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New and updated NSW Bills

Fri Aug 17 2018

Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 - in Legislative Council awaiting second reading debate, 15 August, debate adjourned 5 calendar days

Companion Animals and Other Legislation Amendment Act 2018 - published on legislation website 17 August, Schedule 1 [1]–[5], [7], [8], [10], [14], [15], [17] and [19]–[22] will commence 31 August 2018, the remainder will commence 1 July 2019

Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August

Emergency Services Legislation Amendment Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018 - notice of motion in Legislative Assembly, 16 August

Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018 - passed by both houses, awaiting assent, 14 August

Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill 2018 - passed by both houses, awaiting assent, 15 August

Paintball Bill 2018 - passed by both houses, awaiting assent, 15 August

Protection of the Environment Operations Amendment (Marine Plastics Reduction) Bill 2018 - notice of motion withdrawn, 14 August

Residential Tenancies Amendment (Social Housing) Bill 2018 - passed by both houses, awaiting assent, 15 August

Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018 - in Legislative Council awaiting second reading debate, 15 August

RSL NSW Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018 - in Legislative Assembly awaiting second reading debate, 15 August, debate adjourned 5 clear days

Unexplained Wealth (Commonwealth Powers) Bill 2018 - passed by both houses, awaiting assent, 14 August

Waste Avoidance and Resource Recovery Amendment (Marine Plastics Reduction) Bill 2018 - in Legislative Council, second reading debate adjourned, 16 August

Interesting articles and podcasts

Fri Aug 17 2018

Australia introduces domestic violence leave by Erin Kidd of McCabe Curwood - effective 1 August 2018 the Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards

Determining a defendant's capacity to pay in work health and safety sentencing by Carmel Lee of Greenway Chambers - provides guidance on determination of the capacity of a defendant to pay

Developers, love thy neighbour – accessing neighbouring land to undertake development by Scott Alden, Tony Britt and Christopher Yong of Holding Redlich - examines accessing neighbouring land

Law Report (ABC) for 14 August presented by Damien Carrick - Hiring and firing by an automated system, also see A robot didn't take Ibrahim's job, but it did fire him by Monique Ross and Damien Carrick for ABC's The Law Report

Non-conviction orders for drink driving by Andrew Fraser or Armstrong Legal - examines non-conviction orders for drink driving in NSW and the ACT

Public health law and health leadership in the United States : what can Australia learn? - speakers : Adjunct Professor Alexandra Phelan, Professor Roger Magnusson, Professor Lawrence Gostin and Professor Simon Jackman (Chair) from University of Sydney Law School

Teacher reinstated after flawed student allergy dismissal by Steven Penning, Laura Gavan and Jessica Lim of HWL Ebsworth - examines Catherine Kelly v The Hills Christian Community School Inc T/A The Hills Christian Community School [2018] FWC 4134

There's no time like the present - Australian government introduces national gift card reforms by Anne-Marie Allgrove, Jonathan L Flintoff and Stephen Watts of Baker and McKenzie - the Australian Government has released the draft Competition and Consumer Amendment (Gift Cards) Bill 2018 for public consultation

What could impact the next chapter of workplace relations in Australia? by Geoff Giudice of Ashurst - considers key factors which may indicate what will happen in Australian workplace relations

Why the long face? – factors affecting the enforceability of verbal contracts by Tim Case, Gabriella Ritchie and Alan Wrigley of McCullough Robertson - examines Blue v Ashley [2017] EWHC 1928 (Comm)

New journals

Fri Aug 17 2018

AIAL forum, Issue 92, July 2018 - in this issue : Recent developments Katherine Cook / Hiding the boats : Australia's classification of information relating to smuggled persons Samuel C White / Roles in protective management of person and property The Hon Justice Geoff Lindsay / Integrity : the keystone to good tax administration Michael D'Ascenzo AO / Fitness and propriety, spent convictions and technology : lessons from ASIC investigations Nathalie Ng and James Regan / Expulsion : a comparative study of Australia and France Dr Chantal Bostock / ADJR at 40 : in its prime or a disappointment to its parents? Greg Weeks / Case note : Legal Practitioner P1 v ACT Civil and Administrative Tribunal Kristy Katavic

Consultation on draft Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

Fri Aug 17 2018

The Department of Home Affairs has released an exposure draft Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018. If enacted, the change would give intelligence agencies and the police the ability to ask companies for voluntary assistance with lifting encryption, facilitating access to devices, or concealing that agencies have undertaken a covert operation. Feedback and comments are welcomed, the deadline for submissions is 10 September 2018, see details here.

New judgments

Fri Aug 17 2018

New law reports

Fri Aug 17 2018

Federal Court reports, Volume 254(4), August 2018 - in this issue : AIB16 v Minister for Immigration and Border Protection / Beaman v Bond / Immigration and Border Protection, Minister for v AMA16 / Immigration and Border Protection, Minister for v Nguyen / Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (in liq)

Federal Court reports, Volume 255(1), August 2018 - in this issue : Frugtniet v Australian Securities and Investments Commission / He v Minister for Immigration and Border Protection / Hocking v Director-General of National Archives of Australia / Muggeridge v Minister for Immigration and Border Protection / Wing v Fairfax Media Publications Pty Ltd

New books

Fri Aug 17 2018

Interesting articles and podcasts

Fri Aug 10 2018

Beyond line of sight : CASA releases review into Australia’s drone rules by Alex Hutchens, Matthew McMillan and Belinda Breakspear of McCullough Robertson - examines drone rules

Caveats, lapsing notices and extensions by Joshua Knackstredt of Greenway Chambers - examines caveats

Defamation development : comments on social media increase the scope of potential liability by Dan Pearce of Holding Redlich - considers Johnston v Aldridge [2018] SADC 68

Establishing a right to privacy in Australia : what would it look like, and how would it work? by Richard Leder and Sanjay Schrapel of Corrs Chambers Westgarth - contends that the UK decision in Richard v British Broadcasting Corporation [2018] EWHC 1837(Ch) indicates that recognising a tort of privacy in Australia could potentially have troubling consequences

Gone phishing : cyber intrusions, email scams and notifiable data breaches by Andrew Miers, Jason Symons and Julian Amato of HWL Ebsworth - examines malicous cyber intrusions

Harry Kane fiver : is it legal to draw on money? from BBC News - considers a five pound note engraved with the head of footballer Harry Kane and whether it is illegal to deface banknotes by printing, writing or adding words, letters or figures

Law Report (ABC) for 7 August presented by Damien Carrick - includes Workers compensation for psychiatric injuries in South Australia and Performance artists, the ultimate gig economy workers

Mental health and criminal charges : variation in diversion pathways in Australia by Fiona Davidson, Edward Heffernan, David Greenberg, Rhondda Waterworth and Philip Burgess (see article for affiliations)

Mobile phone offences by Trudie Cameron of Armstrong Legal - examines mobile phone offences and the increase in demerit points that will come into effect in September

The perils of unsigned contracts of employment and of rushing to court by Chris Quinn of Littleton Chambers (UK) - considers Tenon FM Limited v Cawley 2018 EWHC 1972 (QB)

New and updated NSW Bills

Fri Aug 10 2018

Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018 - proclamation commencing Act published on NSW legislation website 10 August, 13 August 2018 appointed as the day on which the Act commences

Crimes and Anti-Discrimination Legislation Amendment (Racial and Other Vilification) Bill 2018 - lapsed in accordance with standing orders 7 August

Environmental Planning and Assessment Amendment (Moratorium and Restrictions on Recovering Energy from Waste) Bill 2018 - lapsed in accordance with standing orders 8 August

Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill 2018 - introduced in Legislative Assembly and second reading, 8 August, awaiting second reading debate

Paintball Bill 2018 - notice of motion in Legislative Assembly, 7 August

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2018 - notice of motion in Legislative Assembly, 7 August

Residential Tenancies Amendment (Social Housing) Bill 2018 - in Legislative Council, to be reported 8 August

Road Rules Amendment (Slowing Down for Police and Incident Response Vehicles) Bill 2018 - in Legislative Assembly second reading debate in progress, 9 August

Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018 - introduced in Legislative Assembly and second reading, 8 August, awaiting second reading debate

Water Management Amendment Act 2018 - proclamation commencing Act published on NSW legislation website 8 August, 9 August 2018 appointed as the day on which Schedule 1 [60] of the Act commences

Call for submissions on the Building and Development Certifiers Bill 2018 (NSW) exposure draft

Fri Aug 10 2018

Submissions are invited on the proposed Building and Development Certifiers Bill 2018 by 4 September 2018 at 5pm, see information here. The Bill seeks to strengthen the certification system, clarify certifier roles and responsibilities, improve independence of certifiers, tighten licensee probity requirements and improve licensing administration, complaint handling and disciplinary measures.

New judgments

Fri Aug 10 2018

Akhter v Khan (Rev 2) [2018] EWFC 54 - considered the status of an Islamic (Sharia) marriage that didn't comply with all the usual formalities required in England and Wales

The Commissioner of Taxation for the Commonwealth of Australia v Thomas; The Commissioner of Taxation for the Commonwealth of Australia v Martin Andrew Pty Ltd; The Commissioner of Taxation for the Commonwealth of Australia v Thomas Nominees Pty Ltd; The Commissioner of Taxation for the Commonwealth of Australia v Thomas [2018] HCA 31 - taxation, Division 207 in Pt 3-6 of Income Tax Assessment Act 1997 (Cth)

DL v The Queen [2018] HCA 32 - criminal law, murder, procedural fairness, miscarriage of justice

DRB18 v Minister for Home Affairs [2018] FCA 1163 - migration, negligence, applicant in detention on Nauru, application for interlocutory injunction requiring the provision to the applicant of urgent medical treatment

Henney v Commissioner of Police, NSW Police Force [2018] NSWCATAD 174 - prohibited firearm, silencer, whether vermin control is a genuine reason contemplated by s 11 of the Weapons Prohibition Act 1998 (NSW)

Lavender v Director of Fisheries Compliance, Department of Industry Skills and Regional Development [2018] NSWCA 174 - extraterritorial application of the Fisheries Management Act 1994 (NSW) and Fisheries Management (Abalone Share Management Plan) Regulation 2000 (NSW)

Minister for Immigration and Border Protection v SZVFW & Ors [2018] HCA 30 - migration, protection visas

R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary) (Respondent) [2018] UKSC 32 - court found that provisions in the Civil Partnership Act 2004 (UK) preventing opposite sex couples from entering into a civil partnership are incompatible with the European Convention on Human Rights

The Queen v Falzon [2018] HCA 29 - criminal law, drug trafficking

Zaki Property Pty Ltd v ACE Australian construction Experts Pty Ltd (No 2) [2018] NSWSC 1207 - party/party costs, quantification, Calderbank offers

New journals

Fri Aug 10 2018

Australian law journal, Volume 92(5), May 2018 - in this issue : Current issues - Maritime boundary treaty signed with Timor-Leste, #MeToo comes to the legal profession, Victoria legislates to overcome Ellis v Pell, Contempt and criticism of judges, The "Justice state of the nation" address, Defamation law reform in the internet age, A taste of things to come?, A changing of the guard at Thomson Reuters Justice Francois Kunc (ed) / Conveyancing and property - The age of entitlement : family provision claims by adult children Jennifer Stuckey-Clarke / Vale Central Australian Aboriginal Legal Aid Service - 1973 to 2017 Glen Dooley / Recent cases - Civil procedure - whether party can give evidence while face covered by veil - discretionary decision of trial judge to refuse to allow witness to give evidence with face covered - Elzahed v New South Wales [2018] NSWCA 103 Ruth C A Higgins, Succession - wills - inheritance - appeal against a decision granting an application made by the respondent under s 6(1) of the Family Provision Act 1972 (WA) for further and better provision from the testator's estate - Lemon v Mead [2017] WASCA 215 Hugh Morrison, United Kingdom - breach of contract - assessment of damages - Wrotham Park money awards - Morris-Garner v One Step (support) Ltd [2018] UKSC 20 John Eldridge / Young's "Fact finding made easy" in refugee law : a former practitioner's perspective Douglas McDonald-Norman / Hear no evil, see no evil, speak no evil... and, read no evil : confiscation of literary proceeds under Australian criminal property confiscation legislation Dr Natalie Skead / Aggravating and mitigating factors in sentencing : comparing the views of judges and jurors Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn / Clone Pty Ltd v Players Pty Ltd (in liq) (receivers and managers appointed) [2018] HCA 12 / WET044 v Republic of Nauru [2018] HCA 14

Law Institute journal, Volume 92(8), August 2018 - in this issue : Changing the rules Carolyn Ford / Vulnerable children need advocates Leah Tolley / PEXA hack boosts calls for delay Karin Derkley / My struggle and recovery John Toohey / GST withholding at settlement David P Lloyd and Murray McCutcheon / Co-ownership disputes Philip Barton / Highway robbery? Adverse possession of roads Robert Bradley / No Longer a victim Norman Mermelstein / The sky is not the limit, it's the solution Nafsika Palbas / Defects and demands Harrison Wall / Unethical or incompetent - does it matter? Gino Dal Pont / When to say goodbye Legal Practitioners' Liability Committee / Green light for contingency fees Victorian Law Reform Commission / Sheriff held up Russell Cocks / A just life Lucy Adams and Chris Povey / EU sets new standard Belinda Tralli / Protected under the Evidence Act? Jessica Andreacchio / How to tackle cyber-bullying Hayley Chester and Alex Dworjanyn

Psychiatry, psychology and law, Volume 25(3), June 2018 - in this issue : Clinical perspectives on inpatient forensic psychiatric rehabilitation in a low secure setting : a qualitative study Abdal Khan, Rajesh Maheshwari and Lil Vrklevski / Domestic and family violence, mental health and well-being, and legal engagement Heather Douglas / The experiences of young complainant witnesses in criminal court trials for sexual offences Isabell Randell, Fred Syemour, Emily Henderson and Suzanne Blackwell / New Zealand youth fitness to stand trial : the impact of age, immaturity and diagnosis on evaluator opinions and court determinations Davin Tan, Susan Hatters Friedman, Caleb Armstrong, Judge Tony Fitzgerald and Chelsea Neumann / The defendant with the prison tattoo : the effect of tattoos on mock jurors' perceptions Kelly A Brown, Blake M McKimmie and Theodora Zarkadi / The use of alcohol and/or drugs in intimate partner homicide : themes in judges' sentencing remarks Marion Whittle and Guy Hall / Drug use as a risk factor of moral disengagement : a study on drug traffickers and offenders against other persons Giulio D'Urso, Irene Petruccelli and Ugo Pace / Unmaking a murderer : behaviour sequence analysis of false confessions David A Keatley, Abbie Marono and David D Clarke / What evidence matters to jurors? The prevalence and importance of different homicide trial evidence to mock jurors Kimberly Schweitzer and Narina Nunez / Assessing violence risk with Aboriginal and Torres Strait Islander offenders : considerations for forensic practice Andrew Day, Armon J Tamatea, Sharon Casey and Lynore Geia / safeguarding rights to liberty and security where people with disability are subject to detention and restraint : a rights-based approach (part one) Kim Chandler, Ben White and Lindy Willmott / Moral challenges for psychologists working in psychology and law Alfred Allan

Sydney law review, Volume 40(2), June 2018 - in this issue : Australia's national registration and accreditation scheme for health practitioners : a national approach to polycentric regulation? Belinda Bennett, Terry Carney, Mary Chiarella, Merrilyn Walton, Patrick Kelly, Claudette Satchell and Fleur Beaupert / Temporary migrant labour and unpaid work in Australia Joanna Howe, Andrew Stewart and Rosemary Owens / Australia's position on investor-state dispute settlement : fruit of a poisonous tree or a few rotten apples? Kyle Dylan Dickson-Smith and Bryan Mercurio / Illegal phoenix activity : practical ways to improve the recovery of tax Helen Anderson / The "Australian position" concerning criminal complicity : principle, policy or politics? Andrew Dyer

New books

Fri Aug 10 2018

Consultation on Australia's intellectual property laws

Fri Aug 03 2018

IP Australia has released an exposure draft Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018 for public comment, the deadline for submissions on the draft is 31 August 2018, see here. The proposed changes include amendment of inventive step requirements for Australian patents, introduction of an objects clause into the Patents Act 1990 (Cth) and the phasing out of the innovation patent system.

ACCC will review the proposed takeover of Fairfax Media by Nine Entertainment

Fri Aug 03 2018

The ACCC is preparing to begin a public review of the $4.2 billion takeover, see Nine Entertainment Co Holdings Limited (Nine) - proposed merger with Fairfax Media Limited (Fairfax) on the ACCC website which states that the it will have a provisional timeline of approximately 12 weeks, and involve consultation with industry stakeholders. Also see Competition regulator to assess Nine's proposed takeover of Fairfax for impact on media diversity by ABC senior business correspondent Peter Ryan which notes that the review will begin once the regulator receives submissions and further relevant information from both parties.

Interesting articles, speeches, videos and podcasts

Fri Aug 03 2018

CU LAB : Modern slavery laws : who's covered and what happens now by Lauree Coci of Clayton Utz

Law Pod UK, Episode 40 - How AI and algorithms impact on regulation and adjudication - Cary Coglianese, David Lehr and Rosalind English speculate on how algorithms and artificial intelligence impact on regulation and adjudication now and in future

Law Report (ABC) for 31 July presented by Damien Carrick - Should we have religious discrimination legislation?

Making room for hipster development : expanding retail development in industrial and rural zones by Breellen Warry, Peter Holt and Georgia Appleby of Holding Redlich - the New South Wales government has introduced the Standard Instrument (Local Environmental Plans) Order 2006 to permit land uses which would ordinarily be prohibited in industrial or rural zones

No limits? Enforceability of temporal and monetary limits for misleading or deceptive conduct claims by Adam Firth, Luke Carbon and Mariel Hoare of Ashurst - considers Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246

Rash employee exits : a genuine departure or mistaken resignation? by Heinz Lepahe of HWL Ebsworth - considers Bupa Aged Care Australia Pty Ltd T/A BUPA v Shahin Tavassoli [2018] FWCFB 2607

Review of the family law system : issues and opportunities by Professor Helen Rhoades, a presentation to the Australian Institute of Family Studies 2018 Conference

Rules for drafting affidavits by Bree Staines of Armstrong Legal - changes to the Family Law Rules 2004 have changed the way affidavits are to be drafted and accepted into evidence

New judgments

Fri Aug 03 2018

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117 - industrial law, contraventions of s 348 of Fair Work Act 2009, personal payment orders

Health Care Complaints Commission v Joffe [2018] NSWCATOD 121 - complaints about psychologist in relation to conduct, fees etc, whether they amounted to professional misconduct

R (Maughan) v HM Senior Coroner Oxfordshire and others [2018] EWHC 1955 (Admin) - coronial law, suicide, criminal standard of proof (beyond reasonable doubt), in this instance the court found that the standard of proof is the civil standard of proof (balance of probabilities)

Re FX [2017] EWCOP 36 - capacity in the context of Prader-Willi syndrome

Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) - emergency calls, duty of care

Stepanoski v Aslan [2018] NSWSC 1160 - contracts, "battle of the forms"

New law reports

Fri Aug 03 2018

Western Australian reports, Volume 52(4), July 2018 - in this issue : Duro felguera Australia Pty Ltd v Samsung C&T Corporation / Samsung C&T Corporation v Duro Felguera Australia Pty Ltd

New journals

Fri Aug 03 2018

Australian law journal, Volume 92(4), April 2018 - in this issue : Current issues - Vale Robert "Bob" Baxt AO, The human factor, Unity in the High Court, National plan to address elder abuse, The tragedy and challenge of radicalisation, Appeals from Nauru come to an end, New specialist sections on technology and the law and class actions / Conveyancing and property - Creation of estates for services : New Zealand style Rod Thomas, Relevance to Australia Brendan Edgeworth / The legal observer - The regrettable secrecy on Nauru appeals Michael Pelly / Family law - Financial agreement anomalies between western and eastern Australia Richard Ingleby / From the law schools - What is the future of Australian legal education? Professor Michael Coper / Admiralty and maritime - Reforming Australia's admiralty jurisdiction Dr Damien J Cremean / Recent cases - Contracts : construction - "true rule" in Codelfa Construction v State Rail Authority (NSW) - no requirement of ambiguity before regard is had to surrounding circumstances : Cherry v Steele Park John Eldridge / What's equity got to do with the environment? Justice Brian J Preston / Regulating humanitarian assistance by Australian charities : legal tools to deter funding of terrorism abroad Gregory Rose / The liability blind spot : civil liability's blurred vision of conditionally automated vehicles Ella Pyman / Cases - R v Lambie [2018] HCA 6, Kalbasi v Western Australia [2018] HCA 7, Irwin v The Queen [2018] HCA 8, Pike v Tighe [2018] HCA 9, Re Kakoschke-Moore [2010] HCA 10, Alley v Gillespie [2018] HCA 11, Craig v The Queen [2018] HCA 13

Law Society journal, Issue 46, July 2018 - in this issue : Experts warn of increasingly sophisticated cyber attacks Dominic Rolfe / Six minutes with Brett McGrath, family lawyer and president of Macarthur Law Society Kate Allman / Mind your ethics Linden Barnes / Partnership no longer the end game for millennial lawyers Kate Allman / The rise of the tracksuit economy Emma Heuston / High flyers - drugs and alcohol at work Denise Cullen / Bloody terrifying - the modern law graduate experience Kate Allman / Protecting minors from themselves Denise Cullen / By the skin of their teeth Justice Virginia Bell AC / Want success? Embrace change Rachel Setti / A day in the life of... Sue Dawson, Commissioner, NSW Health Care Complaints Commission Jane Southward / A haven of hope Diane Nazaroff / How to recognise, avoid and recover from burnout Diane Nazaroff / The case that changes me (Spedley litigation) Kathy Merrick / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Introducing the new Court of Appeal practice note to the profession Hon Justice M J Beazley AO / New sentencing options : giving with one hand and taking with the other Thomas Spohr / Early appropriate guilty pleas for child defendants Anne Whitehead and Aaron Tang / Litigation funding in Australia : a year of review and change? Jason Geisker and Jenny Tallis / Unsure about Online Registry and Online Court we've got your queries covered Law Society of NSW Litigation Law and Practice Committee / You really got a hold on me... the power of the solicitor's lien Michelle Castle and Andrew Bailey / Unmanned and unregulated : where are the privacy protections from drones? Jodie Burger and Eddie Scuderi / Uncovering tensions in religion and secular law Talitha Fishburn

Proctor, Volume 38(7), August 2018 - in this issue : The voice of the profession, advocating for good law Ken Taylor / Operation matters, planning on priorities essential for success Rolf Moses / Increasing scrutiny for agency and distribution agreements Anthony Haly and Stephanie Derrington / Ipso facto restriction, amendments to part 5.3A (Voluntary Administration) Corporations Act 2001 (Cth) Veena Jattan and Dr Colin Anderson / Good faith in Australia, good intentions are just the beginning Patrick Doneley / Documents mentioned in pleadings, particulars and affidavits, making use of UCPR rule 222 Kylie Downes QC and Hamish Clift / Making due enquiry as to testamentary capacity Stafford Shepherd / Your legal career - the early years, our favourite tips for survival Emma Gillespie / Elder abuse - it's criminal Christine Smyth / Access denied! Court considers union workplace entry powers Carlie Holt / Dispute with a neighbour? Soon there'll be a chatbot for that! Mollie O'Connor / Unit trust controlled but not owned not 'property' Robert Glade-Wright / Basic entitlements - the National Employment Standards Robert Stevenson

Interesting articles and podcasts

Fri Jul 27 2018

Digital radar by Kevin Stewart and John Rhodes of Gilbert + Tobin - articles on drones and blockchain

Geoffrey Rush v Nationwide News Pty Ltd & Jonathon Moran by Nicholas Pullen and Priya Wakhlu of HWL Ebsworth - the authors contend that the decisions in Rush v Nationwide News Pty Ltd [2018] FCA 357 and Rush v Nationwide News Pty Ltd (No. 2) [2018] FCA 550 emphasize the precision required in pleading defences to defamation proceedings

Law Report (ABC) for 24 July presented by Damien Carrick - NSW Supreme Court rules on Australian author's estate and Challenges facing Malaysia post election

A sneaking suspicion? Right of entry and access to documents under the Fair Work Act 2009 (Cth) by Stephen Woodbury, Kathy Srdanovic and Geoffrey Giudice of Ashurst - considers Australian Licensed Aircraft Engineers Association v Qantas Airways Ltd [2018] FCA 1065

Unhappy marriage not grounds for divorce, supreme court rules by Damien Gale of The Guardian - in Owens v Owens [2018] UKSC 41 the Supreme Court of the United Kingdom found "a joyless marriage is not adequate grounds for a divorce if one spouse refuses to agree"

Water, territory and the role of history : thoughts from an international perspective - speech by Justice Melissa Perry at the Hellenic Australian Lawyers Association International Legal Conference, 12 July 2018