The Library Bulletin

AB (a pseudonym) v R [2019] NSWCCA 82 - criminal law, whether jury should have been given unsupervised and unrestricted access to video of the complainant’s evidence-in-chief and cross-examination

Chan v Advanced Health Invest Pty Ltd T/A Mastery Dental Clinic [2019] FWC 2315 - unfair dismissal, embezzlement

Charlwood v New South Wales Registrar of Births, Deaths and Marriages [2019] NSWCATAD 69 - birth registration, meaning of "original surname" and "family name at birth"

Nguyen v Department of Fair Trading [2019] NSWCATAD 71 - licensing, tattooists, "fit and proper person"

Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 - defamation,

Flight Centre accused of underpaying workers, failing to pay penalties from ABC News

How to dress for a court appearance, according to legal experts by Julia Brucculieri of HuffPost

Man cleared of assaulting rugby player awarded $100,000 over Nine's 'coward punch' defamation from The Guardian

The Department of Home Affairs has invited submissions in relation to the Modern Slavery Act 2018 : Draft guidance for reporting entities, see information here.

The deadline for submissions is 19 May 2019.

Government foreshadows a wider application of new modern slavery laws than originally expected by Andrew Hii and Isobel O'Brien of Gilbert + Tobin - considers the Modern Slavery Act 2018 : Draft guidance for reporting entities

Law and technological change by Lord Hodge, Justice of The Supreme Court of the United Kingdom - examines law and technological change

Law Report (ABC) for 23 April presented by Damien Carrick - Where does all the evidence go?

Make good obligations in leases : do they apply if the premises will be demolished? by Marcus Andrews of McCabe Curwood - examines make good obligations in leases

TechLaw podcast : How tech is shaping the future of retail by Chloe Forster of DLA Piper - examines use of tech in retail

What might a National Integrity Commission look like? by Cat Barker on FlagPost - provides an overview of models for a National Integrity Commission

Australian bar review, Volume 47(1), March 2019 - in this issue : Sir Victor Windeyer : an enduring legacy William Gummow / The illusion of principled justice : the fiction that sentencing principle is applied consistently Mirko Bagaric, Gabrielle Wolf and Brienna Bagaric / The authentic judge : French existentialism and the judicial role Jonathan Crowe / Loss of property 'unattended in a public place' - testing the good faith of the travel insurer Paul Latimer / A century of science in Australian criminal trials Marcus Smith and Gregor Urbas / 'The Great Gatsby' - what's the 'matter'? What's in a name? Basten JA ponders federal jurisdiction, judicial power, and the operation of state 'courts' and tribunals Lee Aitken

A cautionary tale for joint venture parties - why arbitration works by Bronwyn Lincoln of Corrs Chambers Westgarth - considers First Property Holding Pte Ltd v Nyunt [2019] NSWSC 249

The foundations of administrative law by Chief Justice Allsop AO at the 12th Annual Whitmore Lecture, Council of Australasian Tribunals

Law Report (ABC) for 16 April presented by Damien Carrick - High Court ruling on abortion clinic exclusion zones and Federal Court finds Daily Telegraph defamed actor Geoffrey Rush

One-sided oral special leave hearings by Jeremy Gans on Opinions on High : High Court Blog

TechLaw podcast : The future of fintech presented by Martin Bartlam of DLA Piper - examines fintech trends

TMs for TLDs : can descriptive domain names be registered as trade marks? by Luke Dale and Stephanie Leong of HWL Ebsworth - examines whether descriptive domain names are capable of trade mark registration

What are the limits of the law? - Dr Barbara Havelková, Shabana Mahmood and Lukas Wagner discuss the limits of the law in the finale to the 2018 Lincoln Leads seminar series

What is the definition of 'uninjured' as it appears in the Permanent Impairment Guidelines? by Eden Christopher of McCabe Curwood - considers Lu v AAI Ltd t/as AAMI [2019] NSWSC 368

Sperm donor seeking to be named girl's legal father to keep her in Australia by Elizabeth Byrne of ABC News - see the HCA case information at Masson v Parsons & Ors

Why the US case against Assange could change the future of journalism from SBS News

Ketjan v Assistant Minister for Immigration and Border Protection [2019] FCA 516 - revocation of resident return visa because of "substantial criminal record"

Local Democracy Matters Incorporated v Infrastructure NSW [2019] NSWCA 65 - judicial review of decision by the Minister for Planning

DPP v Esmaili [2019] VSC 218, also see video Sentence of Joseph Esmaili - man who killed surgeon in one-punch attack jailed for a decade under Victoria's 'coward punch' laws (s 4A of the Crimes Act 1958 (Vic), first to be jailed)

Spence v State of Queensland [2019] HCATrans 80 - constitutional law, High Court upheld law banning property developer donations to political parties

Tjungarrayi & Ors v State of Western Australia & Ors; KN (deceased) & Ors (Tjiwarl and Tjiwarl #2) v State of Western Australia & Ors [2019] HCA 12 - native title, extinguishment of rights

The Australian Law Reform Commission is conducting a Review into Australia’s corporate criminal responsibility regime, they have invited comments on the scope of the inquiry.

Comments will be accepted until 10 May 2019, contact corporatecrime@alrc.gov.au

The Australian Law Reform Commission is conducting a Review into the Framework of Religious Exemptions in Anti discrimination Legislation, they have invited comments on the scope of the inquiry.

Comments will be accepted until 10 May 2019, contact religion@alrc.gov.au

AIAL forum, Issue 94, March 2019 - in this issue : Recent developments Katherine Cook / Michael Will address : introductory remarks Geoffrey McCarthy / Michael Will address : legislation in the courts The Hon Justice Hilary Penfold QC / Michael Will address : closing remarks Michael Will / Graham and its implications James Forsaith / The impact of administrative law on anti-corruption and integrity agencies The Hon John McKechnie QC / Academia as an influencer of tax policy and tax administration Michael D'Ascenzo AO / Resolution initiatives at the Veteran's Review Board Jane Anderson

Alternative law journal, Volume 44(1), 2019 - in this issue : Victoria's response to the Royal Commission into family Violence : where are we now? Marcia Neave AO / Robo-debt illegality : the seven veils of failed guarantees of the rule of law? Terry Carney / The importance of understanding the victims' 'reality' of domestic violence Patricia Easteal, Lorana Bartels and Reeva Mittal / Entrapment and institutional collusion : domestic violence police reports and the 'couple rule' in social security law Lyndal Sleep / Causing someone else to commit suicide : incitement or manslaughter? Paul McGorrey and Marilyn McMahon / Regulating restraint use in mental health and aged care settings : lessons from the Oakden scandal Yvette Maker and Bernadette McShery / 'Just another policy document?' Can a protocol end the criminalisation of kids in care? Kath McFarlane, Emma Colvin, Andrew McGrath and Alison Gerard / Access to legal records by children leaving state care : the experience of young people in NSW Brooke Greenwood, Julia Mansour and Celia Winnett / An international approach to establishing a competent authority to manage and protect traditional knowledge Fiona Martin, Ann Cahill, Evana wright and Natalie Stoianoff / Constitutional 'borrowing' and freedom of expression : can Australia learn from the US First Amedment? Jemimah Roberts / Four quatrains for improving mental health and well-being in the law Andrew Clarke / Can they do that? Critical thinking when your wagon train is surrounded George Raitt / Pracademic collaboration : hacking into the future of legal education Rachel Kessel / Taking justice to people in crisis : mobile legal clinics Britane Hubbard, Mallory Saladen, David W Tushaus and Nirmal K Upreti / Incitement to suicide - or manslaughter? Robert Corr / Girlie votes! Ann Iona Vote and Hedda Chambers

Civil justice quarterly, Volume 38(2), 2019 - in this issue : Too much and too little secrecy in the law of corporate privilege : Serious Fraud Office v Eurasian National Resource Corp [2018] EWCA Civ 2006 and WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652 Andrew Higgins / CPR Pt 36 - enhanced interest should not function as punitive damages for malicious defence : OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 Vaclav Janacek / A green light for third party funding in the Cayman Islands : A Company v A Funder [2017] CIGC J1123-1 Mark Baldock / Statutory secret trials : the judicial approach to closed material procedures under the Justice and Security Act 2013 Lewis Graham / Decision-making standards in consumer ADR : a desire to abide by the law in Germany? Gordon Kardos / Self-represented litigants - balancing impartiality and the right to a fair trial : the judge's duty Natalie Cambrell / The dysfunctional collateral undertaking Charles Hollander QC

Public law, April 2019 - in this issue : "Undeserving" EU migrants "milking Britain's benefits"? EU citizens before social security tribunals Catherine Barnard and Amy Ludlow / Taxonomy and public law : a response Paul Craig / The minimum income requirement for family settlement : the cost of integration Gemma Manning / A positive obligation under the ECHR to ban hate speech? Aernout Nieuwenhuis / From the ASBO to the injunction : a qualitative review of the anti-social behaviour legislation post-2014 Stavros Demetriou / Big data, small law : how gaps in regulation are affecting political campaigning methods and the need for fundamental reform Bethany Shiner / Deprivations of liberty : beyond the paradigm Shona Wilson Stark

Commonwealth law reports, Volume 262(3), April 2019 - in this issue : Public Prosecutions (Vic), Director of v Dalgleish (a pseudonym) / R v Dookheea / Regional Express Holdings Ltd v Australian Federation of Air Pilots / Rozenblit v Vainer / SZTAL v Minister for Immigration and Border Protection / SZTGM v Minister for Immigration and Border Protection

New South Wales law reports, Volume 97(4), April 2019 - in this issue : Benson v Rational Entertainment Enterprises Ltd / Cockram Construction Ltd v fulton Hogan Construction Pty Ltd / Fang v R / Hayward (a pseudonym) v R / James v Australia and New Zealand Banking Group Ltd / Meshumar v Otmy / Nichols v NFS Agribusiness Pty Ltd / Plymouth Brethren (Exclusive Brethren) Christian Church v Fairfax Media Publications Pty Ltd / Plymouth Brethren (Exclusive Brethren) Christian Church v The Age Company Ltd / R v GM / Racing NSW v Lewin / Summersford v Commissioner of Police / Zistis v Zistis

Atiyah's accidents, compensation and the law (9th ed) / Peter Cane and James Goudkamp

Contributory negligence in the twenty-first century / James Goudkamp and Donal Nolan

Contributory negligence principles and practice / James Goudkamp and Donal Nolan

Defences in contract / Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith (eds)

The impact of equity and restitution in commerce / Peter Devonshire and Rohan Havelock (eds)

The UN Convention on the Rights of Persons with Disabilities : a commentary / Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou (eds)

BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 494 - urgent medical evacuation of refugee from Nauru, appropriate form of orders

Clubb & Anor v Edwards & Anor; Preston v Avery & Anor [2019] HCA 11 - constitutional law, implied freedom of communication about governmental or political matters

Realm Resources Ltd v Aurora Place Investments Pty Ltd [2019] NSWSC 379 - what amounts to a deed

Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 - defamation

The Uniform Civil Procedure (Amendment No 89) Rule 2019 (NSW) and Uniform Civil Procedure (Amendment No 90) Rule 2019 (NSW) amended the Uniform Civil Procedure Rules 2005 (NSW). Both rules commenced 5 April 2019. Additionally, on 1 April 2019, the Uniform Rules Committee approved an amendment to UCPR form 5 – Notice to Occupiers.

The Supreme Court (Corporations) Amendment (No 14) Rules 2019 (NSW) amended the Supreme Court (Corporations) Rules 1999 (NSW) in relation to changes made by the Insolvency Law Reform Act 2016 (Cth) and makes the rules substantially consistent with the Federal Court (Corporations) Rules 2000 (Cth). The rules commenced 5 April 2019.

Amazon staff listen to customers' Alexa recordings, report says by Alex Hern of The Guardian

Big win for women’s reproductive rights in the High Court from the Human Rights Law Centre

Family court powers should be given to states, landmark review finds by Matthew Doran of ABC News

Legal protections urged as science gears up to aid Great Barrier Reef by Peter Hannam of the Sydney Morning Herald

Tasmania becomes first state to make gender optional on birth certificate by Alexandra Humphries and Ellen Coulter of ABC News

Thousands of secret Lawyer X documents have been released. Here's what we've found so far by Sarah Farnsworth of ABC News

Australian law journal, Volume 93(3), March 2019 - in this issue : Current issues Justice Francois Kunc (ed) - Commissioner Hayne presents his report, ALRC report on class actions, The journey towards a national integrity commission continues, NSW magistrate referred to parliament, You may be, from time to time, required to work reasonable additional hours Edwin Montoya Zorrilla, The curated page Alexie Glass-Kantor / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Concurrent leases and the fragility of the equitable estate in the Torrens system Linden Griggs and Elise Histed, Possessory title, succession law and the Torrens system : McFarland v Gertos Brendan Edgeworth / Environmental law Justice Rachel Pepper (ed) Significant environmental decisions of the Federal Court Rachel Pepper / Family law Richard Ingleby (ed) Racial vilification and the practice of family law Richard Ingelby / Technology and the law Lyria Bennett Moses and Anna Collyer (eds) When and how should we invite artificial intelligence tools to assist with the administration of law? A note from America Jeff Ward / Recent cases Ruth C A Higgins SC Procedure - civil proceedings in state and territory courts - joinder of causes of action and parties - parties - where application to set aside orders on the basis that applicants should have been joined - China First Pty Ltd v Mount Isa Mines Ltd [2018] QCA 350 Ruth C A Higgins SC, Torts - battery - misfeasance in public office - false imprisonment - malicious prosecution - malicious conduct of police officers - Police Act 1892 (WA) - section 137(5) - solidary liability - Western Australia v Cunningham (No 3) [2018] WASCA 207 Ruth C A Higgins SC / Proportionate liability in commercial cases : principles and practice Graeme S Clarke QC / Barbaro in Queensland : exceptionalism again? H G Fryberg QC / Can schools be liable to their staff and students for sun-related injury? David Hertzberg

Criminal law review, Issue 4, April 2019 - in this issue : Compensation without traumatisation Nicola Padfield / Ministers' business appointments and criminal misconduct Jeremy Horder / Manslaughter by loss of control : sentencing primary victims who kill Nicola Wake / Reflections on manslaughter sentencing guidelines Martin Wasik / Evidence - R v YGM / Gross negligence manslaughter - R v Winterton (Andrew) / Homicide - R v Tas (Ali) / Learning disability - R v Jones (Gareth) / Murder - R v Goodwin (Anthony) / Sentencing - R v Kadiri (Afshan Meesha), Attorney General's Reference (R v O); R v O, R v Smith (Craig William) / Witnesses - Griffiths v Crown Prosecution Service

Law Institute journal, Volume 93(4), April 2019 - in this issue : Enough is enough Stuart Webb / Suppression orders in the open courts era Karin Derkley / Gertie's law Carolyn Ford / The trade-off between fairness and efficiency Simon Moodie / Judge Martine Marich / Obituary - The Hon Philip Damien Cummins AM Hon Murray Kellam / Generational influence : opportunity knocks Mira Stammers / The changing face of labour hire Mark Yorston and Claire Munro-Smith / Trust brings change Michael Lombard and Shyla Sivanas / Fairness and clarity Nick Ellis / A case for abolition Cameron Green / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / The lawyer by implication Gino Dal Pont / Are you being heard? Legal Practitioners' Liability Committee / Contempt of court under review VLRC / Compensation for loss Russell Cocks / Innovating for consumer benefit Fiona McLeay / Project targets homeless women Cameron Lavery / Verification software in focus Peter Moran / Tyrany of the inbox Judith Bennett / What does it take to become a law firm partner? John Castello / Continuing treads Carolyn Ford / Power dressing / Tips for managing difficult people Claire Walczac and Alexandra Metherell / Lawyer puts his foot down Karin Derkley

Modern law review, Volume 82(2), March 2019 - in this issue : Regulation by blockchain : the emerging battle for supremacy between the code of law and code as law Karen Yeung / The network of law reviews : citation cartels, scientific communities, and journal rankings Oren Perez, Judit Bar-Ilan, Reuven Cohen and Nir Schreiber / Statistical evidence, assertions and responsibility Liat Levanon / Justice, legitimacy and the authority of legislation within the European Union Martijn van den Brink / Constitutional principle, the rule of law and political reality : the European Union (Withdrawal) Act 2018 Paul Craig / So long, farewell, auf wiedersehen, adieu : Brexit and the Charter of Fundamental Rights Catherine Barnard / Two steps forward, one step back : One Step (Support) Ltd v Morris-Garner and Another Caspar Bartscherer / Fog in the gateway : Brownlie v Four Seasons Holdings Inc Joseph Crampin

Psychiatry, psychology and law, Volume 25(6), December 2018 - in this issue : Exploring the educative role of judges' sentencing remarks : an analysis of remarks on child exploitation material Charlotte M Hunn, Helen Cockburn, Caroline Spiranovic and Jeremy Pritchard / Mindfulness-based interventions for youth in the criminal justice system : a review of the research-based literature Rachel Murray, Rebecca Amann and Katey Thom / Man Haron Monis and the Sydney Lindt Cafe Siege - not a terrorist attack Russ Scott and Rodger Shanahan / True and false alibis among prisoners and their detection by police detectives Ricardo Nieuwkamp, Robert Horselenberg and Peter van Koppen / Intimate partner homicide : themes in judges' sentencing remarks Marion Whittle and Guy Hall / Other misconduct evidence in appeals against conviction in child sexual abuse trials Susan Mills and Stefanie J Sharman / Children as alibi witnesses : the effect of age and confidence on mock-juror decision making Hannah Fawcett and Kate Winstanley

The Federal Court of Australia finds independent contractor entitled to superannuation by Harry Nicolaidis, Philip Vickery and Gareth Bamin of K&L Gates - considers Moffet v Dental Corporation Pty Ltd [2019] FCA 344

Fraud on a power : the interface between contract and equity, Lecture for the Chancery Bar Association by Lord Sales, Justice of the Supreme Court - examines the interface between contract and equity

It’s no secret – $10 million penalties to be introduced for privacy law breaches by Belinda Breakspear, Matthew McMillan, Alex Hutchens and Hannah Fas of McCullough Robertson - examines privacy law changes that have been announced

Landlords 2, tenants nil by Corinne Attard of Holman Webb - considers MJHQ Pty Limited v Wynne Ave Pty Limited [2018] NSWCATCD 61, Wynne Ave Pty Limited v MJHQ Pty Limited [2019] NSWCATAP 41, Wynne Ave Pty Limited v MJHQ Pty Limited (No 2) [2019] NSWCATAP 68 and Charlie Bridge Street Pty Ltd v Petrazzuolo; Petrazzuolo v Charlie Bridge Street Pty Ltd [2019] NSWCATCD 1

Law Report (ABC) for 9 April presented by Damien Carrick - Is a sperm donor a parent? and Private Accessory Prosecutors, the role of victims in German courts and trials

A new era of climate change litigation in Australia? by Andrew Korbel of Corrs Chambers Westgarth - examines developments in climate change litigation

TechLaw Podcast : The opportunities and challenges of digital transformation across the private and public sectors - part 2 by Chloe Forster of DLA Piper - examines data management

Voluntary participant of mental health program a 'worker' in stop-bullying regime by Tamsin Webster and Despina Psaras of Maddocks - considers Bibawi v Stepping Stone Clubhouse Inc t/a Stepping Stone & Others [2019] FWCFB 1314

A "whack a mole" approach to online content regulation by Andrew Hii and Melissa Fai of Gilbert + Tobin - examines the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth)

What does it take for an insurer to be found to have abandoned a defence of contributory negligence and thereby become bound by an assessment of damages? by Katherine Teague of McCabe Curwood - considers Cahill v Allianz Australia Insurance Ltd [2019] NSWSC 328

District Court law reports (NSW), Volume 27(3), April 2019 - in this issue : Gusavac v Ngo (No 2) / Kovacevski v The Queen / Lovric v New South Wales / Public Prosecutions, Director of v Al-Zuhairi / R v Cousley / R v Watson (No 2) / SNA Asia Group Pty Ltd v Royalty Investment and Management Group Pty Ltd t/as Royalty Vacations / Stuckey v Wesley Conracting NSW Pty Ltd

Federal Court reports, Volume 259(4), April 2019 - in this issue : Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd / DFC16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v CQZ15 (No 2) / Immigration and Multicultural and Indigenous Affairs, Secretary, Department of v Mastipour / Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science

Federal Court reports, Volume 260(1), April 2019 - in this issue : BJB16 v Minister for Immigration and Border Protection / Comcare v Wuth / CSO15 v Minister for Immigration and Border Protection / Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) / Friends Of Leadbeater's Possum Inc v VicForests

Federal Court reports, Volume 260(2), April 2019 - in this issue : Attorney-General (Cth) v Helicopter-Tjungarrayi / Cheryala v Minister for Immigration and Border Protection / Comcare v Drinkwater / CWP16 v Minister for Immigration and Border Protection / DYS16 v Minister for Immigration and Border Protection / Malek Fahd Islamic School Ltd v Minister for Education and Training / Matson v United States of America / Taxation, Deputy Commissioner of v Rennie Produce (Aust) Pty Ltd (in liq)

South Australian state reports, Volume 131(4), April 2019 - in this issue : Consumer Affairs, Commissioner of v Piantadosi / Darwin Food Pty Ltd v Gray / R v Jones, Wayne / R v Shah / R v Smiles / Samwise Holdings Pty Ltd v Allied Distribution Finance Pty Ltd / Zaharis v Commissioner of Police

State reports (Western Australia), Volume 96(3), April 2019 - in this issue : Robertson v City of Albany

State reports (Western Australia), Volume 96(4), April 2019 - in this issue : Lee v Legal Profession Complaints Committee / Marsh v Commissioner of Police / Rando v City of Gosnells / Sharma v Carlino

The New South Wales Law Reform Commission is inviting preliminary submissions in relation to their Open justice review : Court and tribunal information : access, disclosure and publication.

The deadline for preliminary submissions is Friday 31 May 2019.

Australian income tax legislation 2019 / CCH Australia Ltd

Company directors' duties and conflicts of interest / Rosemary Teele Langford

The platform economy : legal status of online intermediaries / Bram Devolder (ed)

Proof : how to analyse evidence in preparation for trial (3rd ed) / Andrew Palmer

Trial techniques and trials (10th ed) / Thomas A Mauet

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was launched 5 April, see details here

State reports (Western Australia), Volume 96(2), April 2019 - in this issue : Gabrovec v NSM Holdings Pty Ltd / Garber v Legal Practice Board (WA) / JAS v Trustees, Christian Brothers / Lovelady v Griffiths / Smith v WA Plantation Resources Pty Ltd / Transport, Chief Executive Officer, Department of v RSR

Brazil : judge rules identical twins must both pay support for nine-year-old girl by Dom Phillips of the Guardian

Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig & Chapman [2019] NSWDC 98 - defamation

DNM v NSW Ombudsman [2019] NSWCATAP 77 - meaning of "excluded information" in the Government Information (Public Access) Act 2009 (NSW)

Health Care Complaints Commission v Kirby [2019] NSWCATOD 47 - whether NCAT has power to permanently stay proceedings