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New judgments

Fri Sep 14 2018

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379 - the Fair Work inspector's exercise of "compliance powers" under s 706 of the Fair Work Act 2009 (Cth)

Mighty River International Ltd v Hughes & Ors; Might River International Ltd v Mineral Resources Ltd & Ors [2018] HCA 38 - voluntary administration

Pipikos v Trayans [2018] HCA 39 - equity, doctrine of part performance

The Queen v Dennis Bauer (A Pseudonym) [2018] HCA 40 - sexual offence, tendency evidence

R v Bayda; R v Namoa (No 3) [2018] NSWSC 1381 - criminal law, "conspiracy to do act in preparation for terrorist act", spousal immunity? Wagner & Ors v Harbour Radio Pty Ltd & Ors [2018] QSC 201 - defamation, 2GB, 4BC and Alan Jones

New journals

Fri Sep 14 2018

Alternative law journal, Volume 43(2), 2018 - in this issue : We have lift off! Why Australia needs a new space agency Melissa de Zwart / The disqualification of dual citizens from parliament : three problems and a solution Harry Hobbs, Sangeetha Pillai and George Williams / What can the banking royal commission achieve : regulating for good corporate culture? David Wishart and Ann Wardrop / Teaching an old dog new tricks : using courthouse facility dogs in Australia Ellen Wood, Paul Harpur and Nancy Pachana / Communicative consent in New South Wales : considering Lazarus v R James Monaghan and Gail Mason / Taking controlling and coercive behaviour seriously : criminalising domestic violence in NSW Madeleine Causbrook / Undoing a model system : a new federal custody notification service Eugene Schofield-Georgeson / The Northern Territory's adult guardianship scheme : depriving the vulnerable of a voice Alistair McLaren Sage / Social media use in the legal profession Alyce Zawacki / Introducing the cosmic person : an ecocentric legal subject Jana Norman / Universal forensic DNA databases : balancing the costs and benefits Marcus Smith / Can criminals use propranolol to erase crime-related memories? A response to McGorrery (2017) James Elsey and Merel Kindt / The wide scope of DNA collection and retention in Malaysia Mohd Munzil Muhamad / Assistance animals in Australian courts Robert Corr / Girlie fights violence Fay Kenews and Freda Peeple

Law Institute journal, Volume 92(9), September 2018 - in this issue : What tech tools can offer you Karin Derkley / Towards a sense of fair pay Carolyn Ford / "If Texas can why can't we?" Deborah Glass / Unpacking the technology question Fabian Horton / A hot topic Julian Webb and Judith Bennett / A virtual problem Adam Wakeling / Why lawyers should care Matthew Southwell / Understanding smart contracts Adam Lodders / Electronic contracts in Victoria Philip Barton and Emma Duke / Opportunity or wasted capital? Mira Stammers / Embracing a new PMS Peter Moran / Is tech fluency a legal ethical duty? Hana Lee / Keeping up with the latest Marcus Memmolo / Lawyers feeling ill-equipped Fabian Horton / Expect the unexpected Legal Practitioners' Liability Committee / De-regulated contract of sale of land Russell Cocks / Firms behind YWCA merger Kate Fazio / Call for long-term cultural change Bonnie Phillips and Vanessa Shambrook / Getting to the heart of the matter Carolyn Ford / Well may we say... / How to help / Call for corporate mentors Karin Derkley

New law reports

Fri Sep 14 2018

Family law reports, Volume 57(5), August 2018 - in this issue : Gamage v Gamage / Goodridge v Beadle / Murdock v Betham

Federal Court reports, Volume 255(3), September 2018 - in this issue : Australian Energy Regulator v Australian Competition Tribunal (No 2) / Australian Energy Regulator v Australian Competition Tribunal (No 3)

New South Wales law reports, Volume 96(1), September 2018 - in this issue : Re K's Statutory Will / Dino v Allianz Australia Insurance Ltd / Xiao v R / Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue / Qube Holdings Ltd v Residents Against Intermodal Development Moorebank Inc

Have you signed up for Lexis Red?

Fri Sep 14 2018

We subscribe to Lexis Red, a service that enables you to access LexisNexis loose-leaf services remotely on your desktop computer, laptop or tablet.

To subscribe just email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform.

For more information see our Lexis Red Guide.

Access is included as part of your Bar Association membership.

New law reports

Fri Sep 07 2018

New South Wales law reports, Volume 95(4), July 2018 - in this issue : Farrow v Nationwide News Pty Ltd / NU v NSW Secretary of Family and Community Services / New South Wales, State of v Bouffler / New South Wales, State of v Briggs / Secretary, Department of Family and Community Services v Smith

New South Wales law reports, Volume 95(5), August 2018 - in this issue : KN v R / New South Wales, State of v Smith / Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd / Spata v Tumino / Woollahra Municipal Council v Minister for Local Government

Interesting articles and podcasts

Fri Sep 07 2018

Bereaved mother entitled to widow allowance – Supreme Court by Lucy Eastwood on the UK Human Rights Blog - considers In the matter of an application by Siobhan Mclaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 where an unmarried mother won a landmark case that could allow cohabitees to claim Widowed Parent’s Allowance (previously only applicable to married parents)

Glassing by Tyson Brown of Armstrong Legal - examines glassing, the "striking someone with a drinking glass, or bottle, usually to the head, face or neck area" and possible criminal ramifications

High Court decision on judicial review for legal unreasonableness by Ian Temby and Joshua Smith of Maddocks - considers Minister for Immigration and Border Protection v SZVFW [2018] HCA 30

Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 by Jenne Tzavaras and Chris Lehmann of HWL Ebsworth - considers Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178, where the court found that "impairment arising as a result of an injury does not give rise to an entitlement to permanent impairment compensation under section 66 of the Workers Compensation Act where the injury is so serious that death will inevitably follow within a few minutes".

Law Report (ABC) for 4 September, presented by Damien Carrick - Tackling the financial fall out from family violence

Limitation periods in equity by Foez Dewan of McCabe Curwood - examines limitation periods in equity

The new Foreign Ownership of Australian Media Interests Register : an overview by Adam Foreman and Stephanie Rigg of Corrs Chambers Westgarth - examines the changes made by the Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Bill 2017 (Cth)

New journals

Fri Sep 07 2018

Adelaide law review, Volume 38(2), 2017 - in this issue : Sisyphus in the Agora? How the United Nations Working Group on the Use of Mercenaries functions as a special procedure of the Human Rights Council Kim Sorensen / Four legs good, two legs bad? Animal welfare vs the World Trade Organization (featuring Article XX of the General Agreement on Tariffs and Trade and Article 2 of the Technical Barriers to Trade Robert Cunningham and Susanah Vindedzis / The judicial incompatibility clause - or, how a version of the Kable principle nearly made it into the Federal Constitution Greg Taylor / What can I tell you? Sharing personal information in the schools sector Carolyn Adams and Krista Lee-Jones / Integrity of purpose : a legal process approach to designing a federal anti-corruption commission Grant Hoole and Gabrielle Appleby / Community engagement in the age of modern law reform : perspectives from Adelaide Sarah Moulds / Fact-finding and report writing by UN human rights mandate holders The Hon Michael Kirby and Rebecca LaForgia / Protecting democratic integrity : Re Day [No 2] (2017) 343 ALR 181 James Morgan / Re Culleton [No 2] (2017) 341 ALR 1 Caitlyn Georgeson / Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 James Keeves

Proctor, Volume 38(8), September 2018 - in this issue : Excellence in law : what makes a good lawyer? Ken Taylor / Service - our mark of distinction Rolf Moses / Never a bystander Rolf Moses / Bill seeks to override legislated process QLS Legal Policy Team / Apply to set aside, or appeal against an award? Russell Thirgood and Erika Williams / Our magistracy in profile / Pleading denials in the state courts Kylie Downes QC and Maxwell Walker / Accepting instructions from joint clients Stafford Shepherd / An exercise in futility - summary dismissal applications Christine Smyth / AI : the homophobic hurdle Michael Bidwell / Find yourself a mentor : just don't call them that! Jaclyn Webb / What's in a courthouse? David Bratchford / Gay couple win appeal on sperm donor 'parent' Robert Glade-Wright / In law, can we still live the flexible dream? Ruth Hatten / OK - you're no longer an employee... a practice idea that might make a big difference Dr Peter Lynch / Fakery by the bottle Matthew Dunn

University of Queensland law journal, Volume 37(1), 2018 - in this issue : Modelling public and private enforcement : the rationality of hybridity Kit Barker / Mediating between public and private enforcement in multi-jurisdiction settings Chris Noonan / Beyond the economic approach : why pluralism is important in competition law Barbora Jedlickova / To whom does Australian corporate and consumer legislation speak? Ross Grantham / Fighting cartels and corporate corruption - public versus private enforcement models : a flase dichotomy? Simon Bronitt and Alessia D'Amico / Redress facilitation orders as a sanction against corporations Brent Fisse / Deterrent penalties for corporate colluders : lifting the bar Caron Beaton-Wells and Julie Clarke / Arbitrability of cartel damages claims in the European Union : CDC, Kemira, Microsoft Mobile Renato Nazzini / Antitrust damages in EU law : the interface of multifarious harmonisation and national procedural autonomy Albertina Albors-Llorens / Does the EU's drive for private enforcement of competition law have a coherent purpose? Andreas Stephan / The temple of leniency : thoughts inspired by the work of Laura Guttuso Spencer Weber Waller

Interesting articles and podcasts

Fri Aug 31 2018

Amendments to Australia’s IP legislation approved by Luke Dale, Ashley Holland and Niomi Abeywardena of HWL Ebsworth - examines the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth)

Employee's resignation not 'forced' by Charles Power and Lauren Drummond of Holding Redlich - considers Davidson v Qube Logistics Vic Pty Ltd T/A Qube Holdings [2018] FWC 4481

Full Federal Court speaks on competing class actions by Jenny Campbell and Gert-Jan Hendrix of Allens Linklaters - the Full Federal Court ordered the transfer of four shareholder class actions against AMP to the New South Wales Supreme Court

The future of privacy by Cheng Lim, Charles Davies, Lauren Murphy and Cal Samson of King and Wood Mallesons - considers privacy and data use and governance models for the future

Have home owners warranty insurers won a battle, but lost the war? by Frank Hicks of Greenway Chambers - considers The Owners Strata Plan No 66375 v King [2018] NSWCA 170

(Im)permanent impairment : the consequence of time by Chad Farah of McCabe Curwood - considers the decision in Ilic v 2/11 Leonard Ave Pty Ltd (in liquidation) [2018] NSWWCCPD 34

Law Report (ABC) for 28 August presented by Damien Carrick, includes Scrutiny over Peter Dutton eligibilty for parliament, Law Council calls for greater access to justice and The first Chinese-Australian barrister

New Child Support (Assessment) Act amendments permit administrative termination of binding child support agreements where care arrangements reverse or reduce by Paul Lewis of Gadens - examines amendments to the Child Support (Assessment) Act 1989 (Cth) which have simplified the way that binding child support agreements can be terminated in some circumstances

NSW Conveyancing Act a useful tool for creditors and insolvency practitioners by Jennifer Ball and Louisa Tan of Clayton Utz - examines s 37A of the Conveyancing Act 1919 (NSW) and the decision in Lardis v Lakis [2018] NSWCA 113

Oppression amongst ophthalmologists : Dr Leo Shanahan v Jatese Pty Ltd [2018] NSWSC 1088 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers oppressive conduct and the decision in Dr Leo Shanahan v Jatese Pty Ltd [2018] NSWSC 1088

Uncertainty as part of certainty : appreciating the limits of definitional clarity and embracing the uncertainty inherent in any matter of complexity - speech by Chief Justice Allsop AO at the Australian Academy of Science and Australian Academy of Law Joint Symposium, 23 August

New judgments

Fri Aug 31 2018

Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited (No 2) [2018] FCA 1286 - making of false or misleading representations

Budiyanto v KPI 6 Pty Ltd [2018] NSWSC 1313 - land law, "failure by purchaser to replace deposit bond within a certain time"

Faruqi v Latham [2018] FCA 1328 - defamation, "What does the martyrdom of Christians in the Roman Empire between the reign of the Emperor Nero Claudius Caesar Augustus Germanicus and Emperor Flavius Valerius Aurelius Constantinus Augustus have to do with a defamation action commenced in Australia in 2017?"

Friend v Reavill Farm Pty Ltd [2018] NSWSC 1321 - land law, mortgages, possession of land

New journals

Fri Aug 31 2018

Australian corporate lawyer, Volume 28(3), Spring 2018 - in this issue : A day in the life, Kit Wilson, Deputy General Counsel, Hong Kong and Shanghai Banking Corporation / E-commerce in China and Australia - challenges for in-house counsel Alistair Grant / 2018 International Arbitration Survey : the evolution of international arbitration Max Bonnell, Stuart Blaxell and Marina Kofman / Copyright here and across borders - tips for Australian in-house lawyers Jacqueline Plunkett / The issues of working on cross-border transactions and disputes Janine Thompson and Cathy Zhao / Conducting litigation efficiently and cost-effectively - tips from seasoned litigators Nick Galloway, Matthew Kennedy and Kate Hurford / Managing a regional and dispersed legal workforce in Asia Graham Wladimiroff / Tailor your international arbitration agreement to reduce time, control costs, and reach desirable outcomes Kim Taylor and John W Hinchey / Moving beyond relationships for smarter, more strategic engagement decisions Sacha Kirk / Leading high-performing project teams in cross-border environments Peter Dombkins and Anu Briggs / Expanding cross-border roles of legal teams in emerging Southeast Asian markets Najla Zamri, Athistha (Nop) Chitranukroh and Jenny Karlsson / Is the general counsel the moral guardian of the company? Margaret Gillespie and Nick Galloway

Australian law journal, Volume 92(6), June 2018 - in this issue : Current issues Justice Francois Kunc (ed) - Legal fictions and personal responsibility, Penalties for corporate misconduct, ALRC inquiry into indigenous incarceration rates, Living on in cyberspace, A new look for the contemporaneous file note, Open Courts Act review in Victoria, Victorian Aboriginal treaty Bill, Inquiry into class action proceedings and third-party litigation funders Hon Justice S C Derrington / Conveyancing and property - Reform in elder law - granny flats Patricia Lane / Around the nation : Tasmania - A tale of two courts Justice Stephen Estcourt AM / Around the nation : Western Australia - Defamation trial sequel to a murder trial : Rayney v western Australia (No 9) [2017] WASC 367 Justice Kenneth Martin / Personalia Emily Vale (ed) - Justice Katrina Banks-Smith, Justice Craig Colvin, Justice Simon Steward, Justice Peter McClellan AM / Recent cases Ruth C A Higgins SC (ed) - Practice and procedure - stay of proceedings - application for leave to file and serve amended statement of claim - refused with costs taxed immediately - costs unpaid because appellant impecunious - Rozenbilt v Vainer [2018] HCA 23 Ruth C A Higgins SC, Defamation - contextual truth defence - whether defendants may plead back a plaintiff's substantially true imputations - Defamation Act 2005 (NSW) s 26 - Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77 Michael Douglas, United Kingdom - supreme court - contract law - licence of premises - no oral modification clause - whether effective - MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24 R D Turnbull / Extending the life of a discretionary trust Michael Flynn QC / Unseen networks : the legal professions' involvement i the Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Mark Lunney / Can there ever be affordable family law? Patrick Parkinson and Brian Knox / Obituary - Patrick Brazil AO KLJ T A Sherman and D A Hassall / Reports - Burns v Corbett; Burns v Gaynor; Attorney General (NSW) v Burns; New South Wales v Burns [2018] HCA 15, Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16, R v Gallagher [2018] HCA 17, Collins v The Queen [2018] HCA 18

Law Society journal, Issue 48, September 2018 - in this issue : Six minutes with Keerthi Ravi, Associate, Disputes and Investigations Team, Allens / Independent review calls for $15.6 million extra funding for CLCs / Global survey to expose bullying and sexual harassment in law / Why NSW needs a specialist coroners court Hugh Dillon / Saving and securing access to justice : a plan for community legal centres Mark Speakman / One too many Kate Allman / Everyone's a player Dominic Rolfe / Reframing her narrative Melissa Coade / Why misstakes [sic] make us Ray Steinwall / A day in the life of Jahan Kalantar, Partner, Executive Legal Melissa Coade / Putting the boot in Dominic Rolfe / Oh baby! Melissa Coade / Spin your wheels for great legs Azal Khan / The case that changed me Anna Coady / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Commonwealth redress scheme for institutional child sexual abuse : direct personal responses Steve Lancken and Robyn Bailey / Righting the relic : towards effective protections for criminal record discrimination Rosalind Croucher / The limitations for a modern day bag search Jack de Flamingh and Phillip Magness / Limitation periods in equity - taking an analogous approach Elissa Baxter and Alex Haslam / Taking security for legal costs : lessons from Malouf v Constantinou Michelle Castle and Andrew Bailey / Regulators' investigatory powers and the Harman obligation not to disclose Michael Legg and Stephen Speirs / Singapore Convention 2018 reshaping alternate dispute resolution and enforcement Craig Carter / Avoiding contempt of court for breach of freezing orders : it's a matter of trust Angus Macinnis / Financial abuse and forfeiture Ruth Pollard and Darryl Browne / The 'poster boy' plaintiff and contumacious, contumelious, criminal and civil contempt Talitha Fishburn / The tricky business of amending trust deeds Jim Main / The latest from the Federal Court Dan Star QC / Criminal law Thomas Spohr / Family law Robert Glade-Wright / Wills and estates Darryl Browne

New law reports

Fri Aug 31 2018

Family law reports, Volume 57(4), 16 August 2018 - in this issue : Department of Family and Community Services v Magoulas / Rizeq v Western Australia / Zagoreos v Zagoreos

Federal Court reports, Volume 255(2), August 2018 - in this issue : Coshott v Prentice / Mercer Superannuation (Australia) Ltd v Billinghurst / Rowley v Chief of Army / Rrumburriya Borroloola Claim Group v Northern Territory / Singh v Minister for Immigration and Border Protection / SZMTA v Minister for Immigration and Border Protection

Tasmanian reports, Volume 25(4), August 2018 - in this issue : Burrage v Rural Press Ltd / Director of Public Prosecutions (Acting) v CBF / R v Kotynia-English / Stebbins v Tasmania / Tasmanian Perpetual Trustees Ltd v Attorney-General

Western Australian reports, Volume 52(5), August 2018 - in this issue : GLS v Russell-Weisz / Scaffidi v Chief Executive Officer, Department of Local Government and Communities

Interesting articles and podcasts

Fri Aug 24 2018

Are your casual employees actually casuals? by Ben Marshall and Hannah Pelka-Caven of Holding Redlich - considers WorkPac Pty Ltd v Skene [2018] FCAFC 131

Consumer law penalties increase dramatically by Richard Westmoreland of HWL Ebsworth - note the passing of the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Cth) and the increase in consumer law penalties

Imperfect does not always equate to negligent : the Court of Appeal further refines the parameters of ‘reasonable’ inspections by Lia Sparks of McCabe Curwood - considers Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176

Law Report (ABC) for 21 August presented by Damien Carrick - Electronic monitoring in the criminal justice system

An update on the new GST withholding regime for the sale of residential premises by Ian Miller and Tim Story of Hunt and Hunt - examines the Treasury Laws Amendment (2018 Measures No 1) Act 2018 (Cth)

When a solicitor’s oversight constitutes an “exceptional circumstance” by Andrew Gorman of McCabe Curwood - considers Alam v Allianz Australia Insurance Limited [2018] NSWSC 1214

New judgments

Fri Aug 24 2018

AWU v AstraZeneca Pty Ltd [2018] FWC 4660 - sick leave for shift workers

Environment Protection Authority v Edward Gilder [2018] NSWLEC 119 - environment offence, executive liability, place used as a waste facility without lawful authority contrary to s 144(1) of the Protection of the Environment Operations Act 1997 (NSW)

EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 - industrial law, accessorial liability

Georges River Council v Stojanovski [2018] NSWLEC 125 - development without the appropriate consent

Jannell Storr v Industrial Relations Secretary on behalf of the Secretary, Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1049 - application for relief from victimisation

R v Walsh [2018] NSWSC 1299 - murder, prisoner killed cellmate during lock-down, forth murder, whether the maximum penalty should be imposed

Reckitt Benckiser (Australia) Pty Ltd v GlaxoSmithKline Australia Pty Ltd [2018] FCAFC 138 - consumer law, comparative advertising, pain relief

Transport for NSW v Waters [2018] NSWCATAP 200 - access to government information, Waters alleged that Transport for NSW had collected his travel data (via his Gold Opal Card) for an unlawful purpose

New journals

Fri Aug 24 2018

Brief, Volume 45(7), August 2018 - in this issue : Interview with the Hon Wayne Martin AC, QC, 13th Chief Justice of Western Australia / Farewell to the Honourable Chief Justice Wayne Martin AC / Toast to the High Court of Australia Simon Freitag SC / Response to Simon Freitag SC's Toast to the High Court of Australia The Hon Justice James Edelman / EU General Data Protection Regulation : what you need to know Daniel Coster / Interview with Melissa Paterniti, the Law Society's Law Graduate Programme / Interview with the Hon Malcolm McCusker AC CVO QC, New Chairman of Law Access / Third party funding in the resources sector : what you need to know Nathan Landis

New law reports

Fri Aug 24 2018

Commonwealth law reports, Volume 260(4), August 2018 - in this issue : Bell Group NV (in liq) v Western Australia / Jakaj v Director of Public Prosecutions (SA) / Maranoa Transport Pty Ltd (in liq) v Western Australia / NH v Director of Public Prosecutions (SA) / Perara-Cathcart v The Queen / R v Holliday / Stakaj v Director of Public Prosecutions (SA) / WA Glendinning and Associates Pty Ltd v Western Australia / Zefi v Director of Public Prosecutions (SA)

District Court law reports (NSW), Volume 26(1), August 2018 - in this issue : Foster Carer, A v Department of Family and Community Services / Fromberg v The Queen / Gerasimov v Allianz Australia Life Insurance Ltd / Gerasimov v Onepath Life Ltd / Gerasimov v Suncorp Life and Superannuation Ltd / Prime marble and Granite Pty Ltd v Mehajer / R v Mok / Rydstrand v Ganjekar / Starr v Insurance Australia Ltd

South Australian state reports, Volume 130(2), August 2018 - in this issue : Attorney-General (SA) v Jeffery / Chadwick v Police / Education and Child Development, Minister for v M / R v Bayraktar / R v Soyler / R v Yavuz / Rogers v Police / South Australia v Roberts

State reports (Western Australia), Volume 94(6), August 2018 - in this issue : Bennett v western Australian Planning Commission / Polaris Properties (WA) Pty Ltd v Pickworth / Prosser v City of Bunbury / Raphael House Pty Ltd v Commissioner of Consumer Protection