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Noteworthy

Fri Jul 07 2017
  • Blawging stateside - Hannah Ryan in New York has assembled the best and the brightest of the online legal commentariat; Intellectuals, pundits, provocateurs, investigative journalists - A fascinating hive of activity in the law space. While few can compare to the wit and wisdom of Justinian, there is a glut of legal media in the US. Here are the most notable blogs (as they call them here, "blawgs"), writers and podcasters talking law, national security and rights.
    Some of the blogs include:
  • Above The Law is a straight-down-the-line legal news outfit staffed by former lawyers, publishing stories and tidbits about biglaw, law schools, and goings-on in the courts.
  • BuzzFeed's U.S. operation has two of the US's most law-obsessed reporters on its staff, legal editor Chris Geidner and Zoe Tillman. It's almost certainly impossible to tweet more about law than Geidner does. Their coverage is comprehensive, detailed, and consumable.

  • Laurence Tribe's Twitter feed - Legendary constitutional lawyer, Harvard professor, Obama mentor, and now prolific Trump critic on Twitter: Laurence Tribe is worth a follow.

  • More Perfect - Do you like richly reported, moving stories about the people behind major Supreme Court decisions? Then listen to More Perfect (a spin-off of the popular RadioLab podcast).

If you're not a subscriber, Justinian is available in the Bar Library

Latest Law Reports

Fri Jul 07 2017
  • Family Law Reports Vol 55 - Cases reported:
  • Fontana v Fontana (FamCAFC — Full Court) (2016) 55.410
  • Janssen v Janssen FamCA — McClelland J) (2016) 55.439
  • Withers v Russell (FamCA — Watts J) 55.447
  • X Corporation Pty Ltd v Jess (FamCAFC — Full Court) (2016) 55. 419

Latest Journals

Fri Jul 07 2017
  • Sydney Law Review Vol 39 No 2 In this issue: Two models of mediation ethics - Jonathan Crowe / Liability of educational providers to victims of abuse: a comparison and critique Anothony Gray / Compelling safety: reforming Australian treating doctors' mandatory reporting obligations Gabrielle Wolf / The Australian Border Force Act 2015 (Cth) Secrecy provisions - borderline unconstitutional Nicola Bevitt

  • Law Society Journal 2017 issue 35 In this issue: A close up look at lawyers - national report shines light on new industry trends Lynn Esey and kate Allman / Family law 0 From surrogacy to DNA parentage testing and social media abuses, family law is changing Denise Cullen / Hot topic - In District Court Justice Derek Price AM tells Jane Southward it's time for an overhaul in the way solicitors and prosecutors work

  • Law Institute Journal Vol 91 No 7 In this issue: Jury Tiral Traditon versus research Jenny Awad / Mutual Recognition Act - Is there room for mutual distrust? Noam Greenberger / SCV Civil Application - In a hurry Marcus Finlay / Sports - WADA and state-sponsored doping Tom Hickey, James Peterson and Garth Towan

Noteworthy

Fri Jun 30 2017
  • Life Insurance Code of Practice sets foundation for consumers with minimal medical definitions (FED) - Financial Services Council (FSC) members will from tomorrow (1 July) be subject to the industry's first ever Life Insurance Code of Practice for consumers, which has been strengthened ahead of its launch with a foundation of new minimum standard medical definitions for cancer, heart attack and stroke for use in trauma/critical illness policies. The new definitions have been developed with the assistance of medical professionals and will be under continual review to ensure they are in keeping with advancements in medical science. Their development are an important foundation in ensuring consumers can have confidence in the Life Insurance Code of Practice.
  • Looking for a published probate notice? You can now search the NSW Online Registry for probate notices which were published online on or after 21 January 2013. Before this date, notices were published in The Sydney Morning Herald and/or local newspapers.

News

Fri Jun 30 2017
  • Alarm for terrorism bill ‘rushed through’ NSW Parliament When lawyers learnt that a bill concerning police powers had been rushed through the NSW Parliament, two of the state’s leading legal representative bodies moved to flag concerns. Commenting on the hurried passage of the Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017 through Parliament, the presidents of the NSW Bar Association and NSW Law Society said that however meritorious the objective of any law reform may be, proper consultation was needed.

  • Australia's first flag forgotten, found and restored all in 100 years. In a dusty vault deep in the heart of the Newcastle Cathedral, an unsuspecting cardboard box sat forgotten for years. But that box contained one of our most significant artefacts from World War I — Australia's first national flag. Known as the Birdwood Flag, it was flown at the headquarters of General William Birdwood at the Western Front.

  • Neurosurgeon suspended for drug use, after fatal overdose of doctor friend The case before the NSW Civil and Administrative Tribunal, which examined the ethics and risks of doctors taking drugs outside work hours, has been brought to the attention of the NSW Health Minister. "The tribunal has heard alarming evidence suggesting the widespread consumption of drugs both by qualified medical practitioners and by nursing staff, albeit such incidents occurred in social settings," said the tribunal's judgment, published on Wednesday. The tribunal heard that a specialist neurosurgeon, given the pseudonym DAC, developed an "unconditional infatuation" with the junior neurosurgeon, known as Dr A, and they used GHB, also known as "liquid ecstasy", outside work and on weekends.

  • Sydney college found guilty of scamming students into accepting costly loans The Australian Competition and Consumer Commission (ACCC) took action against the Unique International College in Granville. It alleged the training college misled up to 3,600 people when it enrolled them in courses, giving them free laptops and telling them the class was free when in fact they were incurring VET FEE-HELP loans of up to $25,000.

  • Broadway show makes audience faint and vomit George Orwell's prophetic, nightmarish vision, written in 1949 of the world we were becoming is timelier than ever. As literary political fiction and dystopian science-fiction, 1984 is a classic, one that has been turned into a powerful stage production which has caused a storm around the world — and this week Sydney gets to see what all the fuss is about.

Latest Journals

Fri Jun 30 2017

Australian Bar Review Vol 44 No 1 - In this issue: Insolvent trusts: implications of Buckle and CPT Custodian - RW White / Some aspects of civil liability arising from breach of duty by a superannuation trustee - JC Campbell / The role of comity in applications for anti-suit injunctions - Michael Buckingham / Interpretation in the french high court - Chloe Burnett

  • Proctor Vol 37 No 5 - In this issue: The Pendulum swings in favour of DV victims / Turbines tussle may test free trade agreement / Ethereum: more than 'the new bitcoin'

  • Counsel June 2017 - In this issue: Speaking truth to power - Andrew Langdon QC / Parties set out theis justice stalls - Catherine Baksi / Reality behind the Rehtoric (westminster Watch) - Mark Hatcher / Free speech and e-media Richard Speearman QC

  • Alternative Law Journal Vol 42 No 1 - In this issue: Equality, Proportionality and dignity: the guiding principles for a just legal system - Justice Virginia Bell AC / The judicial evolution (or counter-revolution) of fundamental rights protection in Australia - Dan Meagher / Animal Welfare and the economy of kindness - Jonathan Crowe / Complicity, crime and conjoined twine - Colleen Davis / Tortured genius: the legality of injurious performance art - Theodore Bennett / Community housing emerges from the shadowlands: property rights and the implications of a national regulatory framework under the Community Housing National Law - Michael R Nancarrow / Business and Human Rights: the challenge of putting principles into practice and regulating global supply chains - Justine Nolan

Latest Law Reports

Fri Jun 30 2017
  • Queensland reports [2017] Vol 1 Part 4 - Cases reported:
  • R v Ducksworth (CA)
  • Hayes v State of Queensland (CA)
  • New Zealand Law Reports [2017] Vol 2 Part 6 - Cases reported:
  • Andrews Property Services Ltd v Body Corporate 160361
  • Godfrey Hirst NZ Ltd v Commerce Commission
  • Hardegger v Southland Regional Council
  • Kearns v R
  • Queenstown Airport Corporation Ltd v Commissioner of Inland Revenue
  • Zurich Australian Insurance v Withers

News etc

Fri Jun 23 2017
  • Tax fraud allegation could undermine trillion-dollar investigations, senator says The arrest of Adam Cranston over an alleged $165 million tax fraud could have serious consequences for the ATO and even the investigation into the Panama Papers.

  • Ministerial trio to make abject apology to court to head off contempt charge Health Minister Greg Hunt, Human Services Minister Alan Tudge and Assistant Minister to the Treasurer Michael Sukkar have decided to reverse course and make the special apology to Victoria's highest court on Friday, a week after they refused to apologise for comments critical of the judiciary.

  • Extra funding a relief for courts: LSNSW The Law Society of NSW has welcomed a new court funding commitment from the state government, though it said a long-term solution is needed. The Law Society applauded the NSW government’s commitment of $8.5 million to fund two trial courts at the Downing Centre in Sydney and a State Parole Authority hearing room at the Sydney West Trial Courts in Parramatta.

NSW Legislation Updates

Fri Jun 23 2017

Latest Law Reports

Fri Jun 23 2017
  • Australian corporations and securities reports 118 Parts 2 & 3 Table of Cases Reported:
  • Australian Competition and Consumer Commission v Australia and New Zealand Banking
  • Group Ltd (ACN 005 357 522) (FCA — Wigney J)
  • Australian Competition and Consumer Commission v Macquarie Bank Ltd (ACN 008 583 542)(FCA — Wigney J)
  • Australian Securities and Investments Commission v Drake (No 2)(FCA — Edelman J)
  • Re OneSteel Manufacturing Pty Ltd (admins apptd)(NSWSC — Brereton J)
  • Sanderson (as liquidator of Sakr Nominees Pty Ltd) (in liq) v Sakr (NSWCA — Full Court)
  • Shepard (in his capacity as deed administrator of Quest Minerals Ltd) (subject to deed of company arrangement) (ACN 062 879 583) v Mutual Holdings Pty Ltd (ACN 092 024 336) (FCA — McKerracher J)

  • Administrative law decisions 2017 Vol 153 Part 1 - Table of cases reported:

  • Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink (FCA — Logan J)
  • Cayzer v Minister for Immigration and Border Protection (No 3) (FCA — Mortimer J)
  • Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc (FCA — Wigney J)
  • Comcare v Martin (HCA — Full Court)
  • D Marks Partnership (by its general partner Quintaste Pty Ltd) v Cmr of Taxation (FCAFC — Full Court)
  • Dalla v Minister for Immigration and Border Protection (FCA — Logan J)
  • Nicovations Australia Pty Ltd v Secretary of the Department of Health (FCA — Robertson J)
  • Tusitala v Assistant Minister for Immigration and Border Protection (FCA — Markovic J)
  • Australian Law Reports 2017 341 Part 3 - Table of cases reported:

  • Chief of Navy v Angre
  • Construction, Forestry, Mining and Energy Union v Australian Building and Construction
  • Commissioner
  • Lazarus v Independent Commission Against Corruption
  • Load and Move Pty Ltd v Container Rotation Systems Pty Ltd
  • Park (as trustee of the bankrupt estate of Tschannen) v Tschannen
  • Santos v Department of Corrective Services (CACV 37 of 2016)
  • Santos v Director of Public Prosecutions (WA) (CACV 145 of 2015)
  • Tech Mahindra Ltd v Commissioner of Taxation
  • Tyne (as trustee of the Argot Trust) v UBS AG (No 2)
  • WIN Corporation Pty Ltd v Nine Network Australia Pty Ltd

Latest Journals

Fri Jun 23 2017
  • Australian Journal of Competition and Consumer Law 2017 Vol 25(2) In this issue: Providing Misleading or Deceptive Conduct: Challenges posed by the internet - Adrian Coorey / Influencers, Instagurus and Enablers: Using accessorial liability to establish a norm of behaviour in relation to disguised viral marketing - Lynden Griggs and Aviva Freilich / Extracting Volume from Big Data: Taking Big Data processing and analysis into account - Suiyi Zhang

  • Torts Law Journal 2017 Vol 22(2) In this issue: In mourning of bereavement damages — Iain Field / Defamation: Media regulator? — Tyler Fox / Breaking new ground? Nuisance, negligence and pure economic loss in Marsh v Baxter — Anna Bunn and Michael Douglas / Debunking a myth: A rejection of the ‘assumption of responsibility’ test for duty of care — David Tan

National Domestic and Family Violence Bench Book

Wed Jun 14 2017

The National Domestic and Family Violence Bench Book is a web-based, open access resource designed for easy readability and navigation by a range of users. For flexibility, any bench book page can be converted to a PDF and emailed or printed. The purpose of this bench book is to provide a central resource for judicial officers considering legal issues relevant to domestic and family violence related cases that will contribute to harmonising the treatment of these cases across jurisdictions along broad principles and may assist them with decision-making and judgment writing. There are a number of navigation tools: Left-hand menu enabling access to the bench book contents, case database, victim experiences and acknowledgements File tabs containing a variety of resources related to a particular issue Breadcrumb trail revealing the user’s path from the home page to the current page Embedded links connecting to external sources and related material within the bench book Linked keywords connecting related material within the bench book.

As well as serving as a resource in the judicial decision-making process, this bench book is a publicly available resource that is intended to benefit other legal professionals and service providers who are working with victims and perpetrators of domestic and family violence.

News etc

Fri Jun 09 2017

Latest Journals

Fri Jun 09 2017
  • Law Institute Journal June 2017 - In this issue - Operation Secret Boarders: what we don't know can't hurt us / Forced Marriage: does it really happen in Austrlia? / Total and permanent disablement claims: tips and traps / Victorian Charter of Human Rights: Rights without remedies

  • Judicial Review In this Issue - Back to Basics: The Administrative Court Judicial Review Guide 2016 / Interim Relief in Judicial Review / Public Functions and Amenability: Recent Trends / Out of Mind – Exposure to Unfair Prejudicial Material and Bias / Where Should Costs Assessments in Public Law Cases Take Place? / Family Reunification and Judicial Review Remedies in UTIAC / Prisoners and Judicial Review: Pitchforks against Artillery? / The Right to Respect for the Home: Privacy’s Poor Relation? / Structural Procedural Review: An Emerging Trend in Public Law

Latest Law Reports

Fri Jun 09 2017
  • Family Law Reports 55(5-6) 2017 Cases reported:
  • Beckham v Desprex
  • Blanding v Blanding
  • Browne v Keith
  • Campbell v Superannuation Complaints Tribunal
  • Fontana v Fontana
  • Janssen v Janssen
  • Withers v Russell X Corporation Pty Ltd v Jess