The Library Bulletin

• Gazette No 60 of 7 June 2017 (pages 2393-2394)
• Gazette No 59 of 2 June 2017 (pages 2388-2392)

• Refugee tribunal members lose contracts after Peter Dutton criticisms More than 50 members of the Administrative Appeals Tribunal – the independent authority that reviews decisions by the Australian government – have been told they will not have their contracts renewed, after attacks from ministers over decisions the government did not agree with.

• Bernardi seeks to challenge, split the NSW Liberals Senator Cory Bernardi made a sales pitch for a conservative uprising on Thursday. The day after he applied to register a NSW branch of his new Australian Conservatives, Bernardi made it clear he expects to compete with the Liberals not just for votes but defections.

• Australian Law Journal Vol91/5 2017 - Special issue: Indigenous Australians and the Law: Indigenous Constitution Recognition: Paths to failure and possible paths to success by Shireen Morris and Noel Pearson / Testamentary freedom and customary law" the impact of succession law on the inheritance needs of Aboriginal and Torres Strait Islanders in Australia by Prue Vines / Opportunity if there for the taking: legal and cultural principles to re-start discussion on Aboriginal Heritage Reform in WA by Lauren Butterly, Ambelin Kwaymullina and Blaze Kwaymullina / Two New township leases on Aboriginal land in the NT by Leon Terril / Ensuring ethical collaborations in indigenous art and records management by Terri Janke / Thinking outside the constitution on indigenous constitutional recognition: entrenching the Racial Discrimination Act by Dylan Line / What does national Equality Law have to do with closing the gap? by Laura Beacroft

• Law Society Journal Iss34 2017 - In this issue: The burdon of unconscious bias: are lawyers and the legal profession programmed to exercise prejudice? / Opportunity knocks for innovation: insights into Australia's start-ups / Can you repeat the question? how hearing loss effects the legal profession / The nuts and bolts of the new NSW CTP scheme

You can access a wide range of Journals via the internet without having to come to the library. HeinOnline, an online database containing more than 145 million pages and 140,000 titles of international legal history and government documents. Content includes:

• Indigenous Law Bulletin (full text)
• Law Quarterly Review (Vols 1-62 in full text)
• Australian and New Zealand Maritime Law Journal
• Alternative Law Journal
• Current Issues in Criminal Justice
• Psychiatry, Psychology and Law

**To access online journals head to the Library home page and look for External Links on the bottom left of the page. Click on HeinOnline to access the database

• Federal Court Reports Vol 245 Part 3 - Table of cases reported:
• Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicines Authority
• Babcock & Brown (in Liq) v Grant-Taylor
• Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc
• Engel v National Biodiesel Lyd
• Kaur v Minister for Immigration and Border Protection
• Palmer Leisure Coolum Ltd v Takeovers Panel

• Walker v Sell

• Motor Vehicle Reports Vol 79 Part 2 - Table of cases reported:

• Amos v McCarron
• Bricknell v Motor Accidents Insurance Board (No 2)
• Counsel v Glynn
• Nominal Defendant v Cordin
• QBE Insurance (Australia) Ltd v Alawia

• TA v IA

• Butterworths Property Reports Vol 237

• NWC Finance Pty Ltd v Borsellino (No 2)
• Kazacos v Shuangling International Development Pty Ltd
• Bilton v Ligdas
• James v Owners — Strata Plan No 11478 (2014/37203)
• McElwaine v Owners — Strata Plan No 75975
• Strel v Cordia
• Davis v NSW Land and Housing Corporation

• Gazette No 56 of 26 May 2017 (pages 1780-1824)
• Gazette No 55 of 19 May 2017 (pages 1703-1779)

New or updated in force legislation

• Crimes (Sentencing Procedure) Act 1999 No 92
• Liquor Act 2007 No 90

New or updated Bills in Parliament

• Crimes Amendment (Intimate Images) Bill 2017
• Firearms and Weapons Legislation Amendment Bill 2017
• Statute Law (Miscellaneous Provisions) Bill 2017

• Law and poverty in Australia - 40 Years after the Poverty Commission / Andrea Durbach, Brendan Edgeworth and Vicki Sentas
• Cheshire Fifoot and Furmston's law of contract 17th ed / Michael Furmston
• Equity, trust and commerce / Paul S Davies and James Penner (eds)
• Public inquiries : wrong route on Bloody Sunday / Louis Blom-Cooper

• 'I don’t take orders from the chief justice': How Nauru ousted its judicial leaders Sealed affidavits of former magistrate Peter Law and former chief justice Geoffrey Eames, both Australian, reveal fresh details of their expulsion.

• Uluru talks: delegates walk out due to sovereignty and treaty fears Seven delegates walked out of the Uluru convention on constitutional recognition, saying their concerns about loss of sovereignty and the lack of a formal guarantee of a treaty process were not being heard.

• Angry judge locks up criminal for calling him 'mate' in court A UK judge has thrown a racist who called him "mate" in court behind bars for being disrespectful.

• US House votes to give some powers of Librarian to Trump The USA House of Representatives voted in favor of the Register of Copyrights Selection and Accountability Act (H.R. 1695). The bill’s name implies that it focuses on the mundane details of copyright law, and to some extent, it does. It also limits the position of Librarian of Congress. In particular, if it is passed by the Senate, the act will prevent Current Librarian Dr Carla Hayden from appointing the next Register of Copyrights, leaving the appointment up to the President.

• Barristers raise funds for prize in memory of Katrina Dawson Members of the NSW Bar Association have hit the pavement to raise funds for a new readers’ scholarship established in memory of Katrina Dawson, who was tragically killed in Sydney’s Lindt Café siege. Running the 21.1-kilometre course on behalf of the association was president Arthur Moses SC and barrister Ben Symons of State Chambers. The pair raised in excess of $11,600, which will help fund a prize that has been established in Ms Dawson’s name. The Katrina Dawson prize will go to a female reader who has passed the exam for the NSW bar.

The First Legislative Council, the precursor to the current NSW Parliament, is the oldest legislative body in Australia. Power was vested in the Governor of NSW as representative of the Crown in the new colony. The First Legislative Council (the Colonial Council) was established by the governor in 1824 as an advisory body of five appointed members, in relation to making the laws and other matters.

The records of this body have been digitised and are available on the NSW Parliament website, with over 60,000 documents dating from 1824 to 1855 including records of the establishment of responsible government.

Some interesting documents include:

• a Bill to abolish female transportation from 1841 "An Act to abolish the transportation of female convicts, and to provide more effectual punishment of female offenders within the colony of NSW, as authorises the confinement of any female in a dark cell"
• The declaration of the Crimean War
• a Bill from 1825 "to prevent the harbouring of runaway convicts and to prevent their tippling"

New or updated in force legislation

• Associations Incorporation Regulation 2016
• Conveyancers Licensing Regulation 2015
• Crimes (Sentencing Procedure) Act 1999 No 92
• Land and Property Information NSW (Authorised Transaction) Act 2016 No 46
• Conveyancers Licensing Act 2003 - Conveyancers Licensing Amendment (Fees) Regulation 2017 (2017-205) L- andlord and Tenant (Amendment) Act 1948 - Landlord and Tenant Amendment (Fees) Regulation 2017 (2017-210)
• Property, Stock and Business Agents Act 2002 - Property, Stock and Business Agents Amendment (Fees and Contributions) Regulation 2017 (2017-213)

• New South Wales Law Reports Vol 92 Part 5 Cases reported in this issue:
• Insurance Australia Ltd t/as NRMA Insurance v Scott
• Lin v The Age Company Ltd
• Bartlett v ANZ Banking Group
• Nash Bros Building Pty Ltd v Riverina Water County Council

Federal Court Reports Vol 245 Part 1 Cases reported in this issue:

• Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicine Authority
• Australian Workers Union v Esso Australia Pty Ltd
• Dallas Buyers Club LLC v iiNet Ltd
• Federal Commissioner of Taxation v Breakwell

District Court Law Reports (NSW) Vol 23 Part 3 Cases reported in this issue:

• Ashton Coal Operations Pty Ltd v McLawrence
• Bell Lawyers v Pentelow
• R v Chambour
• Elzahed v Commonwealth
• Nationwide News v Hibbert
• R v Spillane
• Workers Compensation (Dust Diseases) v Cunha

• Australian Law Journal Vol91/4 2017 - In this issue: Judge's sons make the final sacrifice: the story of the Australian Judicial community in the First World War by Tony Cunneen / The Honorable Sir Kenneth Jacobs KBE: A centenary appreciation by Hon William Gummow AC / The Honourable Septimus Burt KC by Julian Burt and Angelina Gomez / The changing face of Judicial Leadership: A Western Australian perspective by Robert Finch AC

• Insurance Law Journal Vol 28/2 2017 - In this issue: Good faith in insurance law: General and independent, not a duty but an interpretative principle by Yong Qiang Han 95 / TPD — Degree of certainty — Unlike ever — Never say never by WIB Enright 109 / Contract works insurance: Faulty workmanship exclusions and scratched glass claims by Patrick Mead

• Australian Property Law Journal Vol 26/1 2017 - In this issue: Draw conclusions on the wall — Defence of the monumented cadastre — Mick Strack / Proprietary estoppel and family provision: Competing moral obligations — Susan Barkehall Thomas 24 / Trustees’ bare legal title: Concept or misconception? by Tobias Barkley 44 / Limited and special grants of administration in Western Australia — Daniel Yazdani 65 / Loosening the screws: Should the Personal Property Securities Act 2009 (Cth) be amended to include fixture provisions by Andrew C Sarraf

• Commissions of inquiry : problems and prospects / Christian Henderson (ed)
• Landmark cases in criminal law / Philip Handler, Henry Mares and Ian Williams (eds)
• Prosecuting / Raymond Gibson
• Cheshire Fifoot and Furmston's law of contract / Michael Furmston
• Equity, trust and commerce / Paul S Davies and James Penner (eds)
• Evidential uncertainty in causation in negligence / Gemma Turton

Bill debated, passed by Assembly

Civil Liability (Third Party Claims Against Insurers) Bill 2017 (NSW)

• Gazette No 55 of 19 May 2017 (pages 1703-1779)

• Gazette No 54 of 12 May 2017 (pages 1662-1702)

The latest edition of the Indigenous Law Bulletin has been released (Vol 8 no 28). Featured in this issue:

• Case Note: How did the McGlade v Native Title Registrar decision lead to proposed amendments to the Native Title Act?
• Reflections on a trial" A frontline worker's perspective on family and domestic violence in the criminal justice system
• Institutional Racism: The importance of section 18C and the tragic death of Miss Dhu

• NSW Labor former secretary Jamie Clements found guilty of unlawfully using electoral roll Former New South Wales Labor Party secretary Jamie Clements has been found guilty of unlawfully using electoral roll information.

• New FBI Chief Named Trump has named the new head of the FBI, following an extensive search that spanned the entire Trump family.

• Torching the Modern Day Library of Alexandria"At the terminal you were going to be able to search tens of millions of books and read every page of any book you found..." Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them

• Gazette No 54 of 12 May 2017 (pages 1662-1702)

New or updated in force legislation

• Criminal Procedure Regulation 2010
• Electricity (Consumer Safety) Act 2004 No 4
• Energy and Utilities Administration Act 1987 No 103
• Fair Trading Act 1987 No 68
• Gas Supply Act 1996 No 38
• Home Building Act 1989 No 147
• Law Enforcement (Powers and Responsibilities) Act 2002 No 103
• Public Holidays Order 2011
• Security Industry Amendment Act 2017 No 16
• Work Health and Safety Regulation 2011

• New South Wales Law Reports Vol 92 (4) Cases reported in this part:
• Civil Procedure - Beavan v Industrial Relations Secretary (No 1)
• Crime - DN v R
• Defamation - Zoef v Nationwide News Pty Ltd
• Evidence - Nash v Resource Pacific Pty Ltd (No 1)
• Negligence - Whitfield v Melenewycz

Queensland Reports 2017 Vol 1 (2) Cases reported in this part:

• Nichols v Earth Spirit Home Pty Ltd
• Gambrao Pty Ltd v Rohrig (QLD) Pty Lyd
• Farnham v Pruden
• R v Chardon
• Thorne Developments Pty Ltd v Thorne
• QNI Resources Pty Ltd v Sino Iron Pty Ltd
• Practice Directions Nos 1 & 2

Bill debated, passed Legislative Council

The object of this Bill is to give effect to the recommendations of the NSW Law Reform Commission in Report 143: Third party claims on insurance money. The recommendations result from a review of section 6 of the Law Reform (Miscellaneous Provisions) Act 1946, which provides a mechanism enabling a third party to enforce a statutory charge over insurance money payable under a contract of insurance to a person indemnified under the contract of insurance in respect of a liability of the insured person to pay damages or compensation to the third party. The Bill replaces section 6 of that Act with an Act that enables the third party to bring proceedings directly against the insurer in respect of his or her claim for damages, compensation or costs against the insured person (rather than proceeding to enforce a specially created statutory charge)

CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) BILL 2017 (NSW)

• Criminal Law News Vol 24(4) - In this issue: Enquiring whether an erroneous reference to a standard non-parole period had an effect on sentence pronounced / Admission of fresh evidence on appeal demonstrating exceptional hardship to third parties / Whether a refusal to allow a Basha inquiry is an interlocutory judgment or order for the purposes of an appeal under s 5F(3) of the Criminal Appeal Act 1912 / Admissibility of expert evidence as to voice identification / Non publication and suppression orders in relation to an entire criminal trial

• Law Quarterly Review Vol 133 (April) - In this issue: Relieving the Trustee-Solicitor: a modern perspective on Section 61 of the Trustee Act 1925 / "Sales" on retention of title terms: Is the English law analysis broken? / Private copying and harm to others - compensation versus remuneration / piercing the corporate veil: where is the reverse gear?

• Cambridge Law Journal Vol 76(1) - In this Issue: Public Law Adjudication in Common Law Systems: Process and Substance / Defences in Unjust Enrichment / Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation / Reason of State: Law, Prerogative and Empire

• Strata Legislation Handbook NSW 2016-17 with explanatory commentary / Alex Ilkin
• Archbold : criminal pleading evidence and practice 2017 / P J Richardson (ed)
• Principles of medical law / Judith Laing, Jean McHale, Ian Kennedy and Andrew Grubb (eds)
• Terrell on the law of patents / Colin Birss (ed) et al
• Corporate governance / John Farrar and Pamela Hanrahan

• Press freedom is under attack, while 'free speech champions' twiddle their thumbs Such is the nature of press freedom’s political battleground in Australia: lots of talk about freedom of speech in the midst of an actual legislated assault on press freedom.

• How many lawyers does it take to run a court case? Too many, says one Federal Court judge. In a scathing judgment in a bankruptcy case, Justice Steven Rares has taken aim at big law firms throwing a barrage of lawyers at cases and said "it is time that the profession recognised that costs should be kept to a minimum".

• Peter Hall QC to take top post in ICAC shake-up The NSW government has named a former Supreme Court judge to lead the state’s revamped anti-corruption watchdog.

• Outgoing human rights commissioner Gillian Triggs wins freedom of speech award Triggs named 2017 recipient of the Voltaire award as her five-year contract comes to an end