statement addressing marriage equality laws, with one going so far as to say that the council’s involvement demonstrates a “willingness to overstep the mark for the sake of perceived and populist political correctness”.

• Clive Palmer launches bid to disqualify judge Clive Palmer has failed in an extraordinary bid to have a Supreme Court judge disqualified from hearing a $US16m legal fight, alleging judges across Australia have been secretly communicating about him.

• International law in Australia / Donald R Rothwell and Emily Crawford
• Annotated guide to the insolvency legislation 2017 / Len Sealy and David Milman
• Shackleton on the law and practice of meetings / Madeleine Cordes and John Pugh-Smith (eds)

• Federal Law Review Vol 45(2) In this issue - The Normative structure of Australian administrative law / Proportionality and the separation of powers in constitutional review: examining the role of judicial deference / Statutory misinterpretation: Rash holding in Brash Holdings / 'On Just Terms' revisited / Accountability in regulatory reform: Australia's superannuation industry paradox / The development of the High Court's willingness to overrule common law precedent / Review of Australia's petroleum resource rent tax: implications from a case study on the Gorgon Gas Project

• Law Society Journal Issue 37 In this issue - A process for healing and hope: how two lawyers have revolutionised justice for more than 850 traumatised clients / Having a belly laugh: Australian judges on why humour is essential on the bench / Moving towards reconciliation: Life beyond the Uluru Statement / The tribulations of tabloid media: why crime reporting is failing / Would you sponsor a refugee? A fresh approach to a big issue

• Australian Corporate Lawyer Vol 27(3) In this issue - How a high performing legal team can deliver value / How general counsel can help their organisation be successful in the data journey / Using technology to restructure the in-house legal function

• NSW Law Reports Vol 93(3) Cases reported in this part:
• Sanderson as liquidator of Sakr Nominees Pty Ltd (in Liq) v Sakr
• Bulga Ungerground operations v Nash
• Nationwide News Pty Ltd v Qaumi
• R v Tai
• Rinehart v Wekler
• Grain growers Ltd v Chief Commissioner of State Revenue (NSW)
• Pel-Air Aviation Pty Ltd v Casey

• Commonwealth Law Reports Vol 258(4)Cases reported in this part:
• Alqudsi v The Queen
• Betts v The Queen
• Blank v Federal COmmissioner of Taxation
• Comcare v Martin
• The Commonwealth v The Director of Fair Work Building Industry Inspectorate
• D'Arcy v Myriad genetics Inc
• Firebird global master fund II Ltd v Republic of Nauru
• Prince George Alfred College Inc v ADC
• R v Bayden-Clay
• R v GW

• Residential tenancies law and practice New South Wales / Allan Anforth, Peter Christensen and Christopher Adkinshttp (7th ed)
• Contractual estoppel / Alexander Trukhtanov
• Strata title property rights : private governance of multi-owned properties / Cathy Sherry

• Barnaby Joyce nominated for Kiwi of the year award Embattled Deputy Prime Minister, Barnaby Joyce, is the second-most nominated person for 2018's New Zealander of Year award. "At the conclusion of the nominations period, the awards office will assess Mr Joyce's eligibility based on his citizenship and other criteria," he said. "The independent judging panel will then consider each nomination on how a particular individual has contributed to making New Zealand a better place to live." Mr Joyce has since renounced his New Zealand citizenship. About 371 nominations have been received so far, with a deadline of September 18. A shortlist will be chosen by a panel and announced in December.

• LCA applauds proposed Modern Slavery Act The Law Council of Australia has welcomed new recommendations for the development of a Modern Slavery Act, calling it a “vital step forward”. The legal body is backing recommendations included in an interim report of the Joint Standing Committee on Foreign Affairs, Defence and Trade, which urges the need for a Modern Slavery Act. The committee has recommended that a Modern Slavery Act should include the creation of an Independent Anti-Slavery Commissioner, a move that LCA applauds.

• Fact check: Is the same-sex marriage survey a completely novel idea that is not actually a plebiscite? The Coalition's promise to give Australians a say on whether same-sex marriage should be legal has changed from a planned compulsory plebiscite to a voluntary postal survey, sparking anger from same-sex marriage supporters. Michael Kirby, a former judge of the High Court, who is gay and a same-sex marriage supporter, described the postal survey as "unacceptable" and "irregular". A High Court challenge to the survey will be heard on September 5 and 6. Should the ballot be ruled illegitimate, it would return the nation to "deadlock", according to Professor Williams.

• Australian Bar Review Vol 44 No 2 - In this issue - Family saved by Dower - Bill Windeyer / DIY - It's costly consequence for counsel - Dr R J Desiatnik / Should Supreme Courts bind District Courts - Oliver Jones / Common practice, breach of duty and jury trials: the history of Mercer v Commissioner for Road Transport and Tramways (1936) - Mark Lunney / A new approach to service outside the jurisdiction and outside Australia under the Uniform Civil Procedure Rules - Michael Douglas and Vivienne Bath / Three people in the marriage? Testing the limits of part VIIIAA of the Family Law Act 1975 (Cth) - James McComish / The exercise of judicial power by State parliaments - Gerard Carney / Causation and fiduciary misconduct in Hong Kong and beyond - Daniel Farinha

• Modern Law Review Vol 80 no 4 - In this issue - What sort of things are public morals; a liberal cosmopolitan approach to Article XX GATT / Debt restructuring and notions of fairness / Why judicial control of price terms in consumer contracts might not always be the right answer - Insights from behavioural law and economics / The Housing and Planning Act 2016: Rewarding the aspiration of homeownership?

• ATO tax syndicate lawyer surrenders in first round of professional misconduct battle A Sydney lawyer charged in relation to an alleged $165M tax fraud syndicate will no longer contest the Law Society of NSW's right to apply for him to be struck off over a separate matter.

• Dual citizenship crisis: October High Court dates set, Tony Windsor to challenge Barnaby Joyce The fate of politicians referred to the High Court over the citizenship saga will not be known until at least mid-October. Mr Joyce's political nemesis, Tony Windsor, has been given permission to join the citizenship challenge in the High Court.

• Cost for new 'Sydney icon' Cloud Arch blows out to $11.3mThe revised design for the City of Sydney's Cloud Arch public artwork project has been released - and the cost has increased from $3.5 million to $11.3 million. Designed by Japanese artist and architect Junya Ishigami, the sculpture will span 53 metres from the Queen Victoria Building across George Street to the intersection with Park Street at Town Hall.

Austlii - the Australasian Legal Information Institute that provides free internet access to Australasian legal materials - has had a makeover! The website re-launch went live recently, with the new design aimed towards finding resources more efficiently. Don't despair if you're an avid Austlii fan, the ‘classic’ interface is being kept going for now.Go check out the new look today!

• Family Law Reports 56 FLR Pt 2-3 - Cases reported in this part:
• Bant v Clayton
• Calder v Calder
• Farnell v Chanbua
• Hart v Sellwood
• Welch v Abney

• Administrative Law Decisions 155 ALD Pt 1 - Cases reported in this part:
• AEK15 v Minister for Immigration and Border Protection
• ASP15 v Commonwealth
• Blain v Repatriation Commission
• Campbell v Superannuation Complaints Tribunal
• Chen v Migration Agents Registration Authority (No 2)
• Minister for Immigration and Border protection v Kumar
• MZAFZ v Minister for Immigration and Border Protection
• Plaintiff S244/2012 v Minister for Immigration and Border Protection
• Re Seymour and Commissioner of Taxation (2013/0287-0296; 2014/1853-1859)
• Re Seymour and Commissioner of Taxation (2013/4168-4177)
• Re Taggart and Civil Aviation Safety Authority
• Re Thomson and Comcare
• Steelforce Trading Pty Ltd (ACN 110 146 515) v Parliamentary Secretary to the Minister
• for Industry, Innovation and Science

• CRIMINAL PROCEDURE REGULATION 2017 (NSW) The object of this Regulation is to remake, with amendments, the provisions of the Criminal Procedure Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

• Malcolm Turnbull’s government has finally defied fiction In a week belonging more appropriately to Shaun Micallef comedy than parliamentary reality, it’s arguable Pauline Hanson’s burqa stunt wasn’t the most extraordinary thing that happened in Canberra. Let’s call out her action, but not play into her cynical pursuit of mega publicity. Entirely beyond imagination was the week being bookended by the Nationals leader, Barnaby Joyce, and his deputy, senator Fiona Nash, standing up in their respective houses to announce they were dual citizens (he a Kiwi, she a Brit).

• A-G issues advice on judiciary’s public presence Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of judges, in response to the parliamentary inquiry into family violence and the family law system.

• High court upholds Australia's right to send asylum seekers to Papua New GuineaThe high court has upheld Australia’s right to send asylum seekers to offshore detention in Papua New Guinea, despite the PNG supreme court ruling the Australian-run processing centre on the island was “unconstitutional and illegal”. The full bench of the high court, sitting in Brisbane, ruled Australia’s offshore arrangement with PNG was valid.