The Library Bulletin

Casino Control Amendment Act 2018 - 21 December 2018 proclaimed as the day on which Schedule 1 [1], [13], [16]–[19], [24], [25], [29], [34], [40], [43], [44], [49] and [52]–[55] to the Act commence

Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 - 1 January 2019 proclaimed as the day on which Schedule 1 [4] (to the extent that it inserts Division 4 of Part 1B) to the Act commences

Crimes Legislation Amendment Act 2018 - 14 January 2019 proclaimed as the day on which Schedule 2 (except Schedule 2 [2]) to the Act commences

Government Telecommunications Act 2018 - 17 December 2018 proclaimed as the day on which the Act (except section 16 and Part 3 of Schedule 1) commences

Local Government Amendment (Governance and Planning) Act 2016 - 14 December 2018 proclaimed as the day on which Schedule 1 [18], [25], [26], [28]–[30], [50]–[74], [78], [79], [86], [87], [90] and [91] to the Act commence

Mental Health (Forensic Provisions) Amendment (Victims) Act 2018 - 7 January 2019 proclaimed as the day on which the following provisions commence : (i) Schedule 1 [1], to the extent that it inserts the definitions of Commissioner of Victims Rights, registered victim and Victims Register, (ii) Schedule 1 [14] (except to the extent it inserts the heading to Part 5A and section 76L), (iii) Schedule 4, and 4 February 2019 as the day on which Schedule 1 [8] and [10] commence

Victims Rights and Support Amendment (Motor Vehicles) Act 2018 - 14 January 2019 proclaimed as the day on which the Act commences

Victims Rights and Support Amendment (Statutory Review) Act 2018 - 14 January 2019 proclaimed as the day on which the uncommenced provisions of the Act commence

Workers Compensation Legislation Amendment Act 2018 - 1 January 2019 as the day on which the following provisions of the Act commence : (a) Schedule 1.1, 1.2 and 1.3 [5]–[8], (b) Schedule 2, (c) Schedule 4 [1] and [2] (to the extent that it inserts section 40D into the Workplace Injury Management and Workers Compensation Act 1998), (d) Schedule 7.2 and 7.3

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The 2018 amendments to the Security of Payments Act 1999 by Adele Carr, Frank Hicks SC and Declan Byrne of Greenway Chambers - examines the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW)

ACCC seeks to curb digital platform market power, Facebook hits back by Ayman Guirguis and David Howarth of K&L Gates - examines the Digital platforms inquiry

Australian whistleblower reforms - the current state of play by Rani John and Tim Hardwick of DLA Piper - examines the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 (Cth)

Death of a funeral planning business : Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - examines Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited [2018] HCA 43

Klooger v Foodora : FWC delivers decision on employee versus contractor by Erin Kidd of McCabe Curwood - examines Joshua Klooger v Foodora Australia Pty Ltd [2018] FWC 6836

Managing the Airbnb effect by Nick Sparks and Georgia Adams of Maddocks - examines Owners Corporation PS 501391P v Balcombe [2016] VSC 384

Suppression orders in Australia : why you can't read what you may want to by Naaman Zhou of The Guardian - examines suppression orders

DeBattista v Minister for Planning and Environment [2018] NSWLEC 202 - judicial review, apprehended bias

Fede v Gray by his tutor New South Wales Trustee and Guardian [2018] NSWCA 316 - damages, "intent to cause injury", injury caused by defendant biting officer’s leg while being restrained

Quinn v R [2018] NSWCCA 297 - criminal law, murder, sentence appeal

Re Estate Miruzzi, deceased [2018] NSWSC 1899 - succession, "dispute about intention to revoke will"

Solicitors Regulation Authority v Bina Maistry, Solicitors Disciplinary Tribunal (UK), Case No.: 11721/2018 - solicitor-advocate struck off for misleading a judge that she was a barrister and solicitors on the other side who questioned her behaviour

Williamson v Elders Rural Services Australia Limited (No. 2) [2018] NSWSC 1986 - tort, fraudulent representation

Australian bar review, Volume 46(3), December 2018 - in this issue : Truth and justice, and sheep Stephen Gageler / London arbitration after Brexit The Hon James Spigelman AC QC / The consequences of rebutting a presumption of advancement J C Campbell QC / Anti-suit injunctions in Australia in aid of an arbitration agreement Lee Carroll / Litigation preclusion : to what extent could (or should) a litigant be barred by prior litigation to which it was not a party? James O'Hara / Privacy in Australia from Federation to framework - will the notifiable data breach regime breathe new life? Nigel Wilson / Damages for breaches of discrimination law - the contemporary Australian jurisprudence and practice Kenneth Yin

Psychiatry, psychology and law, Volume 25(5), October 2018 - in this issue : 'Recognisable psychiatric injury' and tortious compensability for pure mental harm claims in negligence Ian Freckelton and Tina Popa / Judicial sentencing considerations in cases of violent offenders versus sexual offenders Dr Ninawa Butrus / Comparing time off work after work-related mental health conditions across Australian workers' compensation systems : a retrospective cohort study Shannon E Gray and Alex Collie / The effect of expert witness testimony and complainant cognitive statements on mock jurors' perceptions of rape trial testimony Nathan Ryan and Nina Westera / Disorder in the court : Cluster B personality disorders in United States case law Catherine Young, Janice Habarth, Bruce Bongar and Wendy Packman / Saving damsels, sentencing deviants and selective chivalry decisions : juror decision-making in an ambiguous assault case Lauren T Meaux, Jennifer Cox and Megan R Kopkin / 'I am not drunk, I have an ABI' : findings from a qualitative study into systematic challenges in responding to people with acquired brain injuries in the justice system Gaye Lansdell, Bernadette Saunders, Anna Eriksson, Rebecca Bunn and Susan Baidawi / Agre-related differences in spontaneous trait judgments from facial appearance Harriet L Smailes, Joyce E Humphries, Hannah Ryder, Thimna Klatt, John Maltby, Alice M Pearmain and Heather D Flowe / A re-examination of the acquittal biasing effect of offence seriousness Samantha Lundrigan, Madeep K Dhami and Katrin Mueller-Johnson / Factors to consider in evaluating the appropriateness of restraints during forensic evaluations Rachel C Rock, Clayton Shealy and Martin Sellbom / Children who are coached to lie : does linguistic analysis help in understanding why these children are so believable? Kelly L Warren, Carole Peterson and Cassy C Gillingham

Australian Capital Territory law reports, Volume 13(2), December 2018 - in this issue : Codmah Pty Ltd v Rice / R v Will

New South Wales law reports, Volume 96(5), December 2018 - in this issue : Hunter Quarries Ltd v Morrison; Badior v Morrison / Huang v R / Parente v R / Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary

Western Australian reports, Volume 53(3), December 2018 - in this issue : Duro Felguera Australia Pty Ltd v Trans Global Projects Pty Ltd (in liq) / Forrest and Forrest Pty Ltd v The Honourable William Richard Marmion, Minister for Mines and Petroleum

Western Australian reports, Volume 53(4), December 2018 - in this issue : Valerio v Western Australia (No 2) / White v ACN 153 152 731 Pty Ltd (in liq)

Do states have the right to exclude immigrants? / Christopher Bertram

The Oxford handbook of legal history / Markus D Dubber and Christopher Tomlins (eds)

Principles of remedies (7th ed) / Wayne Covell and Keith Lupton

Automatism as a defence in criminal law / John Rumbold

Criminal copyright / Eldar Haber

Equity and trusts in Australia (7th ed) / G E Dal Pont

Paget's law of banking / Fifteenth edition by John Odgers (ed)

Stern justice : the forgotten story of Australia, Japan and the Pacific War Crimes Trials / Adam Wakeling

ACCC preliminary report on Google and Facebook could lead to major privacy law changes by David Smith of Gadens - examines the preliminary report from the ACCC Digital platforms inquiry

Australia's new decryption legislation : what does it mean for you? by Philip Catania and Robert Ceglia of Corrs Chambers Westgarth - examines the impact of the Telecommunications and Other Amendments (Assistance and Access) Bill 2018 (Cth)

Expanding the moral circle to nonhuman animals by Dr Joe Wills on UK Human Rights Blog - examines animal rights

Law Report (ABC) for 11 December presented by Damien Carrick - Man acquitted of murder feels responsible for death

Pacific National Pty Ltd v Baldacchino : Court of Appeal gives worker a leg up by Brad Quillan and John Fennel of HWL Ebsworth - examines Pacific National Pty Ltd v Baldacchino [2018] NSWCA 281

Australian Building and Construction Commissioner v McDermott (No 2) [2018] FCA 1611 - industrial law, alleged contraventions of s 348 and s 500 of the Fair Work Act 2009 (Cth) by union officials, objective meaning of treat by officials “shut down” a construction site

Australian Securities & Investments Commission v Lewski & Anor; Australian Securities & Investments Commission v Wooldridge & Anor; Australian Securities & Investments Commission v Butler & Anor; Australian Securities & Investments Commission v Jaques & Anor; Australian Securities & Investments Commission v Clarke & Anor [2018] HCA 63 - managed investment schemes

Chief Executive, Office of Environment and Heritage v Douglas Brian Reitano [2018] NSWLEC 198 - environmental offence, s 156A(1)(b) of the National Parks and Wildlife Act 1974 (NSW)

Commissioner of Taxation for the Commonwealth of Australia v Tomaras & Ors [2018] HCA 62 - family law, matrimonial cause

Webber v Comcare [2018] NSWDDT 10 - choice of law

Commonwealth law reports, Volume 262(1), December 2018 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union / Australian Federal Police, Commissioner of v Hart / Commonwealth, The v Flying Fighters Pty Ltd / Commonwealth, The v Yak 3 Investments Pty Ltd / Rizeq v Western Australia

District Court law reports (NSW), Volume 26(4), December 2018 - in this issue : Byrne v Hamilton / Five Star Medical Centre Pty Ltd v Kempsey Shire Council / Mistring Pty Ltd v Certain Underwriters at Lloyd / R v Nabalarua / R v Pambris (No 2) / R v Quinlan / SafeWork NSW v Cosentino Australia Pty Ltd

Federal Court reports, Volume 257(3), December 2018 - in this issue : CVK v Minister for Immigration and Border Protection / Rinehart v Rinehart (No 3)

Federal Court reports, Volume 257(4), December 2018 - in this issue : Bailey v Broadsword Marine Contractors Pty Ltd / Hancock Prospecting Pty Ltd v Rinehart

Federal Court reports, Volume 258(1), December 2018 - in this issue : Australian Olympic Committee Inc v Telstra Corporation Ltd / Comcare v Starkey / Guo v Commonwealth / Maharjan v Minister for Immigration and Border Protection / Wozniak v Minister for Immigration and Border Protection

South Australian state reports, Volume 131(2), December 2018 - in this issue : Heirloom Vineyards Wine Co Pty Ltd v Sante Wines Pty Ltd / Police v Hanton / R v Hayles / R v Rendell / R v Wood

Australian corporate lawyer, Volume 28(4), Summer 2018 - in this issue : A day in the life, Rembert Meyer-Rochow, Director and Senior Corporate Counsel, Autodesk / The opportunity for legal innovation : why the general counsel is first among equals Justin Moses / State of the Australian legaltech market for general counsels Eric Chin / Changes in the legal market via disruptive technologies Darren Hopkins and Brendan Payne / Digitalisation, technology and innovation are changing in-house legal teams Johanna O'Rourke and Sophie Lees / Developments in litigation technology : early sleuthing and scoping Seth Eichenholtz, Tim Donovan and Anne Kershaw / Technology and transport : moving you in(to) the future Kara McGowan and Emily Jordan-Baird / The blockchain : hype or revolution? Matthew Southwell / six steps to overcome resistance to technology change Shauna Maguire / Tighter hiring leaves legal departments seeking revolutionary solutions Jodie Baker

Amended security of payment laws passed in NSW – overcoming the ‘Southern Han effect’ and more by Mathew Stulic of Maddocks - examines the changes made by the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW) which have the effect of overcoming the decision in Southern Han Breakfast Point (in liq) v Lewence Construction [2016] HCA 52

How should clinicians and hospitals respond to the existing legally uncertain approach to 'competent professional practice'? by Richard J. A. Sergi of Greenway Chambers - considers s 5O the Civil Liability Act 2002 (NSW)

Keynote speech by Lord Sumption at the Annual Bar and Young Bar Conference 2018, London - considers changes to the Bar

Major changes to drink driving offences by Trudie Cameron of Armstrong Legal - examines changes to drink driving offences in NSW which came into effect 1 December 2018 or will come into effect 20 May 2019, amendments to legislation were made by the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018

The ongoing ambiguity in interpreting a contract : what is admissible? by Anderw Lacey of McCabe Curwood - examines contractual interpretation

Preserving judicial independence in an age of populism by Lord Hodge at the North Strathclyde Sheriffdom Conference, Paisley - examines judicial independence

The rule of law is not a law of rules - speech by Chief Justice Allsop AO at the Annual Quayside Oration, Perth - "the Rule of Law is a state of affairs and an attitude of mind, as much as, if not more than, it is an abstracted principle or body of rules"

The NSW Department of Planning and Environment is seeking feedback on proposed changes to the affordable housing scheme, State Environmental Planning Policy No. 70 – Affordable Housing (Revised Schemes).

The deadline for online submissions is 19 December 2018, see here.

Cross and Tapper on evidence / Thirteenth edition by Roderick Munday

Gringras : the laws of the internet (5th ed) / Paul Lambert

Handbook of ICC arbitration : commentary and materials (4th ed) / Thomas H Webster and Michael W Buhler

Injunctions (13th ed) / David Bean, Isabel Parry and Andrew Burns

International licensing agreements : IP, technology transfer and competition law / Michala Meiselles and Hugo Wharton

Mediation advocacy : representing and advising clients in mediation (2nd ed) / Stephen Walker

Remedies for breach of privacy / Jason N E Varuhas and N A Moreham (eds)

The public international law of trade in legal services / David Collins

The right to employee inventions in patent law : debunking the myth of incentive theory / Kazuhide Odaki

The trial of the Kaiser / William A Schabas

A user's guide to data protection : law and policy (3rd ed) / Paul Lambert

Law Institute journal, Volume 92(12), December 2018 - in this issue : New (year) law : adapting to disruption Karin Derkley / High stress low productivity Karin Derkley / New law to simplify legal process Matthew Hicks / Lessons for the future Dr Liz Curran / How to nurture the leaders of tomorrow Dr Michael McNamara / Obituary - Simon Begg Frank D O'Loughlin / Who can they tell? Philip Hill / Out in the open Carly Schrever / Wisely, or not at all Anna Kelly / Unfortunate anomalies Mick Batskos / Is it reasonable? David Joseph / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Acting against former clients : loyalty v confidentiality Gino Dal Pont / A good precedent Legal Practitioners' Liability Committee / Supporting victims of crime VLRC / GST withholding Russell Cocks / How to strike the right balance Jonathan Kaplan / Jump in and enjoy the rewards Tamsin Webster / Costs in common law damages Michael King / Personas : a design thinking tool for firms Judith Bennett / No penalties for slavery Vanessa Shambrook and Anika Baset / How to build your client base John Castello / Bendigo honours local magistrate Carolyn Ford / The wellness pyramid Phoebe Blank and Claire Walczak / Drawing on experience Carolyn Ford

LSJ (Law Society journal), Issue 51, December 2018 - in this issue : Six minutes with Peter Payne, solicitor and conveyancer / Doctor says poor mental health 'worse than smoking' / Facing-off with a social media giant Melissa Coade / #TIMESUP for the legal profession Kate Allman / A tinge of green in Cambodia Claire Chaffey / A matter of trust Melissa Coade / Why inspiration is critical for today's leader Peter Agnew / A day in the life of... Carolyn Jones, Senior Solicitor, Women's Legal Service NSW / Eyes on the ball Melissa Coade / Brain food 101 Joanna McMillan / If you booze, how much do you lose? Kate Allman / The case that changed me Judge Roger Dive / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Whistleblowing : is it worth the risk under Australian law? Grant Hansen / Reflecting on a costly year : key themes and future predictions Michelle Castle and Anderw Bailey / Managing our scarce water resources : recent developments in the Murray- Darling Basin Dr Emma Carmody / First judicial consideration of family law property arbitration reforms Matthew Shepherd / Under pressure : the relationship between risk and stress Candice Perriman / Limited scope services : lessons from the Legal Assistance Sector John Corker / Government prevails over Desane in westConnex appeal Kye Tran-Tsai and Benjamin Adams / How cyber resilient is your law practice? Simone Herbert-Lowe / Total and permanent disability claims : NSWSC confirms insurers' responsibilities Jeremy Harrison / Accounting for the 'wholesale plundering' of a business Kate Boyd / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Criminal law Thomas Spohr / Family law Robert Glade-Wright / Wills and estates Darryl Browne

Proctor, Volume 38(11), December 2018 - in this issue : The value of solicitors Ken Taylor / Positive action Rolf Moses / How we work for good law Vanessa Krulin and Pip Harvey Ross / 'Casual' by name or nature? Giri Sivaraman and Paloma Cole / Reforms offer a new beginning for children Keryn Ruska / Keep it real : ending entrenchment Bevan Hughes / Applications for disclosure in the state courts Kylie Downes QC / Can I cross-examine a former client? Stafford Shepherd / You are not God Christine Smyth and Shane Budden / Token offers : A career opportunity? Daniel Owen / 'No jurisdiction' to vary date of application Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / A closer look at profitability Graeme McFadyen / Litigation for laughs Peter Heazlewood / Basic entitlements - annual leave Robert Stevenson

University of New South Wales law journal, 41(4), 2018 - in this issue : The High Court constitutional challenges to criminal law and procedure legislation in Australia Luke McNamara and Julia Quilter / Contextualism : 'the modern approach to statutory interpretation' Jeffrey Barnes / Judge v Robot? Artificial intelligence and judicial decision-making Tania Sourdin / The High Court on constitutional law : the 2017 statistics Andrew Lynch and George Williams / Monetary awards for public law wrongs : Australia's resistant legal landscape Ellen Rock and Greg Weeks / Reconceptualising current issues in the law and practice of consent determination under the Native Title Act 1993 (Cth) Aaron Moss / Small defamation claims in small claims jurisdictions : worth considering for the sake of proportionality? Kim Gould / Restraining 'extraneous' prejudicial publicity : Victoria and New South Wales compared Jason Bosland / What are the duties of constructive trustees? Daniel Reynolds / Director appointments : expressing board care and diligence Thea Voogt and Marie-Louise Verreynne / Informing the euthanasia debate : perceptions of Australian politicians Andrew McGee, Kelly Purser, Christopher Stackpoole, Ben White, Lindy Willmott and Juliet Davis / Is the classification of animals as property consistent with modern community attitudes? Geta Shyam

University of Queensland law journal, Volume 37(2), 2018 - in this issue : Does political criticism of judges damage judicial independence? Judicial power project policy exchange J D Heydon / Reflections on the executive power of the Commonwealth : recent developments, interpretational methodology and constitutional symmetry Peter Gerangelos / why were Aborigines originally excluded from the races power? Greg Taylor / Prescriptive fiduciary duties Lionel Smith / Commentary on Professor Lionel D Smith's paper, 'Prescriptive fiduciary duties' Roger Derrington / Archetypes of age and romance : unconscionable conduct and the High Court in Thorne v Kennedy Dilan Thampapillai / Australian Legal Philosophy Students' Association's essay competition winner : Waldron and Dworkin on legitimacy, rights and process Freeman Zhong

Family law reports, Volume 58(6), November 2018 - in this issue : Loxley v Loxley / Nguyen v Corbett (No 2) / Piccolo v Piccolo / Shaw v Lamb

New South Wales law reports, Volume 96(4), November 2018 - in this issue : Barrett v TCN Channel Nine Pty Ltd / Cherry v Steele-Park / Goode v Angland / Owners Strata Plan No 57164, The v Yau

Australian Competition and Consumer Commission v Murray Goulburn Co-Operative Co Limited [2018] FCA 1964 - consumer law, milk price

Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59 - stamp duties

Nature’s Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936 - safe harbour provisions in Australian Consumer Law, 'Australia made' logo

Republic of Nauru v WET040 [2018] HCA 60 - refugees

Savage v Vili's Cakes [2018] SAET 202 - racial discrimination, use of the term "Kiwi" found not to be an act of discrimination

TTY167 v Republic of Nauru [2018] HCA 61 - refugees,