The Library Bulletin

Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2018 - lapsed 13 October

Road Rules Amendment (Slowing Down for Police and Incident Response Vehicles) Bill 2018 - lapsed 13 October

District Court law reports (NSW), Vol 26(3), October 2018 - in this issue : Ashworth (aka Otto) v Nine Network Australia Pty Ltd / Hamaidi v Xu / Hang v Hguy / Imielska v Morgan / Khalil v Fairfax Media Publications Pty Ltd / Leo v Commissioner of Police / Otto (aka Ashworth) v Gold Coast Publications Pty Ltd / Otto v Dailymail.com Australia Pty Ltd / R v Davidson / R v Pucci / Taxation, Deputy Commissioner of v Young (No 2)

Family law reports, Volume 58(2&3), October 2018 - in this issue : Camden Pty Ltd v Laue / Morse v Duarte

Western Australian reports, Volume 53(1), October 2018 - in this issue : Donovan v Western Australia / Nairn v Metro-Central Joint development Assessment Panel

Alternative law journal, Volume 43(3), 2018 - in this issue : who says we need a Human Rights Act? Simon Rice / You be the judge : no thanks! Arie freiberg, Kate Warner, Caroline Spiranovic and Julia Davis / Australia's anti-democratic 'foreign interference' Bills Michael Head / Whither no-fault schemes in Australia : have we closed the care and compensation gap? Mark R Forwood / Class actions : the flood that never came David Barda / Procedural fairness in workplace investigations : potential flaws and proposals for change Allison Ballard and Patricia Easteal / The road ahead : driver's licensing and the over-incarceration of Aboriginal peoples in Western Australia Fiona McGaughey, Teodora Pasca and Sarah Millman / Freedom of information : user pays (and still faces delays) Danielle Moon / Athletes' rights under the World Anti Doping Code : a legitimate public interest? Daniel Goldsworthy / They, their, them : a case for non-gendered language in Australian judgments Julian R Murphy / Refugee family reunion : what might have been Savitri Taylor / The road back from Kafka's castle : towards a better system of via application and review in Australia Victor Kline / from conflict to consensus : reconciling the right to freedom of religion and LGBT rights Andrew Small / Religious-based exemptions from anti-discrimination law : comparing jurisdiction that permit same-sex marriage Brendan Gogarty, Anja Hilkemeijer and Daniel Westbury

Australian law journal, Volume 92(9), September 2018 - in this issue : Current issues Justice Francois Kunc (ed) - Family court restructure debate continues, Victorian Law Reform Commission report on class actions, Indigenous recognition - much consulting going where?, Commonwealth targets for briefing female barristers, Muslims and the legal process, Explanatory note on the judicial process and participation of Muslims prepared by the Australian National Imams Council (ANIC) / Admiralty and maritime - Ownership of unclaimed wreck Dr Damien J Cremean / Family law - Threats by adult children in proceedings between their parents : contempt or miscarriage of justice? Richard Ingleby / Statutory interpretation The Hon John Basten (ed) - Evidence Act s 165B : interpretation in the shadow of Longman Alex Winn and Natalie Czapski / Personalia Emily Vale (ed) - Commonwealth - Justice Gail Sutherland, Victoria - Justice Kevin Lyons, Western Australia - Justice John Vaughan, Justice Jennifer Smith / On to Strasbourg or back to temple? The future of European law in Australia postBrexit _The Hon T F Bathurst AC and Bronte Lambourne / Searching for the searchers : the Australian legal profession and the operation of the Australian Red Cross Missing and Wounded Enquiry Bureau in World War I Tony Cunneen / Judicial decision-making in times of war and relative peace The Hon Susan Kiefel AC / The case for contradictors in approving class action settlements Jeremy Kirk / Reports - R v Falzon [2018] HCA 29, Minister for Immigration and Border Protection v SZVFW [2018] HCA 30, Federal Commissioner of Taxation v Thomas; Federal Commissioner of Taxation v Martin Andrew Pty Ltd; Federal Commissioner of Taxation v Thomas Nominees Pty Ltd [2018] HCA 31, DL v The Queen [2018] HCA 32, Re Culleton [2018] HCA 33, Hossain v Minister for Immigration and Border Protection [2018] HCA 34, Shrestha v Minister for Immigration and Border Protection; Ghimire v Minister for Immigration and Border Protection; Acharya v Minister for Immigration and Border Protection [2018] HCA 35, Nobarani v Mariconte [2018] HCA 36, HFM043 v Republic of Nauru [2018] HCA 37

Proctor, Volume 38(10), November 2018 - in this issue : Bringing the balance : public faith and the judiciary Ken Taylor / Committee works for better children's law Pip Harvey Ross / Trade marks and parallel importation : recent amendments to the Trade Marks Act 1995 (Cth) Ben Thorn / The tip of a taxation iceberg? The potential liability of a legal personal representative Ian Raspin and Angela Cornford-Scott / Sexual harassment in law : what are 'all reasonable steps' for prevention Bridget Burton / Expert evidence Kylie Downes QC / The prior convictions conundrum : should you disclose them if the prosecution fails to? Stafford Shepherd / Loss of capacity - an issue for all lawyers Christine Smyth / E-conveyancing : from growing pains to one giant leap? Molly Thomas / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments 1 to 30 September 2018 Bruce Godfrey / Husband $175k better off after wife's costs added back Robert Glade-Wright / Thriving in the legal profession Noela L'Estrange / What do your clients really value? Graeme McFadyen / Security of fees - thinking differently about money in trust : a practice idea that might make a big difference Dr Peter Lynch

Animal law in Australia : an integrated approach (2nd ed) / Alex Bruce

Australian immigration companion (8th ed) / Rodger Fernandez, Murray Gerkens, Janelle Kenny, Sherene Ozyurek, Dominic Yau

Inside lawyers' ethics (3rd ed) / Christine Parker and Adrian Evans

Kerly's law of trade marks and trade names (16th ed) / James Mellor, David Llewelyn, Thomas Moody-Stuart, David Keeling, Iona Berkeley, Ashton Chantrielle and William Duncan

The law of restructuring / Robert Boadle

MacGillivray on insurance law (14th ed) / John Birds, Ben Lynch and Simon Paul

Maritime liabilities in a global and regional context / Baris Soyer and Andrew Tettenborn

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

Are all algorithms biased? - Peter Millican, Dr Sandra Wachter, Dr Helena Webb and Dr Brent Mittelstadt of University of Oxford examine how peoples lives are shaped by automated decision-making algorithms, whether they have in-built biases and if so, how they can be dealt with

Every dog has its day - tribunal rules on interpretation of 'harsh and oppressive' by-laws concerning a pet ownership by-law by Elly Ashley and Yunsi Feng of Holding Redlich - considers Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19

Gun theft in NSW by Tyson Brown of Armstrong Legal - examines gun theft and storage

Keeping it consistent by Jacqueline Winters of McCabe Curwood - considers In the matter of Lesso Building Material Trading (Sydney) Pty Limited (administrators appointed) [2018] NSWSC 1486

Law in Action (BBC) for 30 October - examines whether serious crimes should be tried by a judge alone and bias against female lawyers in the US

Law Report (ABC) for 30 October presented by Damien Carrick - WA to review Crimes Confiscation legislation

More reforms to “clarify and strengthen” the ACL by Caroline Coops and Peta Stevenson of King and Wood Mallesons - examines the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth)

Paul Byrne Memorial Lecture 2018 : Our First Nations people in custody : a national disgrace by Phillip Boulten SC of Forbes Chambers - "Indigenous Australians are imprisoned at arguably the highest rate of imprisonment of any group of people in the world"

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

The role of law in international commercial arbitration by Chief Justice Allsop AO, presented at the CIArb Inaugural Annual Lecture, 15 October

Australian health law / Sonia Allan and Meredith Blake

Habeas corpus : Australia, New Zealand and the South Pacific (2nd ed) / David Clarke and Gerard McCoy

Mediating with families (4th ed) / Mieke Brandon and Linda Fisher

Ross on crime / Eighth edition by Mirko Bagaric

UNCITRAL arbitration / Jan Paulsson and Georgios Petrochilos

Australian Competition and Consumer Commission v Birubi Art Pty Ltd [2018] FCA 1595 - "whether respondent wholesaler engaged in conduct likely or liable to mislead or deceive potential purchasers by implying that five product lines were hand painted, or made, by an Aboriginal person and/or were made in Australia"

Nock v Maddern [2018] NSWCA 239 - contract, estoppel, agistment of cattle

Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064 - sets out the principles to be followed by the Commission in determining whether to approve enterprise agreements

State Wage Case 2018 [2018] NSWIRComm 1063 - wage fixing principles

Assented to

Government Sector Finance Act 2018 - assented to 24 October, Section 10.4 (Regulations) and Schedule 1 commenced on assent, the remained is awaiting proclamation

Awaiting assent

Betting Tax Amendment (Point of Consumption) Bill 2018 - awaiting assent, 24 October

Building and Development Certifiers Bill 2018 - awaiting assent, 24 October

Charitable Fundraising Amendment Bill 2018 - awaiting assent, 24 October

Fair Trading Legislation Amendment (Reform) Bill 2018 - awaiting assent, 24 October

Government Telecommunications Bill 2018 - awaiting assent, 24 October

Planning Legislation Amendment (Greater Sydney Commission) Bill 2018 - awaiting assent, 24 October

Statute Law (Miscellaneous Provisions) Bill (No 2) 2018 - awaiting assent, 25 October

In Legislative Assembly

Children and Young Persons (Care and Protection) Amendment (Protection from Serious Offenders) Bill 2018 - in Legislative Assembly, notice of motion, 25 October

Combat Sports Amendment Bill 2018 - in Legislative Assembly, awaiting minister's second reading speech, 24 October

Conveyancing Legislation Amendment Bill 2018 - in Legislative Assembly, awaiting minister's second reading speech, 24 October

Crimes (Administration of Sentences) Legislation Amendment Bill 2018 - in Legislative Assembly, awaiting minister's second reading speech, 24 October

Crimes Legislation Amendment (Victims) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October

Domestic Violence Leave Bill 2018 - in Legislative Assembly, notice of motion, 23 October

Government Information (Public Access) Amendment Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October

Justice Legislation Amendment Bill (No 3) 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October

Justice Legislation Amendment (Walama Court) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 25 October

Workers Compensation Legislation Amendment (Firefighters) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October

Workers Compensation (Firefighters' Presumptive Rights to Compensation) Bill 2018 - in Legislative Assembly, second reading negatived on division, 25 October

In Legislative Council

Building and Construction Industry Security of Payment Amendment Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Children and Young Persons (Care and Protection) Amendment Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Crimes (Domestic and Personal Violence) Amendment Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 23 October

Crimes Legislation Amendment Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 23 October

Emergency Services Protection Bill 2018 - in Legislative Council, notice of motion, 23 October

Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 25 October

Fair Trading Legislation Amendment (Miscellaneous) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Health Legislation Amendment Bill (No 3) 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Kosciuszko Wild Horse Heritage Repeal Bill 2018 - in Legislative Council, notice of motion, 25 October

Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 25 October

Mental Health (Forensic Provisions) Amendment (Victims) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 23 October

National Disability Insurance Scheme (Worker Checks) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Public Works and Procurement Amendment (Enforcement) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Retirement Villages Amendment Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 - in Legislative Council, referred to the Standing Committee on Law and Justice for inquiry and report, 24 October

Saint Paul’s College Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Snowy Hydro Corporatisation Amendment (Snowy 2.0) Bill 2018 - in Legislative Council, second reading, debate adjourned 5 calendar days, 24 October

Surveillance Devices Amendment (Statutory Review) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 24 October

Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 24 October

Victims Rights and Support Amendment (Motor Vehicles) Bill 2018 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 23 October

Along for the ride : considering the legal and practical consequences of self-driving vehicles by Rebecca Field and Marisa Taliangis of Corrs Chambers Westgarth - examines self-driving vehicles

Australia’s internet blocking laws set to be expanded by Cate Nagy and Matthew Swinn of King and Wood Mallesons - examines the Copyright Amendment (Online Infringement) Bill 2018

The court's approach to an application for a property settlement after the limitation period has expired by Karen Devey of Armstrong Legal - examines property settlement

Frucor loses the battle to register "V" green as a colour trade mark by Lisa Ritson and Maria Sun of Ashurst - considers Frucor Beverages Limited v The Coca-Cola Limited Company [2018] FCA 993

Grapes of Wrath : Wine Australia to clamp down on copycat wine with proposed wine export label directory by Luke Dale and Stephanie Leong of HWL Ebsworth - examines Wine Australia's proposed wine export label directory

Law Report (ABC) for 23 October presented by Damien Carrick - Complaints, misconduct, cheating and plagiarism in higher education

Parliamentary Committee supports the ongoing push for national industrial manslaughter laws by Cameron Dean, Scarlet Reid, Tom Reaburn, Nathan Roberts, Emily Rayner, Nicola McMahon and Michaela Garcia of McCullough Robertson - the Senate Education and Employment References Committee has recommended that an offence for industrial manslaughter be introduced into the model Work Health and Safety Act 2011, see here

Patents of addition : a strategy to protect improvements or modifications in an invention in Australia and New Zealand by Dr Ken Johnstone and Dr Richard Grant of Spruson and Ferguson - examines patents of addition

Pleash (Liquidator) v Tucker and the production of documents in public examinations : whether trust assets are ‘examinable affairs’ by Guy Edgecombe of Gadens - considers Pleash (Liquidator) v Tucker [2018] FCAFC 144

Same, same but different – why you can’t assume copycat names won’t be registered by Darren Pereira and Georgia Milne of Holding Redlich - considers Perth Martial Arts Academy and Australian Securities and Investments Commission [2018] AATA 3664

Commonwealth law reports, Volume 261(3), October 2018 - in this issue : Brown v Tasmania

Federal Court reports, Volume 256(3), October 2018 - in this issue : Celand v Skycity Adelaide Pty Ltd / Compton v Ramsay Health Care Australia Pty Ltd / Selth v Australasian Barrister Chambers Pty Ltd (No 3)

South Australian state reports, Volume 130(4), October 2018 - in this issue : Andressen v Bendigo and Adeliade Bank Ltd / Haynes v St George Bank (a Division of Westpac Banking Corporation) / Haynes v Westpac Banking Corporation / Health and Ageing, Department for v Li / Motor Accident Commission v Leslie / R v Symons / Return to Work Corporation (SA) v Karpathakis / Return to Work Corporation (SA) v Rudduck

State reports (Western Australia), Volume 95(2), October 2018 - in this issue : Frasers Queens Pty Ltd v Tan / Harrison v Danza Loca / Howell v Smith / Lamp v Americold Australia Pty Ltd / Rae v Curtin University of Technology

Public law, October 2018 - in this issue : In defence of the parole board Sir Louis Blom-Cooper QC / Ouster clauses, separation of powers and the intention of parliament : from Anisminic to Privacy International Robert Craig / The investigatory powers tribunal : a law unto itself? Tom Hickman / The rule of law in UK public law textbooks : from critique to acceptance? Brian Christopher Jones / HKSAR v Leung Hiu Yeung : Hong Kong's final departure from the common law of legislatures Kai Yeung Wong / Statutory conventions : conceptual confusion or sound constitutional development? Conor Crummey and Eugenio Velasco Ibarra / Substantiating substantive review Jonathan T H Lee / Common law constitutional rights : public law at a crossroads? Christina Lienen / Non-conviction disclosure as part of an enhanced criminal record certificate : assessing the legal framework from a fundamental human rights perspective Joe Purshouse / Legalism in constitutional law : judging in a democracy Sir Philip Sales / The multi-faceted challenges of free speech in higher education : frustrating the right of political participation on campus Ben Stanford / Counter-terrorism and counter-extremism : the UK policy spirals Clive Walker

Awaiting assent

Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2018 - awaiting assent, 17 October

Community Gaming Bill 2018 - awaiting assent, 17 October

Emergency Services Legislation Amendment Bill 2018 - awaiting assent, 18 October

National Park Estate (Reservations) Bill 2018 - awaiting assent, 17 October

Residential Tenancies Amendment (Review) Bill 2018 - awaiting assent, 17 October

Water NSW Amendment (Warragamba Dam) Bill 2018 - awaiting assent, 17 October

Workers Compensation Legislation Amendment Bill 2018 - awaiting assent, 17 October

In Legislative Assembly

Anti-Discrimination Amendment (Removal of Exemptions and Other Reforms) Bill 2018 - in Legislative Assembly, notice of motion, 18 October

Betting Tax Amendment (Point of Consumption) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Building and Development Certifiers Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Crimes (Domestic and Personal Violence) Amendment Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Crimes Legislation Amendment Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Government Telecommunications Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 October

Justice Legislation Amendment (Walama Court) Bill 2018 - in Legislative Assembly, notice of motion, 16 October

Mental Health (Forensic Provisions) Amendment (Victims) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

National Parks and Wildlife Legislation Amendment (Riverina) Bill 2018 - in Legislative Assembly, notice of motion, 18 October

Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Statute Law (Miscellaneous Provisions) Bill (No 2) 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Surveillance Devices Amendment (Statutory Review) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Sydney Opera House Trust Amendment (Restriction on Ministerial Control) Bill 2018 - in Legislative Assembly, notice of motion, 16 October

Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Victims Rights and Support Amendment (Motor Vehicles) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 October

Workers Compensation (Firefighters' Presumptive Rights to Compensation) Bill 2018 - in Legislative Assembly, second reading debate, debate interrupted, 18 October

In Legislative Council

Charitable Fundraising Amendment Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Combat Sports Amendment Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Conveyancing Legislation Amendment Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Crimes (Administration of Sentences) Legislation Amendment Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Fair Trading Legislation Amendment (Reform) Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Gambling Advertising Prohibition Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 18 October

Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill 2018 - in Legislative Council, notice of motion, 17 October

National Parks and Wildlife Amendment (Tree Thinning Operations) Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 18 October

Planning Legislation Amendment (Greater Sydney Commission) Bill 2018 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 17 October

Green loans market set to grow? by Simon Reid and Corry Pariselli of Corrs Chambers Westgarth - examines green loans

Initial Action Pty Ltd v Woollahra Municipal Council – a refresher course in written requests for variation of development standards by Paul Vergotis of McCabe Curwood - considers Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118

Law Pod UK Episode 47 : Darnley v Croydon Health Services NHS Trust - discusses Darnley v Croydon NHS Trust [2018] UKSC 50 where the court ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E

Law Report (ABC) for 16 October presented by Damien Carrick - Is Victoria's social housing renewal plan value for money? and New research on what we know about small time 'social' drug dealers

“Mi data es su data” – balancing regulation and innovation in the data economy by Simon Burns of Gilbert + Tobin - examines data governance

Recent trends in contributions between employer and non-employer tortfeasors by Rebecca Hosking and Edward Basha of HWL Ebsworth - examines Avopiling v Bosevski [2018] NSWCA 146 and Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281

Use cases for blockchain technology by governments by Reece Walker, Alex Hutchens, Matthew McMillan, Ben Wood and Kathryn Morgan of McCullough Robertson - considers the use of blockchain technology by governments

When being natural can be misleading: recent consideration of organic product claims by Shaun Temby and Miles Tuckfield of Maddocks - considers ‘organic’ or ‘natural’ product claims

Bolton v Stoltenberg [2018] NSWSC 1518 - defamation, defamatory posts made on the public Facebook page “Narri Leaks”

ETA067 v The Republic of Nauru [2018] HCA 46 - refugees, "well-founded fear of persecution"

Johnson v The Queen [2018] HCA 48 - criminal law, sexual offences

Nobarani v Mariconte [No 2] [2018] HCA 49 - probate, "administration of the estate", "costs payable from the estate"

UBS AG v Tyne [2018] HCA 45 - trsutees, abuse of process

WET052 v The Republic of Nauru [2018] HCA 47 - refugees, credibility

Brief, Volume 45(9), October 2018 - in this issue : Part 2 - navigating conveyor-belt justice : the dynamics of family violence and practicalities in magistrates courts Magistrate Deen Potter / Lawyer visits to schools network / The Law Society of Western Australia's Old Courthouse Law Museum Julianne Mackay / Law Society's education and community services : the state government must reverse its decision to cut funding Hayley Cormann / Late inheritances and the Family Law Courts Devin M M Sanghavi / Older People's Rights Service : a specialist elder abuse service in WA Fran Ottolini / Intestacy law reform in Western Australia John Hockley / The case of the bootleg beer John McKechnie QC / Family law case notes Robert Glade-Wright

Law quarterly review, Volume 134, October 2018 - in this issue : Notes - Of warranty of authority and related topics F M B Reynolds, One step forward? Andrew Burrows, The action to set aside a perfected judgment on account of fraud Prashant Kelshiker, A prisoner's right to rehabilitation Sebastian Walker and Karl Laird, Prohibitions on assignment : intellectualism v law P G Turner, Illegality decisions after Patel v Mirza Nicholas Strauss QC, Prosecutorial discretion, assisting offenders and the decision to refer under the Serious Organised Crime and Police Act 2005 Richard Martin, Taking bills of exchange into arbitration Lau Kwan Ho / Language and lawyers Leonard Hoffmann / The unjust enrichment disaster Robert Stevens / Rationalising recovery for emotional harm in tort law Eric Descheemaeker / Unconstitutional interpretation James Grant / Unpacking the reasonable expectation of privacy test N A Moreham

Taxation in Australia, Volume 53(4), October 2018 - in this issue : Why professional development is vital in tax Tracey Rens / Committed to a seamless member experience Giles Hurst / Handling tax disputes Robert Deutsch / September - what happened in tax? TaxCounsel Pty Ltd / What is a base rate entity? TaxCounsel Pty Ltd / Tax : not all about crunching numbers Alexandra Wilson / Member profile : Svetlana Kolyasnikova BDO /SME demergers and capital returns John Middleton / In facilitation preparation, scoping and agility are essential Chris Wallis / Trust splitting : the ATO's controversial new TD 2018/D3 Andrew Henshaw and Rosalind Li / Trust duties in the time of bitcoin Laura Spencer / The sole purpose test substantially clarified Daniel Butler and William Fettes / Arabian horses and the distinct business activity Michael Norbury / ATO guidance on cross-border funding Stuart Landsberg / Elder abuse - it's criminal! Katerina Peiros and Christine Smyth

Human rights and judicial review in Australia and Canada : the newest despotism? / Janina Boughey

Federal Court reports, Volume 256(2), October 2018 - in this issue : Kaur v Minister for Immigration and Border Protection / LFDB v SM / Sklavos v Australasian College of Dermatologists / Slopen Main Pty Ltd v Hope / Saburoni v Minister for Immigration and Border Protection

Criminal Legislation Amendment (Consorting and Restricted Premises) Act 2018 - assented to 5 October, not yet in force

Fair Trading Legislation Amendment (Consumer Guarantee Directions) Act 2018 - 11 October 2018 proclaimed as the day on which Schedule 2 commences, published on legislation website 10 October

Impounding Amendment (Shared Bicycles and Other Devices) Act 2018 - assented to 5 October, not yet in force

Parliamentary Budget Officer Amendment Act 2018 - assented to 5 October, commenced on assent

Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018 - assented to 5 October, not yet in force

Western City and Aerotropolis Authority Act 2018 - assented to 5 October, not yet in force

Australia to repeal the IP exemption in competition legislation by Kim O'Connell and Peta Stevenson of King & Wood Mallesons - the intellectual property exemption in section 51(3) of the Competition and Consumer Act 2010 (Cth) may soon be repealed and as a result commercial arrangements concerning IP rights will be treated in the same way as any other commercial arrangement

Casual chaos by Wesley Rogers and James True of Marque Lawyers - examines changes to the rules around casual employment

Court construes meaning of “in consultation with” : Parkinson v Mackay Sugar [2018] QSC 168 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers Parkinson v Mackay Sugar [2018] QSC 168

Expert witnesses and prior inconsistent statements : have you done your homework? by Vince Annetta and Christine Demiris of Clayton Utz - examines the decision in Rodi v Western Australia [2018] HCA 44

Law Report (ABC) for 9 October presented by Damien Carrick - Anti-abortion protesters face High Court and US Supreme Court Justice Brett Kavanaugh sworn in

Not enough to say no : what the changes in modern awards will mean for discussing and refusing flexible work requests by Courtney Ford and Catherine Burkhalter of Maddocks - considers Family Friendly Working Arrangements [2018] FWCFB 5753

Supreme Court decision highlights uncertainty in NDIS funding by Charlotte Mackenzie and Eliza Elliott of Lander and Rogers - decisions like Sharp v Home Care Service of NSW [2018] NSWSC 1319 highlight the need for clarity around support entitlements for participants in the scheme

Uncertain times for the commercial jurisdiction of the District Court by Scott Goodman SC of Greenway Chambers - examines the commercial jurisdiction of the District Court of New South Wales

Who bears the onus to establish whether the plaintiff was a phantom passenger? by Helen Huang of McCabe Curwood - considers Nguyen v Tran [2018] NSWCA 215

Zombie mark has no bite by Michael Owens and Celeste Bennett of Gadens - zombie marks are trade mark applications that sit on the Australian register, waiting for approval or registered trade marks that are not being used, the decision in 1872 Holdings VOF v Havana Club Holding SA [2017] ATMO 12 has provided a new precedent for dealing with zombie marks

Adoption of Alice [2018] NSWSC 1483 - adoption, application to dispense with the consent of the birth father, whether an order for adoption is "the clearly preferable course in the best interests of the child"

Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited & Anor [2018] HCA 43 - equity, "knowing assistance in breach of fiduciary duty"

Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 - the court held that a hospital receptionist owed a duty of care to a patient at accident and emergency that was breached by providing him with incorrect information in relation to how long he was likely to have to wait before being triaged or seen

Rodi v State of Western Australia [2018] HCA 44 - criminal law, prohibited drug

Australian law journal, Volume 92(8), August 2018 - in this issue : Current issues Ruth C A Higgins (ed) - Let them eat cake, Bulling in the workplace and the courts, Judicial independence in Europe, Laws targeting the incitement of violence, ALRC report on class actions and third-party funding, Statutory review of the Defamation Act, From Queensland to the House of Lords / Conveyancing and real property Robert Angyal and Brendan Edgeworth (eds) E-conveyancing : legal underpinning and some practical aspects Peter Rosier / Technology and the law Lyria Bennett Moses and Anna Collyer / Admiralty and maritime : AMSA's power to detain vessels : AMSA's liability Dr Damien J Cremean / Around the nation : Tasmania : Regulation of all-terrain vehicles Justice Stephen Estcourt AM / Personalia Emily Vale (ed) Commonwealth - Justice Thomas Thawley, Victoria - Justice John Champion, Justice Matthew Connock, Western Australia - Justice Anthony Derrick, Retirement of the Honourable Chief Justice Wayne Martin AC QC Justice Kenneth Martin / Taxation of settlements, judgments and awards Tony Slater QC and Elizabeth Bishop / Timor-Leste v Australia : the impact of international law on the current and the future arrangements in the Timor Sea Maha Chaar / Corporate law practice : legal advice and ethics Barbara Mescher / Reports - Amaca Pty Ltd v Latz; Latz v Amaca Pty ltd [2018] HCA 22, DL v The Queen [2018] HCA 26, Lane v The Queen [2018] HCA 28, Minogue v Victoria [2018] HCA 27, Rozenblit v Vainer [2018] HCA 23, Trkulja v Google LLC [2018] HCA 25

Civil justice quarterly, Volume 37(4), 2018 - in this issue : The ADR duty and costs : Ali v Chanel 5 Broadcast Ltd [2018] EWHC 840 (Ch) Masood Ahmed / Suing unnamed defendants or persons unknown : Cameron v Hussain [2017] EWCA Civ 366 Steven Gee QC and Christopher Kientzler / Civil claims against the crown in the wake of the Iraq war - Crown act of State, limitation under foreign law and litigation funding : Alseran v Ministry of Defence [2017] EWHC 3289 (QB) Ugljesa Grusic / Australian tribunals and alternative dispute resolution : a procedural justice perspective Therese MacDermott and Denise Meyerson / Defining the litigation default S I Strong / International jurisdiction and the grant of post-judgment information-provision orders : post Tenebras Lux? James Woolrich

Law Institute journal, Volume 92(10), October 2018 - in this issue : Lawyers warn of bail crisis Karin Derkley / Time's up for legal workplace reform Chris Molinar / Charity begins on the phone Jennifer Batrouney and Angela Lee / Maximising recovery Andrew Tragardh / Innovation over iteration Mira Stammers / Solicitors' possessory lien Justice Emilios Kyrou / Collaborate don't litigate Stephen Winspear / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Practice notes Adele Byrne / Money for nothing Gino Dal Pont / What can go wrong? Legal Practitioners' Liability Committee / Lost trust deeds Russell Cocks / Costs must be reasonable and proportionate Anna Sango / Are forceful mediators effective? Jonathan Kaplan / Performance review time Andrew Proebstl / Beyond the legal profession Zoe Chan / Reduce the risk of a complaint Maggie McNamara / Future tense Morry Bailes / Changing face of the bar Carolyn Ford / Dutch honour Karin Derkley

Modern law review, Volume 81(5), September 2018 - in this issue : The rule of law and the rule of empire : A V Dicey in imperial context Dylan Lino / Top-down constitutional conventions Adam Perry and Adam Tucker / The quiet-loud-quiet politics of post-crisis consumer bankruptcy law : the case of Ireland and the Troika Joseph Spooner / Protecting free speech and academic freedom in universities Ian Cram and Helen Fenwick / An incomplete victory : the implications of QT v Director of Immigration for the protection of gay rights in Hong Kong Kai Yeung Wong / Minimum alcohol pricing : balancing the 'essentially incomparable' in Scotch whisky Niamh Dunne / Toward a new jurisprudence? Sean Coyle

University of New South Wales law journal, Volume 41(3), 2018 - in this issue : 'The torment of our powerlessness' : addressing Indigenous constitutional vulnerability through the Uluru Statement's call for a first nations voice in their affairs Shireen Morris / You can't charge me, i'm a cop : should police, corrections staff and law enforcement officers be immune from criminal liability for actions carried out against vulnerable people in the course of their duties? Stephen Gray / Policing the police : independent investigations for Victoria Sinead O'Brien Butler / Silencing prote(x)t : disrupting the scrips of mental health law Fleur Beaupert / Vulnerability : false hope for vulnerable social security clients? Terry Carney AO / From safety nets to support networks : beyond 'vulnerability' in protection for consumers with cognitive disabilities Yvette Maker, Jeannine Marie Paterson, Anna Arstein-Kerslake, Bernadette McSherry and Lisa Brophy / Adverse effects : can the Fair Work Act address workplace discrimination for employees with a disability? Dominique Allen / The vulnerability of safe haven enterprise visa holders : balancing work, protection and future prospects Alexander Reilly / In vital need of reform : providing certainty for working women undergoing IVF treatment Thomas Hvala / Harming women with words : the failure of Australian law to prohibit gendered hate speech Tanya D'Souza, Laura Griffin, Nicole Shackleton and Danielle Walt / Responding to vulnerability? Forced marriage and the law Heli Askola / Protecting vulnerable refugees : procedural fairness in the Australian fast track regime Emily McDonald and Maria O'Sullivan

Australian Capital Territory law reports, Volume 13(1), September 2018 - in this issue : Agresti v The Queen / Cervo v Kingsley's Pty Ltd / Public Prosecutions (ACT), Director of v Booth

Commonwealth law reports, Volume 261(2), October 2018 - in this issue : Ainsworth v Albrecht / Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd / Knight v Victoria / Prior v Mole

Federal Court reports, Volume 256(1), October 2018 - in this issue : All Trades Queensland Pty Ltd v Construction, Forestry, Mining and Energy Union / Ibrahim v Minister for Immigration and Border Protection (No 2) / Kazal v Thunder Studios Inc (California) / Prain v Comcare / Sharma v Minister for Immigration and Border Protection

New South Wales law reports, Volume 96(2), October 2018 - in this issue : Burns v Corbett / Gaynor v Burns / Lewis v Sergeant Riley / Marroun v State Transit Authority / Obeid v R

Western Australian reports, Volume 52(6), August 2018 - in this issue : Hughes v Pluton Resources Ltd / OKS v Western Australia

Australian elder law : accommodation, agency and remedies / Richard (R F) McCullagh

Constitutional recognition - first peoples and the settler state / Dylan Lino

Recently the library has received many queries regarding the assignment or transfer of proceedings in the Commercial Division of the Supreme Court of New South Wales, under Parts 14 and 14A of the Supreme Court Rules, as at 2 February 1998. We have various materials in relation to the assignment or transfer of proceedings in the Commercial Division including practice notes, commentaries and versions of Parts 14 and 14A of the Supreme Court Rules as at 2 February 1998. Please contact the library if you are interested in copies of this material or if you have any further queries.

El-Kassir v Commissioner of Police, NSW Police Force [2018] NSWCATAD 232 - disability discrimination

El Khouri v Attorney-General [2018] FCA 1488 - "urgent application seeking, relevantly, to restrain the respondent from taking further action in relation to the extradition of the applicant"

The Owners – Strata Plan 81837 v Multiplex Hurstville Pty Ltd [2018] NSWSC 1488 - "whether development manager and another party named in development management agreement were owners and thus developers of land for the purposes of the Home Building Act 1989"

Redding v Manly Life Saving Club Inc & Anor [2018] NSWDC 278 - negligence, "failure to take reasonable precautions"