The Library Bulletin

The Australian Taxation Office has released a new website called interpretation NOW!, which provides commentary on recent cases concerning statutory interpretation.

See the website here.

Listing rule reforms came into effect on 1 December 2019, see information about the changes here, and the rules themselves here.

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

The Australian Banking Association has released a new Banking Code of Practice, see information here and the Code itself here.

There is a 1 March 2020 release awaiting authorisation by the Australian Securities and Investments Commission, see here.

Attorney-General says Witness J secret trial was unprecedented, but not everyone is convinced by Jack Snape on ABC News

Peak legal and medical groups push to lift minimum age of criminal responsibility to 14 by Paul Karp on The Guardian

People should be held accountable for AI and algorithm errors, rights commissioner says by Josh Taylor on The Guardian

Better Regulation Legislation Amendment Act 2019 - 23 March 2020 appointed as the day on which Schedule 1.8[3] and [4] to the Act commence. Published on Legislation Website 16 December 2019.

Fair Trading Legislation Amendment (Reform) Act 2018 - 23 March 2020 appointed as the day on which Schedule 2.12 to the Act commences. Published on Legislation Website 16 December 2019.

Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 - 23 March 2020 appointed as the day on which the Act commences. Published on Legislation Website 16 December 2019.

Residential Tenancies Amendment (Review) Act 2018 - 23 March 2020 as the day on which the uncommenced provisions of the Act commence. Published on Legislation Website 16 December 2019.

Findex Group Limited v McKay [2019] FCA 2129 - contracts, "executed by director on behalf of corporation - whether signature is also binding on director personally"

Passas v Comensoli [2019] NSWCATAP 298 - human rights, discrimination, "whether public statements relating to same sex marriage amount to homosexual vilification"

Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205 - dispute about common "boiler plate" market rent valuation clauses and interpretation

Triple Point Technology v PTT Public Company Ltd [2019] EWCA Civ 230 - drafting of liquidated damages clauses

Blockchain and company law : an EU perspective presented by Dr Zofia Bednarz at University of Sydney Law School - examines blockchain

Businesses must be careful when advertising "was/now" prices or pay the price by Teresa Torcasio of HWL Ebsworth - the ACCC has issued infringement noticed for "was/now" advertising

Climate change - who should we sue? panel discussion at University of Oxford with Peter Millican, Fredi Otto, Liz Fisher and Myles Allen - considers climate change litigation

Court of Appeal bowls over Strike's argument by Robert Lyons of Holding Redlich - considers Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205

Going up? – Central Sydney Planning Strategy receives in-principle support from the NSW Government by Paul Vergotis of McCabe Curwood - examines the Central Sydney Planning Strategy

Minimum age of criminal responsibility by Arthur Moses SC, President, Law Council of Australia at the Human Rights Commission Forum in Canberra, 10 December 2019

The new horizons of directors' liability by Adrian Perkins, Andrew Gray and Mark Beaufoy of King and Wood Mallesons - examines directors' liability

Psychological injuries in the workplace by Scarlet Reid, Nathan Roberts and Lucy Carroll of McCullough Robertson - examines psychological injuries in the workplace

When performance is personal – the hazards of subcontracting without consent by Leighton O'Brien, Luisa Uriarte and Emily I'Ons of Allens Linklaters - considers Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270

AIAL forum, Issue 97, December 2019 - in this issue : Recent developments Katherine Cook / Committees of influence : the impact of parliamentary committees on law making and rights protection in Australia Dr Sarah Moulds / Making sure that curiosity does not kill the CAT : the use of expert evidence in merits review fora where the rules of evidence do not apply Justice Rachel Pepper and Amelia van Ewijk / Remedies for government liability : beyond administrative law Janina Boughey, Ellen Rock and Greg Weeks / Reasonable likelihood in practice Jaala Hinchcliffe / The participant in the National Disability Insurance scheme : a paradigm shift for administrative law Thomas Liu / Second actor theory : a principled and practical resolution to the legality of domino effect administrative decision-making Ethan Heywood

Australian bar review, Volume 48(1), December 2019 - in this issue : In defence of legislative intention Philip Sales / The constitutional significance of the Australian Bar Walter Sofronoff / Prorogation and the prerogative William Gummow / Disclosure by the prosecution in a criminal case Peter Norman / The mens rea for sexual assault, sexual touching and sexual act offences in New South Wales : leave it alone (although you might consider imposing an evidential burden on the accused) Andrew Dyer / A question of reasonableness : a review of the Small Business Fair Dismissal Code under the Fair Work Act 2009 (Cth) Victoria Lambropoulos

Australian Capital Territory law reports, Volume 14(2), December 2019 - in this issue : Bailey v Bottrill (No 2) / Canberra Drilling Rigs Pty Ltd v Haides Pty Ltd / Cole v The Queen / Dong v Song (No 4) / R v Chute / Whithear v Australian Capital Territory / Williams v IM

Federal Court reports, Volume 266(1), December 2019 - in this issue : ACK v Minister for Immigration and Border Protection / AVQ15 v Minister for Immigration and Border Protection / Bautista v Minister for Immigration and Border Protection / SZLPH v Minister for Immigration and Border Protection / Taxation, Federal Commissioner of v Resource Capital Fund IV LP

Northern Territory law reports, Volume 39(3), December 2019 - in this issue : ABB Australia Pty Ltd v CH2M Hill Australia Pty Ltd / Emitja v The Queen / Jeremiah v Lawrie

Western Australian reports, Volume 54(5), December 2019 - in this issue : Higgins v Western Australia / Strezelecki Holdings Pty Ltd v Jorgensen

Western Australian reports, Volume 54(6), December 2019 - in this issue : Birdsall v Western Australia

Law affecting rent review determinations (3rd ed) / Alan Hyam

Australian law doesn’t go far enough to legislate affirmative consent. NSW now has a chance to get it right by Rachael Burgin on The Conversation

Emotion-detecting tech should be restricted by law - AI Now by Leo Kelion on BBC News

Musk's defamation win may reset legal landscape for social media by Tom Hals on ITNews

Franz Boensch as Trustee of the Boensch Trust v Pascoe [2019] HCA 49 - bankruptcy, real property, trusts

CNY17 v Minister for Immigration and Border Protection & Anor [2019] HCA 50 - immigration

De Silva v The Queen [2019] HCA 48 - criminal practice, directions to jury, Liberato direction

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

The Department of Communities and Justice is reviewing the Inspector of Custodial Services Act 2012 (NSW) to determine whether its policy objectives remain valid, and whether its terms remain appropriate for securing those objectives.

Submissions are welcome, the deadline for submissions is 20 December 2019, see information here.

Future crime problems and security solutions - how to anticipate them and what to do about them presented by Emeritus Professor Paul Ekblom, University of Arts London at University of Sydney - considers crime problems

Law Report (ABC) for 10 December presented by Damien Carrick - Legal aid in bushfire zones and Private security firms helping family violence survivors

Women in law – the next 100 years presented by Lady Hale at the BACFI Denning Lecture 2019 - considers the future of women in the law

Federal Court reports, Volume 265(4), December 2019 - in this issue : CIT17 v Minister for Immigration and Border Protection / DBE17 v Commonwealth / DTK17 v Minister for Immigration and Border Protection / EEM17 v Minister for Immigration and Border Protection / Graham v Minister for Immigration and Border Protection / Hail Creek Coal Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union / ZX v Commonwealth

New South Wales law reports, Volume 99(3), December 2019 - in this issue : Australian Health and Nutrition Association Ltd v Hive Markeing Group Pty Ltd / Comlin Holdings Pty Ltd v Metlej developments Pty Ltd / Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd / Macdonald v R / Maitland v R / Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq)

Northern Territory law reports, Volume 39(1), December 2019 - in this issue : Lawrie v Lawler (No 3)

Northern Territory law reports, Volume 39(2), December 2019 - in this issue : Garling v Firth / JMT Builders Pty Ltd v Ryan / Perry Park Pty Ltd v City of Darwin

Federal law review, Volume 47(4), December 2019 - in this issue : The integrity of state courts under the Australian Constitution Patrick Emerton / All out of proportion : the ongoing disagreement about structured proportionality in Australia Evelyn Douek / Parliamentary disqualification for financial conflicts Graeme Orr / ADF offensive cyberspace operations and Australian domestic law : proprietary and constitutional implications Hywel Evans and Andrew Williams / Health practitioner regulation : has the national law produced national outcomes in serious disciplinary matters? Jenni Millbank / The citation practices of the High Court of Australia, 1905-2015 Russell Smith and Ingrid Nielsen / A giant problem : the influence of the Chicago school on Australian competition law, economic dynamism and inequality Adam Triggs and Andrew Leigh

LSJ, Issue 62, December 2019 - in this issue : Hong Kong conference proceeds despite unreset Claire Chaffey / Six minutes with Michael Bradley / Report finds 'glass ceiling' between senior associate and partner level / Law Reform Commission flags simplification of consent laws / At lunch with Terry Sheahan Amy Dale / Sweet dreams are made of this Floyd Alexander-Hunt and Amy Dale / Access denied : the "right-to-know' Act that was never enacted Amy Dale / Phoenix rising : Julia Gillard on life after politics Kate Allman / Are you a victim of completion bias? Thea O'Connor / No run-of-the-mill career Kirrily Schwarz / Why do we procrastinate? Angela Tufvesson / How to stay in shape over the holiday season Ben Lucas / The case that changed me : Andrew Tiedt Kirrily Schwarz / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / 2019 edition of the Contract for the Sale and Purchase of Land Richard Harvey and Gabrielle Lea / The costs of law : a look back at the stand-out cases of 2019 Michelle Castle and Andrew Bailey / Cyber fraud - be aware and stay alert Frances Moffit / 'Show me the money' : security for costs in fair work class actions Jack de Flamingh and Vanessa McGlynn / Have a costs query? The Law Society's professional support unit is here to help Madeleine Porter / Rethinking the presumption of advancement in contemporary Australia Krasa Bozinovska / Practical tips for dealing with knowledge and approval of a will David Price / At fault, not at fault, and no-fault liability under the MAI Act Belinda Cassidy / Expert reports and evidence - the dangers of non-compliance Jennifer O'Brien / Young Lawyers conference tackles big issues in animal law Giulia Prosperi-Porta and Timothy Allen / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

Modern law review, Volume 82(6), November 2019 - in this issue : Reason-giving in administrative law : where are we and why have the courts not embraced the 'general common law duty to give reasons'? Joanna Bell / The authority and interpretation of Regulations Andrew Edgar and Kevin M Stack / The Chinese social credit system : a model for other countries? Daithi Mac Sithigh and Mathias Siems / When women's rights are not human rights - the non-performativity of the human rights of victims of domestic abuse within English family law Shazia Choudhry / Tackling voyeurism : is the Voyeurism (Offences) Act 2019 a wasted opportunity? Alisdair A Gillespie / For the want of certainty : Vnuk, Juliana and Andrade and the obligation to insure James Marson and Katy Ferris / Wiltshire Council v Cooper Estates Strategic Land Ltd : development plans and the restriction of town and village green applications Harley Ronan

Australia's children's courts today and tomorrow / Rosemary Sheehan and Allan Borowski (eds)

Copyright and collective authorship : locating the authors of collaborative work / Daniela Simone

Corporate personhood / Susanna Kim Ripken

Government and information rights : the law relating to access, disclosure and their regulation (5th ed) / Patrick Birkinshaw and Mike Varney

The law of personal property (2nd ed) / Michael Bridge, Louise Gullifer, Gerard McMeel and Sarah Worthington

Online courts and the future of justice / Richard Susskind

Corporate governance in non-bank financial entities / David Millhouse

Institutional abuse of children : legal remedies and redress in Australia / Bill Madden, Benjamin Madden and Tina Cockburn

Intellectual and industrial property law (3rd ed) / William van Caenegem

Justice in tribunals (5th ed) / J R S Forbes

Ong on tracing / Denis S K Ong

Spencer Bower and Handley : Res judicata (5th ed) / K R Handley

Please note that Lexis have removed their titles from the e-book platform. Luckily, the majority of the titles are available in hard copy in our collection.

The e-book platform still contains useful titles from CCH, Oxford University Press and Federation Press.

BMW Australia Ltd v Brewster [2019] HCA 45 - representative action

Hewit v NSW State Coroner [2019] NSWSC 1724 - coronial law, meaning of "reportable death"

Mangano v Bullen [2019] NSWSC 1704 - real property, indefeasibility

New South Wales v Robinson [2019] HCA 46 - s 99(1) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), arrest without warrant

Stojanovski v Stojanovski [2019] NSWSC 1713 - intersection of contract law with succession law

Can we eliminate crime? presented by Professor Gloria Laycock OBE at Sydney University Law School - considers crime prevention research and practice

Ethical AI and the risk of discrimination by design by Michael Caplan, Kirish Kularajah and Asha Keaney of Gilbert + Tobin - considers ethical artificial intelligence

Financial Services regulation comes to insurance claims by Mathew Kaley of McCabe Curwood - considers the exposure draft Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers (2020 Measures)) Bill 2020 (Cth) and Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers) (Claims Handling and Settling Services) Regulations 2020 (Cth), see the draft legislation here

A foreign bribery shake-up : unpacking the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 by Richard Flitcroft and Samuel Murray of Corrs Chambers Westgarth - considers the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (Cth)

Glencore International AG v Commissioner of Taxation by Katy Barnett on Opinions on High High Court Blog - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

Law Report (ABC) for 3 December presented by Damien Carrick - Australia's first school lawyer

Structures - do trusts fit the mould? by Michael Bennett of 13 Wentworth - examines trusts

Citizenship test : government argues Indigenous connection to land 'important' but no bar to deportation by Paul Karp and Helen Davidson on The Guardian

Exclusive beach access for native title holders heading to High Court on SBS News

What price spiritual connection? Yolngu seek compensation for cultural destruction by Paul Daley on The Guardian

Witness J : how to hide a criminal trial from the public despite Australia's principle of open justice by Jack Snape on ABC News

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.