The Library Bulletin

In Senate Estimates Ian MacDonald asked Justice SC Derrington about why she is a "Senior Counsel" instead of a "Queen's Counsel", Sarah Catherine Derrington said "those are my initials", the 2018-2019 Budget estimates transcript for 23 May will be available here

Admiralty jurisdiction and practice (5th ed) / Nigel Meeson and John A Kimbell

Habeas corpus in international law / Brian R Farrell

Restraint of trade doctrine (4th ed) / J D Heydon

The UN declaration on the rights of indigenous peoples : a commentary / Jessie Hohmann and Marc Weller (eds)

Williams, Mortimer and Sunnucks on executors, administrators and probate (21st ed) / John Ross Martyn and Nicholas Caddick (eds)

Introduced

Anti-Discrimination Amendment (Religious Freedoms) Bill 2018 - introduced in Legislative Council 24 May

Companion Animals and Other Legislation Amendment Bill 2018 - introduced in Legislative Council 23 May

Government Sector Finance Bill 2018 - introduced in Legislative Assembly 24 May

Government Sector Finance Legislation (Repeal and Amendment) Bill 2018 - introduced in Legislative Assembly 24 May

Justice Legislation Amendment Bill (No 2) 2018 - introduced in Legislative Council 23 May

Kosciuszko Wild Horse Heritage Bill 2018 - introduced in Legislative Assembly 23 May, awaiting second reading debate

Miscellaneous Acts Amendment (Marriages) Bill 2018 - introduced in Legislative Council 23 May

Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2018 - introdcued in Legislative Assembly 24 May

Statute Law (Miscellaneous Provisions) Bill 2018 - introduced in Legislative Council 23 May

Revised

Electoral Funding Bill 2018 - awaiting assent 24 May

Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018 - passed Legislative Council 24 May, needs to go to the Legislative Assembly

Passed

Health Legislation Amendment Bill (No 2) 2018 - awaiting assent 22 May

Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018 - awaiting assent, 23 May

Road Transport Legislation Miscellaneous Amendments Bill 2018 - awaiting assent 22 May

Assented

Coal Industry Amendment Act 2018 - assented to 23 May

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 - assented to 23 May

Transport Administration Amendment (Sydney Metro) Act 2018 - assented to 23 May

Arb, med, arb – easy as one, two, three? by John Oddy and Damian Sturzaker of Marque Lawyers - considers Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610

Authorised law reporting : Remarks to welcome to Australia the Incorporated Council for Law Reporting for England and Wales speech delivered by Steven Rares on 9 May - covers the history of authorised law reporting in Britain and Australia

The CASA flags new safety measures for drones by Renae Lattey and Michael Swinson of King & Wood Mallesons - considers the Civil Aviation Safety Authority's Review of aviation safety regulation of remotely piloted aircraft

Common questions concerning GST withholding law by Jason Warat of HWL Ebsworth - looks that the new GST withholding laws which commence 1 July

Electronic lodgement networks for land dealings and what this means for you by Clare Van Drunen of Clayton Utz - covers electronic lodgment requirements in each state and territory

European Union and democratisation : backsliding in tow of unsuccessful conditionality? by Katarína Šipulová of Oxford University - examines the EU’s democratizing influence and the legal and political measures used by different actors and EU institutions

How will corporations be affected by imminent new foreign bribery and whistleblower laws? by Richard Flitcroft, Anthony Forsyth and Tegan Harrington of Corrs Chambers Westgarth - looks at reform of Australia's anti-foreign bribery and corruption regulation

Is intoxication a defence to a criminal charge? by Angela Cooney of Armstrong Legal - considers whether intoxication is a defence

Law Report (ABC) for 22 May presented by Damien Carrick - Inside the jury room part three : juror bias - considers whether jurors can set their personal beliefs and prejudices aside when they enter the deliberation room

Recent case law and legislative update in business law by Sydney Jacobs of 13 Wentworth Selborne - considers Shah v Hagemrad [2018] FCA 91, Kallin Pty Ltd v ACN 107 851 847 Pty Ltd [2018] NSWSC 124, and Australian Securities and Investments Commission v Cassimatis (No 9) [2018] FCA 385

Commonwealth law reports, Volume 260(2), May 2018 - is this issue : Aubrey v The Queen / Bywater Investments Ltd v Federal Commissioner of Taxation / Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd / Hua Wang Bank Berhad v Federal Commissioner of Taxation / New South Wales Aboriginal Land Council v Minister Administering Crown Lands Act / Pickering v The Queen / Simic v New South Wales Land and Housing Corporation / Talacko v Bennett

Federal Court reports, Volume 252(3), May 2018 - in this issue : Australian Building and Construction Commissioner v McDermott (No 2) / Callychurn v Australian Securities and Investments Commission / Carrascalao v Minister for Immigration and Border Protection / Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd / Kadam v MiiResorts Group 1 Pty Ltd (No 4) / Oil Basins Ltd v Watson

Federal Court reports, Volume 252(4), May 2018 - in this issue : BrisConnections Finance Pty Ltd v Arup Pty Ltd / Morris Finance Ltd v Brown / Offshore Marine Services Alliance Pty Ltd / Palanaippan v Westpac Banking Corporation / Poroa v Minister for Immigration and Border Protection / Taxation, Federal Commissioner of v Primary Health Care Ltd / Taxation, Federal Commissioner of v Tamarama Fresh Juices Australia Pty Ltd / Ten Network Holdings Ltd, Re

On the 21st of May the Final report of the Review of security of payment laws was released

Lardis v Lakis [2018] NSWCA 113 - "intent to defraud creditors"

Optus Mobile Pty Ltd v Telstra Corporation Limited [2018] FCA 745 - misleading or deceptive conduct

R v AC [2018] NSWDC 127 - "repeated failure by the Crown to comply with notice requirements for Tendency Notices"

Sader v Langham [2018] NSWSC 727 - easements

Wahba v Carroll & O’Dea Lawyers [2018] NSWDC 128 - professional negligence

Zistis v Zistis [2018] NSWSC 722 - "whether NCAT exercises judicial power when determining matters under the Residential Tenancies Act 2010 (NSW)"

Casualty update – obvious risk, dangerous recreational activity and waivers by Jason Stevens and Tristan Devaris of HWL Ebsworth - considers Goode v Angland [2017] NSWCA 311 and obvious risk

Corrs High Vis : Episode 25 – Early contractor involvement by Andrew McCormack of Corrs Chambers Westgarth - vodcast on early contractor involvement

Death threats, or threats of violence by Tyson Brown of Armstrong Legal - examines threatening harm

Electric vehicles in NSW by Tom Gotsis of Parliament of New South Wales - examines benefits and concerns related to electric vehicles

Law Pod UK Episode 32 : The right to be forgotten - considers NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) and the right to be forgotten

Law Report (ABC) for 15 May presented by Damien Carrick -Inside the jury room part two : juror stress

‘Loot boxes’: a new form of gambling? by Jennifer Huby and Ben Cameron of HWL Ebsworth - examines loot boxes in online gaming, loot boxes are virtual containers with random contents

Supporting statements - a fork in the road? by Ian Roberts of Greenway Chambers - examines Central Projects Pty Ltd v Davidson [2018] NSWSC 523, which dealt with the requirements of sections 13(7) and (8) of the Building and Construction Industry Security of Payment Act 1999 (NSW) which relate to supporting statements

Whose fault is it anyway? Bettergrow v Transgrid and the problem of assigning liability when subcontractors are involved by Brendan Bateman, Nick Thomas and Cecile Bester of Clayton Utz - considers Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514

On 17 May the Joint Standing Committee on Electoral Matters has released a report called Excluded which dealt with the impact of section 44 of the Constitution on Australian democracy, the committee recommended that the government hold a referendum to repeal s 44 and 45 of the Constitution or insert "until the parliament otherwise provides". But, the government has suggested that it may not implement the findings, see Citizenship inquiry to recommend referendum, which Turnbull rejects.

Insurance Contracts Act handbook : an annotated version of the Insurance Contracts Act 1984 (10th ed) / MinterEllison

Principles of civil litigation (3rd ed) / David Bamford and Mark J Rankin

The pursuit of justice : the judge who presided over some of Australia's most controversial cases and his career as a lawyer, barrister and social justice advocate / Michael Finnane

Sumptuary regulation in Australia 1901-27 / Caroline Dick

Tomorrow's lawyers : an introduction to your future (2nd ed) / Richard Susskind

Treitel : the law of contract (14th ed) / Edwin Peel

Williams, Mortimer and Sunnucks on executors, administrators and probate (21st ed) / John Ross Martyn and Nicholas Caddick (eds)

Federal law review, Volume 46(1), 2018 - in this issue : Sir Robert Garran : medio tutissmus ibis Stephen Gageler / Unfair dismissal law and temporary migrant labour in Australia Joanna Howe, Laurie Berg and Bassina Farbenblum / Reasoning with the foundation of rules Duncan Wallace / 'The research says...' : perceptions on the use of social science research in the family law system Zoe Rathus / Liberal assumptions in section 116 cases and implications for religious freedom Alex Deagon / The survival of reasonableness review : confirming the boundaries Swati Jhaveri

Coal Industry Amendment Bill 2018 - awaiting assent, 16 May

Defend TAFE Bill 2017 - introduced in Legislative Council, 17 May

Electoral Funding Bill 2018 - in Legislative Assembly 17 May, awaiting second reading debate

Forestry Legislation Amendment Bill 2018 - in Legislative Assembly 16 May, awaiting second reading debate

Health Legislation Amendment Bill (No 2) 2018 - introduced in Legislative Council, 16 May

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 - awaiting assent, 16 May

Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018 - introduced in Legislative Council, 17 May

Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018 - in Legislative Assembly 16 May, awaiting second reading debate

Road Transport Legislation Miscellaneous Amendments Bill 2018 - introduced in Legislative Council, 16 May

Transport Administration Amendment (Sydney Metro) Bill 2018 - awaiting assent, 16 May

Beefed up airport security package will see police able to ask anyone for ID without cause

Debate on divisive sheep ban bill to start

Facebook hit with class action lawsuit over collection of texts and call logs

Google's 'deceitful' AI assistant to identify itself as a robot during calls

NSW govt seeks to keep prisoner locked up

New South Wales law reports, Vol 95(2), May 2018 - in this issue : Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) / Rinehart v Welker / In the Matter of Infinite Plus Pty Ltd / Kamm v State of New South Wales (No 4) / X v Twitter, Inc

CRI026 v The Republic of Nauru [2018] HCA 19 - refugees, "complementary protection", "freedom of movement", "internal flight alternative", "non-refoulement", "reasonable relocation", "subsidiary protection", "well-founded fear of persecution"

DWN027 v The Republic of Nauru [2018] HCA 20 - refugees, "best interests of children"

EMP144 v The Republic of Nauru [2018] HCA 21 - refugees, "complementary protection", "country information", "reasonable internal relocation", "well-founded fear of persecution"

Inner West Council v Prilis [2018] NSWLEC 72 - environmental offences, use of land without consent

Knight v Simmons [2018] NSWLEC 1231 - whether a tree had caused damage, Trees (Disputes Between Neighbours) Act 2006 (NSW)

The library is replacing its white leather chairs. They are in various states of repair. If you would like one or two, please come and collect from the library next week.

The International Arbitration Act 1974 : a commentary (3rd ed) / Malcolm Holmes and Chester Brown

NSW [New South Wales] Civil Procedure Handbook 2018 / John P Hamilton, Geoff Lindsay, Michael Morahan and Carol Webster (eds)

Uniform Civil Procedure (Amendment No 85) Rule 2018 (NSW) - the rule amends "the Uniform Civil Procedure Rules 2005 following Damm v Coastwide Site Services Pty Ltd [2017] NSWSC 1361, to clarify that the court must be satisfied that all relevant parties to the proceedings have been notified before giving a consent judgment or ordering that such a judgment be entered

Uniform Civil Procedure (Amendment No 86) Rule 2018 (NSW)### Your title here... - the rule amends the "Uniform Civil Procedure Rules 2005: (a) to allow a person, pursuant to a right of subrogation or the terms of a contract of insurance, to make an affidavit or verify any matter by affidavit, on behalf of a party to proceedings, and (b) to require an affidavit in support of an application for a garnishee order to only identify debts that are, or are reasonably likely to be, owed by a garnishee to a judgment debtor, and include the grounds relied on in support of identifying those debts"

The Commonwealth Department of Environment and Energy is inviting written submissions in relation to the Review of the interaction between the Environment Protection and Biodiversity Conservation Act 1999 and agriculture and food production. Submissions can be submitted from Monday 7 May to Friday 15 June 2018.

The Department of Communication and the Arts released its Copyright modernisation consultation paper in March, the deadline for submissions is 4 June 2018.

Domestic violence liaison officers by Andrew Tiedt of Armstrong Legal

Increased scrutiny of class action settlements and distribution schemes by Peta Stevenson, Priscilla Lal and Jordan English of King and Wood Mallesons

Just Cases (Monash University) Episode 4 : They don't teach you this at law school presented by Kate Seear

Law Report (ABC) for 8 May, Inside the Jury Room part one: The Ouija board jurors, presented by Damien Carrick

Collins v The Queen [2018] HCA 18 - criminal law, appeal against convictions

Estate of Demetrios Katsikas, Deceased [2018] NSWSC 555 - purported revival of a will revoked by marriage

Re Gallagher [2018] HCA 17 - citizenship

Secretary, New South Wales Department of Family and Community Services v Michael [2018] NSWSC 617 - child welfare, adoption

Wright v Burg [2018] NSWSC 595 - family provision, succession

Farm Debt Mediation Amendment Act 2018 - assented to 9 May, awaiting proclamation

Modern Slavery Bill 2018 - passed Legislative Council, 3 May. Note that the Bill originated in the Legislative Council and will now go to the Legislative Assembly

Road Transport Legislation Amendment (Road Safety) Act 2018 - assented to 9 May, awaiting proclamation

Alternative law journal, Vol 43(1), 2018 - in this issue : Australia at the Human Rights Council Paul Lynch / The politics of difference : posting my 'vote' on marriage equality Odette Mazel / Public sector employees and the freedom of political communication Anthony Gray / What's in a name? The language of workplace bullying Allison Ballard and Patricia Easteal / Justice for temporary migrant workers : lessons from the '7-Eleven cases' Justin Pen / Roadside drug testing : incoherent policy or uncertainty by design? Aidan Ricketts / Beyond the Vexatious Proceedings Act : Victoria's unfinished business Clare van Balen / Epistemic injustice on Palm Island Jack Maxwell / Violence risk assessment and Indigenous Australians : a primer Stephane Shepherd / The self-represented litigants' challenge : a case study James Goh / Supreme indifference : the new Alice Springs/Mparntwe Supreme Court building Pip McManus / Human rights for conservation : a rights-based approach to fisheries governance Gina Zheng / Freedom of speech and the public sector Robert Corr / Girlie does senate motions and fair access to dunnies Lou Loo, Eileen Onya and Gladys Kanbee / UK parliamentary inquiry turned verbatim musical : a theatre review Sean Mulcahy

Australian law journal and Australian law journal reports, Vol 92(2), February 2018 - in this issue : Current issues : Increasing the minimum age of criminal responsibility, Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse, ALRC Inquiry into Third Party Litigation Funding in Class Action, New Commonwealth Attorney-General, Excessive costs and inappropriate correspondence : again, Hate speech law reform abandoned in NSW, OPCAT ratified, Modern slavery law reform Francois Kunc / Conveyancing and property : The nature and approach to relief for proprietary estoppel : NcNab v Graham [2017] VSCA 352 Tim Pilkington, Leases : The certainty of duration requirement Brendan Edgeworth / Statutory interpretation : Constructional choice Gordon Brysland and Suna Rizalar / The legal observer : Some original thoughts from our newest High Court judge Michael Pelly / Family law : The reference to the Australian Law Reform Commission : a second plebiscite or the rise of Michael Rimmer? Richard Ingleby / Recent cases : Industrial relations : Fair Work Act 2009 (Cth) - entitlement of industrial association to represent industrial interests of persons - Fair Work (Registered Organisations) Act 2009 (Cth) : Regional Express Holdings Ltd v Australian Federation of Air Pilots (2017) 92 ALJR 134; [2017] HCA 55 Ruth C A Higgins, Migration : protection visas - judicial review of credibility assessment - whether rational, logical or probative basis for tribunal findings : DAO16 v Minister for Immigration and Border Protection [2016] FCAFC 2 Douglas McDonald-Norman, United States : certiorari - application for stay of preliminary injunctions - executive policies concerning entry of foreign nationals into country : Donald T Trump v International Refugee Assistance Project 582 US 2017 Ruth C A Higgins / Security for costs in unfunded federal class actions : back to the future Vince Morabito and Naomi Hatcher / The unresolved problem of expert evidence Thomas Kearney / Reports : Hughes v The Queen [2017] HCA 20 Adam Weir, Esso Australia Pty Ltd v Australian Workers' Union; Australian Workers' Union v Esso Australia Pty Ltd [2017] HCA 54 Colleen Tognetti, Regional Express Holdings Ltd v Australian Federation of Air Pilots [2017] HCA 55 Claire Tuckerman, DWN042 v Republic of Nauru [2017] HCA 56 John Carroll

Law Institute journal, Vol 92(5), May 2018 - in this issue : Courts at a turning point Karin Derkley / Reputation in the digital era Christien Corns / Justice John Champion Belinda Wilson / Values and preferences for future medical treatment Bill O'Shea and Rebecca Park / A breach of trust Michael Wise / Informal wills Philip Barton / A wellness KPI : implications for Australian law Andrew Clarke / Highly serious Michael Lombard and Giorgina McCormack / More power to the people Victorian Law Reform Commission / Post mortem risk management Legal Practitioners' Liability Committee / Honest and reasonable Russell Cocks / New type of 'junior work' Fabian Horton / Everyone's a winner Jessica Andreacchio / That should be illegal Julianna Marshall / Choose referees wisely Thomas Hobbs / The power of sentences Carolyn Ford

Law Society journal, Issue 44, May 2018 - in this issue : ALRC report shows indigenous incarceration rates only getting worse Kate Allman / Innovative Harlem court model could offer solutions for NSW Kate Allman / A stroke of luck Carolyn Simpson / E-books and other digital products Benjamin Hayward / When is an eggplant [emoji] not an eggplant [emoji]? Kate Allman / The coalface of a refugee crisis Michelle Sanson / Radical pland for a hostile environment Julie McCrossin / Why humility is a skill worth developing Peter Agnew / A day in the life of... Annabelle Bennett AO SC Jane Southward / In harmony Diane Nazaroff / Fitness and career skills? It's possible Kate Allman / The case that changed me (Shopfront Legal Centre's Jane Sanders) Jane Southward / 2018 Timor Sea Treaty : a new dawn in relations between Australia and Timor-Leste? Donald R Rothwell / Emails : danger, handle with care Simone Herbert-Lowe / Preparing your clients for the GDPR privacy reforms Anna Johnston / 'Insane delusion' and testamentary capacity : Carr v Homersham Talitha Fishburn / Alphabet soup : CFMEU emerges as Australia's first 'super union' Jack De Flamingh and James McLean / To sue or not to sue? That is the question Michelle Castle and Andrew Bailey / An 'unacceptable risk' - post sentence detention under the new Terrorism (High Risk Offenders) Act Natalie Marsic / Slander of title : neighbour held responsible for damage Kye Tran-Tsai and Michael Devitt

Proctor, Issue 38(4), May 2018 - in this issue : Mental health : the onus on employers Rolf Moses / Genealogical witch-hunts and the 'Citizenship 7' : Re Canavan and Others [2017] HCA 45 James Stokes and Gim del Villar / The incarceration equation : ALRC report seeks reductions in Indigenous remand population Sallie McLean / The proper approach to winding up : Asia Pacific Joint Mining Pty Ltd v Allways Resources Holdings Pty Ltd [2018] QCA 048 Hamish Clift / Technology for government : Queensland's new ICT contracting framework Adam Hall / Getting beyond 'the principle' in negotiations Bevan Hughes / Out with the trash! ACCC acts on unfair contract terms Luke McKavanagh / Be clear as to grounds to terminate a retainer Stafford Shepherd / Simple tips for a successful secondment Aron Gibbs / Legal professional privilege : why and when communications are protected Kylie Downes and Susan Forder / Wills, capacity and life events Cristine Smyth / Artificial intelligence and legal liability : what happens when AI goes wrong? Benjamin Teng / 'Hidden' $600K debt derails orders Robert Glade-Wright / Are you flexible, or chaotic? A practice idea that might make a big difference Peter Lynch