The Library Bulletin

The National Integrity Commission Bill 2018 (Cth) was introduced by Cathy McGowan MP in the House of Representatives on 26 November, see the Bill homepage here, it was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 29 November 2018, the report is due 5 April 2019, therefore it will not become law before parliament is prorogued before the federal election. It will need to be re-introduced after the election.

Also see the open letter signed by 34 former judges which calls for a corruption watchdog

Schedule 1.16 of the Justice Legislation Amendment Bill (No 3) 2018 (NSW) will amend the District Court Act 1973 in relation to the commercial jurisdiction of the court.

On 21 November the Bill was passed without amendment in the Legislative Council and is awaiting assent, see information here.

According to s 2, schedule 1.16 will commence on assent, see the Bill here.

The page Legislative process explained on the Parliament of NSW site does not provide any guidance on the time between when a Bill has been passed and assent, see assent here.

Acts proclaimed

Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018 - 3 December 2018 proclaimed as the day on which Schedule 1 [2], [10], [12]–[15] and [20] and Schedule 2.4 commence, and 20 May 2019 as the day on which Schedule 1 [1], [3]–[9], [11] and [17]–[19], and Schedule 2.1–2.3, commence. Published on legislation website 23 November

Bills assented to

Combat Sports Amendment Act 2018 - assented to 22 November 2018, not in force

Conveyancing Legislation Amendment Act 2018 - assented to 22 November 2018. Date of commencement (except Schs 1 [1]–[3], [6], [7], [12]–[14] and [16]–[18] and 2): not in force; date of commencement of Schs 1 [1]–[3], [6], [7], [12]–[14] and [16]–[18] and 2, assent, sec 2 (2)

Crimes (Administration of Sentences) Legislation Amendment Act 2018 - assented to 22 November 2018. Date of commencement, Sch 1 [1] excepted, assent, sec 2 (1); date of commencement of Sch 1 [1], 24 September 2018, sec 2 (2)

Government Sector Finance Legislation (Repeal and Amendment) Act 2018 - assented to 22 November 2018, not in force

Health Legislation Amendment Act (No 3) 2018 - assented to 22 November 2018. Date of commencement (except Schs 1, 2 [1], 3 [1] and [2], 4 [3] and 6), assent, sec 2 (1); date of commencement of Sch 1, one month after assent, sec 2 (2); date of commencement of Schs 2 [1], 3 [1] and [2], 4 [3] and 6: not in force

Public Works and Procurement Amendment (Enforcement) Act 2018 - assented to 22 November 2018, not in force

Saint Paul’s College Act 2018 - assented to 22 November 2018, not in force

Awaiting assent

Building and Construction Industry Security of Payment Amendment Bill 2018 - awaiting assent, 21 November

Children and Young Persons (Care and Protection) Amendment Bill 2018 - awaiting assent, 22 November

Community Protection Legislation Amendment Bill 2018 - awaiting assent, 21 November

Crimes (Domestic and Personal Violence) Amendment Bill 2018 - awaiting assent, 21 November

Crimes Legislation Amendment Bill 2018 - awaiting assent, 22 November

Crimes Legislation Amendment (Victims) Bill 2018 - awaiting assent, 21 November

Fair Trading Legislation Amendment (Miscellaneous) Bill 2018 - awaiting assent, 21 November

Government Information (Public Access) Amendment Bill 2018 - awaiting assent, 21 November

Justice Legislation Amendment Bill (No 3) 2018 - awaiting assent, 21 November

Mental Health (Forensic Provisions) Amendment (Victims) Bill 2018 - awaiting assent, 21 November

National Disability Insurance Scheme (Worker Checks) Bill 2018 - awaiting assent, 22 November

Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018 - awaiting assent, 21 November

Retirement Villages Amendment Bill 2018 - awaiting assent, 21 November

Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 - awaiting assent, 21 November

Snowy Hydro Corporatisation Amendment (Snowy 2.0) Bill 2018 - awaiting assent, 21 November

Surveillance Devices Amendment (Statutory Review) Bill 2018 - awaiting assent, 21 November

Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 - awaiting assent, 21 November

Victims Rights and Support Amendment (Motor Vehicles) Bill 2018 - awaiting assent, 21 November

Workers Compensation Legislation Amendment (Firefighters) Bill 2018 - awaiting assent, 22 November

In Legislative Assembly

Fair Trading Amendment (Cash Loan Machines) Bill 2018 - in Legislative Assembly, notice of motion, 20 November

Residential (Land Lease) Communities Amendment (Utility Charges) Bill 2018 - in Legislative Assembly, notice of motion, 21 November

In Legislative Council

Climate Change Bill 2018 - in Legislative Council, notice of motion, 21 November

Chitty on contracts (33rd ed) / H G Beale (ed)

Collective bargaining under the Fair Work Act / Shae McCrystal, Breen Creighton, Anthony Forsyth (eds)

Control of government action : text, cases and commentary (5th ed) / Robin Creyke, John McMillan and Mark Smyth

Elder law : a guide to working with older Australians / Sue Field, Karen Williams and Carolyn Sappideen

Family violence in Australia : the legal response / Renata Alexander

The law relating to international banking (2nd ed)/ Andrew Haynes

The legal status of intersex persons / Jens M Scherpe, Anatol Dutta and Tobias Helms (eds)

Patent law in Australia (3rd ed) / Colin Bodkin

Pearce & Stevens' trusts and equitable obligations (7th ed) / Robert Pearce and Warren Barr

Rape law in context : contesting the scales of injustice / Simon Bronitt and Patricia Easteal

The Yale law school guide to research in American legal history / John B Nann and Morris L Cohen

On 23 November the NSW Government ordered an independent review of sentencing for murder and manslaughter offences, including those involving domestic and family violence. See details here.

Abandoned claims and sunk costs : apportioning costs to reflect 'wins' and 'loses' in litigation by Chiara Rawlins of McCabe Curwood - considers Donau Pty Limited (formerly Forgacs Engineering Pty Ltd) v ASC AWD Shipbuilder Pty Limited (No 2) [2018] NSWSC 1589 and offers of compromise

Dissolved company’s files "still privileged", says court by Nick Hilborne of LegalFutures - considers Addlesee & Others v Dentons Europe [2018] EWHC 3010 (Ch)

Expert evidence : to be or not to be admitted? by Rebecca Hosking and Edward Basha of HWL Ebsworth - considers s 79 of the Evidence Act 1995 (NSW) and the decision in Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 2) [2018] NSWSC 1374

Fair Work Commission orders compensation for distressing employment termination by Jenny Humphris, Edmund Burke and Alex Buck of Holding Redlich - considers Andrew Roos; Loretta Roos; Bree Dargan v Winnaa Pty Ltd [2018] FWC 5692

Law in Action (BBC) for 20 November presented by Joshua Rozenberg - Peacemaking, New York style

Law Report (ABC) for 20 November presented by Damien Carrick - Radio on the inside

The Meriton Rating Appeal – when 'for residential accommodation' means being capable of providing residential accommodation by Patrick Ibbotson, Michael Winram and Matthew Pearce of Maddocks - considers Bayside Council v Karimbla Properties (No 3) Pty Ltd [2018] NSWCA 257

Whose invention is it anyway? 5 questions on patent ownership that inventors and patent owners should always be prepared to answer by Michelle Lee and Edward Genocchio of Spruson and Ferguson - examines ownership and inventorship of a patent rights

Brief, Volume 45(10), November 2018 - in this issue : Good mental health as an essential component of the 'good lawyer' Alan Cameron AO FAAL / Money for nothing Gino Dal Pont / The ipso facto reforms Elisabeth Edwards, Chris Pearce and Lorna Clarke / Asked to be an executor? What are the income tax liabilities of an executor/legal personal representative? John Hockley / Trustees' rights of indemnity - a right of retention? Grahame Young / How will the Duties Amendment (Additional Duty for Foreign Persons) Act 2018 (WA) affect discretionary trusts? When will a discretionary trust be considered a 'foreign trust'? Jim O'Donnell / In pursuit of knowledge : the advantage of being a 'generalist' The Hon Justice Peter Quinlan / Evidence in family law proceedings John Hedges / The adaptability of the common law to change The Hon Susan Kiefel AC / Family law case notes Robert Glade-Wright / The tale of the unfortunate letter John McKechnie QC / Eulogy for the Honourable John Wickham QC Jonathan Wickham

Psychiatry, psychology and law, Volume 25(4), August 2018 - in this issue : Impact of gruesome photographic evidence on legal decision : a meta-analysis Rebecca Hofstein Grady, Lauren Reiser, Robert J Garcia, Christian Koeu and Nicholas Scurich / The impact of clinical diagnosis and plaintiff's award request on mock juror damage awards and injury perceptions Len Lecci and Alexia Martin / Juror perceptions of false confessions versus witness recantations Paula A Bernhard and Rowland S Miller / Safeguarding rights to liberty and security where people with disability are subject to detention and restraint : a practical approach to the adjudication, interpretation and making of law (part two) Kim Chandler, Ben White and Lindy Willmott / Report writing in the forensic context : recurring problems and the use of a checklist to address them Micaiah Zwartz / Visual communication desensitization (VCD) : a novel two-phased approach to interviewing traumatized individuals in investigative contexts Jane Mary Castelfranc-Allen and Lorraine Hope / Judicial stress : the roles of gender and social support Monica K Miller, Jenny Reichert, Brian H Bornstein and Grant Shulman / A happy life : exploring how job stress, job involvement, and job satisfaction are related to the life satisfaction of Chinese prison staff Eric G Lambert, Shanhe Jiang, Jianhong Liu, Jinwu Zhang and Eunsuhk Choi

Sydney law review, Volume 40(3), September 2018 - in this issue : Bargaining in the shadow of the folk law : expanding the concept of the shadow of the law in family dispute resolution Jonathan Crowe, Rachael Field, Lisa Toohey, Helen Partridge and Lynn McAllister / Prosecuting child offenders : factors relevant to rebutting the presumption of doli incapax Thomas Crofts / Government-funded health research contracts in Australia : a critical assessment of transparency Nola M Ries and Kypros Kypri / Abortion protests and the limits of freedom of political communication : Clubb v Edwards; Preston v Avery Shireen Morris and Adrienne Stone / "All necessary measures" to avoid fragmentation : reflections on the UK Supreme Court's 2017 Al-Waheed decision Alyssa Glass

On the 13th of November Senator Larissa Waters moved that the Federal Government establish a national anti-corruption commission, see here

AIT18 v Australian Information Commissioner [2018] FCAFC 192 - human rights, privacy, interpretation of Information Privacy Principle 11.1

Grass v Slattery [2018] FCA 1719 - torts, misfeasance in public office, "whether administrative decision-makers actions' and officials' actions pursued with malice"

McFarlane v Corrective Services NSW [2018] NSWIRComm 1073 - unfair dismissal, out-of-hours criminal conduct

The Owners - Strata Plan No. 4983 v Canny [2018] NSWCA 275 - exclusive jurisdiction of Land and Environment Court

Silvia (Trustee) v Williams [2018] FCAFC 194 - common intention constructive trust

Commonwealth law reports, Volume 261(4), November 2018 - in this issue : Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd / Plaintiff M96A/2016 v The Commonwealth / Plaintiff S195/2016 v Minister for Immigration and Border Protection / R v Dickman / State Revenue (Vic), Commissioner of v ACN 005 057 349 Pty Ltd

Federal Court reports, Volume 257(1), November 2018 - in this issue : ARJ17 v Minister for Immigration and Border Protection / Charles v Sheffield Resources Ltd / Immigration and Border Protection, Minister for v BBS16 / Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd

South Australian state reports, Volume 131(1), November 2018 - in this issue : D v Director of Public Prosecutions (Cth) / R v A, N / R v Ahmadi / R v Cronin / R v Hosseini / R v M, A / R v M, RS / Return to Work Corporation (SA) v Preedy / Safework SA v Adelaide Mobile Lunch Services Pty Ltd / Sotirianakos v Commissioner of Highways

State reports (Western Australia), Volume 95(4), November 2018 - in this issue : BGC (Aust) Pty Ltd v Machali / Briggs v Wachs-Pilbara (Hedland Health Campus) / Chin v Daymaster Pty Ltd / EF v Mental Health Tribunal / Nursing and Midwifery Board of Australia v Roe

Australian Securities and Investments Commission v Westpac Banking Corporation [2018] FCA 1733 - "joint application for declarations of contravention and penalty by consent",
National Consumer Credit Protection Act 2009 (Cth) ss 128, 129, 130, 166

Comptroller General of Customs v Zappia [2018] HCA 54 - customs and excise

Olefines Pty Ltd v Valuer-General of New South Wales [2018] NSWCA 265 - statutory interpretation, "primacy of text"

Tony Strickland (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Donald Galloway (A Pseudonym) v Commonwealth Director of Public Prosecutions & ors; Edmund Hodges (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Rick Tucker (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors [2018] HCA 53 - full text now available

Roads and Maritime Services v East Coast Wharf Constructions Pty Ltd; Roads and Maritime Services v King [2018] NSWLEC 182 - whether Roads and Maritime Services “an appropriate regulatory authority” to bring proceedings for an offence under the Protection of the Environment Operations Act 1997 (NSW)

SAS Trustee Corporation v Miles [2018] HCA 55 - superannuation, police pensions

The guide to advocacy (3rd ed) / Stephen Jagusch and Philippe Pinsolle (eds)

Legitimate expectations in the common law world / Matthew Groves and Greg Weeks (eds)

Vicarious liability : critique and reform / Anthony Gray

Acts proclaimed

Forestry Legislation Amendment Act 2018 — 9 November 2018 appointed as the day on which the Act (except Schedule 3.7 [1]) commenced

Health Practitioner Regulation Amendment Act 2017 - 1 December 2018 appointed as the day on which the uncommenced provisions of the Act commence

Road Transport and Related Legislation Amendment Act 2017 - 3 December 2018 appointed as the day on which the uncommenced provisions of the Act commence

Western City and Aerotropolis Authority Act 2018 - 9 November 2018 appointed as the day on which that Act (except section 27) commenced

Bills awaiting assent

Combat Sports Amendment Bill 2018 - awaiting assent, 13 November

Conveyancing Legislation Amendment Bill 2018 - awaiting assent, 13 November

Crimes (Administration of Sentences) Legislation Amendment Bill 2018 - awaiting assent, 13 November

Government Sector Finance Legislation (Repeal and Amendment) Bill 2018 - awaiting assent, 15 November

Health Legislation Amendment Bill (No 3) 2018 - awaiting assent, 14 November

Public Works and Procurement Amendment (Enforcement) Bill 2018 - awaiting assent, 14 November

Saint Paul's College Bill 2018 - awaiting assent, 14 November

In Legislative Assembly

Children and Young Persons (Care and Protection) Amendment Bill 2018 - in Legislative Assembly, second reading debate, debate interrupted, 15 November

Community Protection Legislation Amendment Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 13 November

Justice Legislation Amendment (Walama Court) Bill 2018 - in Legislative Assembly, second reading debate, debate interrupted, 15 November

National Disability Insurance Scheme (Worker Checks) Bill 2018 - in Legislative Assembly, second reading debate, debate interrupted, 15 November

National Parks and Wildlife Legislation Amendment (Riverina) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 15 November

Saint Andrew's College Repeal Bill 2018 - in Legislative Assembly, notice of motion, 14 November

In Legislative Council

Crimes Amendment (Zoe's Law) Bill 2017 - in Legislative Council, second reading, debate interrupted, 15 November

Crimes Legislation Amendment (Victims) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, 14 November

Government Information (Public Access) Amendment Bill 2018 - in Legislative Council, awaiting minister's second reading speech, 14 November

Justice Legislation Amendment Bill (No 3) 2018 - in Legislative Coucil, awaiting minister's second reading speech, 14 November

Protection of the Environment Operations Amendment (Clean Air) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 15 November

Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 - in legislative Council, awaiting second reading debate, 13 November 2018

Workers Compensation Legislation Amendment (Firefighters) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, 14 November

As mentioned last week, Schedule 1.16 of the Justice Legislation Amendment Bill (No 3) 2018 proposes amendments to the District Court Act 1973 (NSW) in relation to the commercial jurisdiction of the New South Wales District Court, see the Bill homepage.

The Bill passed the Legislative Assembly on 13 November and had its first reading in the Legislative Council on 14 November, it is now awaiting the minister's second reading speech.

Schedule 1.16 of the Justice Legislation Amendment Bill (No 3) 2018 proposes amendments to the District Court Act 1973 (NSW) in relation to the commercial jurisdiction of the New South Wales District Court, see the Bill homepage.

The second reading debate in the Legislative Assembly was adjourned 24 October and the Bill is listed 5th in the order of business in the business paper for 13 November, see here.

I defended my daughter's right to get a haircut. This is what happened next by Amy Carr on ABC News

Law in Action (BBC) for 13 November presented by Joshua Rozenberg - How did the US Supreme Court become so powerful?

Law Report (ABC) for 13 November presented by Damien Carrick - Promoting indigenous economic empowerment and Israeli Civil rights group : proposed law may curtail power of nation's Supreme Court

Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Garba case presented by Professor Ian Freckelton QC - considers Bawa-Garba v R [2016] EWCA Crim 1841, General Medical Council v Bawa-Garba [2018] EWHC 76 (Admin) and Bawa-Garba v The General Medical Council & Ors [2018] EWCA Civ 1879

Precision in criminal law by Andrew Fraser of Armstrong Legal - considers Lane v The Queen [2018] HCA 28

Sigma Pharmaceuticals case clarifies aspects of compensable loss by Lucy Hartland and Khajaque Kortian of Spruson and Ferguson - considers Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2018] FCA 1556

Australian law journal, Volume 92(10), October 2018 - in this issue : Current issues Justice Francois Kunc (ed) - Climate change and the law / Climate change and the law - introduction Martijn Wilder AM / An overview of international climate change law, including the Paris Agreement Susan Biniaz / Climate change law in australia - a history and the current state of play Ilona Millar and Sophie Whitehead / Creating, buying and safeguarding emission reductions under the Emissions Reduction Fund Elisa de Wit and Amy Quinton / Mapping climate change litigation The Hon Brian J Preston SC / Obligations on Australian companies to address climate change Stephanie Venuti and Martijn Wilder AM / The future of Australia's federal renewable energy law James Prest and Grace Soutter / The Victorian Climate Change Act : a model Alainnah Calabro, Stephanie Niall and Anna Skarbek / Climate finance and financial markets in Australia : the CEFC and ARENA Monique Miller / Carobon dioxide removal geoengineering Dr Kerryn Brent, Professor Jan McDonald, Dr Jeffrey McGee and Dr Brendan Gogarty / Biodiversity conservation law and climate change adaptation Dr Phillipa C McCormack / Reports - Mighty River International Ltd v Hughes; Mighty River International Ltd v Mineral Resources Ltd [2018] HCA 38, R v Bauer (a pseudonym) [2018] HCA 40, QLN147 v Republic of Nauru [2018] HCA 41

Taxation in Australia, Volume 53(5), November 2018 - in this issue : Defining true advocacy in the tax profession Tracey Rens / It's not too late to hit your professional development goals Giles Hurst / Refund of excess imputation credits Robert Deutsch / October - what happened in tax? TaxCounsel Pty Ltd / Base rate entity : aggregated turnover text TaxCounsel Pty Ltd / Taxing times for Australian expats overseas Peter Bembrick / Enhancing legal research skills Joyce Liu / Cheryl Mallett, CTA, Vita Gustafson and Associates / Tax consolidation : a review of the recommended changes Helen Wicker / Is the deemed in-house asset rule unconstitutional? Christopher Bevan / The hybrid mismatch rules : impact on foreign investors Wendy Hartanti, Hendrick Hilgenfeld and Wictor Pak / Personal liability of a trustee to tax on trust income : part 1 Sam Campbell / SMSF succession strategies Daniel Butler / Separating the cash and the credit Michael Norbury

Federal Court reports, Volume 256(4), November 2018 - in this issue : Folau v Minister for Immigration and Border Protection / Northern Territory v Griffiths

Biting and spitting by Tyson Brown of Armstrong Legal - examines the law relating to biting a person or spitting on a person in NSW

Civil justice reforms in class actions and litigation funding presented by The Hon Justice Bernard Murphy at the ALFA Class Action Litigation Funding Reform Conference, 26 October

Concurrent expert evidence : still flavour of the month? presented by The Hon Justice John Middleton at the 2018 IPSANZ Annual Conference, 9 September

Criminology at the periphery : understanding police work in the remote Northern islands of Scotland presented by Dr Anna Souhami, Senior Lecturer at the University of Edinburgh School of Law - examines "understanding of 'place' and what it means when applied to criminological research"

Defamation trials : why plaintiffs are rush(ing) to file in the Federal Court by Richard Leder, Sanjay Schrapel and Conor O’Beirne of Corrs Chambers Westgarth - examines the benefits of filing defamation actions in the Federal Court

Extension of term for pharmaceutical patents in Australia - overview and recent developments by Dr Tim Fitzgerald, Dr Declan McKeveney and Dr Gint Silins of Spruson and Ferguson - examines extension of pharmaceutical patents

International arbitration - Australian courts' power to grant interim freezing orders by Jeremy Quan-Sing and Caitlin Moustaka of Allens Linklaters - considers Duro Felguera Pty Ltd v Trans Global Projects Pty Ltd (in liq) [2018] WASCA 174

Introduction of seven day timeframe for termination payments in Modern Awards by Vanessa Andersen of Maddocks - from 1 November 2018 a new model clause took effect in modern awards

Law In Action (BBC) for 6 November presented by Joshua Rozenberg - Can the law rein in Amazon?

Law Report (ABC) for 6 November presented by Damien Carrick - Pixilated prisoners : having your day in court via audio visual link

One injury, but two events – how does a Medical Review Panel go about assessing causation in these circumstances? by Elana Chandran of McCabe Curwood - considers Smith v Insurance Australia Ltd [2018] NSWSC 1606

Preventing the HR hangover : vicarious liability and the office Christmas party by Rachel Drew and Rose Sanderson of Holding Redlich - examines office Christmas parties and vicarious liability

A rose by any other name (may still infringe copyright) by Jennifer Huby and Ben Cameron of HWL Ebsworth - it is not true that if you change a certain percentage of an original design, you won't infringe copyright

Civil fraud : law, practice and procedure / Thomas Grant and David Mumford

Formation and variation of contracts (2nd ed) / John Cartwright

Goode on principles of corporate insolvency law / fifth edition by Kristin van Zwieten

The invisible constitution in comparative perspective / Rosalind Dixon and Adrienne Stone

Laddie, Prescott and Vitoria, The modern law of copyright and designs (5th ed) / Adrian Speck et al

Sentencing in Australia (6th ed) / Mirko Bagaric, Richard Edney and Theo Alexander

Singapore international arbitration : law and practice (2nd ed) / David Joseph and David Foxton (eds)

The Commonwealth Attorney-General and Minister for Indigenous Affairs have released exposure drafts of the Native Title Legislation Amendment Bill 2018 and the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018, for public comment.

The closing date for submissions is 10 December 2018 - see details here

Attorney General for New South Wales v Gatsby [2018] NSWCA 254 - "nature and extent of judicial power"

BDS17 v Minister for Immigration and Border Protection [2018] FCA 1683 - admissibility of coincidence evidence

Hanson-Young v Leyonhjelm [2018] FCA 1688 - practice and procedure, "application to strike out Statement of Claim under r 16.21 of the Federal Court Rules 2011 (the FCR) – claim that the defamatory imputations are pleaded as “particulars” rather than “substantive averments”"

McPhillamy v The Queen [2018] HCA 52 - sexual offences, tendency evidence

Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51 - leave to appeal

Strickland (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Galloway (A Pseudonym) v Commonwealth Director of Public Prosecutions & ors; Hodges (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Tucker (A Pseudonym) v Commonwealth Director of Public Prosecutions & Ors [2018] HCA 53 (full decision not yet available on site) - examination by ACC, "unfair forensic advantage", "abuse of process"

Wehbe v Minister for Home Affairs [2018] HCA 50 - judicial review, jurisdictional error

Law Institute journal, Vol 92(11), November 2018 - in this issue : Law and order election Karin Derkley / Statement from Attorney-General Martin Pakula / Statement from shadow Attorney-General John Pesutto / Statement from Greens justice spokesperson Sue Pennicuik / The parties respond / Justice Michelle Quigley / They found my iPhone Paul McGorrery / Hungry for reform Joe Lederman / Substantially identical? Margaret Ryan / The great Australian puzzle Farrah Leipper / Regulators mount up Tasman Fleming / High Court judgments Andrew Yuile / Federal Court judgments Dan Stark QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Call for victims of crime shake-up VLRC / Be secure when advising lenders Legal Practitioners' Liability Committee / Scary short-stays Russell Cocks / Gateway to justice Gillian Triggs / Fighting the good fight Vanessa Shambrook / Equine lore Carolyn Ford / Stress out SANE / Empire builder changes lives Karin Derkley

Law Society journal, Issue 50, November 2018 - in this issue : Services, services, services to stem prison numbers Jane Southward / Six minutes with... Nicholas Stewart, partner at Dowson Turco lawyers Melissa Coade / 'Worrying' levels of bullying in the profession / For the love of animals Melissa Coade / A controversial alternative Kate Allman / The top 5 trends of future legal practice LSJ Team / Lawyers of the land Melissa Coade / People power Dominic Rolfe / Why and how to silence your inner critic Rachel Setti / A day in the life of... Fadak Alfayadh, Australian lawyer and refugee Melissa Coade / Walking on the wild side Kate Allman / The power of magnesium Joanna McMillan / Move it or lose it Kate Allman / The case that changed me Justice Francois Kunc / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Changes to Australian Consumer Law : key benefits for vulnerable consumers Laura Bianchi / Recognising an new form of legal practice : limited scope services Michael Legg / Succession planning : why communication between lawyers and accountants is crucial Jim Main / Working with children scheme five years on and recent legislative changes Sharmine Niles / Limitation issues in solicitor/client costs Michelle Castle and Andrew Bailey / The spotlight on sexual harassment continues Jack De Flamingh and Erin Kiley / Dealing with unrepresented litigants Lucy Williams and Rosemary Workman / Solicitors as executors : responsibilities and rewards John Clarke / The many guises of informal wills Darryl Browne / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Wills and estates Darryl Browne / Criminal law Thomas Spohr

Family law reports, Volume 58(4), October 2018 - in this issue : Dewell v Harris / Harris v Dewell / Huda v Huda / Laham v Huda / Quant v Bonde / Tibb v Sheean

New South Wales law reports, Volume 96(3), November 2018 - in this issue : Boyce v Allianz Australia Insurance Ltd / Boyd v Thorn / Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) / Dasreef Developments Pty Ltd v Velkovski / Kawasaki Heavy Industries, Ltd v Laing O'Rourke Australia Construction Pty Ltd

State reports (Western Australia), Volume 95(3), November 2018 - in this issue : Gnech Building Co v Town of Claremont / Intercorp Pty Ltd v Commissioner of State Revenue / Pyramid Construction (WA) Pty Ltd v Owners, Strata Plan 47111 / Seares v Owners, Matilda Units Strata Plan 33443

Country Carbon Pty Ltd v Clean Energy Regulator [2018] FCA 1636 - application for judicial review of decisions made by Clean Energy Regulator under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth)

McFarland v Gertos [2018] NSWSC 1629 - land law, possessory title

Saric v Commonwealth of Australia [2018] FCA 1620 - "forfeiture of vessel entering Australian migration zone – applicant’s vessel entered Australia’s migration zone carrying persons not having evidence of holding a relevant Australian visa"

Smith v Secretary, Department of Industry [2018] NSWIRComm 1065 - unfair dismissal, offensive email communications, "applicant claimed dyslexia responsible for his communication style"