The Library Bulletin

Fiduciary duties by Christopher Wood of 13 Wentworth Selborne - sets out the essential aspects of the law affecting fiduciaries

Law Report (ABC) for 1 May presented by Damien Carrick, topics include Victoria introduces legislation to enable treaty negotiations and Do extradition laws need to evolve?

Security of payment Act updates - Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 by Julie Wright of Greenway Chambers - examines the cases

What should the Supporting Statement contain and does it matter anymore? by Helena Golovanoff of Holding Redlich - considers Central Projects Pty Ltd v Davidson [2018] NSWSC 523

The government has released its response to the Productivity Commission's Data Availability and Use Inquiry, see Data Availability and Use : the Australian Government's response to the Productivity Commission Data Availability and Use Inquiry

Coal Industry Amendment Bill 2018 - introduced in the Legislative Assembly on 1st of May (note that the Bill originated in the Legislative Council)

Farm Debt Mediation Amendment Bill 2018 - awaiting assent, 3rd of May

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 - introduced in the Legislative Assembly and second reading on 1st of May

Road Rules Amendment (Slowing Down for Police and Incident Response Vehicles) Bill 2018 - introduced in the Legislative Assembly and second reading on 3rd of May

Road Transport Legislation Amendment (Road Safety) Bill 2018 - awaiting assent, 2nd of May

Transport Administration Amendment (Sydney Metro) Bill 2018 - Introduced in Legislative Council and second reading, 2nd of May

The Office of Local Government is now receiving submissions on the Companion Animals Regulation 2008 Review Consultation, they are also asking for stakeholder opinions on a draft Companion Animals Regulation 2018, submissions to the review close 22 May 2018.

Liability of corporate groups and networks / Christian A Witting

The Oxford handbook of the Australian Constitution / Cheryl Saunders and Adrienne Stone (eds)

Brown v Goodbury [2018] NSWLEC 1199 - trees and hedges

The Estate of Janet Beris Jackwitz [2018] NSWSC 515 - "whether applicant for letters of administration was in a “domestic partnership” with the deceased when they maintained separate homes"

Petrus Paulus Hendrikus Johannes Janssen v South Western Sydney Local Health District [2018] NSWIRComm 1022 - victimisation application

ASIC'S sanctions and powers to be strengthened by Rachel Nicolson, Kim Reid, Philip Blaxill and Michael Ilott of Allens Linklaters

Law Report (ABC) for 24 April, presented by Erica Vowles - stories include Medication as a restraint in the aged-care sector and Are 'smart contracts' so smart?

A recent case has highlighted the importance of keeping detailed employee records in cases of dismissal by Rachel Drew and Sasha de Muelenaere of Holding Redlich - considers Mr Vijayan Kothandan v Transdev Melbourne Pty Ltd T/A Transdev [2018] FWC 2119

The following proclamations commencing Acts were published on the NSW legislation website on 27 April :

Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 No 52 Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 No 55 Natural Resources Access Regulator Act 2017 No 64 Public Health Amendment (Review) Act 2017 No 43

District Court law reports (NSW), Volume 25(3), April 2018 - in this issue : Bright v New South Wales (No 2) / Chawla v FAL Healthy Beverages Pty Ltd (No 2) / Elzahed v Commonwealth / Lim v The Queen / R v DS / R v Raines / SafeWork NSW v ProjectCorp Australia Pty Ltd / Strata Plan 69470, Owners Corporation v Owners Corporation Strata Plan 69948 (No 1) / Strata Plan 69470, Owners Corporation v Owners Corporation Strata Plan 69948 (No 2)

Public law, Issue 2, April 2018 - in this issue : An uncertain future for substantive legitimate expectations in Singapore : SGB Starksrom Pte Ltd v Commissioner of Labour Kevin Chng / Clarifying the opacity of the duty of transparency Christopher J S Knight / Declaratory misgivings : assisted suicide in post-Nicklinson context Stevie Martin / Drink and the development of administrative law 1820-1910 Kevin Costello / Fiduciary accountability for public service opportunism Robert Flannigan / Responding to non-liberal minorities within a liberal state : the challenge posed by children and vulnerable adults Javier Garcia Oliva and Helen Hall / How public is a public inquiry? Alison Ireton / Reforming the homelessness legislation? Exploring the constitutional and administrative legitimacy of judicial law-making Ian Loveland

Burns v Corbett & Ors; Burns v Gaynor & Ors; Attorney General for New South Wales v Burns & Ors; Attorney General for New South Wales v Burns & Ors; State of New South Wales v Burns & Ors [2018] HCA 15 - the court dismissed an appeal by a gay rights activist who sought to sue a former political party candidate over homophobic comments

Fairfax Digital Australia & New Zealand Pty Ltd v Kazal [2018] NSWCA 77 - defamation and "contextual truth"

Nicholls v Transport for NSW (No 2) [2018] NSWCATAD 89 - Government Information (Public Access) Act 2009 (NSW) and cabinet information

NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) - success in 'right to be forgotten' action against Google

Plaintiff M174/2016 v Minister for Immigration and Border Protection & Anor [2018] HCA 16 - "failure by a delegate of the Minister for Immigration and Border Protection to comply with s 57(2) of the Migration Act 1958 (Cth) in the course of making a decision to refuse to grant a protection visa to a "fast track applicant" does not deprive the Immigration Assessment Authority of jurisdiction to review the delegate's decision"

Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468 - defamation and opinion “not honestly held”

Annotated Personal Property Securities Act 2009 (Cth) with rules and regulations 2010 (3rd ed) / Nicholas Mirzai and Jason Harris

Discrimination : a guide to the relevant case law from Industrial Relations Law Reports (31st ed) / Michael Rubenstein

Goode and Gullifer on legal problems of credit and security (6th ed) / Roy Goode and Louise Gullifer

Procedural issues in international investment arbitration / Jeffery Commission and Rahim Moloo

Religious freedom and the Australian Constitution : origins and future / Luke Beck

Australian security of payment legislation - High Court guidance - podcast from Todd Spiller, Samuel Woff and Wayne Jocic of Corrs Chambers Westgarth - reviews two HCA decisions which provide clarity in relation to security of payment legislation

CLOUD Act bolsters US government powers to obtain data stored abroad by Ilana Hope Eisenstein, Jim Halpert and Lindsay R Barnes of DLA Piper - item on the Clarifying Lawful Overseas Use of Data Act

David Copperfield forced to break a magician's golden rule : never reveal the secrets behind your tricks - Copperfield had to reveal the secret of a disappearing trick during a UK negligence lawsuit, the secret was underwhealming

Law Report (ABC) for 17 April, presented by Erica Vowles - Laws in space - examines national and international space laws

Liberal MP to introduce bill to ban live exports as industry agrees to more oversight - Sussan Ley MP has announced plans to introduce a private member’s bill to end exports of live sheep

Police body worn video cameras - holding offenders and police officers accountable to their actions by Martin Vazquez of Armstrong Legal - overview of body worn video cameras

A “Sandwich” short of a picnic by Antoine Pace and Adam Walker of Gadens - examines the decision in Earl of Sandwich FamilyCo AG v John Montagu Pty Ltd [2018] ATMO 37 where the Trade Marks Office decided to register the sandwich inventor’s name as a trade mark

Trial by judge alone may not be the answer to giving high-profile defendants a fair hearing by John Eldridge of University of Sydney - "the assumptions that underlie the widespread faith in trial by judge alone merit continued investigation"

The new Horticulture Code of Conduct is now in effect, see here, also see The Horticulture Code of Conduct is now in full effect by Peter Williams and Andreea Turcas of McCullough Robertson

Commonwealth law reports, Volume 260(1), April 2018 - in this issue : Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd / Pickering v The Queen / Simic v New South Wales Land and Housing Corporation / Talacko v Bennett

New South Wales law reports, Volume 95(1), April 2018 - in this issue : Croucher v Cachia / Ku-ring-gai Council v Garry West as Delegate of the Acting Director-General, Office of Local Government / LDF Enterprise Pty Ltd v State of New South Wales / Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd

Law Institute journal, Volume 92(4), April 2018 - in this issue : Guardians of the world of sport Carolyn Ford / Sports and the new child safety laws Simon Merritt / A knock to the head Annette Greenhow / A sporting chance : pitfalls for sports facilities Leonie Kelleher and Hubert Algie / Treatment and taxation of an athlete's image rights Frank Hinoporos and Raoul D'Cruz / The rise of esports Mark Lebbon / Rugby scrum James Paterson and Robert D McDonald / Sports : why are they not charitable? Jennifer Batrouney and Angela Lee / Independence rules Gino Dal Pont / Notice of action Russell Cocks / The rise of SRLs Tori Edwards / Prison to homelessness Divya Sharma / How to stop procrastinating Judith Bennett / Game changers to come Molina Asthana / No place for political attacks on judges Morry Bailes

Sydney law review, Volume 40(1), March 2018 - in this issue : The Noongar Settlement : Australia's first treaty Harry Hobbs and George Williams / Taking the human out of the regulation of road behaviour Chris Dent / Financial robots as instruments of fiduciary loyalty Simone Degeling and Jessica Hudson / "Restoring the rule of law" through commercial (dis)incentives : the Code for the Tendering and Performance of Building Work 2016 Anthony Forsyth / In whose interests? Fiduciary obligations of union officials in bargaining Jill Murray / Critical perspectives on the Uniform Evidence Law James D Metzger

The Independent Commission Against Corruption’s inquiry into allegations concerning the former Canterbury City Council (Operation Dasha)started this week

Conflict in outer space will happen, legal experts warn from University of New South Wales

Digital currency developments around the world by Peter Reeves, Georgina Willcock, Marcus Wong, Hannah Stern and Robert O'Grady of Gilbert + Tobin

Law Report (ABC) for 10 April presented by Erica Vowles, stories include Restrictions on redress scheme for survivors of institutional child sexual abuse and South Africa's first jail sentence for racist tirade

Australian constitutional values / Rosalind Dixon (ed)

Civil procedure : the White Book service 2018 / Lord Justice Jackson

Contract law in Australia (7th ed) / J W Carter

Ford, Austin and Ramsay's principles of corporations law (17th ed) / R P Austin and I M Ramsay

The law of security and title-based financing (3rd ed) / Hugh Beale, Michael Bridge, Louise Gullifer and Eva Lomnicka

Liability of corporate groups and networks / Christian A Witting

Maritime boundary delimitation : the case law. Is it consistent and predictable? / edited by Alex G Oude Elferink Tore Henriksen and Signe Veierud Busch

On the 9th of April the Fair Work Commission has published its new Anti-bullying benchbook

Baron v Gilmore [2018] NSWSC 439 - legal professional privilege and the quality of evidence required to support a claim for privilege

Correia De Matos v Portugal [2018] ECHR 299 - do trained lawyers have the human right to represent themselves?

Thomas; Secretary, Department of Defence and (Freedom of information) [2018] AATA 604 - freedom of information and access to text messages

Thompson v Ragget & Ors (Rev 1) [2018] EWHC 688 (Ch) - inheritance, cohabitees, the court ruled in favour of a woman who had received nothing from her late partner’s £1.5 million estate

WET044 v The Republic of Nauru [2018] HCA 14 - refugees, procedural fairness, in which the HCA dismissed a migration appeal from the Supreme Court of Nauru

Child Protection (Working with Children) Amendment (Statutory Review) Bill 2018 - awaiting assent, 11 April

Coal Industry Amendment Bill 2018 - introduced in the Legislative Council, 11 April

Environmental Planning and Assessment Amendment (Moratorium and Restrictions on Recovering Energy from Waste) Bill 2018 - introduced in the Legislative Assembly, 12 April

Farm Debt Mediation Amendment Bill 2018 - introduced in the Legislative Council, 11 April

Smoke-free Environment Amendment Bill 2018 - awaiting assent, 11 April

Transport Administration Amendment (Sydney Metro) Bill 2018 - introduced in the Legislative Assembly, 10 April

AIAL forum, Issue 91, March 2018 - in this issue : Recent development Katherine Cook / Administrative regulation-making : contrasting parliamentary and deliberative legitimacy Andrew Edgar / Disputing the resolution : why the Australian Complaints Authority will be subject to judicial review A J Orchard / Graham and the constitutionalisation of Australian administrative law Leighton McDonald / Plaintiff S195-2016 v Minister for Immigration and Border Protection Robert Orr / Feeling the heat : challenges for 21st Century tribunals Gary Humphries / Failure to give proper, genuine and realistic consideration to the merits of a case : a critique of Carrascalao Jason Donnelly / Seeing the forest for the trees : statutory interpretation and the new Forest Stewardship Council (FSC) Australia National Standards Daniel Goldsworthy

Proctor, Volume 38(3), April 2018 - in this issue : Linc insolvency in environmental context Hamish Clift / The regional route to online law and justice : challenges and opportunities for rural lawyers Caroline Hart and Adrian Hallewell / Are clones people too? Technology raises unprecedented legal questions Josephine Bird / Protection of confidentiality in the state courts : orders to restrict access Kylie Downes and Philippa Ahern / Constructing a mobile home gift : assumptions are the termites of... instructions Christina Smyth / 'Undivided loyalty' - the perception and the reality Stafford Shepherd / Building rapport with First Nations clients David Wenitong / Guns and judges : Antonin Scalia and the right to bear arms David Bratchford / Court accepts after-hours application preceding husband's death Robert Glade-Wright / Abandonment clauses abandoned : FWC updates six modern awards Andrew Ross

Psychiatry, psychology and law, Volume 25(1), February 2018 - in this issue : The effects of empathy, emotional intelligence and psychopathy on interpersonal interactions Elise S Owens, Ferguson W H McPharlin, Nathan Brooks and Katarina Fritzon / Emotions, crime seriousness, and alibi believability Mark D Snow and Kelly L Warren / When hurt heroes do harm : collective guilt and leniency toward war-veteran defendants with PTSD Alexander C V Jay, Jessica M Salerno and Robert C Ross / Grandparent visitation rights in Spain : which psychosocial arguments are taken into account to grant or deny visits? Montserrat Celdran, Felicio Villar, Montse Anton and Esther Benito / Analysis for violent and non-violent versatility in self-reported juvenile delinquency Keren Cuervo, Lidon Villanueva, Michel Born and Claire Gavray / Help or hindrance? The support person in psychiatric medico-legal examination Lisa V Brown / Can lineup administrators blind to the suspect's identity influence witnesses' decisions? Nicole A McCallum and Neil Brewer / Comparing younger and older adult eyewitnesses : examining the simultaneous, elimination, and wildcard lineup procedures Emily Pica and Joanna Pozzulo / Involuntary hospitalisation in France : major evolution of legal aspects Cecile Michaud and Sebastien Prat / Narcissistic rage and the murder of Allison Baden-Clay Russ Scott and Ian Freckelton

Can the court substitute a spouse's name for a tax debt? by Natasha Heathcote of Armstrong Legal

Green bond market : an Australian focus by Clare Corke and Steven Moss of Corrs Chambers Westgarth

Lean on me - dependency in family provision cases by Therese Catanzariti of 13 Wentworth Chambers

NSW closer to ban of unsafe building products and rectification orders, with call for submissions by Frank Bannon and Lena Fischer of Clayton Utz

On the 28th of March the Parliament of New South Wales Portfolio Committee No. 6 – Planning and Environment released its final report on 'Energy from waste' technology.