The Library Bulletin

• Sydney law graduate argues English skills too poor to sit on a jury A Sydney law graduate who argued his command of the English language was too limited to be a juror was knocked back by the Supreme Court and ordered to continue deliberations in a murder trial.

• ALHR backs High Court challenge to marriage equality postal voteAustralian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to the non-compulsory, non-binding postal vote on same-sex marriage, calling the idea “fundamentally flawed”.

• Law Society Journal August 2017 In this issue: Julian McMahon on his life's work and his battle to end the death penalty / Barack Obama's former Lawyer on the power of being honest / Bolivian prisons and white power / The dark side of Henry Lawson and why it's still relevant today / Shifting the goalposts again: the skilled migration program

• Law Institute Journal August 2017 In this issue: Celebrating top tier women: 21st century leaders in law / Family law: a question of ethics / Property law: Give and take / Sentencing: the quest for consistency / Superannuation and death benefits: Ready, willing and able

• Proctor August 2017 In this issue: Retirement villages - who'd ever want to leave? / Privilege to protect counselling records / guidance statement no& / ALRC tackles elder financial abuse

• NSW Law Reports Volume 93(2) Reported in this part:
• Dowling v Ultraceuticals Pty Ltd
• Arab Bank Australia Ltd v Sayde Developments Pty Ltd
• Sydney recycling Park Pty Ltd v Cardinal Group Pty Ltd (In liq)
• State of NSW v Robinson
• Lambert Leasing Inc v QBE Insurance Ltd
• Lehn v R
• State of NSW v Wenham

• Annotated Australian work health and safety legislation / Cormack E Dunn
• Annotated guide to the insolvency legislation 2017 / Len Sealy and David Milman
• The Paris Agreement on climate change : analysis and commentary / Daniel Klein, Maria Pia Carazo, Meinhard Doelle, Jane Bulmer and Andrew Higham (eds)
• Butt's Land law (7th Ed) / Brendan Edgeworth

The Weekly Law Reports now has a volume 4. Volume 4 was introduced in 2016 as an online-only expansion of The Weekly Law Reports and extends coverage to include cases that illustrate the application of existing principles to particular factual situations or helpfully bring together and summarise established principles as well as providing deeper coverage of family law, shipping, sentencing and awards of general damages. The entire library of Weekly Law Reports can be accessed in the library and individual cases can be emailed to library members on request.

CONVEYANCING (SALE OF LAND) REGULATION 2017 (NSW) The object of this Regulation is to remake, with some amendments, the provisions of the Conveyancing (Sale of Land) Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

• ‘Dynamic developments’ to impact Australian international arbitration Commonwealth Solicitor General Justin Gleeson SC's observations on the “dynamic developments currently occurring in international arbitration overseas which have a bearing on the future of arbitration in Australia”.

• Legal Research And AI: Looking Toward The Future If AI can reduce the amount of time lawyers spend on research, then lawyers can focus on more interesting tasks. AI has the potential to dramatically change the practice of law in a number of different ways in the very near future, and legal research is one of the areas that will be affected the most.

• Australia’s quirkiest crimes Criminal lawyers at Slater and Gordon have curated a list of some of Australia’s most bizarre criminal offences. If you’re thinking of buying more than 50 kilograms of potatoes, singing an obscene ballad or challenging someone to a duel, you might want to think again.

• Law Society Journal July 2017 In this issue: A close up look at lawyers: surprising trends in the 2016 National profile of the profession / A family drama: the unusual matter keeping the family court busy / Making the move in-house: tips and advice / ICAC testimony and Criminal trials: why witnesses must be wary

• Indigenous Law Bulletin Apr-June 2017 In this issue: Commissioner June Oscar: Reflecting on 25 years since Mabo and hope for the future / The pros and cons of the cashless debit card / will the Royal Commission into the protection and detention of children be enough to prevent inhumane treatment of juveniles in detention?

• NSW Law Reports Volume 93(2) Reported in this part:
• Dowling v Ultraceuticals Pty Ltd
• Arab Bank Australia Ltd v Sayde Developments Pty Ltd
• Sydney recycling Park Pty Ltd v Cardinal Group Pty Ltd (In liq)
• State of NSW v Robinson
• Lambert Leasing Inc v QBE Insurance Ltd
• Lehn v R
• State of NSW v Wenham

• NSW council amalgamations: Mayors fight to claw back court dollars after backflip on merger Premier Gladys Berejiklian announced in February her government would scrap forced mergers for the country councils fighting back. This week she announced the same concession for select metropolitan councils. Greens MP David Shoebridge said he would be pushing for the legislation to be changed, and for councils to get money back from their protracted fights.

• Saving Sirius: why heritage protection should include social housing Last year, the then state heritage minister, Mark Speakman, refused to list the Sirius block of public housing apartments on the NSW Heritage Register. Doing so would reduce the amount that the government, as its owner, might make from selling it. Now the NSW Land and Environment Court has ruled that the decision is invalid and must be remade.

• Latest scandal in Australian politics sees a grown man blame his mother for turning him into an Italian Just to recap, earlier this week, Liberal National resources minister Matt Canavan resigned from Cabinet after claiming to have recently discovered he was a dual Italian citizen. Canavan, who has decided to stay and fight in the High Court because "his mother apparently applied for dual Italian citizenship for her 25-year-old son in 2006 without him knowing".

• Australian evidence : a principled approach to the common law and the uniform acts / Andrew Ligertwood and Gary Edmond
• The campaign against the courts : a history of the judicial activism debate / Tanya Josev
• Australian principles of tort law/ Pam Stewart and Anita Stuhmcke

• Female legal eagles on the rise Female lawyers in Australia now outnumber men for the first time, with women joining the profession at twice the rate of men in the past two years. Law Society of NSW chief executive Michael Tidball said the "equalising of opportunity" had begun and the increase reflected the continued movement of women into roles once dominated by men.

• Senator Scott Ludlam’s whistleblower revealed as WA barrister Perth barrister, Dr John Cameron is single-handedly responsible for obtaining the proof that Senator Ludlam still holds New Zealand citizenship and is ineligible for politics. Mr Cameron is understood to have obtained documents that are not publicly available from New Zealand authorities proving Senator Ludlam has dual citizenship — which bars him from holding a Senate seat under Section 44 of the Australian constitution.

• Apple flies in top executives to lobby Turnbull government on encryption laws Apple's top privacy executives have flown out to Australia twice in the past month to lobby the Turnbull government over looming changes to laws that govern access to encrypted messages.

• Australian medical liability / Bill Madden and Janine McIlwraith
• Smith and Monkcom : the law of gambling / Gerald Gouriet and Jeremy Phillips (eds)
• Remedies in construction law / Roger ter Haar
• Insolvency law corporate and personal / Andrew Keay and Peter Walton

• Everything You Should Know About The Government’s New Encryption Laws In a press conference last week Malcolm Turnbull announced the Government’s intention to introduce new encryption laws that would compel tech companies to provide Australian security agencies with access to encrypted messages. Here’s what you need to know at the moment

• Fridge size, goat slaughter, drunk steam engine driving: The laws you never knew existedWhile the winds of legal change have swept through many a state parliament, some rusted on legislation stemming from ye olden days has managed to cling on for dear life. For example: In the somewhat draconian Inclosed Lands Protection Act (NSW), it remains an offence to leave another person’s gate open. “Any person who enters into or upon the inclosed lands of any other person, and wilfully or negligently leaves open or down any gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units,” the act reads. That’s $200 in today’s money. Shut the gate!

• Commonwealth Law Reports Vol 258(3) Cases reported in this part:
• Alqudsi v The Queen
• Betts v The Queen
• Blank V Federal Commissioner of Taxation
• Comcare v Martin
• D'Arcy v Myriad Genetics Inc
• Deal v Father Pius Kodakkathanath
• Firebird Global Master Fund II Ltd v Republic of Nauru
• Plaintiff M65/2015 v Minister for Immigration and Border Protection
• Prince Alfred College Inc v ADC
• PT Bayan Resources TBK v BCBC Singapore Pte Ltd
• R v Bayden - Clay

• R v GW

• Federal Court Reports Vol 246(4) Cases reported in this part:

• Applied Medical Australia Pty Ltd v Minister for Health
• Compton v Ramsay Health Care Australia Pty Ltd
• DLW Health Services PTY LTD v Secretary; Dept of Health
• Hickie v Zdrilic
• Sino Dragon Trading Ltd v Noble Resources International Pte Ltd

• Law Quarterly Review - July 2017 - In this issue: Breach of condition and express termination right; a distinction with a difference Prof J.W Carter and Wayne Courtney / Causation in (criminal) Law Prof A.P Simester / Accessory Liability for intellectual property infringement; the case of authorisation Sir Richard Arnold and Paul S. Davies / Judicial duty not to apply EU law Mikolaj Barczentewicz

• Psychiatry, Psychology & Law - June 2017 - In this issue: Fear of cybercrime in Europe / Savi Virtanen / An evaluation of the impace of Australia's first community notificatino scheme Laura Whitting, Andrew Day & Martine Powell / Learning to be streetwise: the acquisition of accurate judgments of aggression Liam Satchell, Lucy Akehurst & Paul Morris / A case concerning children's false memories of abuse: recommendations regarding expert witness work Henry Otgaar et al / I don't like the cut of your jib: percieved facial masculinity as a cue to criminality Victoria C. Estrada-Reynolds, Joshua J. reynolds, Sean M. McCrea & Scott Freng / Is workplace bullying a conflict? Examples from Norwegian lawsuits Jan Gregersen / The effect of reading interventions among poor readers at a forensic psychiatric clinic Idor Stevensson, Linda Falth, Bengt Persson & Staffan Nilsson

The President of the Senate, Senator the Hon Stephen Parry, & the Speaker of the House of Representatives, the Hon Tony Smith MP, announced in June that the Class A records of the Parliamentary Commission of Inquiry into the conduct of the Honourable Lionel Keith Murphy will be publicly available. It was intended that the records would be tabled out of session and then published in electronic form on Monday, 24 July 2017, allowing time for, where possible and appropriate, advising persons named in the records, and the closest living relatives or legal representatives of deceased persons, of their forthcoming publication, and for the scanning of documents and redaction of personal information such as signatures and addresses.

The Department of Justice NSW is seeking to optimise the use of civil court and tribunal data for evidence-based decision-making, specifically data from the civil divisions of the Local, District and Supreme Court, the Land and Environment Court and the NSW Civil and Administrative Tribunal (NCAT). To facilitate this process, the Law and Justice Foundation of NSW (the Foundation) has been engaged by the Department to investigate the quality and utility of each court and tribunal’s data in informing policy and practice. This report focuses on District Court data.

This report is published by the Law and Justice Foundation of New South Wales, an independent, not-for-profit organisation that seeks to advance the fairness and equity of the justice system, and to improve access to justice, especially for socially and economically disadvantaged people.

• Monkey see, Monkey Sue PETA and Naruto, a free-living crested macaque have sued photographer David Slater and the San Francisco- based self-publishing company Blurb, which published a book called Wildlife Personalities that includes the monkey selfies, for copyright infringement.

• 'Like Abbott and Turnbull writ small': Law Society locked in Supreme Court fight The NSW Law Society – the representative body for the state's 30,000 solicitors – is in turmoil as its junior vice-president takes it to court to head off a bid to oust her from the position.

• Solicitor who pleaded guilty to fraud confesses to pocketing criminal proceeds A high-profile Brisbane solicitor - Tim Meehan, who acted for Daniel Morcombe’s killer, Brett Cowan - is set to be jailed for fraud and has confessed to pocketing criminal proceeds as part of an alleged scheme that prosecutors said netted his law firm “almost certainly well in excess of $600,000” in secret cash payments from clients.

• Man sues over missing 90s Lotto ticket David Owen Renshaw told the Sydney Supreme Court on Wednesday a shop attendant threw away the $3.3 million winning ticket, and it has been haunting him for 20 years. Mr Renshaw says he saw the words 'provisional winner' appear when he handed in his ticket at Granville Railway Station newsagency in the week following the September 23, 1997 draw. 'I know what I saw, it has been playing on my mind for 20 years,' he said.

• NSW Bar pushes for indigenous court to cut incarceration The NSW Bar Association has called for an innovative indigenous-specific court model to be put in place “as soon as possible” in the wake of figures showing the state’s Aboriginal and Torres Strait Islander jail population could be slashed under proposed non-custodial reforms.

• Federal Court orders go digital From now on lawyers acting in matters before the Commonwealth courts will only receive sealed orders electronically. The Family Court of Australia (FCA) and Federal Circuit Court (FCC) have announced that sealed court orders are available for download, in another step towards fully integrated court e-services.

• NSW Law Reports Vol 93(3) Cases reported in this part:
• Menzies v Paccar Financial Pty Ltd (contempt)
• Hanson Construction Minerals Pty Ltd v Roberts (Land Law)
• AQO v Minister for Finance and Services (Statutes)
• Re Estate Wilson, Deceased (Succession)
• Cheng v Farjudi (Torts)
• State Insurance Regulatory Authority v Abdul-Rahman (Workers Compensation

Motor Vehicle Reports Vol 74(9) Cases reported in this part:

• AAI Ltd v Marinkovic (QCA — Full Court)
• Attard v Moore (TASSC — Pearce J)
• Bekhit v Department of Transport (WASC — Le Miere J)
• Cantwell v Nozhat (ACTSC — Robinson AJ)
• Costello v R (NSWCCA — Full Court)
• McGarvey v Mulino(ACTSCFC Full Court)
• McGuinness v Heffernan(WASC — Le Miere J)
• Pawlak v Police(SASC — Vanstone J)
• Sadiq v R(VSCA — Tate and Priest JJA)
• Sharma v R (VSCA — Santamaria JA)

• Proctor July 2017 - In this issue: The advance of ATO data matching / Another makeover for PPS leases / Advance care directives in Queensland

• Criminal Law Review Issue 7, 2017 - In this issue: The evolution of English sentencing guidance in 2016 / Parliamentary privilege and the criminal law / Sappers and underminers: fresh evidence revisited / Diminished responsibility in Golds and beyond: insights and implications

• Banking law in Australia / Alan L Tyree
• Australian evidence : a principled approach to the common law and the uniform acts / Andrew Ligertwood and Gary Edmond
• Annotated Fair Work Act and related legislation 2017 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Oshie Fagir and Justine Turnbull
• Complete guide to SMSFs : planning for loss of capacity and death / Bryce Figot

• For those with Foxtel, an exciting new series: Court Justice - Sydney The public has been offered a rare and confronting glimpse into the proceedings of Australia’s busiest local court; the Sydney Downing Centre. Court Justice - Sydney is an inside look at the machinations of Australia's busiest local court & sees Sydney's top magistrates dealing with a violent street brawl that has a surprising outcome, a long running feud between neighbours, and a father of three facing graffiti charges.

• Sydney’s Street Kitchen and Safe Space Going Strong, Despite Council Threats Sydney’s 24-7 Street Kitchen and Safe Space has been providing the city’s homeless with meals and a sheltered area to sleep in since mid-December last year. Currently, the kitchen is dealing with an influx of people to feed, as the only drop-in centre in the city has temporarily shut its doors. On average, the street kitchen has been providing around 400 to 500 meals a day to those in need in the CBD. But since Station Ltd at Wynyard has had to close its doors for at least three weeks, the setup is now preparing an extra 200 plates of food daily.

• [Peter Dutton: A Law Unto Himself] (http://www.sydneycriminallawyers.com.au/blog/peter-dutton-a-law-unto-himself/ "")Former Solicitor-General Justin Gleeson has warned that Peter Dutton’s growing control over Australian deportation laws is removing important oversight mechanisms offered by the courts and parliament – threatening the separation of powers between the state and judiciary.

Historic Australian Commonwealth parliamentary debates are now available online via Historic Hansard

Availble via Library Links