The Library Bulletin

Court merger plans anger violence experts from SBS News

Legal experts say a backlog in inquests is fuelling inaction on recommendations that should be saving Indigenous lives by Helen Davidson, Lorena Allam, Calla Wahlquist and Nick Evershed from The Guardian

Syd businesses launch light rail lawsuit from SBS News

Amendments to Australia’s IP legislation approved by Luke Dale, Ashley Holland and Niomi Abeywardena of HWL Ebsworth - examines the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth)

Employee's resignation not 'forced' by Charles Power and Lauren Drummond of Holding Redlich - considers Davidson v Qube Logistics Vic Pty Ltd T/A Qube Holdings [2018] FWC 4481

Full Federal Court speaks on competing class actions by Jenny Campbell and Gert-Jan Hendrix of Allens Linklaters - the Full Federal Court ordered the transfer of four shareholder class actions against AMP to the New South Wales Supreme Court

The future of privacy by Cheng Lim, Charles Davies, Lauren Murphy and Cal Samson of King and Wood Mallesons - considers privacy and data use and governance models for the future

Have home owners warranty insurers won a battle, but lost the war? by Frank Hicks of Greenway Chambers - considers The Owners Strata Plan No 66375 v King [2018] NSWCA 170

(Im)permanent impairment : the consequence of time by Chad Farah of McCabe Curwood - considers the decision in Ilic v 2/11 Leonard Ave Pty Ltd (in liquidation) [2018] NSWWCCPD 34

Law Report (ABC) for 28 August presented by Damien Carrick, includes Scrutiny over Peter Dutton eligibilty for parliament, Law Council calls for greater access to justice and The first Chinese-Australian barrister

New Child Support (Assessment) Act amendments permit administrative termination of binding child support agreements where care arrangements reverse or reduce by Paul Lewis of Gadens - examines amendments to the Child Support (Assessment) Act 1989 (Cth) which have simplified the way that binding child support agreements can be terminated in some circumstances

NSW Conveyancing Act a useful tool for creditors and insolvency practitioners by Jennifer Ball and Louisa Tan of Clayton Utz - examines s 37A of the Conveyancing Act 1919 (NSW) and the decision in Lardis v Lakis [2018] NSWCA 113

Oppression amongst ophthalmologists : Dr Leo Shanahan v Jatese Pty Ltd [2018] NSWSC 1088 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers oppressive conduct and the decision in Dr Leo Shanahan v Jatese Pty Ltd [2018] NSWSC 1088

Uncertainty as part of certainty : appreciating the limits of definitional clarity and embracing the uncertainty inherent in any matter of complexity - speech by Chief Justice Allsop AO at the Australian Academy of Science and Australian Academy of Law Joint Symposium, 23 August

We now have access to a vast range of ebooks from Lexis, Federation Press, CCH and Oxford University Press through an ebook platform, you can browse or search within the platform itself or click on the icon in a library catalogue record. Log in using the same username and password that you use to access the library catalogue.

The New South Wales Department of fair Trading have released an exposure draft Building and Construction Industry Security of Payment Amendment Bill 2018, submissions are invited by 18 September 2018, see details here.

The New South Wales Law Reform Commission has released a consultation paper on ​Access to digital assets upon death or incapacity, submissions are due by Friday the 12th of October 2018.

Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited (No 2) [2018] FCA 1286 - making of false or misleading representations

Budiyanto v KPI 6 Pty Ltd [2018] NSWSC 1313 - land law, "failure by purchaser to replace deposit bond within a certain time"

Faruqi v Latham [2018] FCA 1328 - defamation, "What does the martyrdom of Christians in the Roman Empire between the reign of the Emperor Nero Claudius Caesar Augustus Germanicus and Emperor Flavius Valerius Aurelius Constantinus Augustus have to do with a defamation action commenced in Australia in 2017?"

Friend v Reavill Farm Pty Ltd [2018] NSWSC 1321 - land law, mortgages, possession of land

Australian corporate lawyer, Volume 28(3), Spring 2018 - in this issue : A day in the life, Kit Wilson, Deputy General Counsel, Hong Kong and Shanghai Banking Corporation / E-commerce in China and Australia - challenges for in-house counsel Alistair Grant / 2018 International Arbitration Survey : the evolution of international arbitration Max Bonnell, Stuart Blaxell and Marina Kofman / Copyright here and across borders - tips for Australian in-house lawyers Jacqueline Plunkett / The issues of working on cross-border transactions and disputes Janine Thompson and Cathy Zhao / Conducting litigation efficiently and cost-effectively - tips from seasoned litigators Nick Galloway, Matthew Kennedy and Kate Hurford / Managing a regional and dispersed legal workforce in Asia Graham Wladimiroff / Tailor your international arbitration agreement to reduce time, control costs, and reach desirable outcomes Kim Taylor and John W Hinchey / Moving beyond relationships for smarter, more strategic engagement decisions Sacha Kirk / Leading high-performing project teams in cross-border environments Peter Dombkins and Anu Briggs / Expanding cross-border roles of legal teams in emerging Southeast Asian markets Najla Zamri, Athistha (Nop) Chitranukroh and Jenny Karlsson / Is the general counsel the moral guardian of the company? Margaret Gillespie and Nick Galloway

Australian law journal, Volume 92(6), June 2018 - in this issue : Current issues Justice Francois Kunc (ed) - Legal fictions and personal responsibility, Penalties for corporate misconduct, ALRC inquiry into indigenous incarceration rates, Living on in cyberspace, A new look for the contemporaneous file note, Open Courts Act review in Victoria, Victorian Aboriginal treaty Bill, Inquiry into class action proceedings and third-party litigation funders Hon Justice S C Derrington / Conveyancing and property - Reform in elder law - granny flats Patricia Lane / Around the nation : Tasmania - A tale of two courts Justice Stephen Estcourt AM / Around the nation : Western Australia - Defamation trial sequel to a murder trial : Rayney v western Australia (No 9) [2017] WASC 367 Justice Kenneth Martin / Personalia Emily Vale (ed) - Justice Katrina Banks-Smith, Justice Craig Colvin, Justice Simon Steward, Justice Peter McClellan AM / Recent cases Ruth C A Higgins SC (ed) - Practice and procedure - stay of proceedings - application for leave to file and serve amended statement of claim - refused with costs taxed immediately - costs unpaid because appellant impecunious - Rozenbilt v Vainer [2018] HCA 23 Ruth C A Higgins SC, Defamation - contextual truth defence - whether defendants may plead back a plaintiff's substantially true imputations - Defamation Act 2005 (NSW) s 26 - Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77 Michael Douglas, United Kingdom - supreme court - contract law - licence of premises - no oral modification clause - whether effective - MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24 R D Turnbull / Extending the life of a discretionary trust Michael Flynn QC / Unseen networks : the legal professions' involvement i the Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Mark Lunney / Can there ever be affordable family law? Patrick Parkinson and Brian Knox / Obituary - Patrick Brazil AO KLJ T A Sherman and D A Hassall / Reports - Burns v Corbett; Burns v Gaynor; Attorney General (NSW) v Burns; New South Wales v Burns [2018] HCA 15, Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16, R v Gallagher [2018] HCA 17, Collins v The Queen [2018] HCA 18

Law Society journal, Issue 48, September 2018 - in this issue : Six minutes with Keerthi Ravi, Associate, Disputes and Investigations Team, Allens / Independent review calls for $15.6 million extra funding for CLCs / Global survey to expose bullying and sexual harassment in law / Why NSW needs a specialist coroners court Hugh Dillon / Saving and securing access to justice : a plan for community legal centres Mark Speakman / One too many Kate Allman / Everyone's a player Dominic Rolfe / Reframing her narrative Melissa Coade / Why misstakes [sic] make us Ray Steinwall / A day in the life of Jahan Kalantar, Partner, Executive Legal Melissa Coade / Putting the boot in Dominic Rolfe / Oh baby! Melissa Coade / Spin your wheels for great legs Azal Khan / The case that changed me Anna Coady / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Commonwealth redress scheme for institutional child sexual abuse : direct personal responses Steve Lancken and Robyn Bailey / Righting the relic : towards effective protections for criminal record discrimination Rosalind Croucher / The limitations for a modern day bag search Jack de Flamingh and Phillip Magness / Limitation periods in equity - taking an analogous approach Elissa Baxter and Alex Haslam / Taking security for legal costs : lessons from Malouf v Constantinou Michelle Castle and Andrew Bailey / Regulators' investigatory powers and the Harman obligation not to disclose Michael Legg and Stephen Speirs / Singapore Convention 2018 reshaping alternate dispute resolution and enforcement Craig Carter / Avoiding contempt of court for breach of freezing orders : it's a matter of trust Angus Macinnis / Financial abuse and forfeiture Ruth Pollard and Darryl Browne / The 'poster boy' plaintiff and contumacious, contumelious, criminal and civil contempt Talitha Fishburn / The tricky business of amending trust deeds Jim Main / The latest from the Federal Court Dan Star QC / Criminal law Thomas Spohr / Family law Robert Glade-Wright / Wills and estates Darryl Browne

Family law reports, Volume 57(4), 16 August 2018 - in this issue : Department of Family and Community Services v Magoulas / Rizeq v Western Australia / Zagoreos v Zagoreos

Federal Court reports, Volume 255(2), August 2018 - in this issue : Coshott v Prentice / Mercer Superannuation (Australia) Ltd v Billinghurst / Rowley v Chief of Army / Rrumburriya Borroloola Claim Group v Northern Territory / Singh v Minister for Immigration and Border Protection / SZMTA v Minister for Immigration and Border Protection

Tasmanian reports, Volume 25(4), August 2018 - in this issue : Burrage v Rural Press Ltd / Director of Public Prosecutions (Acting) v CBF / R v Kotynia-English / Stebbins v Tasmania / Tasmanian Perpetual Trustees Ltd v Attorney-General

Western Australian reports, Volume 52(5), August 2018 - in this issue : GLS v Russell-Weisz / Scaffidi v Chief Executive Officer, Department of Local Government and Communities

The international law on foreign investment (2nd ed)

The law of judicial precedent

Are your casual employees actually casuals? by Ben Marshall and Hannah Pelka-Caven of Holding Redlich - considers WorkPac Pty Ltd v Skene [2018] FCAFC 131

Consumer law penalties increase dramatically by Richard Westmoreland of HWL Ebsworth - note the passing of the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Cth) and the increase in consumer law penalties

Imperfect does not always equate to negligent : the Court of Appeal further refines the parameters of ‘reasonable’ inspections by Lia Sparks of McCabe Curwood - considers Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176

Law Report (ABC) for 21 August presented by Damien Carrick - Electronic monitoring in the criminal justice system

An update on the new GST withholding regime for the sale of residential premises by Ian Miller and Tim Story of Hunt and Hunt - examines the Treasury Laws Amendment (2018 Measures No 1) Act 2018 (Cth)

When a solicitor’s oversight constitutes an “exceptional circumstance” by Andrew Gorman of McCabe Curwood - considers Alam v Allianz Australia Insurance Limited [2018] NSWSC 1214

AWU v AstraZeneca Pty Ltd [2018] FWC 4660 - sick leave for shift workers

Environment Protection Authority v Edward Gilder [2018] NSWLEC 119 - environment offence, executive liability, place used as a waste facility without lawful authority contrary to s 144(1) of the Protection of the Environment Operations Act 1997 (NSW)

EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 - industrial law, accessorial liability

Georges River Council v Stojanovski [2018] NSWLEC 125 - development without the appropriate consent

Jannell Storr v Industrial Relations Secretary on behalf of the Secretary, Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1049 - application for relief from victimisation

R v Walsh [2018] NSWSC 1299 - murder, prisoner killed cellmate during lock-down, forth murder, whether the maximum penalty should be imposed

Reckitt Benckiser (Australia) Pty Ltd v GlaxoSmithKline Australia Pty Ltd [2018] FCAFC 138 - consumer law, comparative advertising, pain relief

Transport for NSW v Waters [2018] NSWCATAP 200 - access to government information, Waters alleged that Transport for NSW had collected his travel data (via his Gold Opal Card) for an unlawful purpose

The New South Wales Law Reform Commission report Laws relating to beneficiaries of trusts (Report 144) is available on their website in .pdf, please see here

Brief, Volume 45(7), August 2018 - in this issue : Interview with the Hon Wayne Martin AC, QC, 13th Chief Justice of Western Australia / Farewell to the Honourable Chief Justice Wayne Martin AC / Toast to the High Court of Australia Simon Freitag SC / Response to Simon Freitag SC's Toast to the High Court of Australia The Hon Justice James Edelman / EU General Data Protection Regulation : what you need to know Daniel Coster / Interview with Melissa Paterniti, the Law Society's Law Graduate Programme / Interview with the Hon Malcolm McCusker AC CVO QC, New Chairman of Law Access / Third party funding in the resources sector : what you need to know Nathan Landis

Commonwealth law reports, Volume 260(4), August 2018 - in this issue : Bell Group NV (in liq) v Western Australia / Jakaj v Director of Public Prosecutions (SA) / Maranoa Transport Pty Ltd (in liq) v Western Australia / NH v Director of Public Prosecutions (SA) / Perara-Cathcart v The Queen / R v Holliday / Stakaj v Director of Public Prosecutions (SA) / WA Glendinning and Associates Pty Ltd v Western Australia / Zefi v Director of Public Prosecutions (SA)

District Court law reports (NSW), Volume 26(1), August 2018 - in this issue : Foster Carer, A v Department of Family and Community Services / Fromberg v The Queen / Gerasimov v Allianz Australia Life Insurance Ltd / Gerasimov v Onepath Life Ltd / Gerasimov v Suncorp Life and Superannuation Ltd / Prime marble and Granite Pty Ltd v Mehajer / R v Mok / Rydstrand v Ganjekar / Starr v Insurance Australia Ltd

South Australian state reports, Volume 130(2), August 2018 - in this issue : Attorney-General (SA) v Jeffery / Chadwick v Police / Education and Child Development, Minister for v M / R v Bayraktar / R v Soyler / R v Yavuz / Rogers v Police / South Australia v Roberts

State reports (Western Australia), Volume 94(6), August 2018 - in this issue : Bennett v western Australian Planning Commission / Polaris Properties (WA) Pty Ltd v Pickworth / Prosser v City of Bunbury / Raphael House Pty Ltd v Commissioner of Consumer Protection

The government has introduced the Federal Circuit and Family Court of Australia Bill 2018 (CTh), the Bill combines the two courts. The Bill and explanatory memorandum can be found on the Bill homepage.

Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 - in Legislative Council awaiting second reading debate, 15 August, debate adjourned 5 calendar days

Companion Animals and Other Legislation Amendment Act 2018 - published on legislation website 17 August, Schedule 1 [1]–[5], [7], [8], [10], [14], [15], [17] and [19]–[22] will commence 31 August 2018, the remainder will commence 1 July 2019

Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August

Emergency Services Legislation Amendment Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018 - notice of motion in Legislative Assembly, 16 August

Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018 - passed by both houses, awaiting assent, 14 August

Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill 2018 - passed by both houses, awaiting assent, 15 August

Paintball Bill 2018 - passed by both houses, awaiting assent, 15 August

Protection of the Environment Operations Amendment (Marine Plastics Reduction) Bill 2018 - notice of motion withdrawn, 14 August

Residential Tenancies Amendment (Social Housing) Bill 2018 - passed by both houses, awaiting assent, 15 August

Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018 - in Legislative Council awaiting second reading debate, 15 August

RSL NSW Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Unexplained Wealth (Commonwealth Powers) Bill 2018 - passed by both houses, awaiting assent, 14 August

Waste Avoidance and Resource Recovery Amendment (Marine Plastics Reduction) Bill 2018 - in Legislative Council, second reading debate adjourned, 16 August

Australia introduces domestic violence leave by Erin Kidd of McCabe Curwood - effective 1 August 2018 the Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards

Determining a defendant's capacity to pay in work health and safety sentencing by Carmel Lee of Greenway Chambers - provides guidance on determination of the capacity of a defendant to pay

Developers, love thy neighbour – accessing neighbouring land to undertake development by Scott Alden, Tony Britt and Christopher Yong of Holding Redlich - examines accessing neighbouring land

Law Report (ABC) for 14 August presented by Damien Carrick - Hiring and firing by an automated system, also see A robot didn't take Ibrahim's job, but it did fire him by Monique Ross and Damien Carrick for ABC's The Law Report

Non-conviction orders for drink driving by Andrew Fraser or Armstrong Legal - examines non-conviction orders for drink driving in NSW and the ACT

Public health law and health leadership in the United States : what can Australia learn? - speakers : Adjunct Professor Alexandra Phelan, Professor Roger Magnusson, Professor Lawrence Gostin and Professor Simon Jackman (Chair) from University of Sydney Law School

Teacher reinstated after flawed student allergy dismissal by Steven Penning, Laura Gavan and Jessica Lim of HWL Ebsworth - examines Catherine Kelly v The Hills Christian Community School Inc T/A The Hills Christian Community School [2018] FWC 4134

There's no time like the present - Australian government introduces national gift card reforms by Anne-Marie Allgrove, Jonathan L Flintoff and Stephen Watts of Baker and McKenzie - the Australian Government has released the draft Competition and Consumer Amendment (Gift Cards) Bill 2018 for public consultation

What could impact the next chapter of workplace relations in Australia? by Geoff Giudice of Ashurst - considers key factors which may indicate what will happen in Australian workplace relations

Why the long face? – factors affecting the enforceability of verbal contracts by Tim Case, Gabriella Ritchie and Alan Wrigley of McCullough Robertson - examines Blue v Ashley [2017] EWHC 1928 (Comm)

AIAL forum, Issue 92, July 2018 - in this issue : Recent developments Katherine Cook / Hiding the boats : Australia's classification of information relating to smuggled persons Samuel C White / Roles in protective management of person and property The Hon Justice Geoff Lindsay / Integrity : the keystone to good tax administration Michael D'Ascenzo AO / Fitness and propriety, spent convictions and technology : lessons from ASIC investigations Nathalie Ng and James Regan / Expulsion : a comparative study of Australia and France Dr Chantal Bostock / ADJR at 40 : in its prime or a disappointment to its parents? Greg Weeks / Case note : Legal Practitioner P1 v ACT Civil and Administrative Tribunal Kristy Katavic

Health Star Ratings being gamed by the food industry, according to a new report by Maya Kay of The George Institute for Global Health

NSW body modifier faces court over death from SBS News

The Office of the Australian Information Commissioner has released its Notifiable Data Breaches Quarterly Statistics Report: 1 April – 30 June 2018, the report notes that the majority of breaches involved ‘contact information’, such as an individual’s home or email address or phone number.

The Department of Home Affairs has released an exposure draft Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018. If enacted, the change would give intelligence agencies and the police the ability to ask companies for voluntary assistance with lifting encryption, facilitating access to devices, or concealing that agencies have undertaken a covert operation. Feedback and comments are welcomed, the deadline for submissions is 10 September 2018, see details here.

CEU v University of Technology, Sydney [2018] NSWCATAD 185 - legal test to be applied when appointing a guardian

HFM043 v The Republic of Nauru [2018] HCA 37 - migration, refugees

Hossain v Minister for Immigration and Border Protection & Anor [2018] HCA 34 - migration, partner visa

Kimathi and others v the Foreign and Commonwealth Office [2018] EWHC 2066 (QB) - first test case as part of second wave of Mau Mau group litigation

Nobarani v Mariconte [2018] HCA 36 - practice and procedure, succession, "denial of procedural fairness"

Shrestha v Minister for Immigration and Border Protection & Anor; Ghimire v Minister for Immigration and Border Protection & Anor; Acharya v Minister for Immigration and Border Protection & Anor [2018] HCA 35 - migration, student visa, "another course of study"

Federal Court reports, Volume 254(4), August 2018 - in this issue : AIB16 v Minister for Immigration and Border Protection / Beaman v Bond / Immigration and Border Protection, Minister for v AMA16 / Immigration and Border Protection, Minister for v Nguyen / Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (in liq)

Federal Court reports, Volume 255(1), August 2018 - in this issue : Frugtniet v Australian Securities and Investments Commission / He v Minister for Immigration and Border Protection / Hocking v Director-General of National Archives of Australia / Muggeridge v Minister for Immigration and Border Protection / Wing v Fairfax Media Publications Pty Ltd

Bender's Australian stamp duties : the definitive guide to Australian stamp duties law / Philip Bender

CGT small business reliefs : the comprehensive practitioner's handbook (8th ed) / John Gaal

Commonwealth criminal law (2nd ed) / Troy Anderson

The construction and performance of commercial contracts (2nd ed) / S A Christensen and W D Duncan

Division 7A Handbook : the practitioner's guide to the division 7A rules (8th ed) / John W Gaal

Trust structures guide (11th ed) / Sladen Legal

Beyond line of sight : CASA releases review into Australia’s drone rules by Alex Hutchens, Matthew McMillan and Belinda Breakspear of McCullough Robertson - examines drone rules

Caveats, lapsing notices and extensions by Joshua Knackstredt of Greenway Chambers - examines caveats

Defamation development : comments on social media increase the scope of potential liability by Dan Pearce of Holding Redlich - considers Johnston v Aldridge [2018] SADC 68

Establishing a right to privacy in Australia : what would it look like, and how would it work? by Richard Leder and Sanjay Schrapel of Corrs Chambers Westgarth - contends that the UK decision in Richard v British Broadcasting Corporation [2018] EWHC 1837(Ch) indicates that recognising a tort of privacy in Australia could potentially have troubling consequences

Gone phishing : cyber intrusions, email scams and notifiable data breaches by Andrew Miers, Jason Symons and Julian Amato of HWL Ebsworth - examines malicous cyber intrusions

Harry Kane fiver : is it legal to draw on money? from BBC News - considers a five pound note engraved with the head of footballer Harry Kane and whether it is illegal to deface banknotes by printing, writing or adding words, letters or figures

Law Report (ABC) for 7 August presented by Damien Carrick - includes Workers compensation for psychiatric injuries in South Australia and Performance artists, the ultimate gig economy workers

Mental health and criminal charges : variation in diversion pathways in Australia by Fiona Davidson, Edward Heffernan, David Greenberg, Rhondda Waterworth and Philip Burgess (see article for affiliations)

Mobile phone offences by Trudie Cameron of Armstrong Legal - examines mobile phone offences and the increase in demerit points that will come into effect in September

The perils of unsigned contracts of employment and of rushing to court by Chris Quinn of Littleton Chambers (UK) - considers Tenon FM Limited v Cawley 2018 EWHC 1972 (QB)