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Interesting articles and podcasts

Fri Oct 05 2018

A development from the English Court of Appeal regarding legal professional privilege in internal investigations by Rachel Nicolson, Christopher Kerrigan, Charlette Bunn and Amelia van der Rijt of Allens - examines Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 and its consequences for Australian corporates conducting cross-border investigations into potential criminal misconduct and the development of legal professional privilege generally

Is a new postal rule coming? by Scott Couper of Gadens - examines the Civil Law and Justice Legislation Amendment Bill 2018 (Cth) Law Report (ABC) for 2 October presented by Damien Carrick - Suing foreign states for wrongful deaths

Latest developments in Commonwealth fraud and corruption by Anthony Willis and Russell Wilson of Maddocks in conjunction with the Australian Institute of Criminology - examines developments in federal corruption and fraud

New criminal sanctions for serious vilification in NSW on grounds including race, religion and sexual orientation by Sally Moten and Alishan Megerdichian - the Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018 (NSW) amended the Crimes Act 1900 (NSW) and introduced an indictable offence for public acts that intentionally or recklessly threaten or incite "violence" on grounds such as "race", "religious belief or affiliation", "sexual orientation", "gender identity", "intersex status", or on the basis of HIV or AIDS. It replaced serious vilification provisions in the Anti-Discrimination Act 1977 (NSW).

New tools of the trade (mark) - changes to the parallel importation defence, unjustified threats and trade mark prosecution procedure by Melinda Upton, Jessie Buchan and Valiant Warzecha of DLA Piper - summarises the changes made by the Intellectual Property Laws (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth)

Off duty and off the hook : directors’ fiduciary duties after resignation by Barbara-Ann Sim of Gadens - examines Advanced Fuels Technology Pty Ltd v Blythe & Ors [2018] VSC 286 and the survival of a company director’s fiduciary duties after the director’s resignation

Why doesn't prison work for women? by Jessica Labhart and Lisa Wright of BBC News - considers why prison does not work for women

New journals

Fri Oct 05 2018

Australian bar review, Volume 46(1&2), September 2018 - in this issue : Interitance issues with superannuation death benefits : can a legal personal representative ignore the deceased's death benefit? Darryl Browne / Briginshaw v Briginshaw : Eighty years on R J Desiatnik / Legal and factual causation in equitable compensation claims against defaulting fiduciaries Mohammud Jaamae Hafeez-Baig / Coercion in federal industrial law C N Jessup / An accident waiting to happen : questioning the relevance of the equitable doctrine of accident Maria Mellos / Still defending orthodoxy : the new front in the war on Codelfa Thomas Price / Developments in public policy challenges to enforcing foreign awards in Mainland China Stephen Puttick and Kanaga Dharmananda / Choice of law in federal jurisdiction after Rizeq v Western Australia James Stellios

Law Society journal, Issue 49, October 2018 - in this issue : Six minutes with Dimity Kingsford Smith, Professor of law at UNSW / When the earth is your client Melissa Coade / Better days ahead Jane Southward / Talking the talk Melissa Coade / Against the tide : UNHCR lawyer Ellen Hansen Jane Southward / Want more from your team? Tap into the talents of introverts Peter Agnew / A day in the life of... Jon Davie, Chief Executive Officer, batyr / Running for his life Kate Allman / The power of being well Jane Southward / What's the best exercise for mental health Kate Allman / The case that changed me - Michael Kirby Kate Allman / Another casual conundrum : substance over form prevails (again) Jack de Flamingh and Erin Kiley / Commercial jurisdiction of the District Court : surprising, inconvenient, unfortunate? Michelle Castle / Changing the legal status of nature : recent developments and future possibilities Michelle Maloney / Commonwealth Redress Scheme for Institutional Child Sexual Abuse : redress payments Steve Lancken and Robyn Bailey / How to draft privacy policy like the law expects - instead of like a lawyer Anna Johnston / Birthing a legal lacuna : the extraction and use of sperm without consent Talitha Fishburn / Elder law : when trust may not be resulting Richard McCullagh / New laws get tough on child sex abuse Andrew Tiedt / Estate planning traps : binding death benefit nominations and enduring powers of attorney Jen McMillan / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Wills and estate Darryl Browne

Proctor, Volume 38(9), October 2018 - in this issue : Try a taste of Indigenous procurement : helping to close the gap of disadvantage Rolf Moses / QLS calls on new PM for change / Call for 'impact tests' on new law / Wage theft inquiry : call for more judges Kate Brodnik and Pip Harvey Ross / New era for migration law and practice : Bill aims to remove dual regulation of practitioners Glenn Ferguson AM and Richard Timpson / A knock to the head : courts likely to consider sport-related concussion Annette Greenhow / Class actions - resolving competing claims : ALRC considers alternatives to multiple class actions David Hensler / Subpoenas go digital : key amendments to the UCPR Brent Reading / Courtesy - let's avoid informality Stafford Shepherd / Efficient conduct of civil litigation : new practice direction aims to reduce costs and time Kylie Downes QC / Standing out in a crowded market : the importance of personal branding for early career lawyers Bianca Stafford / Genome editing - the new legal frontier Hannah Williams / EPA can affirm existing binding death benefit nomination! Christine Smyth / High Court and Federal Court case notes Andrew Yuile and Dan Star QC / Court finds error in global approach Robert Glade-Wright / From the ashes : the Supreme Court fire of 1968 David Bratchford / COurt of Appeal judgments Bruce Godfrey /

New journals

Thu Oct 04 2018

ARITA journal, Volume 30(3), 2018 - in this issue : ILRA compliance : practically impossible Narelle Ferrier and Leearna Plank / Assigning rights to sue - what you need to know Matthew Donnelly, Thomas Russell and Neil Kafer / Creditor participation and the ILRA Charles Cuninghame / Identifying and dealing with cryptocurrency assets in corporate insolvency Lee Pascoe and Jenna Scott / The fine art of presenting at a creditors' meeting Karin Krueger / Identifying de facto directors Phoebe Pitt and James Tobin / Rights of subordinated creditors Kath Naish / New opportunities in China's non-performing loan market Ian Mann and Chai Ridgers / The power of 'open source' change management Charles Cuninghame / Profile Liam Bailey / AFSA releases Insolvency Compliance Program 2018-19 Hamish McCormick / End-of-financial-year wrap-up Sue Saunders / Reforms to address corporate misuse of FEG Henry Carr / STP reporting and new phoenix hotline Australian Taxation Office / Liquidator registration and powers of attorney Thea Eszenyi / Using behavioural insights to improve stakeholder communication Thea Eszenyi and Nisansala Peries / A quarterly round-up of the ARITA Specialist Team's work on law and practice issues Kim Arnold, Narelle Ferrier and Natasha McHattan / A round-up of the latest insolvency case law Natasha McHattan

Bond law review, Volume 30(1), June 2018 - in this issue : Aboriginal recognition : treaties and colonial constitutions, 'We have been here forever..." Irene Watson / Power, control and citizenship : the Uluru Statement from the Heart as active citizenship Kim Rubenstein / Law and power : ten lessons from Foucault Nickolas John James / Three illusions of modern politics Jonathan Crowe / Domestic violence disclosure schemes : effective law reform or continued assertion of patriarchal power? Elizabeth Greene and Jodie O'Leary / Investment court system or 'regional' dispute settlement? : the uncertain future of investor-state dispute settlement Umair Ghori / The winner takes it all : legal costs as a mechanism of control in public law Narelle Bedford / Genuine links beyond state and market control : the sale of citizenship by investment in international and supranational legal perspective Michael B Krakat

Federal law review, Volume 46(3), 2018 - in this issue : Whistleblowing, national security and the constitutional freedom of political communication Danielle Ireland-Piper and Jonathan Crowe / The perils and pitfalls of formal equality in Australian family law reform Belinda Fehlberg, Lisa Sarmas and Jenny Morgan / The 'modern approach' to statutory interpretation and the principle of legality : an issue of coherence? Dan Meagher / 'Pretaliatory' enforcement action for chilling whistleblowing through corporate agreements : lessons from North America Olivia Dixon / A statute's meaning need not be its law Jamie Blaker / Generosity, and corporate reconciliation Leah Cameron and Mike Butler / Wellbeing Rolf Moses and Sheila Kushe / Basic entitlements - parental leave Robert Stevenson

New judgments

Fri Sep 28 2018

COA17 v Minister for Immigration and Border Protection [2018] FCA 1330 - safe haven enterprise visa

Matthew Carlin v Commissioner of Police [2018] NSWIRComm 1057 - removal of police officer, whether decision was "harsh, unreasonable or unjust"

Sum Yuen v Justin Yat-kun Chan [2018] NSWDC 274 - defamation, qualified privilege, "words spoken at meetings held by incorporated association"

Tzovaras v Williams [2018] NSWDC 275 - jurisdiction, whether or not the proceedings arose out of a “commercial transaction” within the meaning of r 14.2(1)(a) of the Supreme Court Rules

Veeraragoo v Goldbreak Holdings Pty Ltd (No 2) [2018] FCA 1448 - industrial law, humiliation and distress

New and updated NSW Bills

Fri Sep 28 2018

Animal Research Amendment (Reduction in Deaths of Dogs and Cats Used for Research) Bill 2018 - in Legislative Council, second reading, debate adjourned, 27 September

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018 (Act 46 of 2018) - assented to 27 September

Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2018 - in Legislative Assembly awaiting second reading debate, debate adjourned 5 clear days, 26 September

Community Gaming Bill 2018 - in Legislative Assembly awaiting mover's second reading speech, 25 September

Criminal Legislation Amendment (Consorting and Restricted Premises) Bill 2018 - awaiting assent, 26 September

Criminal Procedure Amendment (Pre-trial Disclosure) Act 2018 (Act 47 of 2018) - assented to 27 September

Forestry Amendment (Public Enforcement Rights) Bill 2017 - in Legislative Council, second reading, debate interrupted, 27 September

Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 - awaiting assent, 26 September

National Park Estate (Reservations) Bill 2018 - in Legislative Assembly awaiting second reading debate, debate adjourned 5 clear days, 27 September

Parliamentary Budget Officer Amendment Bill 2018 - awaiting assent, 26 September

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 27 September

Public Finance and Audit Amendment (State-funded Private Entities) Bill 2018 - negatived, second reading negatived on division in the Legislative Assembly, 27 September

Residential Tenancies Amendment (Review) Bill 2018 - in Legislative Council, awaiting consideration of Legislative Council amendments, debate adjourned, 26 September

Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018 - awaiting assent, 27 September

Road Transport Legislation Miscellaneous Amendments Act 2018 - commencement proclamation, 1 October 2018 proclaimed as the day on which Schedule 1.1 [1], [3] and [4] to the Act commence

RSL NSW Act 2018 (Act 48 of 2018) - assented to 27 September

Strata Schemes Management Amendment (Building Defects Scheme) Act 2018 (Act 49 of 2018) — assented to 27 September

Water NSW Amendment (Warragamba Dam) Bill 2018 - in Legislative Council, referred to committee for inquiry and report, 26 September

Western City and Aerotropolis Authority Bill 2018 - awaiting assent, 26 September

Workers Compensation (Firefighters’ Presumptive Rights to Compensation) Bill 2018 - in Legislative Assembly, second reading, debate adjourned 5 clear days, 27 September

Workers Compensation Legislation Amendment Bill 2018 - in Legislative Assembly awaiting mover's second reading speech, 26 September

Interesting articles and podcasts

Fri Sep 28 2018

The dialogue is changing yet is the law enabling the practical change directors need? by Tony Troiani and Philip Pan of King and wood Mallesons - contends that it still can't be said that the new “Safe Harbour” legislation has resulted in cultural change among directors

Employer pays the price of employee’s misuse of competitor’s confidential information by Michael Selinger and Adrian Zagami of Holding Redlich - examines a recent out of court settlement of a high profile restraint of trade case in the South Australian real estate agency industry

Evicting cybersquatters : what to do when someone registers your brand as a domain name by James Neil and Rebecca Lobb of Clayton Utz - considers options for brand owners if someone has wrongfully registered their brand as a domain name

Keeping it casual? Think again! by Ian Dixon, Brett Feltham, Siobhan Mulcahy and Steven Troeth of Gadens - examines WorkPac Pty Ltd v Skene [2018] FCAFC 131

Law Report (ABC) for 25 September presented by Damien Carrick - Should dead men become fathers?

Liability under the ASIC Act for unconscionable conduct by Greg Lewis of HWL Ebsworth - examines Mastronardo and Anor v Commonwealth Bank of Australia Ltd and Ors [2018] NSWCA 136

NSW's strangulation offence : time for further reform? by Tom Gotsis of the NSW Parliamentary Research Service - examines recent data on strangulation from the New South Wales Bureau of Crime Statistics and Research to determine whether, and to what extent, section 37 of the Crimes Act 1900 (NSW) is being used, leads to convictions and results in appropriate penalties

Validity of holding DOCAs confirmed by High Court of Australia by Andrew Lacey of McCabe Curwood - considers Mighty River International Ltd v Hughes; Mighty River International Ltd v Mineral Resources Ltd [2018] HCA 38

Did you know?

Fri Sep 28 2018

Within our catalogue you can renew and reserve items remotely.

To renew an item click on the "my profile" link and then under circulation click on the barcode of the item you want to renew.

To reserve an item search for it and go into the full catalogue record and click on the reserve button.

NSW sentencing reform

Fri Sep 28 2018

Sentencing reform has commenced in NSW, see a summary of changes here.

The key changes are :

  • Courts have better information about offenders at time of sentencing
  • Overhaul of the Intensive Correction Order
  • Abolition of suspended sentences
  • There is a presumption that domestic violence offenders receive a supervised community-based sentence or are imprisoned, unless there are clear reasons why another sentence would be more appropriate
  • More offenders at risk of returning to crime are subject to supervision and programs to address offending behaviour

Amendments to the Crimes (Administration of Sentences) Act 1999 (NSW) and Crimes (Sentencing Procedure) Act 1999 (NSW) came into effect 24 September 2018.

New law reports

Fri Sep 28 2018

Family law reports, Volume 57(6), September 2018 - in this issue : Aspinall v Aqua Sports Pty Ltd / Bondelmonte v Bondelmonte / Karamalis v Karamalis / Lamb v Shaw / Re Kelvin

Federal Court reports, Vol 255(4), September 2018 - in this issue : BVC15 v Minister for Immigration and Border Protection / Gupta v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v BJC16 / Sullivan v Trilogy Funds Management Ltd

New books

Fri Sep 28 2018

Interesting articles and podcasts

Thu Sep 27 2018

Aboriginal defendants are pleading guilty due to language and cultural barriers, legal officials warn by Tom Joyner of ABC News - legal organisations in Western Australia are concerned that Aboriginal defendants are pleading guilty by accident or simply to avoid a trial

Casual re-employment : comings and goings due to Senate casual vacancies by Damon Muller from the Parliamentary Library (Cth) - examines casual vacancies in the Senate

Casual uncertainty : Federal Court decision states that casual employees may be entitled to annual leave by Brad Swebeck and Jessica Lim of HWL Ebsworth - considers WorkPac Pty Ltd v Skene [2018] FCAFC 131

Don't forget to pay child support or you will risk the consequences by Natasha Heathcote of Armstrong Legal - examines the consequences of not paying child support, such as departure prohibition orders

Employers held personally liable after hiding behind sham companies by Elisa Blakers of McCabe Curwood - considers Fair Work Ombudsman v Grouped Services Pty Ltd (No 2) [2017] FCA 557 and Fair Work Ombudsman v VIP Security Services Pty Ltd [2018] FCCA 1969

Law Report (ABC) for 18 September presented by Damien Carrick - covers Court finds broadcaster Alan Jones defamed Queensland brothers and What evidence should be admissible in criminal trials?

Legal errors aren't always fatal to administrative decisions by John Carroll and Alexander Ferguson of Clayton Utz - considers Hossain v Minister for Immigration and Border Protection [2018] HCA 34

Modern slavery laws – impacts for the NSW Government by Scott Alden, Victoria Gordon, and Lauren Stables of Holding Redlich - examines the Modern Slavery Act 2018 (NSW)

New Federal Court decision calls into question relevance of internal legal advice to AAT reviews by Ian Temby and Joshua Smith of Maddocks - considers Commissioner of Taxation v ACN 154 520 199 Pty Ltd (in liq) (formerly EBS & Associates Pty Ltd) [2018] FCA 1140

NSW legislation update combustible cladding by Adele Carr of Greenway Chambers - looks at the Building Products (Safety) Act 2017 (NSW)

We have lift-off : Space Activities Amendment (Launches and Returns) Act 2018 passed by parliament by Annabel Griffin, Patrick Mackenzie, Henry Sit and Andreas Sherborne of King & Wood Mallesons - considers the Space Activities Amendment (Launches and Returns) Act 2018 (Cth)

New judgments

Fri Sep 21 2018

Carr v Miller [2018] NSWSC 1424 - building and construction, defects, "fraudulently obtained home warranty insurance certificates"

EUB18 v Minister for Home Affairs [2018] FCA 1432 - interlocutory injunction requiring the provision to the applicant of urgent medical treatment

Kwok v R [2018] NSWCCA 200 - accumulation of sentences

Navtej Johar v Union of India, W.P.(Crl.) No.-000076-000076 - 2016 - decriminalisation of homosexuality in India

Television Broadcasts Limited v Telstra Corporation Limited [2018] FCA 1434 - copyright, "sit blocking"

New and updated NSW Bills

Fri Sep 21 2018

Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 - awaiting assent, 19 September

Community Gaming Bill 2018 - in Legislative Council, second reading debate adjourned 5 calendar days, 19 September

Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2018 - in Legislative Council, second reading debate adjourned 5 calendar days, 20 September

Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 - commencement proclamation, the Act will commence on 24 September 2018

Crimes Amendment (Misconduct in Public Office and Other Matters) Bill 2018 - in Legislative Assembly, second reading negatived on division in Legislative Assembly, 20 September

Criminal Legislation Amendment (Consorting and Restricted Premises) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 19 September

Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 - awaiting assent, 19 September

Emergency Services Legislation Amendment Bill 2018 - in Legislative Council, awaiting minister's second reading speech, 19 September

Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018 - in Legislative Assembly, second reading speech interrupted, 20 September

Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 - in Legislative Assembly, awaiting second reading debate, 19 September

Marine Parks Amendment (Moratorium) Bill 2018 - in Legislative Council, second reading debate adjourned 5 Calendar days, 20 September

Parliamentary Budget Officer Amendment Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 19 September

Residential Tenancies Amendment (Review) Bill 2018 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 September

Road Rules Amendment (Slowing Down for Police and Emergency Vehicles) Bill 2018 - lapsed in accordance with standing orders

Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018 - referred to committee for inquiry and report, 19 September

RSL NSW Bill 2018 - awaiting assent, 19 September

Statute Law (Miscellaneous Provisions) Act 2018 - commencement proclamation, Schedule 1.3 and 1.4 will commence 24 September 2018

Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018 - awaiting assent, 19 September

Water NSW Amendment (Warragamba Dam) Bill 2018 - in Legislative Council, second reading debate adjourned 5 calendar days, 19 September

Western City and Aerotropolis Authority Bill 2018 - in Legislative Assembly, awaiting second reading debate, 19 September

Workers Compensation Legislation Amendment Bill 2018 - in Legislative Council, second reading debate adjourned 5 calendar days, 19 September

New journals

Fri Sep 21 2018

Australian law journal, Volume 92(7), July 2018 - in this issue : Current issues : Dr Nuncio D'Angelo (ed) - Family Court and Federal Circuit Court to be merged, Hayne Royal Commission and "independent" reports, Corporate culture - an oxymoron?, More on the "dual citizenship crisis" and section 44 of the Constitution, Review of ASIO's questioning and detention powers - recommendations made, The latest on the nation redress scheme for survivors of institutional child sexual abuse, Highest ever penalty under the Competition and Consumer Act : ACCC v Yazaki Corp [2018] FCAFC 73, NSW sexual consent laws to be reviewed, NSW review of laws relating to beneficiaries of trusts, Victoria's legislation to overcome Ellis v Pell now passed / Trustees' rights of indemnity, insolvency and statutory distributions to preferred creditors Justice Mark Leeming / Personalia : Emily Vale (ed) - Commonwealth : Deputy Chief Justice John Alstergren, Australian Capital Territory : Justice Crissa Loukas-Karlsson, Queensland : Justice Graeme Crow and Justice Soraya Ryan, Tasmania : Appointment of senior counsel, Victoria : Justice Michelle Quigley / Recent cases : Negligence - personal injury - damages - present value of future loss - diagnosis of terminal malignant mesothelioma post-retirement - Superannuation Act 1988 (SA) and age pension under Social security Act 1991 (Cth) - Amaca Pty Ltd v Latz (2018) 92 ALJR 579 Ruth C A Higgins, Migration - protection visas - judicial review of credibility assessment - whether tribunal failed to give proper, genuine consideration to evidence - adverse credibility findings without logical or probative basis - BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Douglas McDonald-Norman / Sentencing inconsistencies : a case study Dr Clare Farmer, Ian Parsons and Professor Mirko Bagaric / Setting aside expert determinations - a comprehensive review Grant Lubofsky / The legislative challenge of facilitating climate change adaptation for biodiversity Phillipa C McCormack / Obituary : The Hon Laurence Street AC KCMG QC Hon Arthur R Emmett AO QC BA LLB LLM LLD / Reports : CRI026 v Republic of Nauru [2018] HCA 19 Philip G Claxton, DWN027 v Republic of Nauru [2018] HCA 20 Philip G Claxton, EMP144 v Republic of Nauru [2018] HCA 21 Philip G Claxton, CRI028 v Republic of Nauru [2018] HCA 24 Philip G Claxton,

Judicial review, Volume 14(1), September 2018 - in this issue : New trick for old dogs : the limits of judicial review of integrity bodies The Honourable T F Bathurst AC / Unequal justice for Indigenous Australians The Honourable Wayne Martin AC / Proscriptive and prescriptive duties : is the distinction helpful and sustainable, and if so, what are the practical consequences? The Honourable Justice Fabian Gleeson / The right to die - limits to the parens patriae jurisdiction The Honourable Justice James Henry

New law reports

Fri Sep 21 2018

Commonwealth law reports, Volume 261(1), September 2018 - in this issue : Day v Australian Electoral Officer (SA); Madden v Australian Electoral Officer (Tas) / Murphy v Electoral Commissioner / Ramsay Health Care Australia Pty Ltd v Compton

District Court law reports (NSW), Volume 26(2), September 2018 - in this issue : Colak v (No 2) / Douglas v Secretary, Department of Family and Community Services / Foong v Ghaly / Foong v McLellan / Howells v Mandalong Pastoral Management Pty Ltd / Leach v Harpur / R v Bartuccio / R v Domio / R v Egan / Robinson v New South Wales / Shakil v Goyal / Ventura v Higgins

South Australian state reports, Volume 130(3), September 2018 - in this issue : Legal Profession Conduct Commissioner v Mancini / Liquorland (Australia) Pty Ltd v Woolworths Ltd / Police, Commissioner of v Australian Lawyers Alliance Ltd / Police, Commissioner of v Coroners Court (SA) / Return to Work Corporation (SA) v Robinson

State reports (Western Australia), Volume 95(1), September 2018 - in this issue : Cumming v Town of Cambridge / Grewal v Owners of 16 Milligan Street Perth Strata Plan 43607 / Local Government and Communities, Chief Executive Officer, Department of v Scaffidi (No 2) / Mallard v City of Fremantle

Interesting articles, speeches, podcasts and media releases

Fri Sep 14 2018

Consumer data right by Valeska Bloch, Gavin Smith, Ian McGill, Michael Morris, Michael Park, Phil O'Sullivan, David Rountree, Jamie Griffin, Emily Cravigan, Alex Ortner, Leah Wickman, Claudia Hall and James Higgins of Allens - considers the Treasury Laws Amendment (Consumer Data Right) Bill 2018, if passed, it will establish an 'economy-wide consumer-directed data transfer system'

Digital currency and DLT developments by Peter Reeves, Georgina Willcock, Candice Fraser, Marcus Wong and Robert O'Grady of Gilbert + Tobin - examines developments in digital currencies and distributed ledger technology

Esports – is it a sport, a business or both? by Emma Johnsen and Nathan Mattock of Marque Lawyers - considers legal issues relating to esports

The judicialisation of values by Chief Justice Allsop AO

Juvenile or adult? Leap-year suspect causes headache for court by Jordan Hayne of ABC News - court had to consider whether a girl born on 29/2/2000 who committed a crime on the 28th of February 18 years later should be tried as an adult

Law Report (ABC) for 11 September presented by Damien Carrick - Report says we need to know who and why each prisoner is placed in solitary confinement in Victorian prisons

New consumer law protections in action : what is an unfair contract? by Andrew Lacey of McCabe Curwood - considers Australian Competition and Consumer Commission v Servcorp Ltd [2018] FCA 1044

Power to the purchaser – what to know before you sell off-the-plan in NSW by Grace Quiddington of Clayton Utz - considers proposals to amend the Conveyancing (Sale of Land) Regulation 2017 (NSW)

Record penalties against technology company - media release from the Fair Work Ombudsman about it obtaining record penalties against Macquarie Technology Group International Pty Ltd and owner Paul Desmond Wallace for failing to comply with an order to compensate an employee who had been unfairly dismissed

The rule of law and international trade by Justice Steven Rares

Seaworthiness, general average and “actionable fault” by Joe Hurley and Jesper Martens of HWL Ebsworth - considers Mount Isa Mines Ltd v The Ship “Thor Commander” [2018] FCA 1326

Securing our energy future : Corrs sits down with Kane Thornton of the Clean Energy Council by Jane Hider of Corrs Chambers Westgarth - Kane Thornton discusses where he sees the policy debate heading and emerging hybrid technologies

Two wrongs don’t make a legal right by Lionel Hogg of Gadens - considers R (Gallaher Group Ltd and others) v Competition and Markets Authority [2018] UKSC 25

When the purchaser doesn’t complete : rights of the purchaser to rescind by Sydney Jacobs of 13 Wentworth Selborne - examines the rights of a purchaser to rescind

Whopping fines for telling whoppers : increase in penalties for breach of ACL by Paul McLachlan, Alex Hutchens, Belinda Breakspear, Matthew McMillan and Shilpa Sagy of McCullough Robertson - the Treasury Laws Amendment (2018 Measures No. 3) Act 2018 (Cth) amended the Australian Consumer Law to align the maximum civil penalties for consumer law breaches with those currently applicable to the competition provisions of the Competition and Consumer Act 2010 (Cth)

Library hours changing from 2nd October

Fri Sep 14 2018

From Tuesday 2nd of October the library hours will be 8.30 to 5.30.

But, did you know that you have remote access to all sorts of great electronic resources!

See posts above about Lexis Red and the vast ebook collection.