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NSW Acts proclaimed and Bills assented

Fri Jun 28 2019
Proclamations commencing Acts

Ageing and Disability Commissioner Act 2019 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Fair Trading Legislation Amendment (Reform) Act 2018 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Paintball Act 2018 No 44 (2019-274) - published on the legislation website 28 June 2019, see proclamation here, and Act here

Bills assented to

Ageing and Disability Commissioner Act 2019 - assented to 25.6.2019. Date of commencement, Part 4 and Sch 1.1 [1] excepted, 1.7.2019, sec 2 (1); date of commencement of Part 4 and Sch 1.1 [1]: not in force.

Appropriation Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Appropriation (Parliament) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Local Government Amendment Act 2019 - assented to 25.6.2019. Date of commencement, Schs 1 [4] and [15]–[20] and 2.2 excepted, assent, sec 2 (1); date of commencement of Schs 1 [4] and [15]–[20] and 2.2: not in force.

Interesting articles, speeches and podcasts

Fri Jun 28 2019

"Drink-working" – drugs and alcohol in the workplace by Clare Raimondo, Alice Woods and Michal Bergander-Florek of HWL Ebsworth - considers unfair dismissal and drugs and alcohol in the workplace

Facial recognition technology : a legal challenge in Orwell's backyard by Michael Caplan, Erica Chan and Meaghan Powell of Gilbert + Tobin - considers facial recognition

The future of the NSW Modern Slavery Act is unclear by Lina Fischer, Cilla Robinson and Monique Azzopardi of Clayton Utz - the Modern Slavery Act 2018 (NSW) will not commence 1 July 2019 as anticipated due to "defects" and inconsistencies with the Commonwealth Act

Law Pod UK Ep 84: Widening access at the bar - Jo Moore and Laura Bruce - Emma-Louise Fenelon discusses widening participation at the UK bar with Jo Moore from 1COR and Laura Bruce from the Sutton Trust

Law Report (ABC) for 25 June presented by Damien Carrick - The dog helping survivors give harrowing evidence

Un-becoming a victim : between historic reminder and hallucination, geographical document and childhood memory, collective tragedy and personal healing presented by Sasa Rajsic at the Oxford Transitional Justice Research Seminar Series, University of Oxford

News

Fri Jun 28 2019

New judgments

Fri Jun 28 2019

Australian Competition and Consumer Commission v Birubi Art Pty Ltd (in liq) (No 3) [2019] FCA 996 - "respondent wholesaler engaged in conduct likely or liable to mislead or deceive potential purchasers by implying that five product lines were hand-painted by Australian Aboriginal persons and were made in Australia"

Chief Executive, Office of Environment and Heritage v Traikaero Pty Ltd; Chief Executive, Office of Environment and Heritage v Woods [2019] NSWLEC 90 - sentence, clearing of native vegetation

The Environmental Group Ltd v Bowd [2019] FCA 951 - termination of employment, "where employee reported in a CEO report financial irregularities to the board - where employee made a complaint to the Australian Securities and Investments Commission alleging serious fraud within the company before completion of an audit"

FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 - "whether the meaning of "a national" as appears in the definition of "receiving country" in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status - meaning does not apply in such a circumstance"

Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766 - defamation, media companies found liable for comments posted on their Facebook pages

White v Redding [2019] NSWCA 152 - damages, assessment of non-economic loss

New law reports

Fri Jun 28 2019

Commonwealth law reports, Volume 263(1), June 2019 - in this issue : Dimitrov v Supreme Court (Vic) / Graham v Minister for Immigration and Border Protection / Te Puia v Minister for Immigration and Border Protection / Thorne v Kennedy / Trkulja v Google LLC

Federal Court reports, Volume 262(1), July 2019 - in this issue : Dunlop Aircraft Tyres Ltd v Goodyear Tire and Rubber Company / EHW18 v Minister for Home Affairs / FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection / Pintarich v Deputy Commissioner of Taxation

New journals

Fri Jun 28 2019

ARITA journal, Volume 31(2), 2019 - in this issue : Creating partners Charles Cunninghame / State of the profession 2019 John Winter / What can go wrong? Charles Cunninghame / Shareholder's rights in a bankrupt estate Michelle Castle and Nicholas Dale / The Dragon Pearl case Kevin Shum and David Walter / Eligibility for safe harbour Lisa Filippin and Alan Mitchell / Safe harbour in practice Rob Brauer / When the honeymoon is over Dr Lezelle Jacobs / A leap of good faith Katherine Wangmann / Rugby WA voluntary administration Scott Langdon / Understanding valuation and auction compliance Tim Slattery / Government funding for registered liquidators Steven Atkins, Henry Carr and Thea Eszenyi / Profile Kelly Trenfield / Government updates - Jobs and small business - Corporations Amendment (Strengthening Protections for Employee Entitlements) Act Sue Saunders / Government updates - AFSA - Some reflections on the personal insolvency system Hamish McCormick / Government updates - ASIC - Banking Royal Commission and the importance of culture John Price / Good practice Kim Arnold, Narelle Ferrier and Natasha McHattan / Q&A Natasha McHatten / Insolvency case reports Natasha McHatten

Criminal law review, Issue 6, 2019 - in this issue : Offensive weapons and knife crime Nicola Padfield / Racially and religiously aggravated offences : "God's gift to defence"? Abenaa Owusu-Bempah, Mark Austin Walters and Susann Widlitzka / Deferred prosecution agreements and the interests of justice : a consistency of approach? Karl Laird / Time to abandon "beyond reasonable doubt" and "sure" : the case for a new direction on the criminal standard and how it should be used Adrian Keane and Paul McKeown / Cases and comments : Animal welfare; Appeals from Magistrates' Courts - Highbury Poultry Farm Produce Ltd v Crown Prosecution Service; R (on the application of Highbury Poultry Farm Produce Ltd) v Telford Magistrates' Court, Deception vitiating consent in rape - R (on the application of Monica) v Director of Public Prosecutions, Evidence - R v Lewis (Lyndon), Intermediary - R v Biddle (Joseph), Misuse of drugs - R v Coker (Isaac), Sentencing - R v KPR - R v Beckford (Daniel) - R v McGeechan (Jack)

Psychiatry, psychology and law, Volume 26(1), February 2019 - in this issue : Electroconvulsive therapy, law and human rights : PBU & NJE v Mental Health Tribunal [2018] VSC 564, Bell J Ian Freckelton QC / Disentanglement from street gangs : a systematic review of the literature Sarah Tonks and Zoe Stephenson / Challenges for research into military investigation Antje Buehler, Gavin E Oxburgh, Peter Zimmermann, Gerd-Dieter Willmund and Ulrich Wesemann / Verifiability on the run : an experimental study on the verifiability approach to malingered symptoms Irena Boskovic, Claudia Tejada Gallardo, Aldert Vrij, Lorraine Hope and Harald Merckelbach / The case for measuring legal actor contributions in court proceedings Rhondda Waterworth / Perspective differences in trial process : a comparison of judges, juries and litigants Angela M Jones, Shayne E Jones and Aaron Duron / Ageing in corrective services : from the perspective of prison chaplains R Shaw, B Stevens, J Paget and P Snoyman / Threshold point utilisation in juror decision-making Lee J Curley, Rory MacLean, Jennifer Murray, Andrew C Pollock and Phyllis Laybourn / Looking inside a circle : volunteer experiences of circles of support and accountability Giulia Lowe and Gwenda Willis / Interview expectancies : awareness of potential biases influences behaviour in interviewees Nicole M Adams-Quackenbush, Robert Horselenberg, Josephine Hubert, Aldert Vrij and Peter van Koppen

New judgments

Fri Jun 21 2019

adidas AG v European Union Intellectual Property Office, Judgment of the General Court (Ninth Chamber, Extended Composition) ECLI:EU:T:2019:427, 19 June 2019 - trade marks, three parallel stripes, "ordinary figurative mark"

Australian Education Union, NSW Teachers Federation Branch v Department of Education [2019] NSWIRComm 1039 - qualifications of employees-school councillors, recommendation that Department of Education give preference in employment to applicants with dual qualifications in psychology and teaching

Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 - corporations, external administration, Personal Property Securities Act 2009 (Cth) security interests

CCA19 v Secretary, Department of Home Affairs [2019] FCA 946 - migration, Nauru, medevac transfer, definition of term "treating doctor"

Crawford v Davidson-Crawford [2019] NSWSC 728 - interpretation of s 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW)

Fox v SAS Trustee Corporation [2019] NSWDC 277 - police, resignation due to mental health illness, whether the plaintiff was incapable from an infirmity of mind of discharging the duties of his office at his time of resignation, plaintiff later rejoined the police force

Masson v Parsons [2019] HCA 21 - meaning of "parent", "artificial conception procedure"

R v Wen [2019] NSWDC 267 - sentence, robbery while armed with a dangerous weapon

News

Fri Jun 21 2019

New and updated NSW Bills

Fri Jun 21 2019
Acts assented to

Library Amendment Act 2019 - assented to 17 June 2019, commenced on assent

Statute Law (Miscellaneous Provisions) Act 2019 - assented to 17 June 2019. Date of commencement, except Schs 1.2, 1.10 [2], 1.13, 2.16, 2.18, 2.26 and 3, 14 days after assent, sec 2 (1); date of commencement of Sch 1.2, assent, Sch 1.2; date of commencement of Sch 1.10 [2], 1 July 2019, Sch 1.10; date of commencement of Sch 1.13, 1.7.2019, Sch 1.13; date of commencement of Sch 2.16, 1 July 2019, Sch 2.16; date of commencement of Sch 2.18: not in force; date of commencement of Sch 2.26, 1 July 2019, Sch 2.26; date of commencement of Sch 3, 1 August 2019, sec 2 (3)

Awaiting assent

Ageing and Disability Commissioner Bill 2019 - awaiting assent, 20 June 2019

Appropriation (Parliament) Bill 2019 - awaiting assent, 20 June 2019

Appropriation Bill 2019 - awaiting assent, 20 June 2019

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019 - awaiting assent, 19 June 2019

Local Government Amendment Bill 2019 - awaiting assent, 19 June 2019

State Revenue and Other Legislation Amendment Bill 2019 - awaiting assent, 20 June 2019

Bills in progress

Parliamentary Budget Officer Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 20 June 2019

Planning Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2019

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 June 2019

Notices of motion

Anti-Discrimination Amendment (Religious Freedoms) Bill 2019 - notice of motion in Legislative Council, 19 June 2019

Crimes Amendment (Protection of Foetuses) Bill 2019 - notice of motion in Legislative Council, 20 June 2019

Kosciuszko Wild Horse Heritage Repeal Bill 2019 - notice of motion in Legislative Council, 18 June 2019

Interesting articles, websites, speeches and podcasts

Fri Jun 21 2019

Australian Securities and Investments Commission v Kobelt by Katy Barnett on Opinions on High (High Court Blog) - considers Australian Securities and Investments Commission v Kobelt [2019] HCA 18

Crime Statistics Australia - government website covering statistics and information on homicide, illicit drug use and deaths in custody

Law in Action (BBC) for 18 June presented by Joshua Rozenberg - Julian Assange : what next?

Law Pod UK Ep 83 : Scope of duty and causation : Chester v Afshar revisited - part 2 - Dominic Ruck Keene dicusses the effects of Chester v Afshar [2004] UKHL 41, causation and medical negligence

Law Report (ABC) for 18 June presented by Damien Carrick - High Court rules payment scheme a valid way to provide credit to Indigenous people and Should you go to jail if you help a university student cheat?

Lord Kitchin at UKIPO - WIPO Conference - keynote speech on artificial intelligence

Native Title compensation – when can't you pay? by Marshall McKenna, Lauren Shave and Arabella Tole of Gilbert + Tobin - considers Thaluntha Pty Ltd v Citic Pacific Mining Management Pty Ltd [2019] WASC 196 (the first decision of its type by a superior court) where the court held that "a compensation agreement made under the Native Title Act 1993 (Cth) with a native title claim group who, subsequent to their entry into the contract, had their claim dismissed is not enforceable, and was frustrated from the point at which the claim was dismissed"

The real possibility of a conflict of interest between an insurer and its insured will justify joinder under s 79 MACA by Andrew Gorman of McCabe Curwood - considers the Insurance Australia Limited v Dent [2019] NSWCA 134 and s 79 of the Motor Accidents Compensation Act 1999 (NSW)

Wills and estates : capacity and technology by Michael Bennett of 13 Wnetworth Selborne - considers estate administration

New law reports

Fri Jun 21 2019

Australian Capital Territory law reports, Volume 13(4), June 2019 - in this issue : Burridge v Chief Magistrate of the Magistrates Court (ACT) (No 2) / Leda Commercial Properties Pty Ltd v Brenda Hungerford Pty Ltd / Public Prosecutions (ACT), Director of v Graham / Public Prosecutions (ACT), Director of v Spong

District Court law reports (NSW), Volume 28(1), June 2019 - in this issue : Bendigo and Adelaide Bank Ltd v Dimitrov / Costello v New South Wales / Mosslmani by his tutor Karout v Nationwide News Pty Ltd (No 2) / Sullivan v Chasi

Federal Court reports, Volume 261(3), June 2019 - in this issue : Aldi Foods Pty Ltd v Moroccanoil Israel Ltd / Australian Building and Construction Commissioner v Hall / Hart v Federal Commissioner of Taxation / Ogbonna v Minister for Immigration and Border Protection

Federal Court reports, Volume 261(4), June 2019 - in this issue : AYY17 v Minister for Immigration and Border Protection / BMV16 v Minister for Home Affairs / BXK15 v Minister for Immigration and Border Protection / Cole v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v EEI17 / Immigration and Border Protection, Minister for v Egan / Singh v Minister for Immigration and Border Protection

New journals

Fri Jun 21 2019

Revenue law journal, Volume 25, 2015-18 - in this issue : Dedicated to Professor Jim Corkery Anthea Gerrard / The High Court has an opportunity to reverse the dangerous and unwise precedent set by the Federal Court in FCT v Macoun John Azzi / Direct penalty notices - promoting a culture of good corporate governance and of successful corporate rescue post insolvency Sylvia Villios / Comparing the New Zealand and Australian GAAR John Tretola / New developments in dispute resolution in international tax Michelle Markham / An outlook of intangible assets and transfer pricing in China Jieri (Jerry) Zhan / A comparison between the modalities of interpreting tax legislation applied in South Africa and Australia Fareed Moosa / The multilateral instrument : avoidance of permanent establishment status and the reservations on behalf of Australia and the UK Milla Ivanova

University of New South Wales law journal, Volume 42(2), 2019 - in this issue : Perfectly safe, five times out of six : the Briginshaw principle and its paradoxes Harry Stratton / Domestic relationship evidence in Queensland : an analysis of a misunderstood provision Rebecca Campbell / Why her behaviour is still on trial : the absence of context in the modernisation of the substantive law on consent Annie Cossins / The Osland 'wrong turn' and the problems that fictions produce Andrew Dyer / Determining suicide under Australian law : a comparative study of coronial practice Stephanie Jowett, Belinda Carpenter and Gordon Tait / The rule of law on Instagram : an evaluation of the moderation of images depicting women's bodies Alice Witt, Nicholas Suzor and Anna Huggins / The Bindunbur 'bombshell' : the true traditional owners of James Price Point and the politics of anti-gas protest Lily O'Neill / The My Health Record system : potential to undermine the paradigm of patient confidentiality? Gabrielle Wolf and Danuta Mendelson / The public sector duty of care and diligence Benjamin B Saunders / Empowering authors via fairer copyright contract law Rita Matulionyte / Is there a better option than the data transfer model to protect data privacy? Alan Toy and Gehan Gunasekara / A shift in the United Nations Human Rights Committee's jurisprudence on marriage equality? An analysis of two recent communications from Australia Oscar I Roos and Anita Mackay

New books

Fri Jun 14 2019

New judgments

Fri Jun 14 2019

Australian Securities and Investments Commission v Kobelt [2019] HCA 18 - consumer protection, unconscionable conduct

Ellis v TAL Life Ltd [2019] NSWDC 259 - insurance, medical catastrophe benefit

Environment Protection Authority v Davis [2019] NSWLEC 79 - environmental offences

Hart v Veloce Expresso Pty Ltd (t/as Azucar Café) [2019] NSWDC 251 - personal injury, slip and fall, water hazard

Jarosz v State of New South Wales [2019] NSWSC 692 - creation of highways

Kitchener v Magistrate Thomas in his capacity as a Coroner [2019] NSWSC 701 - deceased died intestate and no administrator has been sought, whether priority to take administration under the Probate and Administration Act 1898 (NSW) determines the question of release of remains

Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17 - immigration

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 885 - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth)

Interesting articles, media releases and podcasts

Fri Jun 14 2019

New law reports

Fri Jun 14 2019

New South Wales law reports, Volume 98(1), June 2019 - in this issue : Avopiling Pty Ltd v Bosevski / Avopiling Pty Ltd v The Workers Compensation Nominal Insurer / Carlewie Pty Ltd v Roads and Maritime Services / Chapman v South Eastern Sydney Local Health District / Corrective Services, Commissioner of v Liristis / Public Prosecutions (NSW), Director of v Al-Zuhairi / South West Helicopters Pty Ltd v Stephenson / South West Helicopters Pty Ltd v Stephenson (No 2) / Turnbull v Strange

New journals

Fri Jun 14 2019

Law Institute journal, Volume 93(6), June 2019 - Addressing the postcode disadvantage Stuart Webb / Firms harness multi-generational power Karin Derkley / Victims study prompts OPP action Carolyn Ford / In the public interest Karin Derkley / Dealing with misconduct Dr Simon Smith / Restorative approach gets results Julie Edwards / Charter of Human Rights demands access Tal Shmerling / The importance of civility Dr Michelle Sharpe / Time to go online Katarina Palmgren / Liability for racially offensive remarks Bill Swannie / I, lawyer the 'trusted adviser' of the future Sean Kelly and Harrison Nurse / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Recognising the essential dignity of each individual Gino Dal Pont / Checklists can help avoid a claim Legal Practitioners' Liability Committee / Managing legal projects Liz Harris / Sale of land agreements Russell Cocks / Dear landlord Katie Ho / Induction roadmap Peter Moran / Would Facebook have been liable? Genevieve Lakey / Call for workplace action Sophie Lefebvre and Vanessa Shambrook / Scandal puts ethics in focus Arthur Moses SC / Lawyers on the campaign trail Karin Derkley / Staying the distance Karin Derkley

New judgments

Fri Jun 07 2019

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

Griffiths as trustee for the Griffiths HWL Practice Trust v Martinez as trustee for the Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers [2019] NSWSC 664 - damages for breach of contract

Lucas v Zomay Holdings Pty Ltd [2019] FCA 830 - specific performance of contract, "fourth category" of Masters v Cameron (1954) 91 CLR 35

Olgun v Kilic [2019] NSWDC 235 - motor vehicle accidents, "blameless accident", test for causation once fault is deemed

R v Khan (No 11) [2019] NSWSC 594 - 36 year jail term for terror attack

Togher & Anor v Alexander & Ors (No 2) [2019] NSWDC 221 - capacity of unincorporated association to contract

New and updated NSW Bills

Fri Jun 07 2019
In progress

Ageing and Disability Commissioner Bill 2019 - in Legislative Council, consideration in committee of the whole, 5 June 2019

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 4 June 2019

Crown Land Management Amendment (Reservation and Vesting of Crown Land) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 6 June 2019

Industrial Relations Amendment (Contracts of Carriage) Bill 2019 - in Legislative Council, second reading, debate adjourned, 6 June 2019

Local Government Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 4 June 2019

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2019 - in Legislative Council, awaiting second reading debate, referred to committee for inquiry and report, 6 June 2019

Parliamentary Budget Officer Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 6 June 2019

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 6 June 2019

Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 - in Legislative Council, awaiting second reading debate, referred to committee for inquiry and report, 6 June 2019

Awaiting assent

Library Amendment Bill 2019 - awaiting assent, 5 June 2019

Statute Law (Miscellaneous Provisions) Bill 2019 - awaiting assent, 5 June 2019

Notice of motion

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2019 - notice of motion in Legislative Council, 4 June 2019

Protection of the Environment Operations Amendment (Clean Air) Bill 2019 - notice of motion in Legislative Council, 5 June 2019

Repeal of Kosciuszko Wild Horse Heritage Legislation Bill 2019 - notice of motion in Legislative Council, 6 June 2019

Negatived

Fair Trading Amendment (Cash Loan Machines) Bill 2019 - second reading negatived on division in the Legislative Assembly, 6 June 2019

Withdrawn

Independent Commission Against Corruption Amendment (Nullification of Findings) Bill 2019 - notice of motion withdrawn, 4 June 2019

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2019 - notice of motion withdrawn, 4 June 2019

NCAT Statutory Review

Fri Jun 07 2019

The Department of Justice is seeking written feedback on the operation of the Civil and Administrative Tribunal Act 2013 (NSW), see information here.

The deadline for feedback is 10 July 2019.