The Library Bulletin

Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2018] FCAFC 20 - Part XVB of the customs Act 1901 (Cth), special provisions relating to anti-dumping duties

Warner-Lambert Company LLC v Apotex Pty Limited (No 2) [2018] FCAFC 26 - the Patents Act 1990 (Cth) and whether the test of “undue burden” should be applied

Federal judge says embedding a tweet can be copyright infringement - in Goldman v Breitbart the United States District Court for the Southern District of New York has ruled that embedding a tweet in a web page could infringe copyright

The first mention of the law courts flood of 2017? - Kallin Pty Ltd v ACN 107 851 847 Pty Ltd [2018] NSWSC 124

Back to the past for dodgy construction payment adjudications: Probuild and Maxcon

Data breaches: 'Some' companies unprepared says cybersecurity minister as laws take effect

District court law reports (NSW), Volume 25(1), February 2018 - in this issue : Al-Ebadi v Guo / Byers v Frith (No 2) / Dedula v New South Wales / Gould v South Western Sydney Local Health District / Mader v The Queen / Mohareb v Palmer (No 4) / Mosslmani v Nationwide News Pty Ltd / R v Biasi

Federal court reports, Volume 250(4), February 2018 - in this issue : ARJ17 v Minister for Immigration and Border Protection / CDD15 v Minister for Immigration and Border Protection / Low v Barnet / Marzano v Minister for Immigration and Border Protection / Murad v Assistant Minister for Immigration and Border Protection / Traljesic v Bosnia and Herzegovina

Australian journal of competition and consumer law, Volume 25(4), December 2017 - in this issue : The intriguing concept of "give effect to" Ketki Kotwal / Most favoured nations : when a clause falls out of favour Caroline Oddie and Amanda Richman / Proving corporations are agents : problems and solutions David Godwin / Merger authorisations and the public benefit test : what on earth is a public benefit? Nicholas Allingham / Remedies and harm in the post-Harper environment Paul D Evans / Extra-territoriality and markets "in Australia" Julie Clarke / Unfair small business contracts legislation gets its day in court Frank Zumbo and Caroline Michel / Australia : a market no longer girt by sea? Air New Zealand Ltd v ACCC Thomas Smalley / The Air Cargo litigation - "a tyre is [not] a car" Hank Spier and Charles Sweeney / Amendments to South Korean competition law Sarah Andrews and Rosie Finlayson / There are two sides to every story - credit cards and antisteering restrictions Christopher Pleatsikas

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) [2018] FCA 83 - industrial law

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor [2018] HCA 3 - industrial law

CNS v Transport for NSW [2018] NSWCATAD 40 - privacy and travel information

Cooper v NSW Ministry of Health [2018] NSWCATAD 37 - access to information

Kobelt v Australian Securities and Investments Commission [2018] FCAFC 18 - s 29(1) of the National Consumer Credit Protection Act 2009 (Cth)

Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51 - patents and the bovine genome

Maxcon Constructions Pty Ltd v Vadasz & Ors [2018] HCA 5 - Building and Construction Industry Security of Payment Act 2009 (SA)

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor [2018] HCA 4 - judicial review

Spencer v Commonwealth of Australia [2018] FCAFC 17 - constitutional law

Commercial applications of company law / Pamela Hanrahan, Ian Ramsay and Geof Stapledon

Fraud, financial crime and money laundering / Hugh McDermott (ed)

Health and safety law in Victoria / Breen Creighton and Peter Rozen

Korea : where the American century began / Michael Pembroke

The law of contract / Michael Furmston (ed)

Lord Sumption and the limits of the law / N W Barber, Richard Ekins and Paul Yowell (eds)

Family Impact Commission Bill 2018 - Legislative Council second reading 15 February 2018

Food Amendment (Seafood Country of Origin Labelling) Bill 2017 - defeated in the Legislative Assembly 15 February 2018

Medicinal Cannabis (Compassionate Access) Bill 2018 - Legislative Council second reading 15 February 2018

Property, Stock and Business Agents Amendment (Property Industry Reform) Bill 2017 - introduced in Legislative Council and 1st reading 14 February 2018

Vexatious Proceedings Amendment (Statutory Review) Bill 2017 - passed by both houses 13 February 2018

Murray-Darling plan on brink of collapse as changes shot down in Senate

New South Wales law reports, Volume 93(4), February 2018 - in this issue : Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic / Morgan v District Court of New South Wales / Shinwari v anjoul by her tutor Anjoul / Tootle v R / Wilson v Director of Public Prosecutions (NSW)

Health Legislation Amendment Bill 2017 - passed the Legislative Assembly without amendment on 7 February 2018

Industrial Relations Amendment (Contracts of Carriage) Bill 2018 - introduced in the Legislative Assembly on 8 February 2018

Justice Legislation Amendment Bill 2018 - introduced in the Legislative Assembly on 7 February 2018

Vexatious Proceedings Amendment (Statutory Review) Bill 2017 - passed the Legislative Assembly without amendment on 7 February 2018

Assange launches 'public interest' case after losing bid to have arrest warrant dropped

'Image ballistics' : your smartphone camera reveals more than you think - discusses image metadata

NSW government introduces tough road safety plans after deadly year on roads

NSW court to hear 'landmark' challenge to coalmine over climate change impact

Melbourne university law review, Volume 41(1), 2017 - in this issue : Negligence claims by subsequent building owners : did the life of Bryan end too soon? Matthew Bell and Wayne Jocic / Parliament, the judiciary and fundamental rights : the strength of the principle of legality Francis Cardell-Oliver / Anti-suit injunctions in Australia Michael Douglas / Icarus and the Evidence Act : section 137, probative value and taking forensic science evidence 'at its highest' Gary Edmond / Government contracts and public law Hon K. M. Hayne AC / Cosmopolitan originalism : revisiting the role of international law in constitutional interpretation Noam Kolt / Australia's accession to the Hague Convention on Choice of Court Agreements Brooke Adele Marshall and Mary Keyes / Regulating cyber-racism Gail Mason and Natalie Czapski / Marginalising health information : implications of the Trans-Pacific Partnership Agreement for Alcohol Labelling Paula O'Brien, Debora Gleeson, Robin Room and Claire Wilkinson / Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc : accessing third party documents in a foreign jurisdiction by subpoena : the Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc class action Michael Legg and Joshua Kang / DPP (Vic) v O'Neill : sentencing offenders with personality disorders : a critical analysis of DPP (Vic) v O'Neill Jamie Walvisch and Andrew Carroll

Modern law review, Volume 81(1), January 2018 - in this issue : The current political discourse concerning international law James Crawford / Rail franchises, competition and public service Tony Prosser and Luke Butler / The promise and perils of crowdfunding : between corporate finance and consumer contracts John Armour and Luca Enriques / The dynamics of enduring property relationships in land Sarah Blandy, Susan Bright and Sarah Nield / Universal credit, 'positive citizenship', and the working poor : squaring the eternal circle Philip M. Larkin / Frozen corpses and feuding parents : Re JS (Disposal of Body) Heather Conway / On the relations between agent and principal : Angove's Pty Ltd v Bailey Julius A. W. Grower / In defence of constitutional law Pavlos Eleftheriadis

Sydney law review, Volume 39(4), December 2017 - in this issue : A constitutional antinomy : the principle in McCawley v The King and territorial limits on state legislative power Peter Congdon / Creating ripples, making waves? Assessing the general deterrence effects of enforcement activities of the Fair Work Ombudsman Tess Hardy and John Howe / Banning orders : an empirical analysis of the dominant mode of corporate law enforcement in Australia Jasper Hedges, George Gilligan and Ian Ramsay / Domestic and family violence and police negligence Mandy Shircore, Heather Douglas and Victoria Morwood / arbitration of cross-border consumer transactions in Australia : a way forward? Richard Garnett / The ordinary, reasonable search engine user and the defamatory capacity of search engine results in Trkulja v Google Inc David Rolph / Meta-regulation in practice : beyond normative views of morality and rationality Jesse Cunningham

The Close the Gap - 10 Year Review has just been released, it critically examines the 2008 Council of Australian Governments’ Closing the Gap Strategy, which aimed to improve Aboriginal and Torres Strait Islander health. Also see 'Almost a full retreat': damning review finds Closing the Gap policy 'effectively abandoned' and Closing the Gap review finds policy 'effectively abandoned' amid 'extensive funding cuts'.

On the 5th of February the Senate Select Committee on the Future of Public Interest Journalism published its report, see the report here.

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 42

Competition in the Australian Financial System draft report

In its Competition in the Australian Financial System draft report released 7 February 2018 the Productivity Commission questioned the effectiveness of Australia's "four pillars" banking policy which maintains the separation of Australia's four largest banks by preventing/rejecting mergers between them. See 'Four pillars' banking policy is 'ad hoc' and 'redundant', Productivity Commission warns. The shadow treasurer Chris Bowen said, "It is, in our view, not beneficial for banking competition to see the four big banks being able to merge", see 'Four Pillars' policy preventing banks from merging must stay: ALP. The Productivity Commission's final report is expected to be delivered 1 July 2018.

Australian violence : crime, criminal justice and beyond / Julie Stubbs and Stephen Tomsen (eds)

A history of Australian tort law, 1901-1945 : England's obedient servant? / Mark Lunney

Being well in the law : a guide for lawyers

Civil procedure : the White Book service 2017 / Lord Justice Jackson

Court-referred alternative dispute resolution : perceptions of members of the judiciary : an overview of the results of a study

Kerr and Hunter on receivers and administrators. Twentieth edition edited by Thomas Robinson and Peter Walton

Industrial relations reform : looking to the future : essays in honour of Joe Isaac AO / Keith Hancock and Russell D. Lansbury

The law of compulsory purchase and compensation / Michael Barnes

The law of contracts (7th ed) / S. M. Waddams

Law of privilege (3rd ed) / Bankim Thanki (ed)

Medical negligence (5th ed) / Michael Jones

Federal Court of Australia judgments

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 4) [2017] FCA 1590 - considered cartel conduct

BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8 - native title and validity of future acts

Certain Underwriters at Lloyd’s Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liquidation) [2018] FCAFC 9 - professional indemnity insurance policy and "wrongful acts"

GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1 - considered misleading or deceptive conduct in relation to claims that Nurofen provided faster/more effective relief from pain caused by common headaches than Panadol

Annotated Civil Liability Act 2002 (NSW) (3rd ed) / Dominic Villa

Annotated conveyancing and real property legislation, 2017 - 2018 / Peter Young, Anthony Cahill and Gary Newton

Annotated criminal legislation New South Wales 2017-2018 / Roderick N. Howie and Peter A. Johnson

Australian Fair Work Act 2009 with regulations and rules (9th ed)

Bennion on statutory interpretation (7th ed) / Diggory Bailey and Luke Norbury

Bowstead and Reynolds on agency (21st ed) / Peter Watts and F. M. B. Reynolds

Clerk and Lindsell on torts (22nd ed) / Michael A. Jones and Anthony M. Dugdale (eds)

Commercial tenancy law (4th ed) / Clyde Croft, Robert Hay and Luke Virgona

Cooperation at work : how tribunals can help transform workplaces / Mark Bray, Johanna Macneil and Andrew Stewart

Drafting trusts and will trusts in Australia (2nd ed) / James Kessler and Michael Flynn

The evolving role of trust in superannuation / M. Scott Donald and Lisa Butler Beatty (eds)

Guide to judicial conduct / Council of Chief Justices of Australia

Key issues in public law / Neil Williams (ed)

Law of associations / G. E. Dal Pont

McGregor on damages (20th ed) / Harvey McGregor. 20th edition by James Edelman

Phipson on evidence (19th ed) / Hodge M. Malek (ed)

The place of practice : lawyering in rural and regional Australia / Trish Mundy, Amanda Kennedy and Jennifer Nielsen (eds)

Procedure and evidence in international arbitration / Jeffrey Waincymer

Resolving civil disputes / Michael Legg (ed)

Sports law (3rd ed) / David Thorpe, Antonio Buti, Chris Davies and Paul Jonson

Tensions and traumas in health law / Ian Freckelton and Kerry Petersen

Unconscionable conduct - the laws of Australia (3rd ed) / Paul Vout (ed)

Adelaide law review Vol 38(1) 2017 – In this issue : A colonial history of the River Murray dispute Adam Webster / The constitutional conventions and constitutional change : making sense of multiple intentions Harry Hobbs and Andrew Trotter / Exemplary damages : retribution and condemnation – the purpose controlling the scope of the exemplary damages award Alison Doecke / An Australia-Indonesian arrangement on refugees : exploring the structural, legal and diplomatic dimensions Samuel Tyrer / Sexual orientation and ‘gay wedding cake’ cases under Australian anti-discrimination legislation : a fuller approach to religious exemptions Liam Elphick / The socio-political and legal history of the tax deduction for donations to charities in Australia and how the ‘public benevolent institution’ developed Fiona Martin / An effective priority for the Commissioner of Taxation in liquidation : Bell Group NV (in liq) v Western Australia (2016) 331 ALR 408 Daniel Marateo / Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835 Rozelle Macalincag / 2016 Senate electoral reforms in the High Court and beyond Shauna Roeger

Australian bar review Vol 44(3), December 2017 – In this issue : An insight into appellate justice in New South Wales Hon Justice MJ Beazley AO / ‘Widgets’ or ‘Wodgets’? A heterodox reappraisal of the fiduciary who ‘steals a business’ : ‘account’, ‘allowances’, ‘consent’ and other perplexing issues Lee Aitken / Anticipatory breach and estoppel — does estoppel provide a unified doctrine for relief in all cases of anticipatory breach? Cameron Meiring and Kenneth Yin / Assessing testamentary capacity from the medical perspective Jane Lonie and Kelly Purser / Inconsistencies in sentencing of theft offenders in Victoria : implications for the ‘instinctive synthesis’ Clare Farmer, Ian Parsons and Mirko Bagaric / A consideration of current issues in private international law Michael Douglas

Australian law journal Vol 91(12), December 2017 - In this issue : Admiralty Act 1988 (Cth) s 6(b) Dr Damien J. Cremean / Paciocco in the High Court : penalties and late payment fees J. G. H. Stumbles / A survey of the High Court of Australia on construction law 1965-2016 Professor John Sharkey

Conveyancer and property lawyer Vol 81(6), 2017 – In this issue : The leasehold estate: useful tool or shackle? Martin Dixon / Taxing grounds Paul Clark / Inheritance and the posthumously conceived child Neil Maddox / More than just a walk in the park : a new view on recreational easements Judith Bray / Burdens, presumptions and confusion in the law on want of knowledge and approval Brian Sloan / Estoppel, registration, and the perils of obiter Juanita Roche / Title to a highway : obligations, function and constitutionalism in the construction of property rights Robin Hickey / Article 1 of the First Protocol and a tenants right to compensation Douglas Maxwell

Criminal law review Issue 1 2018 – In this issue : Speaking up for injustice : reconsidering the provision of special measures through the lens of equality Samantha Fairclough / Admissibility of forensic voice comparison testimony in England and Wales Geoffrey Stewart Morrison / Cross-examining young alleged complainers in Scottish criminal courts Samantha J. Andrews and Michael E. Lamb

Federal law review Vol 45(4) – In this issue : Between form and substance : minimising judicial scrutiny of executive action Mark Aronson / Interrogating ‘absolute discretion’ : are NZ’s parliament and courts compromising rule of law? Hanna Wilberg / The entrenched minimum provision of judicial review and the limits of ‘law’ Lisa Burton Crawford / Re-evaluating the doctrine of deference in administrative law Janina Boughey / Judicial review and merits review : are the boundaries being eroded? Robin Creyke / The unfolding purpose of fairness Matthew Groves / Judicial review of legislators’ motives Nathan Van Wees / Justiciability, access to justice and the development of constitutional law in Canada Gerard J. Kennedy and Lorne Sossin

Law quarterly review Vol 134, January 2018 – In this issue : Legal obligations, legal revolutions Hon. Michael Kirby AC CMG / Intentional harm, accessories and conspiracies Professor Paul S. Davies and Rt. Hon. Sir Philip Sales / Magna Carta, Scotland and Scots law Professor Hector L. MacQueen / Breach of contract : a plea for clarity and discipline Professor Neil Andrews / Misuse of rectification in the law of trusts Simon Douglas

Law society journal Issue 41, February 2018 - In this issue : Lessons on vicarious trauma and wellbeing from a Royal Commission Anna Verney / Crushing waves Lillian Leigh / Animal instincts Claire Chaffey and Lynn Elsey / The human cost of corporate life Dominic Rolfe / The wellbeing road test Kate Allman / A day in the life of Christine Morgan, CEO Butterfly Foundation Jane Southward / A performer with balance Tia Singh / Secrets to living a long and healthy life Joanna McMillan / Are you burning out? Thea O'Connor

Psychiatry, psychology and the law Vol 24(6), December 2017 - In this issue : Children's responsibility for criminal conduct : the principle of doli incapax under contemporary Australian law Ian Freckelton / Duty to avoid injury to oneself and thereby psychiatric injury to others Ian Freckelton / Psychology and legal aspects of dangerous sex offenders : a review of the literature M. T. Rowlands, G. Palk and R. McD. Young / Putting fetal alcohol spectrum disorder (FASD) on the map in New Zealand : a review of health, social, political, justice and cultural developments Anita Gibbs and Kesia Sherwood / The 'worst of the worst' : detectives' beliefs about dangerous violent offender and how to deal with them Mark Rhys Kebbell and Nina Westera / Attributions of blame in acquaintance rape scenarios : the role of blame scale presentation order Annaliese Murdoch and Karen Gonsalkorale / Antecedents, behaviours, and court case characteristics and their effects on case outcomes in litigation for persons with schizophrenia Melissa La Van, Helen La Van and William M. Martin / Mental health and criminal charges : variation in diversion pathways in Australia Fiona Davidson, Edward Heffernan, David Greenberg, Rhondda Waterworth and Philip Burgess / Prison industry and desistance from crime : an Australian perspective Andrew Day, Jo Wodak, Joe Graffam, Eileen Baldry and Linda Davey / Self-reported impulsivity and its relation to executive functions in interned youth Olov Nordvall, Anna Stigsdotter Neely and Bert Jonsson / Examining the effects of violence and personality on eyewitness memory Laura Pajon and Dave Walsh / Responsive versus treatment-resistant perpetrators in batterer intervention programs : personal characteristics and stages of change Pablo Carbajosa, Alba Catala-Minana, Marisol Lila, Enrique Gracia and Santiago Boira / Evaluation of a database for tracking cases of child sexual abuse Cate Bailey, Martine Powell and Gennady N. Baksheev

Public law Issue 1, January 2018 – In this issue : Ultra vires revisited Thomas Adams / 30 years of hurt : the evolution of civil preventive orders, hybrid law, and the emergence of the super-football banning order Mark James and Geoff Pearson / The strange reconstitution of Wales Richard Rawlings / Counter-terrorist law in British universities : a review of the “prevent” debate Steven Greer and Lindsey Bell / Judicial input into parliamentary legislation Robert Hazell and Juliet Wells

University of Tasmania law review Vol 36(2), 2017 – In this issue : Employer deductions from accounts payable under the Fair Work act 2009 (Cth) : restrictions on being both payer and payee Nadia Stojanova / The 2016 amendments to Singapore’s Consumer Protection (Fair Trading) Act – a missed opportunity Wee ling Loo and Ee Ing Ong / Judging a book by its cover: the challenges of prohibiting firearms by their appearance Samuel Diprose Adams / Maritime interception : a snapshot of Australian policy, law and practice, and the opportunity for change Susanna Dechent / Defamation defences and juries : Wilson v Bauer Media (No 6) [2017] VSC 356 Sophie Hey

Industrial Relations Commission

On the 1st of February the New South Wales Industrial Relations Commission's 5 judges and 10 staff lodged notice of an industrial dispute in the commission to stop the state government relocating the commission to Parramatta, see NSW Government plan to move IRC from Sydney's CBD hits legal hurdle. Whether the commission can rule on its own dispute is an issue that will be tested in court.

Eyewitness memory

James Cook University psychology lecturer Dr Craig Thorley has released a paper called Enhancing individual and collaborative eyewitness memory with category clustering recall which shows that there may be an easy way to help eyewitnesses of crimes remember more about what they have seen.