The Library Bulletin

The 29-year 'rut of injustice' : High Court rejects bid for retrial of alleged Bowraville killer by Michaela Whitbourn of The Sydney Morning Herald

Former judge says delays in Witness K case an 'abandonment' of open and fair justice by Christopher Knaus of The Guardian

Police failed to get legal advice on Lawyer X arrangement until years after it ended by Sarah Farnsworth of ABC News

Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2018 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Forestry Amendment (Public Enforcement Rights) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Gaming Machines Amendment (Transparency) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Limitation Amendment (Child Abuse) Bill 2015 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Attorney-General for New South Wales v XX [2019] HCATrans 52 - whether the Court of Criminal Appeal correctly construed section 102(2) of the Crimes (Appeal and Review) Act 2001 (NSW), evidence re disappearance and death of Colleen Walker and the murder of Evelyn Greenup (Bowraville)

CQX18 v Minister for Home Affairs [2019] FCA 386 - judge criticised Federal Circuit Court judge for "professional discourtesy" in treatment of an Iranian refugee's case

Fair Work Ombudsman v Transpetrol TM AS [2019] FCA 400 - "where foreign employer of crew of vessel engaged in coastal trading admitted contraventions of ss 45 and 293 of Fair Work Act 2009 (Cth) by underpaying crew members under an award or the National Minimum Wage Order 2014"

100 years of women in the law : from Bertha Cave to Brenda Hale presented by Lady Hale, President of the Supreme Court at King's College London

High Court decides Prime Trust directors breached their duties by Cameron Jorss of HWL Ebsworth - considers Australian Securities and Investments Commissions v Lewski [2018] HCA 63

Law Report (ABC) for 27 March presented by Damien Carrick - Mandatory drug rehab for children

Proposed changes to information regulations for online platforms and increased funding for privacy regulator by Georgia Milne and Joshua Clarke of Holding Redlich - examines proposed changes to the Privacy Act 1988 (Cth)

Segmenting the decision-making process and not weighing all of the evidence before reaching a conclusion is not the right approach by Andrew Gorman of McCabe Curwood - considers Bezer v Bassan [2019] NSWCA 50

New South Wales law reports, Volume 97(3), March 2019 - in this issue : AD v Commissioner of the Australian Federal Police / Carr v Homersham / Council of the Law Society of New South Wales v Bouzanis / Fairfax Digital Australia and New Zealand Pty Ltd v Kazal / Medich v R / Newell; Muriniti v De Costi / QBE Underwriting Ltd as Managing Agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd / South Western Sydney Local Health District v Gould

Brief, Volume 46(2), March 2019 - in this issue : Update on the Legal Profession Uniform Law Scheme Joshua Thomson SC / The rule of law and the independence of the judiciary : values lost or conveniently forgotten? Hon Stephen Thackray / Farewell to the Honourable Chief Judge Stephen Thackray / Trials and tribulations : verity Long-Droppert Melanie Callow / Elder abuse and the family : working towards a national plan on elder abuse and beyond Justin Stevenson / Issues from the 2018 Review of the contentious business determinations Clare Thompson / Vale the Honourable Geoffrey Miller QC / Farewell to the Honourable Justice Michael Baker Greg McIntyre SC / The tale of the famous button seller John McKechnie QC

University of New South Wales law journal, Volume 42(1), 2019 - in this issue : Analogical reasoning by reference to statute : what is the judicial function? The Hon Michelle Gordon AC / Of protest, the commons, and customary public rights : an ancient tale of the lawful forest Cristy Clark and John Page / What is a court of law? Denise Meyerson / The narrative model of constitutional implications : a defence of Roach v Electoral Commissioner Jonathan Crowe / Disembodied data and corporeal violation : our gendered privacy law priorities and preoccupations Jessica Lake / Redefining the circumstances in which family hardship should mitigate sentence severity Mirko Bagaric / The conflicting purposes of Australian anti-discrimination law Alice Taylor / Migration pathways for frontline care workers in Australia and New Zealand : front doors, side doors, back doors and trapdoors Joanna Howe, Sarah Charlesworth and Deborah Brennan / It takes a village : civil society regulation of employment standards for temporary migrant workers in Australian horticulture Stephen Clibborn / The importance of lawyers in international tax policy design and development : an exploration and extension of the legal-economic literature Ann Kayis-Kumar / Independence in practice : superannuation fund governance through the eyes of fund directors M Scott Donald and Suzanne Le Mire / Legitimacy in Australia's financial system external dispute resolution framework : new and improved or simply new? Camilla Pondel

Australian commercial law (32nd ed) / Clive Turner and John Trone

Carter’s Criminal Law of Queensland (22nd ed) / M J Shanahan, S M Ryan, A J Rafter, J J Costanzo and A Hoare

Miller's Australian competition and consumer law annotated 2019 (41st ed) / Russell V Miller

You can now borrow loose-leaf titles from within the Lexis Red app instead of going into the Lexis Red Digital Lending Library. Just make sure that you have updated the app so that you have the most up-to-date version.

The to get to the borrowing page in Lexis Red library from within the app :

iPad : in your settings – the cog wheel

Android tablet : in your settings – the three little dots

Windows machine : the stack of books icon on the left hand side of the viewing pane (the bottom icon)

Mac machine : if you hover over the top of your screen, a drop down bar will appear, select Lexis Red and then the digital library tool there

If you haven't got Lexis Red but would like it please email lexisred@nswbar.asn.au and let us know your email and NSWBA membership number.

Trauma of news journalism in focus after The Age found responsible for reporter's PTSD by Farz Edraki and Damien Carrick for The Law Report (ABC)

US Supreme Court declines to hear 'racist juror' case from SBS News

Vexatious litigants and the High Court by Katy Barnett of High Court Blog

The Parliamentary Joint Committee on Corporations and Financial Services have released their report on The operation and effectiveness of the Franchising Code of Conduct, see details here and the report here.

Allegations of false and misleading statements do not automatically necessitate an exemption from CARS by Katherine Teague of McCabe Curwood - considers Insurance Australia Limited t/as NRMA v Howard [2019] NSWSC 224

Co-ownership disputes - navigating sec 66G applications by Sydney Jacobs of 13 Wentworth Selborne - examines co-ownership disputes

Industrial manslaughter offence and other changes coming to Model Work Health and Safety Laws by John Tuck, Marie Costa, Professor Anthony Forsyth and Jade Saunders of Corrs Chambers Westgarth - examines changes to the Model Work Health and Safety Laws

Law in Action (BBC) for 19 March presented by Joshua Rozenberg - Online abuse and the law

Law Report (ABC) for 19 March presented by Damien Carrick - Free speech and the public service and Tackling family violence in Argentina with Women's Police Stations

"On just terms" : High Court ruling brings (some) certainty to Native Title compensation by Mark Geritz, Tosin Aro, Damien Gardiner, Margaret Michaels and Brad Wylynko of Clayton Utz - considers Northern Territory of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Commonwealth of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor v Northern Territory of Australia & Anor [2019] HCA 7

When harmful content is posted online, who is ultimately responsible? by Michael Bradley of Marque Lawyers - examines how the internet and the law intersect

Braye v Tarnawskyj [2019] NSWSC 277 - land law, possessory title

Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9 - criminal practice, Prasad direction

Environment Protection Authority v Whitehaven Coal Mining Limited [2019] NSWLEC 27 - environmental offences, "use of and weight to be given to the good character of an environmental offender"

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 355 - copyright, "whether copyright continues to subsist in an artistic work described as the "Membership Card image" authored by a United States citizen in the United States of America in 1954"

Hutchings v Hope [2019] NSWCATAP 59 - home building, sham contract

OKS v State of Western Australia [2019] HCA 10 - criminal practice, no substantial miscarriage of justice

Paix v Novacoal Australia Pty Ltd & Another [2019] NSWDC 51 - coal miners workers compensation

Sik v The Owners – Strata Plan No 58961 [2019] NSWCATAP 63 - land law, validity of by-law restricting the use of a lot

Another claim bites the dust : NSW Court of Appeal curtails claims for loss of future profit in land acquisition by Brendan Bateman, Nick Thomas, John Clayton, Rachelle Wilson and Alison Packham of Clayton Utz - considers Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41 and when claims for the loss of future profit can be made under section 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)

Corrs High Vis : episode 33 – Can a builder in liquidation take advantage of the security of payment regime? presented by Wayne Jocic and Samuel Woff of Corrs Chambers Westgarth - examines whether a builder that is in liquidation take advantage of the security of payment regime

Easements : knowing when to fight and when to surrender by Sydney Jacobs of 13 Wentworth Selborne Chambers - examines the nature of easements

Law in Action (BBC) for 12 March presented by Joshua Rozenberg - Jailhouse law

Law Report (ABC) for 12 March presented by Damien Carrick - Family violence and strangulation

Section 5O CLA and competent professional practice following Gould by Richard Cheney SC of Greenway Chambers - considers section 5O of the Civil Liability Act 2002 (NSW) after the decision in South Western Sydney Local Health District v Gould [2018] NSWCA 69

Timber Creek native title compensation determination – High Court gives final judgment by Scott Singleton and Sally Audeyev of King and Wood Mallesons - considers Northern Territory v Griffiths [2019] HCA 7

Northern Territory of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Commonwealth of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor v Northern Territory of Australia & Anor [2019] HCA 7 - native title rights, spiritual attachment

Arcidiacono v The Owners – Strata Plan 61233 [2019] NSWCA 46 - whether easements created by conveyances in 1839 bind present-day registered proprietors

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B V (No 6) [2019] FCA 337 - legal professional privilege, unredacted documents

Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425 - staff underpayment

Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 - criminal law, derangement

Kallin Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 36 - overall social impact of granting a liquor licence

Return to Work SA v Backhouse [2019] SAET 34 - worker was injured whilst playing cricket at a work site, worker’s employer had through its fitness for work policy encouraged the worker to be active and it found that playing cricket assisted the worker to sleep during the transition from night shift to day, Tribunal awarded compensation, appeal dismissed

ACCC wants ban on sale of unsafe items from SBS News

ATO cracks down on legal professional privilege 'misuse' after Panama Papers tax leak by Nassim Khadem of ABC News

FIFO worker's payout for a cricket injury at Oz Minerals mine stands up on appeal by Meagan Dillon of ABC News

First teaching law firm celebrates benefits to students and clients by Neil Rose of LegalFutures

Draft terms of reference for a royal commission into violence, abuse, neglect and exploitation of people with disability have been released, see details here.

Have your say on the terms of reference via public survey. The survey is open until Thursday 28 March 2019.

Class 3 Compensation Claims - current (published 15 March 2019)

Class 2 - Tree Applications - current (published 1 December 2018)

Remember that we have access to a vast range of ebooks from Lexis, Federation Press, CCH and Oxford University Press through an ebook platform.

You can browse or search within the platform itself or click on the icon in a library catalogue record. Log in using the same username and password that you use to access the library catalogue.

Australian corporate lawyer, Volume 29(1), Autumn 2019 - in this issue : Legal voices Sharyn Cowley / A day in the life Jane Bowd, Group Company Secretary and Corporate Counsel at Coca-Cola Amatil / Leading for impact : a personal perspective Richard Dammery / Build a powerful legal tech shopping list with functional and non-functional requirements Verity White / "If you always do what you always did, you will always get what you always got" Anna Lozynski / Learnings from the Royal Commission : the missing questions Hajo Duken / Navigating the privacy challenges of biometric and other personal health data Nicole Choolun / Your brand in the consumer's hands Amber Wood / The 'without prejudice' privilege - a recent cautionary tale Bronwyn Lincoln / Technology in transport : moving you in(to) the future (part 2) Emily Jordan-Baird and Emilie Canavese / Unique ethical challenges for in-house lawyers Michael Dolan / Asia focuses on legal operations Neville Eisenberg and Bruce Braude / The (biggest) problem with tenders Thomas Kaldor and Amritha Thiyagarajan / The t-shaped in-house lawyer Peter Connor / Costs budgeting : controlling the costs of litigation Kristen Smith, Liz Harris and Jonathan O'Riordan / The power of plain language Sharon Stockman / Culture and corporate wellness - what can we learn from the Prudential Inquiry and Royal Commission? Desiree Baldacchino / ACC global update

Criminal law review, Issue 2, 2019 - in this issue : The Sentencing Code Nicola Padfield / Cross-examination of sexual assault complainants on previous sexual behaviour : views from the barristers' row Laura Hoyano / Can we have faith jurors listen without prejudice? : likely sources of inaccuracy in voice-comparison exercises Jeremy Robson and Harriet Smith / Parole board decision-making : two key challenges for the Parole Board of England and Wales John Saunders and Julian V Roberts / Abuse of process - R v GS, R v E / Bad character - R v O / Duress - R v Petgrave (Pascoe) / Infanticide - R v Tunstill (Rachel Julie) / Intoxication - R v Taj (Simon) / Sentencing - R v Keeley (Raymond), attorney General's Reference (R v Williams), R v Phillips (James) / Terrorism - R v Lane (Sally) / Trial - R v Myers (Natasha)

Criminal law review, Issue 3, 2019 - in this issue : The Supreme Court justices clear their decks Nicola Padfield / Privacy, crime control and police use of automated facial recognition technology Joe Purshouse and Liz Campbell / The contours of involuntary manslaughter - a place for unlawful act by omission Richard Taylor / Vulnerability and the appropriate adult safeguard : examining the definitional and threshold changes with PACE Code C Roxanna Dehaghani and Chris Bath / Fair trial - Beuze v Belgium (Application No 71490/10) / Magistrates' Court - Valiati v Director of Public Prosecutions; KM v Director of Public Prosecutions / Public nuisance - R v Stockli (Dylan) / Sentencing - R v Dillon (Reyon Menelek), R v Price (George), R (on the application of Stott) v Secretary of State for Justice / Theft - R v Gimbert (John David) / Trial - R v Marchant (Mark) / Unexplained wealth order - National Crime Agency v Hajiyeva

Australian Capital Territory law reports, 13(3), March 2019 - in this issue : Mitchell v Australian Capital Territory / Nchouki v The Queen

District Court law reports (NSW), Volume 27(2), March 2019 - in this issue : Fuller v New South Wales / Fuller-Wilson v New South Wales / Ivanman Pty Ltd v Meetfresh Franchising Pty Ltd / R v BC / Sherwood v Hussain / Skillen v New South Wales / Vaa v Barakat

Federal Court reports, Volume 259(1), March 2019 - in this issue : Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner / COZ16 v Minister for Immigration and Border Protection / Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd

Federal Court reports, Volume 259(2), March 2019 - in this issue : Burgess v Minister for Immigration and Border Protection / Denmark Community Windfarm Ltd v Federal Commissioner of Taxation / Innes v AAL Aviation Ltd / Migration Agents Registration Authority v Frugniet / SZVDC v Minister for Immigration and Border Protection

Federal Court reports, Volume 259(3), March 2019 - Andriotis v Victorian Building Authority / CJU15 v Minister for Immigration and Border Protection / Linfox Australia Pty Ltd v O'Loughlin / O'Loughlin v Linfox Australia Pty Ltd / SA Power Networks v Australian Competition Tribunal (No 2)

The Crown : essays on its manifestation, power and accountability / Martin Hinton and John M Williams (eds)

Discrimination law and practice (5th ed) / Chris Ronalds and Elizabeth Raper

House of Representatives practice (7th ed) / D R Elder (ed)

Whatever it takes : ruthless power and suffering genius / Peter Deakin

Workplace investigations : principles and practice / Paula Hoctor and Michael Robertson (eds)

Brewster v BMW Australia Ltd [2019] NSWCA 35 - constitutionality of common fund orders, power of judges to issue common fund orders

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 3) [2019] FCA 285 - evidence

Frangie v South Western Sydney Local Health District trading as Liverpool Hospital [2019] NSWDC 42 - medical negligence, damages for mental of nervous shock, 'normal fortitude'

R v Warwick (No 48) [2019] NSWSC 206 - evidence, admissibility of a single photocopy document collating three notebook pages

YZ (a pseudonym) v The Age Company Limited [2019] VCC 148 - Age journalist awarded damages for Post-Traumatic Stress Disorder developed while a crime and court reporter

'All surfers will lose control of their board' : lawyers target longboarders without leg ropes by Heath Gilmore of the Sydney Morning Herald

Barrister Julian Burnside to face off against Josh Frydenberg by Rosemary Bolger of SBS News

Courts should not handle trivial defamation cases, attorney general says by Amanda Meade of The Guardian

The Council of Attorneys-General Defamation Working Party is undertaking a review of Australian defamation law to identify areas for national reform.

Submissions are invited in relation to The Review of Model Defamation Provisions Discussion Paper, see information here.

The deadline for submissions is Tuesday 30th of April 2019.

Treasury have released a consultation paper called Insurance claims handling which takes action on recommendation 4.8 of the Banking, Superannuation and Financial Services Royal Commission.

See information here, and note that responses to the consultation can be submitted up until 29 March 2019.