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Interesting articles and podcasts

Fri Jul 27 2018

Digital radar by Kevin Stewart and John Rhodes of Gilbert + Tobin - articles on drones and blockchain

Geoffrey Rush v Nationwide News Pty Ltd & Jonathon Moran by Nicholas Pullen and Priya Wakhlu of HWL Ebsworth - the authors contend that the decisions in Rush v Nationwide News Pty Ltd [2018] FCA 357 and Rush v Nationwide News Pty Ltd (No. 2) [2018] FCA 550 emphasize the precision required in pleading defences to defamation proceedings

Law Report (ABC) for 24 July presented by Damien Carrick - NSW Supreme Court rules on Australian author's estate and Challenges facing Malaysia post election

A sneaking suspicion? Right of entry and access to documents under the Fair Work Act 2009 (Cth) by Stephen Woodbury, Kathy Srdanovic and Geoffrey Giudice of Ashurst - considers Australian Licensed Aircraft Engineers Association v Qantas Airways Ltd [2018] FCA 1065

Unhappy marriage not grounds for divorce, supreme court rules by Damien Gale of The Guardian - in Owens v Owens [2018] UKSC 41 the Supreme Court of the United Kingdom found "a joyless marriage is not adequate grounds for a divorce if one spouse refuses to agree"

Water, territory and the role of history : thoughts from an international perspective - speech by Justice Melissa Perry at the Hellenic Australian Lawyers Association International Legal Conference, 12 July 2018

New judgments

Fri Jul 27 2018

New journals

Fri Jul 27 2018

Commonwealth law bulletin, Volume 43(3-4), September-December 2017 - in this issue : Strengthening the rule of law through technology Steven Malby / Climate change and national laws across Commonwealth countries Eloise Scotford, Stephen Minas and Andrew Macintosh / Commercial and company law and sustainable development Commonwealth Secretariat / Disaster management, risk reduction and international disaster response laws in the Commonwealth Mary Picard / Building on 'civil paths to peace' as a model for countering violent extremism (CVE) in the Commonwealth Commonwealth Secretariat / Counter-terrorism : measures to fight against the foreign terrorist fighter phenomenon and the use of ICT for the recruitment of terrorists Commonwealth Secretariat / The role of national intellectual property laws in promoting innovation, scientific and technological development Commonwealth Secretariat / Legal identity for all Commonwealth Secretariat / Promotion and implementation of international humanitarian law : a Commonwealth perspective Commonwealth Secretariat / The rule of law ans sustainable development Steven Malby / The Arms Trade Treaty and international humanitarian law : a Commonwealth perspective Commonwealth Secretariat / Improving the recognition of foreign judgments : model law on the recognition and enforcement of foreign judgments Commonwealth Secretariat / Model law on judicial service commissions Commonwealth Secretariat

Federal law review, Volume 46(2), 2018 - in this issue : The use of foreign law by the High Court of Australia Sarah Spottiswood / Supervision of the responsible lending regimes : theory, evidence, analysis and reforms Gill North and Therese Wilson / Constitutional influences on state and territory lawmaking : an empirical analysis Anna Olijnyk and Gabrielle Appleby / Gone but not forgotten : in defence of Hickman Jacob Waller / Insolvency - it's all about the money Helen Anderson / Should Australia be embracing the modern slavery model of regulation? Ingrid Landau and Shelley Marshall

Law Society journal, Issue 47, August 2018 - in this issue : Renewed call to #RaiseThe Age of criminal responsibility Kate Allman / Six minutes with Jane Seymour / More dog days coming to NSW courts / Lawyers learn pitfalls of social media / Online program to combat domestic violence in digital age / Law Society joins forces with police to campaign for new justice precinct / 'There are too many sh*tty loopholes' Kate Allman / Finding freedom beyond the bottle Talitha Cummins / Mum's the word : the unspoken truth about maternity leave Kate Allman / The most reviled of crimes Denise Cullen / Illuminating the future of law Melissa Coade / 5 simple ways to enhance your willpower Angela Heise / A day in the life of... Dana Denis-Smith, CEO Obelisk Support, London / Going for a song Dom Rolfe / Back to our roots Melissa Coade / No pain, no gain : recovery methods to try at home Kate Allman / The case that changed me (CES v Superclinics) Catherine Henry / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Corporate accountability and transparency : a modern approach to combat slavery Jack de Flamingh and Michael do Rozario / The constitutional cost of combatting espionage and foreign interference Hannah Ryan / The information that democracy needs : the 2018 Whitlam Oration Bret Walker SC / Getting in on the 'fruits of the action' : the power of the equitable lien Michelle Castle and Andrew Bailey / Who do you think they are? Identifying your client Tony Reynolds and Deborah Morris / Googling defamation law Nicholas Olson / Judicial guidance on procedure in strata renewal proceedings Paul Vergotis and Katharine Huxley / Concurrent evidence conclaves : getting the most out of your hot tub Campbell Bridge SC / The Heavy Vehicle National Law and the chain of responsibility Nathan Cecil and Adam Vrahnos

New law reports

Fri Jul 27 2018

Federal Court reports, Volume 254(3), July 2018 - in this issue : Australian Competition and Consumer Commission v Australian Competition Tribunal / Australian Competition and Consumer Commission v Australian Egg Corporation Ltd / SZVBN v Minister for Immigration and Border Protection / Zappia v Comptroller-General of Customs

State reports (Western Australia), Volume 94(5), July 2018 - in this issue : Cnes Property Pty Ltd v City of Gosnells / West Australian Shalom Group Inc v City of Swan

New judgments

Fri Jul 20 2018

Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 - consumer law, misleading or deceptive representations in relation to consumer rights relating to software faults

BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060 - interlocutory injunction application to remove the applicant from Nauru so that he can receive appropriate mental health treatment

De Ceglie v Timosevski [2018] NSWDC 196 - negligence, motor vehicles

The Estate of Colleen McCullough [2018] NSWSC 1126 - succession, probate, testamentary instruments

Mills (Appellant) v Mills (Respondent) [2018] UKSC 38 - the court unanimously held that Graham Mills doesn't have to pay an extra £4,000 pa in maintenance to his ex-wife simply because she lost all her original capital on unwise property purchases and needs more money for rent

Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29 - employment status in the gig economy

Regina (Belhaj) v Director of Public Prosecutions and another [2018] UKSC 33 - review of decision not to prosecute a ‘criminal matter’

Seadrill Ghana Operations Ltd v Tullow Ghana Ltd [2018] EWHC 1640 (Comm) - contracts, force majeure clauses

Sergent v Glass (No 2) [2018] NSWSC 1100 - succession, application by the two children of deceased, deceased died intestate and the whole estate passes to the widow but widow unable to be located

New books

Fri Jul 20 2018

New journals

Fri Jul 20 2018

Brief, Volume 45(6), July 2018 - in this issue : Magistrates courts in Western Australia : part one - navigating conveyor-belt justice in the general lists Magistrate Deen Potter / Ceremonial farewell of Justice Stephen Thackray from the Appeal Division of the Family Court of Australia Hon Justice Stephen Thackray / Natural justice in the parliamentary sphere : should parliaments retain the power to punish? Hon Wayne Martin AC / Profession by lawyers Gino Dal Pont / Trials and tribulations Kate Offer Fiona Poh / Judicial advice applications under s 92 of the Trustees Act Steven Standing / Insights from the bench / Family law case notes Robert Glade-Wright / Young lawyers case notes Natalie Connor /

Interesting articles and podcasts

Fri Jul 20 2018

Are non-disparagement clauses void under the Australian Consumer Law? by Peter Sise of Clayton Utz - considers non-disparagement clauses

Dismissals in the #MeToo era by Wesley Rogers and Isabella Doyle of Marque Lawyers - considers Taylor v Startrack Express [2018] FWC 3909

First Australian M&A gun-jumping prosecution : ACCC v Cryosite Limited by Elizabeth Avery, Charles Coorey, Jack Coles and Claire Green of Gilbert + Tobin - the ACCC has instituted proceedings against Cryosite Limited for "gun-jumping", i.e. the "coordination of business activities, including by restricting competitive conduct and illegitimate information exchanges, between a buyer and a target prior to regulatory approval and completion of a merger, while they are still independent competitors"

Law Report (ABC) for 17 July presented by Damien Carrick - Australia may launch class action against Facebook

Navigating the visa program overhaul : key challenges for employer sponsors by Rebecca Macmillan of Holding Redlich - examines reform to the employer sponsored visa programs

The scope of an employer’s duty of care: the privacy tightrope by Chris Lehmann and Brad Quillan of HWL Ebsworth - considers Melanie Sills v State of New South Wales [2018] NSWDC 119

Will your enterprise agreement pass the BOOT? by Jonathon Hadley of Gadens - examines Application by Aldi Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) & Welsh (Loaded Rates Agreements) [2018] FWCFB 3610

New law reports

Fri Jul 20 2018

District Court law reports, Volume 25(4), July 2018 - in this issue : Arman v Nationwide News Pty Ltd / auditore v New South Wales / Lavender v Department of Industry (NSW) / M v Public Guardian / Ningaloo escape Pty Ltd v Hollard Insurance Co Pty Ltd / Philp v Nominal Defendant / R v Na (Kevin) / R v Na (Robin) / R v Read / Wessell v New South Wales

Federal Court reports, Volume 254(1), July 2018 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union / Lewski v Federal Commissioner of Taxation / Rana v Google Inc / Sandy v Queensland

Federal Court reports, Volume 254(2), July 2018 - in this issue : Burragubba v Queensland / BVZ16 v Minister for Immigration and Border Protection / Home Affairs, Minister for v SZRWS / Nigam v Minister for Immigration and Border Protection / Public Prosecutions (Cth), Director of v Nippon Yusen Kabushiki Kaisha

State reports (Western Australia), Volume 94(4), July 2018 - in this issue : Legal Professional Complaints Committee v Rainey (No 2) / Legal Professional Complaints Committee v Rainey (No 2) (S)

Tasmanian reports, Volume 25(3), July 2018 - in this issue : Gunns Ltd v State of Tasmania / Long v Kmart Australia Ltd / Mulholland v Tasmania / Parker v Riley-McDonald / Tasmania v Joseph

Interesting articles and podcasts

Fri Jul 13 2018

Blurring of professional and personal relationship prevents stop bullying order by Michael Selinger and Georgie Richardson of Holding Redlich - considers Ms Caroline McCutcheon v Fine Wine Wholesalers Pty Ltd; Mrs Veronica Lawrence [2018] FWC 3814

Hello ipso facto… are you prepared for the new ipso facto regime? by Allison McLeod and Jonathan Kramersh of HWL Ebsworth - examines the ipso facto regime came into effect on 1 July 2018

Law Report (ABC) for 10 July - How does the law prevent deaths at work?

Moving people in the age of autonomous vehicles : climate boon or bane? by David Warren of Corrs Chambers Westgarth - contends that whether or not autonomous vehicles are a positive change depends on the policy and regulatory settings put in place to steer change

Protecting ‘Made in Australia’ – changes to food label requirements now mandatory by Belinda Breakspear, Alex Hutchens and Matthew McMillan of McCullough Robertson - changes to food labelling requirements became mandatory on 1 July 2018

Unpacking Treasury’s proposal to extend unfair contract terms protections to insurance contracts – what it means for you by Mandy Tsang, Peter Yeldham, Georgia Cowley and Riana Cermak of King and Wood Mallesons - Treasury has released a proposal paper outlining the planned extension of the unfair contract terms laws to standard form insurance contracts

New judgments

Fri Jul 13 2018

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 984 - representative proceedings, the extent to which a respondent may make settlement offers and communicate directly to group members

Kitoko v University of Technology Sydney [2018] NSWSC 1007 - administrative law, whether UTS breached their student rules

Lim v Cho [2018] NSWCA 145 - negligence, appellant injured leaping from moving vehicle

Miller v State of New South Wales [2018] NSWCA 152 - workers compensation, disease injury, death of worker

Tupai v Minister for Home Affairs [2018] FCA 986 - administrative law, application for the issue of the constitutional writs to quash a decision of the Minister for Home Affairs and Minister for Immigration and Border Protection

New journals

Fri Jul 13 2018

Civil justice quarterly, Vol 37(3), 2018 - in this issue : Retrospective validation of service by email and procedural compliance by litigants in person : Barton v Wright Hassall LLP [2018] UKSC 12 Alexandra Allan / Non-party access to witness statements and open justice : Blue v Ashley [2017] EWHC 1552 Peter Burgess / Australian court rejects use of after-the-event insurance policy as security for costs : Petersen Superannuation Fund Pty Ltd v Bank of Queensland Ltd [2017] FCA 699 Stephanie Stacey and Michael Legg / Proving foreign law in domestic proceedings - the futility of the "expert" advocate and some more sensible procedural solutions : Re Harish Salve [2018] SGCA 6 Daryl Xu / Time limits for serving out claim forms and issues of intra-UK jurisdiction : Kennedy v National Trust for Scotland [2017] EWHC 3368 (QB) Julija Stukalina / Addressing concurrent expert evidence Gary Edmond, Ann Plenderleith Ferguson and Tony Ward / Extending the judicial function and managing civil litigation in Australia B C Cairns / Rethinking the scope of freezing injunctions Dr Filip Saranovic

Law institute journal, Volume 92(7), July 2018 - in this issue : Check your state of mind Melinda Walker / Judge Caroline Kirton Belinda Wilson / Not fair game Rebecca Neophitou / It's about the BEAR Tracey Mylecharane / Be clear or face the music Grant Lubofsky / A pragmatic view Elena Tsalanidis / Who gives way at the crossroads? Andrew Field and Michael Rancie / When parents lend to children Legal Practitioners' Liability Committee / Sunset conditions Russell Cocks / How health partnerships can uncover abuse Tori Edwards / Use mediation to grow your practice Rebecca Carroll-Bell / Getting inside the client's head Judith Bennett / Homelessness and women Vanessa Shambrook / Dig for gold Julissa Shrewsbury / Orwellian model a threat Morry Bailes / Seeking justice for Cambodia's youth Carolyn Ford / Too much information / Defy the stigma Jack Heath / Theatre enhances dialogue Kleo Cruse

Interesting articles and podcasts

Fri Jul 06 2018

ACCC to begin enforcing new food labelling requirements by Luke Dale and Daniel Kiley of HWL Ebsworth - from 1 July 2018 the ACCC will start enforcing the new food labelling requirements

Clarity on what constitutes a misleading consumer guarantee representation by Kon Stellios, Robert Walker, Theodore Souris and Alex Neerhut of Allens - considers Australian Competition and Consumer Commission v LG Electronics Australia Pty Ltd [2018] FCAFC 96

Federal Government takes first steps on modern slavery law by Monique Carroll, Jane Menzies and Georgie Bills of King and Wood Mallesons - considers the Modern Slavery Bill 2018 (Cth)

Google under fire again by Hannah Marshall and Daisy von Schoenberg of Marque Lawyers - considers defamation and the litigation between Michael Trkulja and Google

Law Report (ABC) for 3 July presented by Damien Carrick - Cannabis grow house syndicates booming in our suburbs and Strategies to break the cycle of drug related crime

NSW passes on native title compensation by Jenny Humphris of Holding Redlich - examines Part 8 of the Crown Land Management Act 2016 (NSW) which came into effect 1 July 2018

New journals

Fri Jul 06 2018

Australian bar review, Vol 45(3), June 2018 - in this issue : My first judges - ten lessons Hon Michael Kirby AC CMG / Unauthorised practice of law G E Dal Pont / Subsequent conduct and the objective theory of contract Timothy Pilkington / Contractual severance : a unified approach? Felicity Maher / Implied waiver of legal professional privilege : a search for consistency Ahmed Terzic / Uncertainty of trust property within a pool of shares Henry Cooper

Brief, Volume 45(5), June 2018 - in this issue : Enhancing community access to justice and law reform Hon John Quigley MLA / Araya v Nevsun Resources and law reform Shaeron Yapp / Press for progress : gender parity and the legal profession Hayley Cormann / Setting aside commercial arbitration awards for procedural unfairness under the Commercial Arbitration Act 2012 (WA) Nunzio Lucarelli / Don McLeod's unusual quest Nicholas Hasluck

Melbourne University law review, Vol 41(3), 2018 - in this issue : Rights in geospatial information : a shifting legal terrain Isabella Alexander and Marlena Jankowska / Shelter from the storm : phoenix activity and the safe harbour Helen Anderson / Remedies for migrant worker exploitation in Australia : lessons from the 7-Eleven wage repayment program Laurie Berg and Bassina Farbenblum / A compromised balance? A comparative examination of exceptions to age discrimination law in Australia and the UK Alysia Blackham / The future of joint trials of sex offenders after Hughes : resolving judicial fears and jurisdictional tensions with evidence-based decision-making Annie Cossins / The concept of coherence in Australian private law Andrew Fell / Equal consideration and informed imagining : recognising and responding to the lived experiences of abused women who kill Anthony Hopkins, Anna Carline and Patricia Easteal / Shotgun referendums : popular deliberation and constitutional settlement in conflict societies Ron Levy / The introduction of limited liability into the English and Australian colonial companies Acts : ineviatable progression or chaotic history? Phillip Lipton / The doctrine of extended joint criminal enterprise : a 'wrong turn' in Australian common law Timothy Smartt / ACB v Thomson Medical Pte Ltd - recovery of upkeep costs, claims for loss of autonomy and loss of genetic affinity : fertile ground for development? Jordan English and Mohammud Jaamae Hafeez-Baig / Executive and legislative power in the implementation of intergovernmental agreements Hon Robert French AC / The changing position and duties of company directors Hon Justice Geoffrey Nettle

Proctor, Volume 38(6), July 2018 - in this issue : Reflect before you react - civility : courtesy or obligation? Ken Taylor / #WeToo : are we ready for this? Rolf Moses / QLS responds on family law reform Natalie De Campo and Pip Harvey Ross / A conversation with Magistrate Payne - 'doing what's required, is to do more' Rolf Moses / Financial agreements - still a good idea? Thorne and Kennedy [2017] HCA 49 Gavin Lai / A coach's view of negotiation Bevan Hughes / Investigations under the Work Health and Safety Act 2011 - may I act for more than one person? Stephen Keim / NAIDOC 2018 - because of her, we can! Candice Hughes and Bianca Hill-Jarro / Statutory exception to the rule against hearsay - section 1305 Corporations Act 2001 Kylie Downes and Mark Steele / Right of entry dispute just a 'storm in a teacup' - is a social visit to a site a breach of entry? Andrew Ross and Matthew Giles / Probate, proof and probity - who may declare the validity of a will? Christine Smyth / Opposing the self-represented litigant - tips for early career lawyers Lidia Vicca / Legal design thinking - can it put the human back into law? Erika Ly / Volunteering in retirement LawRight / Court confirms de facto status of 'couple' Robert Glade-Wright