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Interesting articles and podcasts

Fri Jun 29 2018

Compulsory acquisition of land : lessons to be learnt from the Desane case by Peter Holt and Georgia Appleby of Holding Redlich - considers Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 553

Contracts of sale, leases and electronic communication : bound before you know it? by Sydney Jacobs of 13 Wentworth Selborne - considers electronic commerce, signatures and transactions

Law in Action (BBC) for 26 June - Facial recognition technology

Law Report (ABC) for 26 June presented by Damien Carrick - Canada's Supreme Court rules on private Christian University law school and Portugal's drug policy

Staying classy – the new trend in employment litigation by Scarlet Reid, Jason Munstermann, Tom Reaburn and Nathan Roberts of McCullough Robertson - considers the trend towards employment-related class action litigation

When can you request a paternity test? by Natasha Heathcote or Armstrong Legal - considers paternity testing and the decision in Brianna & Brianna [2010] FamCAFC 97

Call for submissions in relation to legal practitioners' scale of costs

Fri Jun 29 2018

The The High Court, Federal Court, Family Court and Federal Circuit Court have established a Joint Costs Advisory Committee to inquire into the quantum of costs (including expenses and fees for witnesses) allowable to legal practitioners which should be contained in the scales of costs, see information here, interested persons are invited to submit their views by 31 July 2018.

New judgments

Fri Jun 29 2018

New law reports

Fri Jun 29 2018

Commonwealth law reports, Volume 260(3), June 2018 - in this issue : Chiro v The Queen / Hamra v The Queen / Immigration and Border Protection, Minister for v Kumar / Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd / Taxation, Federal Commissioner of v Jayasinghe

South Australian state reports, Volume 129(4), June 2018 - in this issue : Environment Protection Authority v SA Morgan Pty Ltd / Police v Barnes / R v Jones / Ramadan v ACN 098 408 176 Pty Ltd / Stringer v Westfield Shopping Centre Management Co (SA) Pty Ltd

Western Australian reports, Volume 52(3) - in this issue : Mansfield v Western Australia / Marchesano v Western Australia

New or updated NSW Bills

Fri Jun 22 2018

Awaiting assent

Appropriation (Parliament) Bill 2018 - awaiting assent 21 June

Appropriation Bill 2018 - awaiting assent 21 June

Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 - awaiting assent 20 June

Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018 - awaiting assent 20 June

Forestry Legislation Amendment Bill 2018 - awaiting assent 21 June

Justice Legislation Amendment Bill (No 2) 2018 - awaiting assent 20 June

Modern Slavery Bill 2018 - awaiting assent 21 June

NSW Generations Funds Bill 2018 - awaiting assent 21 June

Snowy Hydro Legacy Fund Bill 2018 - awaiting assent 21 June

State Revenue Legislation Amendment Bill 2018 - awaiting assent 21 June

Victims Rights and Support Amendment (Statutory Review) Bill 2018 - awaiting assent 20 June

Water Management Amendment Bill 2018 - awaiting assent 20 June

Commencement proclamations

Cemeteries and Crematoria Act 2013 - 25 June 2018 proclaimed as the day on which the uncommenced provisions of the Act commence

Transport Administration Amendment (Sydney Metro) Act 2018 - 1 July 2018 proclaimed as the day on which the Act commences

In progress

Animal Research Amendment (Reduction in Deaths of Dogs and Cats Used for Research) Bill 2018 - in Legislative Council 21 June, second reading debate adjourned

Crimes Amendment (Misconduct in Public Office and Other Matters) Bill 2018 - in Legislative Assembly 21 June, awaiting second reading debate

Environmental Planning and Assessment Amendment (Moratorium and Restrictions on Recovering Energy from Waste) Bill 2018 - in Legislative Assembly 21 June, second reading debate interrupted

Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018 - in Legislative Council 20 June, awaiting second reading debate

Public Finance and Audit Amendment (State-funded Private Entities) Bill 2018 - in Legislative Assembly 21 June, awaiting second reading debate

Residential Tenancies Amendment (Social Housing) Bill 2018 - in Legislative Assembly 21 June, awaiting second reading debate

Unexplained Wealth (Commonwealth Powers) Bill 2018 - in Legislative Council 20 June, awaiting second reading debate

New journals

Fri Jun 22 2018

Australian journal of competition and consumer law, Volume 26(2), 2018 - in this issue : Consumer guarantees and the doctrine of the half-truth R J Desiatnik / The collapse of Dick Smith and the problem of gift cards : issues and alternatives for consumer protection Mohammed Al Bhadily and Kyle Bowyer / The new section 46 misuse of market power test and the European Intel experience Elizabeth Hersey / US medical devices cause significant health issues, caravan defects are no holiday, and reasonable offers put a spoke in a wheel Thomas Horatio John Cadd / The flyash saga : chapter three Rebecca McEwen / The Australian Competition Tribunal in 2017 Tim Luxton / Robert Baxt AO - Chair, Trade Practices Commission, 7 April 1988 to 30 June 1991 Hank Spier / Beyond the effects test Peter Strong / The banking royal commission : putting business-first capitalism on trial Xavier O'Halloran / South Africa - enhanced focus on market inquiries Lesley Morphet / The commerce commission clamps down on mobile traders Debra Wilson

Australian law journal, Volume 92(3), March 2018 - in this issue : Current issues - The minister v The courts, Judicial conduct : the United States, Judicial conduct : Australia, Reducing the backlog in criminal courts, A conversation about studying law (imagined), Core business for the High Court? / Conveyancing and property - E-conveyancing, contracts for the sale of land and deeds, Interest of a purchaser under a contract from a mortgagee exercising its power of sale, Strata schemes and short term lettings (again) / Around the nation : Victoria - A lease or a licence : how vagueness occasions substantive unfairness, Living and Leisure v CSR : reservations uncertain, The flexibility of the common law causes injustice, Boundaries : an unknown unknown / Personalia - Commonwealth - Chief Justice Diana Bryant / Recent cases - Administrative law - judicial review - availability of certiorari - error of law on face of record - non-jurisdictional error : Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248; [2018] HCA 4 Ruth C A Higgins, United Kingdom - Privy Council - Cayman Islands - judicial independence - apparent bias : Almazeedi v Penner [2018] UKPC 3 R D Turnbull / A "diminished nation"? The Racial Discrimination Act 1975, the Native Title Act 1993 and Constitutional recognition of indigenous Australians Jonathan Fulcher / The doctrine of forbearance Jeremy Stoljar / The duty to mitigate : a comparative analysis between the English common law and the CISG Bruno Zeller / Commissioner of the Australian Federal Police v Hart; Commonwealth v Yak 3 Investments Pty Ltd; Commonwealth v Flying fighters Pty Ltd / Falzon v Minister for Immigration and Border Protection / Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union / Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd / Maxcon Constructions Pty Ltd v Vadasz

Australian Restructuring, Insolvency and Turnaround Association journal, Volume 30(2), 2018 - in this issue : Q&A with Hamish McCormick Peter Gosnell / A day in the life of a bankruptcy trustee Karin Krueger / Finders, but not keepers Rachell Davey and Helen Suke / How to optimise your referral network Agnes King / The interaction between bankruptcy and intellectual property right Charlie George and Kenneth Stanton / Giving an arm and a leg Bill McCarthy / The Amerind and Killarnee decisions on corporate trading trusts Scott Atkins and Bernie Walrut / Caledon Coal Ben Campbell, Stephen Longley and Grant Sparks / Judicial discretions, s 588FF and the principle that liquidators act honourably and fairly Penelope Pengilley / Receivers, circulating assets and employees as priority creditors Stephen Lloyd / Profile Lucy Palaghia / Jobs and small business - FEG and insolvency practitioners working together effectively Sue Saunders / Jobs and small business - industry engagement and positive results Henry Carr / Superannuation guarantee charge (SGC) information and more Australian Taxation Office / Why regular review of decisions on administrations is important, and information disclosed on the liquidator register Thea Eszenyi / Good practice Kim Arnold, Narelle Ferrier and Mark Wellard / Law reform update / Q&A - your technical insolvency questions answered Narelle Ferrier / Insolvency case reports Mark Wellard /

Monash University law review, Volume 43(2), 2017 - in this issue : Abolishing the curious sentencing anomaly between the voluntary disclosure of one's own offending and assisting authorities with the offending of others Mirko Bagaric / Reviewing the reviewer : the role of the Parliamentary Joint Committee on Intelligence and Security - Constructing or constricting terrorism law review? Greg Carne / The legality of walking away from Public Service Ombudsman reports : the United Kingdom's experience Brian Yeom / Statutory entitlements as property : implications of property analysis methods for emissions trading Hope Johnson, Pamela O'Connor, William Duncan and Sharon Christensen / Township leases and economic development in Northern Territory aboriginal communities Leon Terrill / What role for adult guardianship in authorising restrictive trade practices? Kim Chandler, Ben White and Lindy Willmott / Yesterday once more : discrimination and LGBTI+ seniors Eileen Webb and Liam Elphick / Legal research in the fourth industrial revolution Terry Hutchinson

Monash University law review, Volume 43(3), 2017 - in this issue : Judge Bridlegoose, randomness and rationality in administrative decision-making Hon Robert French AC / Adverse action protections under the Fair Work Act : fashioning the fashionable Hon Christopher Jessup / Facilitating access to published works for persons with a print disability : amending Australian copyright laws to ensure compliance with the Marrakesh Treaty Jingyi Li and Niloufer Selvadurai / Are Australia's cities outgrowing its construction legislation Matthew Bell / Evaluating the pedagogic value of mooting and 'nooting' at the Administrative Appeals Tribunal (Cth) Peter Billings / Joint trials and prejudice : a review and critique of the report to the Royal Commission into Institutional Child Sex Abuse Peter M Robinson / Defining 'discrimination' in UK and Australian age discrimination law Alysia Blackham / Privacy concerns over employer access to employee social media Murray Brown and Chris Dent / A question of characterisation : can the Commonwealth facilitate the imposition of religious observances? Hoxton Park Residents Action Group Inc v Liverpool City Council Luke Beck

New law reports

Fri Jun 22 2018

Federal Court reports, Volume 253(2), June 2018 - in this issue : AWB Ltd v Cole (No 2) / Keris Pty Ltd (trustee) v Deputy Commissioner of Taxation / Shord v Federal Commissioner of Taxation / Singh v Minister for Immigration and Border Protection / Young v Thomson

Federal Court reports, Volume 253(3), June 2018 - in this issue : Coshott v Crouch / Gebadi v Woosup (No 2) / Pacciocco v Australia and New Zealand Banking Group Ltd (No 2) / Patents, Commissioner of v AbbVie Biotechnology Ltd / Shop, Distributive and Allied Employees Association v Australian Industry Group / Taxation, Federal Commissioner of v Hacon Pty Ltd

Federal Court reports, Volume 253(4), June 2018 - in this issue : BMB16 v Minister for Immigration and Border Protection / CQG15 v Minister for Immigration and Border Protection / DMH16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v CRY16 / Immigration and Border Protection, Minister for v DZU16 / Maan v Minister for Immigration and Border Protection

Interesting articles, speeches and podcasts

Fri Jun 22 2018

The art of decision-making by Justice Greenwood, presented at the Administrative Appeals Tribunal, 2018 National Conference

Law in Action (BBC) for 19 June - Social media in the dock

Law Report (ABC) for 19 June, presented by Damien Carrick - includes High Court rules on Google defamation case and Rebel Wilson damages payout slashed and Holiday cruise ships and the law

Maximising customer loyalty : getting data protection right in running loyalty schemes by Michael do Rozario, Viva Paxton and Phillip Magness of Corrs Chambers Westgarth - considers data protection
Social media use outside of work : Facebook post a valid reason for employee dismissal by Michael Selinger and Natasha Jones of Holding Redlich - considers Waters v Mt Arthur Coal Pty Limited [2018] FWC 3285

Public trust and police legitimacy : diversity and complexity in the 'global city' by Professor Ben Bradford, University College London - considers police legitimacy

What will the Australian Competition Tribunal do now without limited merits review? by the Honourable Justice John E Middleton, President of the Australian Competition Tribunal

New judgments

Fri Jun 22 2018

Caratti v Commissioner of the Australian Federal Police [2018] FCA 907 - application for injunction against Commissioner of the Australian Federal Police (AFP) to restrain them from providing documents to relevant liquidators and companies

DL v The Queen [2018] HCA 26 - criminal law, exploitation

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 - meaning of s 557(3) of the Fair Work Act 2009 (Cth)

Foxtel Management Pty Ltd v TPG Internet Pty Ltd [2018] FCA 933 - copyright, "site blocking"

Lane v The Queen [2018] HCA 28 - criminal law, "substantial miscarriage of justice"

LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 129 - void or ineffective contract, illusory consideration

Mal Owen Consulting Pty Ltd v Ashcroft [2018] NSWCA 135 - breach of contract

Minister for Local Government v Blue Mountains City Council [2018] NSWCA 133 - whether the Class 4 of jurisdiction of the New South Wales Land and Environment Court is exclusive to that court

Minogue v State of Victoria [2018] HCA 27 - application of parole laws

Plummer and Ors v Attorney General of NSW and Ors [2018] NSWSC 869 - charitable trusts for religious purposes

Sheikh Thanoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent AKA John Kent [2018] EWHC 333 (Comm) - commercial contracts, good faith, physical duress

Interesting articles, videos and podcasts

Fri Jun 15 2018

Consignor fined $100,000 for unsafe transportation of goods by Rebecca Niumeitolu of Holding Redlich - considers Environment Protection Authority v Toll Group Forwarding Pty Ltd [2018] NSWLEC 11

Corrs High Vis : Episode 26 – Murray report reviewing the national security of payment laws Andrew McCormack, Wayne Jocic, and Sam Woff of Corrs Chambers Westgarth - discusses some of the recommendations from the report

Google this : the High Court allows Google to be sued for defamation by John Swinson and Cate Nagy of King & Wood Mallesons - considers Trkulja v Google LLC [2018] HCA 25

Law Pod UK Ep. 36: Secrecy, anonymity and public information presented by Emma-Louise Fenelon - considers secrecy, anonymity and public information in major inquests and inquiries

Law Report (ABC) for 12 June, presented by Damien Carrick - topics are Beauty professionals receive training to support clients experiencing family violence and Victorian Supreme Court decision strikes out exorbitant legal fees (which deals with the decision in Robinson v Jones (No 5) [2018] VSC 202

Perspectives on elder abuse - ALRC President, Justice Sarah Derrington, Principal Legal Officer, Matt Corrigan and Ellen Fanning discuss how law reform can support efforts to address elder abuse

Should justice move online, from Law in Action (BBC), 12 June - notes that in Canada there is new online tribunal handling things like small claims and property disputes

Wahba v Carroll & O’Dea Lawyers : the damages regime in airline cases – Federal or State? by Matthew Brooks and Jonathan Yee of HWL Ebsworth - considers Wahba v Carroll & O’Dea Lawyers [2018] NSWDC 128

What’s going on with the banks and the criminal cartel charges? by Hannah Marshall and Michael Bradley of Marque Lawyers - considers capital raising and criminal cartel charges

New journals

Fri Jun 15 2018

Psychiatry, psychology and the law, Volume 25(2), April 2018 - in this issue : Shared psychotic disorder and the killing of a policeman Russ Scott / Testing equality : insanity, treatment refusal and the CRPD Meron Wondemaghen / A mother's love? Postpartum disorders, the DSM-5 and criminal responsibility - a South African medicolegal perspective Geert Philip Stevens / Advance care planning for people with dementia in Western Australia : an examination of the fit between the law and practice Meredith Blake, Olivia Nicole Doray and Craig Sinclair / Individual differences relate to support for insanity and postpartum depression legal defenses : the mediating role of moral disengagement Emily F Wood, Sarah A Trescher, Monica K Miller and Christine M McDermott / Psychological assessment of intimate partner violence Robyn Yaxley, Kimberley Norris and Janet Haines / Research-based instructions induce sensitivity to confession evidence Angela M Jones and Steven Penrod / The utility of the HCR-20 in an Australian sample of forensic psychiatric patient Stephane M Shepherd, Rachel E Campbell and James R P Ogloff / Establishing origin : analysing the questions asked in asylum interviews Tanja S van Veldhiuzen, Rachel P A E Maas, Robert Horselenberg and Peter J van Koppen / The psychological effects of road traffic accidents (RTAs) : an exploration of a United Kingdom medico-legal examiner's career of RTA assessments Ashley Cartwright

Taxation in Australia, Volume 52(11), June 2018 - in this issue : The budget's done, now the countdown to the election Tracey Rens / Numbers, numbers, numbers - what does it all mean? Robert Deutsch / May - what happened in tax? TaxCounsel Pty Ltd / CGT relationship roll-over relief TaxCounsel Pty Ltd / Payroll tax - the hidden tax risks Peter Bembrick / Keeping on top of the ever-raising tax law "bar" Alexandra Wilson / Deductibility of employee travel expenses : the ATOs guidance Judy White and Adele Townsend / Navigating the changing SBE corporate tax rate landscape Tom Paltridge / Superannuation strategies post-1 July 2017 Kerri Reynolds / The nature of the trustee's right of indemnity Milton Louca / How the 2018 federal budget will impact SMSFs Christian Pakpahan and Daniel Butler / The referee and the shipping container Michael Norbury / Estate litigation costs : myth and misery Katerina Peiros and Christine Smyth

New law reports

Wed Jun 13 2018

State reports (Western Australia), Volume 94(2), June 2018 - in this issue : Eames v Commissioner of State Revenue / Engwirda v Owners of Queens Riverside Strata Plan 55728 / Underwood v Underwood

Tasmanian reports, Volume 25(2), June 2018 - in this issue : Hammersley v National Transport Insurance / Kalis v Kingborough Council / Lacroix v Lacroix / Price v Southern Cross Television (TNT9) Pty Ltd / R v Potter / Rainbird v Bonde

Interesting articles and podcasts

Fri Jun 08 2018

Blockchain technology research snapshot by Chris Angus of the NSW Parliamentary Research Service - an overview of blockchain

Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 by David McAndrew of Greenway Chambers - considers Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246

Is payment under your bank guarantee really guaranteed? by Elliot Raleigh of Gadens - considers Santos Limited v BNP Paribas [2018] QSC 105

Law Pod UK Ep. 34: Will AI outwit our laws? Rosalind English and professor Karen Yeung of Birmingham University - discussion of the law and artificial intelligence

Law Report (ABC) for 5 June presented by Damien Carrick - When can authorities seize your mobile device? - examines when authorities can seize your mobile device

Low threshold for adjudicator's reasons by Frazer Moss and Kath Hallpike of Clayton Utz - considers Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 Pharmaceutical drug misuse briefing paper by Lenny Roth of the NSW Parliamentary Research Service - examines pharmaceutical drug misuse

New and updated NSW Bills

Fri Jun 08 2018

Awaiting assent

Companion Animals and Other Legislation Amendment Bill 2018 - awaiting assent 6 June

Government Sector Finance Bill 2018 - awaiting assent 7 June

Kosciuszko Wild Horse Heritage Bill 2018 - awaiting assent 6 June

Miscellaneous Acts Amendment (Marriages) Bill 2018 - awaiting assent 6 June

Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018 (Sharpe) - awaiting assent 8 June

Statute Law (Miscellaneous Provisions) Bill 2018 - awaiting assent 6 June

In progress

Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 - introduced in Legislative Assembly 5 June, awaiting second reading debate

Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018 - introduced in Legislative Assembly 6 June, awaiting second reading debate

Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018 - introduced in Legislative Assembly 6 June, awaiting second reading debate

Forestry Legislation Amendment Bill 2018 - in Legislative Council, to be reported 6 June

Government Sector Finance Legislation (Repeal and Amendment) Bill 2018 - in Legislative Assembly awaiting consideration of Legislative Council amendments 7 June

Justice Legislation Amendment Bill (No 2) 2018 - in Legislative Assembly awaiting minister's second reading speech 6 June (was introduced in the Legislative Council)

Modern Slavery Bill 2018 - to be reported 6 June

Unexplained Wealth (Commonwealth Powers) Bill 2018 - in Legislative Assembly awaiting second reading debate 6 June

Victims Rights and Support Amendment (Statutory Review) Bill 2018 - in Legislative Assembly awaiting second reading debate 6 June

Water Management Amendment Bill 2018 - in Legislative Council, second reading debate adjourned 6 June (was introduced in the Legislative Council)

Notice of motion

Protection of the Environment Operations Amendment (Marine Plastics Reduction) Bill 2018 - notice of motion 7 June

Wellbeing Indicators Bill 2018 - notice of motion 6 June

Commencement proclaimed

Smoke-free Environment Amendment Act 2018 - commencement proclamation 6 June

New journals

Fri Jun 08 2018

Australian corporate lawyer, Volume 28(2), Winter 2018 - in this issue : A day in the life - Ann Stubbings - Group General Counsel and Company Secretary Orora Limited / Legal operations - the big picture / Focusing on what matters most Caroline Cox / Developing a highly engaged legal team Sarah Turner and James Hutchins / Successfully implementing flexible work arrangements Kathleen Forbes / Legal operations for the smaller team Maria Polczynski / Legal innovation on a shoestring : how to innovate on a budget Verity White / The emergence and growth of in-house legal team Annette Musolino / The rise of big data Jodie Baker / Practical advice for internally investigating high visibility employees and contractors Monica Allen, Steve Bishara and Matthew Schelp / The yin and yang of managing an in-house legal team Sandra Eckert / Innovation and the legal services supply chain Shanan Kan and George Beaton / Communicating through a crisis : the cost of not saying sorry James Melville-Ross and Adam Davidson / Mentoring : unveiling the unknown known Karina Butera

Law institute journal, Volume 92(6), June 2018 - in this issue : Designing digital justice Kathy Laster / Judge Julie Condon Sam Pandya / Administrators at large in a legal labyrinth Anthony Burke / To frack or not to frack Andrew Komesaroff and Christopher Langton / Redicovering an ancient tort Jeremy King and Yusur Al-Azzawi / What price? Quantifying loss for survivors of childhood sexual abuse Grace Wilson and Michael Magazanik / Bridging the information gap Barry Yau and David Catanzariti / Profession by lawyers Gino Dal Pont / Take a step back Legal Practitioners' Liability Committee / can this be right? Russell Cocks / Redefining legal practice in a tech revolution Fabian Horton / New law catches up / Prevent bill shock and avoid complaints Mark Bellamy / Resilience building key for lawyers Elena Tsalanidis and Vanessa Shambrook / Know your limit Andrew Proebstl / How to change practice areas Thomas Hobbs / Managed investment scheme update Pamela Hanrahan / Look after yourself / Don't feel bad

Proctor, Volume 38(5), June 2018 - in this issue : In the long run, you can make a difference Rolf Moses / Investigations under the Work Health and Safety Act 2011 Stephen Keim / The importance of Mabo Day and the Native Title Act 1993 Leah Cameron and Cassie Lang / The government grants process : recent trends and key issues Catherine Jackson / Litigation privilege and witnesses : what protection applies to third-party communications? Kylie Downes and Brent Reading / The truth about lying Stafford Shepherd / Copyright and privacy : why legislators and the law fail in the digital age Sheetal Deo / Magic money - estate litigation and cost orders Christine Smyth / Eyes in the sky, and all around : computer vision threatens current notions of privacy Rachel Treasure / Recklessness leads to landmark WHS prosecution : $900K for NSW category one offence Andrew Ross / Son gains access to parents' 1977 court file Robert Glade-Wright

University of New South Wales law journal, Volume 41(2), 2018 - in this issue : Where does truth lie? The challenges and imperatives of fact-finding in trial, appellate, civil and criminal courts and international commissions of inquiry Michael Kirby / Lessons from history in dealing with our most dangerous Harry Hobbs and Andrew Trotter / Determining suicide under Australian law Stephanie Jowett, Belinda Carpenter and Gordon Tait / Family property division and the principle of judicial restraint Patrick Parkinson / The French court and the principle of legality Bruce Chen / Holding food companies responsible for unhealthy food marketing to children : can international human rights instruments provide an new approach? Elizabeth Handsley and Belinda Reeve / Characterisation of breach of confidence as a privacy tort in private international law Michael Douglas / The limits of comparative public law methodology in international investment law : an Australian case study Alexander Ferguson / Removing donor anonymity : what does it achieve? Revisiting the welfare of donor-conceived individuals Michelle Taylor-Sands / Assessing the effectiveness of wellbeing initiatives for lawyers and support staff Suzanne Poynton, Janet Chan, Melissa Vogt, Anne Grunseit and Jasmine Bruce

New judgments

Thu Jun 07 2018

Australian Competition and Consumer Commission v Optus Internet Pty Ltd [2018] FCA 777 - the court ordered that Optus pay $1.5 million in penalties for misleading customers with regards to their transition from their own HFC network to the National Broadband Network

Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2018] FCAFC 78 - competition law, the court dismissed the ACCC's appeal

Masterpiece Caskeshop Ltd v Colorado Civil Rights Commission - Christian cake shop owner refused to make a wedding cake on religious grounds

The Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038 - award interpretation, “current practice” of taking annual leave

Wraydeh v State of New South Wales [2018] NSWDC 138 - defamation, "whether leave should be refused in relation to an imputation that “the plaintiff is a criminal” on the basis that, by reason of the plaintiff’s criminal record, this imputation was true"

New law reports

Thu Jun 07 2018

New South Wales law reports, Volume 95(3), June 2018 - in this issue : REW08 Projects Pty Ltd v PNC Lifestyle Investments Pty Ltd / New South Wales Crime Commission v Chen / Ghamrawi v R / 4nature Incorporated v Centennial Springvale Pty Ltd / Taub v R / Tikomaimaleya v R / Chen v Health Care Complaints Commission

Interesting articles and podcasts

Fri Jun 01 2018

Character references for court by Amanda Tsang of Armstrong legal - provides advice on provision of character references for court

Don’t “Rush” into publishing before you’ve considered your defences by Hannah Marshall and Daisy von Schoenberg of Marque Lawyers - examines the Geoffrey Rush versus the Daily Telegraph defamation proceedings

A “festival of mendacity”; telling the truth no more than a “lifestyle choice” by David Hart on UK Human Rights Law Blog - considers Rashid v Munir & Ors [2018] EWHC 1258 (QB)

Higher fines for competition law breaches, and more unlawful behaviour captured by Australia's cartel laws by Mihkel Wilding and Damiano Fritz of Clayton Utz - examines the impact of Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73

Law Report (ABC) for 29 May, presented by Damien Carrick, Inside the jury room part four : juror misbehaviour - examines how juror misbehavior threatens the right to a fair trial and what can be done to ensure they behave

Privacy decision sets worrying precedent for what the Government can reveal about us by Flint Duxfield and Stephen Smiley of ABC

New judgments

Fri Jun 01 2018

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 760 - legal professional privilege, "whether dissemination by one joint privilege holder of privileged document or communication to WhatsApp messaging group constitutes waiver"

Ekermawi v Nine Network Australia Pty Limited [2018] NSWCATAD 112 - racial vilification

Luk v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 111 - meaning of “intimidation”, “menacing” and “objective facts”