The Library Bulletin

Carr v Homersham [2018] NSWCA 65 - testamentary capacity

Morris v McConaghy Australia Pty Ltd [2018] FCA 435 - private international law

R v BM [2018] EWCA Crim 560 - consent and "body modification"

De Smith's judicial review Prev title [Judicial review of administrative action] / Lord Woolf, Jeffrey Jowell, Catherine Donnelly and Ivan Hare

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

The secret barrister : stories of the law and how it's broken / The Secret Barrister

Law Society journal, Issue 43, April 2018 - in this issue : Law Council says state of justice is dire Kate Allman / Digital assets and law reform Mark Speakman / A plea for humanity Cindy Wockner / An age old issue Lynn Elsey / Meet Kirstin Ferguson the woman behind the #celebratingwomen campaign Kate Allman / How to fight a war on drugs Kate Allman / Conflict in the office? Is it a good thing Peter Agnew / A day in the life of John Cox Jane Southward / Sabring success Diane Nazaroff / BQ the forgotten intelligence? Thea O'Connor / Court of Appeal reins in generous family provision decision in 2017 Michelle Painter / The moral scope of legal personality : the case to recognise non-human animals Stephanie D'Amelio / Unfit for work? The Fair Work Commission will decide Jack De Flamingh and Erin Kiley / Electronic conveyancing - don't wait for mandating Greg Channell / Legal costs : grappling with complexities in the Legal Profession Uniform Law Michelle Castle, Andrew Bailey and Kerrie Rosati / Navigating the safe harbour for small-to-medium-sized enterprises Ben Sewell / Misrepresentation and ethics in mediation Campbell Bridge / Interpreters and lawyers : why we must work together for better outcomes Giao Quynh Tran / Issue waiver : when is privilege lost? Rosemary Workman

Federal Court reports, Vol 252(1), March 2018 - in this issue : BGM16 v Minister for Immigration and Border Protection / Bonham v Iluka Resources Ltd / BSJ16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v Hossain / McGarrigle v National Disability Insurance Agency / Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd

Law Report (ABC) for 27 March presented by Erica Vowles, stories include Avenues for compensation around family violence and Chatbot wills: AI delivering your final wishes

The right to representation before the Fair Work Commission by Ingmar Taylor of Greenway Chambers

Annotated class actions legislation (2nd ed) / Michael Legg and Ross McInnes

Australian corporations and securities legislation 2018 / CCH Australia Ltd

Australian GST legislation with overview 2018

Australian native title law (2nd ed) / Melissa Perry and Stephen Lloyd (eds)

Australian superannuation legislation 2018 / CCH Australia Ltd

Emergency law : rights, liabilities and duties of emergency workers (4th ed) / Michael Eburn

PPS in practice : a practitioner's guide to the Personal Property Securities Act 2009 (Cth) / Nicholas Mirzai and Christopher Athanassios

A restatement of the English law of contract / Andrew Burrows assisted by an advisory group of academics, judges and practitioners

The new CanLII law journal collection includes full text of Alberta law review, Appeal : review of current law and law reform, Canadian journal of comparative and contemporary law, Canadian journal of human rights, Dalhousie journal of legal studies, McGill journal of dispute resolution, McGill journal of law and health, McGill journal of sustainable development law, Ottawa law review and Windsor yearbook on access to justice, see here.

The New South Wales Law Reform Commission has been asked to review and report on access to digital assets upon death or incapacity, submissions are invited on the scope of the review, deadline for preliminary submissions is 1 June 2018, see more information here. Also see the article NSW Government to review digital asset laws as data after death becomes more important.

District Court law reports (NSW), Volume 25(2), March 2018 - in this issue : Benn v Weber Bros Circus and Logistics Pty Ltd / Deputy Commissioner of Taxation v Shelton / El Azzi v Maglis / Hewit v Galletta / Ibrahim v Maglis / Otto v Gold Coast Publications Pty Ltd / R v Winters / Raad v New South Wales (No 2) / SMLXL Projects Pty Ltd v RIIS Retail A/S / Taha v The Queen / Talwar v Ox Two Pty Ltd t/as Ocean Extreme (No 2)

Federal Court reports, Volume 251(4), March 2018 - in this issue : Australian Building and Construction Commissioner v Powell / Australian Securities and Investments Commission v Whitebox Trading Pty Ltd / Cable and Wireless Australia and Pacific Holding BV (in liq) v Federal Commissioner of Taxation / Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner / Sandini Pty Ltd v Federal Commissioner of Taxation

New South Wales law reports, Vol 94(5), March 2018 - in this issue : Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd / Commissioner of the Australian Federal Police v Elzein / D151 v New South Wales Crime Commission / Fadel v R / Majak v Rose (No 4) / Uber BV v Howarth

Director of Consumer Affairs Victoria v The Reject Shop Ltd [2018] FCA 211 - product safety, children's toys

Reckitt Benckiser (Australia) Pty Limited v Procter & Gamble Australia Pty Limited [2018] FCA 378 - comparative advertising

ARITA journal, Volume 30(1), 2018 - in this issue : 30 years of the journal Peter Gosnell / State of the profession survey John Winter / Elders : restructuring a corporate icon Peter Gosnell / NOCLAR : what it means for you Agnes King / Solvent and insolvent loan to own strategies Anthony Sommer / Combatting illegal phoenixing Helen Anderson / A case for insolvency law reform in Australia Neil Hannan / PPSA and extensions of time to register : what you need to know Leigh Adams / The latest from ARITA's specialist team Kim Arnold, Narelle Ferrier and Mark Wellard / Your technical insolvency questions answered Kim Arnold / Recent insolvency court decisions Mark Wellard

Australian law journal, Volume 92(1), January 2018 - in this issue : Intersection between informal wills and testamentary competence Darryl Browne / A tale of two cases : Wilkie v Commonwealth and Re Canavan Anne Twomey / Ex parte Candour, solicitors' liens and set-off Mark Leeming / Recent cases - Faimly law : financial agreements - Family Law Act 1975 (Cth) Pt VIIIA - pre-nuptial and post-nuptial agreements - whetehr agreements voidable for duress, undue influence, or unconscionable conduct - Thorne v Kennedy [2017] HCA 49 Ruth C A Higgins, United Kingdom : criminal law - dishonesty - Gambling Act 2005 (UK) s 42 - test in R v Ghosh [1982] QB 1053 - Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 John Eldridge, Practice : costs : non-party costs - plaintiff company insolvent - unable to meet order for costs - costs against applicant director - whether applicant "real party" to litigation - Gdanski v Palms Court Management Pty Ltd [2017] VSCA 348 Ruth C A Higgins / The Australian judicial system : causes for dissatisfaction K M Hayne / Barwick, bankruptcy and the human dimension Andrew Greenwood / Obituaries

Bond law review, Volume 29(2), December 2017 - in this issue : Trial by motive David Field / Collaborating with students to create law assessment : a case study Alex Deagon / Sexism and the bar and the equitable briefing policy : a well-meaning but misguided response to gendered briefing practices Ryan Chan / Mahoratarianism James Allen

University of New South Wales Law Journal, Vol 41(1), 2018 - in this issue : Using parliamentary materials in interpretation : insights from parliamentary process Jacinta Dharmananda / The role of committees in rights protection in federal and state parliaments in Australia Laura Grenfell and Sarah Moulds / Law and proverty : a paradox Ronald Sackville / The treatment of Australian children in detention : a human rights law analysis of media coverage in the wake of abuses at the Don Dale Detention Centre Kate Fitz-Gibbon / Victim impact statements and sentencing homicide offenders : a critical analysis of recent changes to the Crimes (Sentencing Procedure) Act 1999 (NSW) Tracey Booth / Legal responses to non-consensual smartphone recordings in the context of domestic and family violence Heather Douglas and Mark Burdon / The legalities of revoking university degrees for misconduct : recommendations for Australian universities Pnina Levine and Michelle Evans / What do trial judges cite? Evidence from the New South Wales District Court Russell Smyth / Divided performance of patented methods in Australia : a call to codify procedure infringement Johnathon E Liddicoat

Australian research has proven that "deaf people have the ability to understand complex legal discourse in a courtroom setting using sign language interpretation and, therefore, are able to discharge the functions of juror", according to the award-winning article Justice is blind as long as it isn’t deaf : excluding deaf people from jury duty – an Australian human rights breach, Australian Human Rights Journal, Volume 23(3) p 332-350 by David Spencer, Mehera San Roque, Jemima Napier and Sandra Hale. The article is available here.

There is a fundraising initiative by Deaf Australia Inc to fight for the rights of Deaf and people with disability to serve as jurors, see http://juryrightsforall.org.au/.

Alley v Gillespie [2018] HCA 11 - the court unanimously found that the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) doesn't confer jurisdiction on the court to determine whether a person is a person declared by the Constitution to be incapable of sitting as a senator or as a member of the House

Australian Securities and Investments Commission v Cassimatis (No 9) [2018] FCA 385 - inappropriate financial advice Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited [2018] FCA 360 - the court found that Heinz misled the public about the nutritional benefits of its Little Kids Shredz range

Downer EDI Rail Pty Ltd v John Holland Pty Ltd; John Holland Pty Ltd v QBE Insurance (Australia) Ltd (No 5); Kellogg Brown & Root Pty Ltd v John Holland Pty Ltd (No 4) [2018] NSWSC 326 - contracts

Fraud Detection & Reporting Pty Ltd v Department of Justice [2018] NSWCATAD 63 - access to government information

Malek Fahd Islamic School Limited v Minister for Education and Training [2018] FCAFC 37 - whether school was "fit and proper to be an approved authority" under the Australian Education Act 2013 (Cth)

Rush v Nationwide News Pty Ltd [2018] FCA 357 - "defamatory imputations"

University of Sydney v ObjectiVision Pty Limited [2018] FCA 393 - legal professional privilege and whether under common law sending a letter of advice to third parties constitutes waiver of privilege and whether legal professional privilege exists in relation to notes of meeting with external solicitors and third parties

Voxson Pty Ltd v Telstra Corporation Limited (No 10) [2018] FCA 376 - whether leave to admit experimental evidence should be granted

Freedom to libel? Samuel Marsden v Philo Free : Australia's first libel case / Peter G Bolt and Malcolm Falloon (eds)

The law of assignment (3rd ed) / Marcus Smith and Nico Leslie

Liquidated damages and penalty clauses / Roger Halson

Set off law and practice : an international handbook (3rd ed) / William Johnston, Thomas Werlen and Frederick Link (eds)

Bondage, enslavement, servitude : New South Wales follows suit and proposes modern slavery law by Natalie Caton, Rani John and Nicholas Turner of DLA Piper

Discrimination law update - in the era of #METOO by Kellie Edwards of Greenway Chambers

The Draft EU Withdrawal Agreement - line by line - an analysis of the text by Professor Catherine Barnard of the University of Cambridge

Is this Australia's biggest deadbeat dad? by Amelia Trotman of Armstrong Legal

Law Report (ABC) for 20 March presented by Erica Vowles, stories include Study finds defamation not just for the rich and famous and Modern warfare and challenges for IHL

TechTalks : Cyber security by Michael Williams of Gilbert + Tobin

Who is it that doesn’t like Mondays? by Rosalind English on the UK Human Rights Law Blog, considers Moylett v Geldoff and Anor (unreported), Chancery Division, Carr J, 14 March 2018

Robin Thicke, Pharrell Williams copied from Marvin Gaye in Blurred Lines, court confirms - the 9th US Circuit Court of Appeals has upheld the copyright infringement verdict against Robin Thicke and Pharrell Williams over the song Blurred Lines

Federal court reports, Volume 251(3), March 2018 - in this issue : Australian Conservation Foundation Inc v Minister for Environment and Energy / Australian Conservation Foundation Inc v Minister for Environment / Colin R Price and Associates Pty Ltd v Fourt Oaks Pty Ltd / Luck v Chief Executive Officer of Centrelink / Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd

Australian journal of competition and consumer law, Volume 61(1), March 2018 - in this issue : Online scams and spam - legal measures to stem the rising tide Adrian Coorey / The sound of one hand shaking itself : inchoate cartel conduct under the Competition and Consumer Act 2010 Brendan Walker-Munro / Mobile infrastructure regulation in Australia : is light-touch regulation appropriate? Angela Flannery / Applying the new declaration criteria : how have the amendments to the declaration changed the landscape of regulated access in Australia? Jessica Kate Rusten / Do not mention the Olympics Bernard McCabe / Part XIB : the survivor Holly Raiche / Failure to properly consider a party's case : you can bet it will be appealed : ACCC v Australian Competition Tribunal Ketki Kotwal / An attempt to induce a cartel, or an example of a concerted practice? ACCC v Australian Egg Corp Ltd Matthew Barry / The limitations on compensation orders Damien O'Brien QC / The Australian Energy Regulator : a year in review Paula Conboy / Report from India Swati Sharma and Abhilasha Nautiyal / Report from Latin America Omar Guerrero Rodriguez and Martin Michaus-Fernandez

Blockchain - driving adoption and navigating challenges - podcast from DLA Piper

“Genetic affinity” an actionable head of damage against IVF clinic - considers ABC v Thomson Medical Pte Ltd and others [2017] SGCA 20 a decision relating to reproductive rights and negligence in an IVF clinic

Judicial oversight of royal commissions by Hernan Pintos-Lopez of Greenway Chambers

A national approach to PFAS contamination by Meg Lee of Gadens - PFAS are per-and poly-fluoroalkyl substances

Respecting and enhancing local character : changes to NSW planning process on the way by Christine Covington of Corrs Chambers Westgarth

Statutory wills : adding complexity by Craig Birtles of 13 Wentworth

Australian bar review, Volume 45(1), February 2018 - in this issue : Issues with the use of ADR in will disputes Ian Davidson / What is in a word? 'Legitimate' interests and expectations as common law criteria Hon William Gummow AC / 'Squizzy' and the cuckold : how majority jury verdicts got their Australian foothold Greg Taylor / The balance of Barclay : an analysis of the methods used to determine 'adverse action' cases Nicholas Saady / The importance of federal jurisdiction Justice Alan Robertson / Return to the CCL : advocacy and unthinkable challenges Hon Michael Kirby AC CMG

University of Queensland law journal, Volume 36(2), 2017 - in this issue : Judicial power and judicial responsibility Gregoire Webber / On judicial rascals and self-appointed monarchs : the rise of judicial power in Australia Nicholas Aroney and Benjamin Saunders / Judicial power, living tree-ism, and alterations of private rights by unconstrained public law reasoning Dwight Newman / Judicial restraint can also undermine constitutional principles : an Irish caution Maria Cahill and Sean O Conaill / Judicial power and the United Kingdom's changing constitution Mark Elliott / The courts, devolution, and constitutional review Christopher McCorkingdale, Aileen McHarg and Paul F Scott / Brexit, prerogative and the courts : why did political constitutionalists support the government side in Miller? Gavin Phillipson / Judicial activism in the Court of Justice of the EU Gunnar Beck / Judicial power, the judicial power project and the UK Paul Craig / Putting judicial power in its place Richard Ekins and Graham Gee

Commonwealth law reports, Volume 259(4), March 2018 - in this issue : Bondelmonte v Bondelmonte / Cunningham v The Commonwealth / Lyons v Queensland / RP v The Queen

New South Wales law reports, Volume 94(4), March 2018 - in this issue : Anderson v Anderson / Dial A Dump Industries Pty Ltd v Roads and Maritime Services / Dickson v R / Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd / Miller Heiman Pty Ltd v Sales Principles Pty Ltd / Nadinic v Drinkwater

Ecclesiastical Law (4th ed) / Mark Hill

Government contracts : federal, state and local (6th ed) / Nicholas Seddon

Miller on contempt of court (4th ed) / C J Miller and David Perry

Millers Australian competition and consumer law annotated 2018 (40th ed) / Russell V Miller

The continuing evolution of the 'best interests' duty for superannuation trustees from Cowan v Scargill to the current regulatory framework speech by Justice Moshinsky, 9 March

Driverless cars and the law - Law in Action, looks at the isse from a UK perspective

New planning authorities and changes to the development assessment process by Dianna Grant and Alan McKelvey of Sparke Helmore

A wide 'business like' approach to conduct constituting 'professional activities' by an insured from DLA Piper - considers Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liq) [2018] FCAFC 9

New/updated Bills

Child Protection (Working with Children) Amendment (Statutory Review) Bill 2018 - introduced in the Legislative Council and second reading, 14 March

Companion Animals Amendment (Dining Areas) Bill 2017 - introduced in the Legislative Assembly and second reading, 15 March

Smoke-free Environment Amendment Bill 2018 - introduced in the Legislative Assembly and second reading, 13 March

Bills passed by both houses of parliament

Casino Control Amendment Bill 2018 - awaiting assent, 14 March

Gaming Machines Amendment (Leasing and Assessment) Bill 2018 - awaiting assent, 14 March

Liquor and Gaming Legislation Amendment Bill 2018 - awaiting assent, 15 March

Registered Clubs Amendment (Accountability and Amalgamations) Bill 2018 - awaiting assent, 14 March

State Debt Recovery Bill 2017 - awaiting assent, 15 March

Work Health and Safety Amendment Bill 2018 - awaiting assent, 14 March

DGB v Commissioner of Victims Rights [2018] NSWCATAD 55 - purpose of victims support, clear intention of Parliament to exclude some claims

Huang v Ceylan [2018] NSWSC 306 - defendant sold plaintiffs a three-bedroom apartment when development consent only permitted two-bedroom apartments, on discovery the plaintiffs rescinded the contract, the court found that the plaintiffs had validly rescinded the contract

Prysmian Cavi E Sistemi S.R.L. v Australian Competition and Consumer Commission [2018] FCAFC 30 - alleged contravention of the Trade Practices Act 1974 (Cth)

W Hoy Pty Ltd v W.T.H. Pty Ltd [2018] FCA 310 - franchising agreements, unconscionable conduct