The Library Bulletin

Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98 - compulsory acquisition, compensation

CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129 - migration, separate claims by mother and son, alleged failure to separately consider the son's claims

Hutchinson v Comcare (No 4) [2019] FCA 1133 - human rights, requisite elements of Public Interest Disclosure Act 2013 (Cth) s 13 (protection from reprisals)

NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182 - planning and environment, comparison of (former) s 97 and current s 8.7 of Environmental Planning and Assessment Act 1979 (NSW)

Roach v R [2019] NSWCCA 160 - crime, fraud

Tran v Minister for Home Affairs [2019] FCA 1126 - migration, partner visa, "whether parties in a genuine spousal relationship "

Conversations (ABC) presented by Sarah Kanowski - Against the death penalty : barrister Julian McMahon

Hidden women of history : Flos Greig, Australia’s first female lawyer and early innovator by Renee Knake of University of Houston and RMIT University on The Conversation AU - examines the life of Grata Flos Matilda Greig

Interpreting Section 39 of the Workers Compensation Act 1987 by Brad Quillan, Jenne Tzavaras and Amy Corry of HWL Ebsworth - considers Technical and Further Education Commission t/as TAFE NSW v Whitton [2019] NSWWCCPD 27 and weekly payments of compensation

Landmark compulsory acquisition decision in the NSW Land and Environment Court by Nicholas Brunton, Anneliese Korber and Mollie Matich of Norton Rose Fulbright - considers Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98

Law Report (ABC) for 23 July presented by Damien Carrick - Youth justice, Maori style

PopLaw Podcast Episode 65 - Peloton vs The Music Industry - hosts Desiree Talley and Tyrone Scott consider Peloton litigation related to the fitness company not clearing the music they use for their fitness program and equipment

The New South Wales Legislative Assembly Committee on Environment and Planning will inquire into and report on the sustainability of energy supply and resources in New South Wales, for details see here.

Submissions are invited, the deadline is 15 September 2019.

The New South Wales Department of Communities and Justice is seeking submissions on adopting a mandatory reporting scheme for data breaches.

See details here.

The deadline for submissions is 23 August 2019.

Bowraville murders : legal groups oppose changes to double jeopardy laws in NSW by Melissa Martin and Kathleen Calderwood of ABC News

In the era of smartphone apps that allow you to spy on your home remotely, what are the legalities? by Kathy Sundstrom and Robert Blackmore of ABC News

Non-lawyers should be barred from AAT, former High Court judge says by Michaela Whitbourn of The Sydney Morning Herald

US state set to outlaw calling a veggie burger a veggie burger by Luke O'Neil of The Guardian

Federal Court reports, Volume 262(2), July 2019 - in this issue : Australian Competition and Consumer Commission v Yazaki / Chhua v Federal Commissioner of Taxation / Taxation, Federal Commissioner of v Sharpcan Pty Ltd

Federal Court reports, Volume 262(3), July 2019 - in this issue : AYX17 v Minister for Immigration and Border Protection / EVA17 v Minister for Immigration and Border Protection / Spencer v Commonwealth

Federal Court reports, Volume 262(4), July 2019 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) / Customs, Comptroller-General of v Pharm-A-Care Laboratories Pty Ltd / One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union / SZQVV v Minister for Immigration and Citizenship / Verma v Minister for Immigration and Border Protection

Alternative law journal, Volume 44(2), 2019 - in this issue : Mental health treatment and human rights Ian Freckelton QC / The controversial case of Lawyer X : should lawyers be prevented from acting as human sources? Elyse Methven / Mental health courts : providing access to justice for people with mental illness and cognitive impairments Liz Richardson / 'I'll just Google that!' Online searches and the post-separation family law information experience Jonathan Crowe, Rachael Field, Lisa Toohey, Helen Partridge and Lynn McAllister / The cashless debit card and rights of persons with disabilities Shelley Bielefeld and Fleur Beaupert / Welfare meeting financial services : the cashless debit card dichotomy Marina Nehme / 'It's easy to say "don't sign anything"' : debt problems among recent migrants from a non-English-speaking background Evgenia Bourova, Ian Ramsay and Paul Ali / Nanomedicine regulation in Australia Mia M Rahim / Criminalising infection : questioning the assumption that transmitting HIV constitutes grievous bodily harm Thomas Poberezny-Lynch / Lost in translation : gaps between law and practice in customer-perpetrated sexual harassment Hannah Walker, Patricia Easteal, Allison Ballard and Karen Blake / Are we reading enough crime? Examining the content and depth of criminal law courses Helen Gibbon and Alex Steel / The rule of law, arbitrariness and institutional virtue Keith Thompson / Lawyers as human sources? Robert Corr / Girlie down under / Our choice Paul Babie

Civil justice quarterly, Volume 38(3), 2019 - in this issue : The perils of peer review - can the process be improved? Andrew Higgins and Inbar Levy / UK Supreme Court rules that English companies can be sued for actions of foreign subsidiaries in the interests of "substantial justice" : Vedanta Resources v Lungowe [2019] UKSC 20 Suzanne Chiodo / Finality and judgments obtained by fraud : Takhar v Gracefield Developments Ltd [2019] UKSC 13 Harry Stratton / A priceless victory for consumers : the court of appeal revitalises competition law's collective actions : Merricks v Mastercard [2019] EWCA Civ 674 Jack Williams and Alan Bates / Abuse of process : tactical litigation involving multiple proceedings in multiple jurisdictions results in permanent stay : UBS AG v Tyne [2018] HCA 45 Christopher Murphy / Improving procedural fairness in housing possession cases Dr Lisa Whitehouse, Professor Susan Bright and Professor Mandeep Dhami / Judicial policy, public perception, and the science of decision making : a new framework for the law of apprehended bias Andrew Higgins and Inbar Levy / The current scope of the regulatory regime of the Association of Litigation Funders - what is in and what is out in light of recent changes Mark Baldock

Public law, July 2019 - in this issue : The Prince of Wales at 70 and the survival of the monarchy Robert Blackburn QC / The Venice Commission and the rule of law crisis Richard Clayton QC / From early resolution to conceptual confusion : R (on the application of Gallaher Group Ltd) v Competition and Markets Authority Hayley J Hooper / Proceedings in parliament Graeme Watt / The implementation of the Convention on the Rights of the Child in Nigeria Muyiwa Adigun / Compounding vulnerability and concealing unfairness : decision-making processes in the UK's anti-trafficking framework Samantha Currie / Building on the past, understanding the devolution process : a housing case study Steffan Evans / A different tale of judicial power : administrative review as a problematic response to the judicialisation of tribunals Robert Thomas and Joe Tomlinson / Privacy at the intersection of public law and private law Jelena Gligorijevic / Current survey

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100 - environmental offence, water pollution

Fairfax Media Publications Pty Ltd v Gayle; The Age Company Pty Ltd v Gayle; The Federal Capital Press of Australia Pty Ltd v Gayle [2019] NSWCA 172 - defamation

Martin v Norton Rose Fulbright Australia [2019] FCA 1101 - practice and procedure, former Norton Rose Fulbright Australia partner granted leave to appeal ruling in his dispute with the law firm that denied him access to communications between partners on the grounds that the documents were privileged

Are cryptocurrencies considered 'property' for legal purposes? by Tal Williams of Holman Webb - considers B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03

Delegated legislation : flexibility at the cost of scrutiny? by Chris Angus of the NSW Parliamentary Research Service - considers use of delegated legislation in New South Wales

Law Pod UK Ep 87 : Catching cross-border criminals - Rosalind English and Catriona Murdoch discuss a new app designed to help professionals in the investigation of international crimes

Law Report (ABC) for 16 July presented by Damien Carrick - Inside Auckland’s Youth Detention Centre

Navigating split dispute resolution clauses – where's Google Maps when you need it? by Nick Rudge, Leighton O'Brien, Julian Berenholtz and Sam Kay of Allens Linklaters - discusses RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd and Anor [2019] VSC 353, building contracts and the need for dispute resolution clauses to be clear and unambiguous

Re-assessing the value of Facebook for business in Australia : heightened risk in operating public pages by Lisa Fitzgerald, Madeleine Griffiths and Alicia Bray of Holding Redlich - considers the risks for businesses in operating public Facebook pages and the decision in Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766

Serious misconduct : a salutary reminder by Ross Jackson of Maddocks - considers Trudi Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks Proprietary Limited [2019] FWC 1132 (note the link to the appeal decision at the top of this decision)

The UNCITRAL Model Law on Cross-Border Insolvency : neither a law nor much of a model by Professor Martin Davies, Tulane University Law School (New Orleans) at the University of Sydney - analyses the UNCITRAL Model Law on Cross-Border Insolvency

Blogger uses obscure law to successfully sue One Nation senator Malcolm Roberts over dual citizenship by Annie Gaffney of ABC News

Carter's quiet revolution by Mark Joseph Stern of Slate

Lawyers warn legal aid at breaking point after NSW murder trial derailed by Christopher Knaus of The Guardian

Washington State Supreme Court's ruling of obesity as a disability opens further conversation by Sarah Kim of Forbes

Who protects the Apollo sites when space law says no-one owns the Moon? by Belinda Smith of ABC News

Australian insolvency law (4th ed) / Christopher F Symes and John Duns

Brownlie's principles of public international law (9th ed) / James Crawford

Drafting trusts and will trusts : a modern approach (14th ed) / James Kessler and Charlotte John

Environmental law in Australia (10th ed) / Gerry Bates

Interpretation of testamentary documents / G E Dal Pont

Legal tech, smart contracts and blockchain / Marcelo Corrales, Mark Fenwick and Helena Haapio (eds)

Military law in Australia / Robin Creyke, Dale Stephens and Peter Sutherland (eds)

Negligence and illegality / Sharon Erbacher

District court law reports, Volume 28(2), July 2019 - in this issue : Alsuleiman (by her tutor Haimour) v George (No 2) / Alsuleiman (by her tutor Haimour) v George (No 3) / Andromedas v Truong (No 2) / Burkitt v Ultimate Car Rentals Australia Pty Ltd / de Jong v Workers Compensation Nominal Insurer / Foster Carer, A v Department of Family and Community Services (No 2) / Mal Owen Consulting Pty Ltd v Ashcroft (No 2) / Nasih v Nguyen / Qiang v Raxigi Pty Ltd t/as V Hovanessian and Associates / SafeWork NSW v Investa Asset Management Pty Ltd

Building and Construction Industry Security of Payment Amendment Act 2018 - 21 October 2019 appointed as the day on which the Act commences

Justice Legislation Amendment Act (No 3) 2018 - 26 July 2019 appointed as the day on which Schedule 1.17 [1] and [4] to the Act commence

Sydney law review, Volume 41(2), June 2019 - in this issue : Exploring the boundaries of compensation for misleading conduct : the role of restitution under the Australian Consumer Law Elise Bant and Jeannine Marie Paterson / Finality and fairness in Australian class action settlements Michael Legg and Samuel J Hickey / Why we use private trust in Australia : the income tax dimension explained Alex C Evans / Discharged contracts ad quantum meruit : Mann v Paterson Constructions Pty Ltd John Eldridge and Timothy Pilkington / Hossain v Minister for Immigration and Border Protection : a material change to the fabric of jurisdictional error? Courtney Raad / Are human rights enough (in Australia)? Dylan Lino

Feedback is being sought on the proposed Residential Tenancies Regulation 2019 (NSW).

See information about the Regulation here.

The deadline for feedback is 2 August 2019 at 5 pm.

Medium neutral citations are court assigned unreported citations in the format -

Case name [Year] Unique court identifier Case number

e.g.

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2019] FCAFC 83

The citation is constant irrespective of publishing medium.

Medium neutral citations should only be used where the citation was allocated by the court, otherwise citations should be in the format -

Case name Court Judge(s) Full date Pinpoint

e.g.

Rickard v Dunlop Olympic Limited and Anor (Supreme Court of New South Wales, Hunt J, 8 July 1983)

Medium neutral citations for most Australian courts have existed since the late 90s, see page 55 of the Australian guide to legal citation (4th ed) for specific details.

Capital punishment in our region by Nigel Brew in Parliament of Australia Flag Post - examines capital punishment in the region

The cartoonists' guide to law : the D'Angelo Law Library's new collection of illustrated legal codes offers insight into statutes and society by Becky Beaupre Gillespie of he University of Chicago Law School - analyses some French cartoons that depict involuntary manslaughter

The EPBC Act Musical – time for the next part or a sequel? by Anna Vella and Aaron Beale of King and Wood Mallesons - considers the Environment Protection and Biodiversity Conservation Act 1999 (Cth) which is due for its 10 year review

Identity at the touch of a button : the rise of digital identity by Kirish Kularajah and Sophie Tversky of Gilbert + Tobin - examines digital identity

Law Report (ABC) for 9 July presented by Damien Carrick - Can the law help reduce the risk of suicide for international students?

The laws of gods and men : when commercial disputes must be in the domain of secular courts by Andrew Lacey of McCabe Curwood - considers Live Group Pty Ltd and Anor v Rabbi Ulman and Ors [2017] NSWSC 1759, Live Group Pty Ltd & Anor v Rabbi Ulman and Ors [2018] NSWSC 393 and Ulman v Live Group Pty Ltd [2018] NSWCA 338

Responses to the government White paper on online harms and the 'right to be forgotten' presented by Damian Tambini of London School of Economics and Roxana Radu of University of Oxford Law Faculty - considers the UK Government's white paper

Tribunal’s hands tied when it comes to tenants by Elly Ashley and Yunsi Feng of Holding Redlich - considers Feletti v Eales [2019] NSWCATAP 100

What is a 21st century family?, Lady Hale at the International Centre for Family Law, Policy and Practice - examines the concept of family

Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 - human rights, discrimination in provision of education

Australian Competition and Consumer Commission v Woolworths Limited [2019] FCA 1039 - consumer law, nature of representations of "biodegradable and compostable" made on labelling of disposable dish and cutlery products sold by respondent, whether representations were as to "future matters" within meaning of s 4 of the Australian Consumer Law, misleading or deceptive conduct

Birner v Aircraft Turnaround Engineering Pty Ltd [2019] FCA 1085 - "meaning of 'casual full-time basis' in letter of employment"

Brighten v Traino [2019] NSWCA 168 - expert evidence, psychometric testing

Hallaby v Local Court of New South Wales [2019] NSWSC 840 - judicial review, "whether the Magistrate misconstrued ss 214(1)(b) and 214(1)(d) of the Criminal Procedure Act 1986 (NSW) and thereby misconceived the nature of his function"

Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1061 and Baron v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1062 - representative proceedings, two class actions with substantially the same claims and causes of action, whether Cooperative Case Management orders should be made

See papers here from the inaugural Global Conference for Media Freedom held in London from 10 to 11 July.

The Parliamentary Joint Committee on Intelligence and Security is conducting an Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press, see information here.

Submissions are requested by 26 July 2019.

New South Wales law reports, Volume 98(2), July 2019 - in this issue : Choy v Tiaro Coal Ltd (in liq) / Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd / Hoang v R / Isaac v Dargan Financial Pty Ltd / LP v P / New South Wales, State of v Thomlinson / Obeid v Lockley / Pacific National Pty Ltd v Baldacchino / State Revenue, Chief Commissioner of v Boss Constructions (NSW) Pty Ltd

State reports (Western Australia), Volume 96(6), July 2019 - in this issue : Bestry Property Group Pty Ltd v Western Australian Planning Commission / Johnston v Director General, Department of Communities / Re SM

Western Australian reports, Volume 53(6), June 2019 - in this issue : Erujin Pty Ltd v Jacob / Scutti v City of Wanneroo

Law quarterly review, Volume 135, July 2019 - in this issue : Derivative actions : a framework for decisions John Armour / Consumer protection and the court's role in shaping the bank-customer contract Sandra Booysen / The nature of the beneficiary's right under a trusts : proprietary right, purely personal right or right against a right? Elena Christine Zaccaria / Rationalising omissions liability in negligence Sandy Steel

Modern law review, Volume 82(4), July 2019 - in this issue : Constitutional directives : morally-committed political constitutionalism Tarunabh Khaitan / Just cognition : scientific research on bias and some implications for legal procedure and decision-making Gary Edmond and Kristy A Martire / From global to anthropocenic assemblages : re-thinking territory, authority and rights in the new climatic regime Daniel Matthews / Thinking outside the box - eliminating the perniciousness of box-ticking and the new corporate governance code Bobby V Reddy / Reconsidering transferred loss Andrew Trotter / Dryden v Johnson Matthey : the boundaries of actionable damage Jarret J Huang

Australia's anti-encryption laws being used to bypass journalist protections, expert says by Josh Taylor of The Guardian

Blair Cottrell moves to appeal conviction over mock beheading video by Lisa Martin of The Guardian

Emojis are increasingly coming up in court cases. Judges are struggling with how to interpret them by Samantha Murphy Kelly of CNN

Encryption laws developed after little consultation with Australian tech companies, FOI documents reveal by Ariel Bogle of ABC News

Google listens to user speaker recordings from SBS News

'Google's power is extraordinary' : businesses turn to the courts over bad reviews by Josh Taylor of The Guardian

Indigenous workers receive $190m stolen wages settlement from Queensland government from The Guardian

'No intention' to reduce number of jury trials in NSW : Chief Judge by Michaela Whitbourn of the Sydney Morning Herald

Companion Animals and Other Legislation Amendment Act 2018 - Assented to 15.6.2018. Date of commencement, except Schs 1 [1]–[5] [7] [8] [10] [12]–[15] [17] and [19]–[22] and 2 [3] and [8]–[11], 1.7.2019, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Sch 1 [1]–[5] [7] [8] [10] [14] [15] [17] and [19]–[22], 31.8.2018, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Schs 1 [12] and [13] and 2 [3] and [8]–[11], 1.7.2018, sec 2 and 2018 (301) LW 29.6.2018.

State Revenue and Other Legislation Amendment Act 2019 - Assented to 1.7.2019. Date of commencement Sch 4 excepted, 1.7.2019, sec 2 (1); date of commencement of Sch 4, assent, sec 2 (2).

Albany Regional Prison's dog training program is creating better pets and better people by Ellie Honeybone on ABC News

Top NSW judge Graeme Henson puts a spotlight on mental health in the legal profession by Jamelle Wells on ABC News

Will California’s new bot law strengthen democracy? by Noam Cohen on The New Yorker