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Interesting articles, speeches and podcasts

Fri May 31 2019

100 years of women in the law by Lady Hale, President of the Supreme Court at the Girton's Visitor's Anniversary Lecture 2019

Australian made, foreign ingredients and "the ever-present threat of burp-back" by Joanna Lawrence and Tim Rankin of Ashurst - considers Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936

Burning out procedural fairness : gross misconduct and unfair dismissal by Erin Kidd of McCabe Curwood - considers Jackson Macumber v Ace Bottle Printers Pty Ltd [2019] FWC 2059

Exclusive jurisdiction clauses in lawyer's terms of engagement by Geoff Farnsworth of Holding Redlich - considers Watson Farley & Williams (Thailand) Ltd v Briton [2018] NSWLC 8

Judicial review – proper, genuine and realistic consideration by Scott Couper and Judith Hishon of Gadens - considers Stambe v Minister for Health [2019] FCA 43 and Stambe v Minister for Health (No 2) [2019] FCA 479

Law Pod UK Ep 80 : HRLA discuss Northern Ireland, human rights and Brexit - panel discussion on the human rights implications of Brexit on Northern Ireland, with Professor Christine Bell, Caoilfhionn Gallagher QC, Professor Ronan McCrea and Lord Kerr

Law Report (ABC) for 28 May presented by Damien Carrick - VLRC considers contempt of court laws and Independent candidate Oliver Yates to take Liberal Party to court over 2019 election signage

Loot boxes in online games – should they be regulated as a form of gambling? by Andrew Hii and Catherine Gamble of Gilbert + Tobin - examines issues related to loot boxes in online games

Native Title gets a boost (a very small one) from the High Court by Georgia McGrath of Marque Lawyers in New Matilda - considers Tjungarrayi v Western Australia [2019] HCA 12

New and updated NSW Bills

Fri May 31 2019
In progress

Ageing and Disability Commissioner Bill 2019 - in Legislative Council, referred to committee for inquiry and report, 30 May 2019

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 28 May 2019

Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2019 - in Legislative second reading, referred to committee for inquiry and report, 30 May 2019

Fair Trading Amendment (Cash Loan Machines) Bill 2019 - in Legislative Assembly, second reading debate, 30 May 2019

Industrial Relations Amendment (Contracts of Carriage) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 30 May 2019

Library Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 29 May 2019

Liquor Legislation Amendment (Repeal of Inner-City Sydney Lock-out Laws) Bill 2019 - in Legislative Council, second reading debate in progress, 30 May 2019

Public Finance and Audit Amendment (Northern Beaches Hospital) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 30 May 2019

Notice of motion

Crown Land Management Amendment (Reservation and Vesting of Crown Land) Bill 2019 - Legislative Council notice of motion, 28 May 2019

Fishing Legislation Amendment (Right to Fish) Bill 2019 - Legislative Council notice of motion, 28 May 2019

Independent Commission Against Corruption Amendment (Nullification of Findings) Bill 2019 - Legislative Council notice of motion, 28 May 2019

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2019 - Legislative Council notice of motion, 28 May 2019

Murray-Darling Basin Commission of Inquiry Bill 2019 - Legislative Council notice of motion, 28 May 2019

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - Legislative Assembly notice of motion, 29 May 2019

Real Estate Services Council Bill 2019 - Legislative Council notice of motion, 28 May 2019

Wellbeing Indicators Bill 2019 - Legislative Council notice of motion, 30 May 2019

To be reported

Statute Law (Miscellaneous Provisions) Bill 2019 - in Legislative Council, to be reported, 30 May 2019

Withdrawn

Independent Commission Against Corruption Amendment (Nullification of Findings) Bill 2019 - notice of motion withdrawn, 28 May 2019

Mining Amendment (Compensation for Cancellation of Certain Exploration Licences) Bill 2019 - notice of motion withdrawn, 28 May 2019

News

Fri May 31 2019

New judgments

Fri May 31 2019

Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd [2019] FCA 797 - consumer law, admitted contraventions of sections 18 and 29(1)(m) of the Australian Consumer Law

Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd (Remedies) [2019] FCA 786 - competition, collusive arrangement

Australasian Performing Right Association Ltd v Telstra Corporation Limited [2019] FCA 751 - copyright, "where online locations facilitated 'ripping' of soundtracks embedded in YouTube music videos"

New law reports

Fri May 31 2019

Federal Court reports, Volume 261(2), May 2019 - in this issue : Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia / BVE16 v Minister for Immigration and Border Protection / Nyoni v Murphy / Starkey v South Australia

South Australian state reports, Volume 132(1), May 2019 - in this issue : D-P v Minister for Child Protection / El-Shafei v Shahin / Nanosecond Corporation Pty Ltd v Glen Carron Pty Ltd / R v Partington / R v Ross / R v Singh / R v Van Wyk / Shahin v El-Shafei

Western Australian reports, Volume 53(5), May 2019 - in this issue : G v O / Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed)

New journals

Fri May 31 2019

Australian law journal, Volume 95(5), May 2019 - in this issue : Current issues Justice Francois Kunc (ed) The case for adopting the Uluru Statement on its second anniversary - a guest contribution by Arthur Moses SC, President of the Law Council of Australia Arthur Moses SC, The curated page Alexie Glass-Kantor / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Developments in options Robert Angyal SC / Environmental law Justice Rachel Pepper (ed) New South Wales, Queensland, South Australia, Tasmania, Victoria, Western Australia Justice Rachel Pepper / Corporations and securities Jason Harris (ed) Corporate law lessons from the Banking Royal Commission Jason Harris / Statutory interpretation The Hon John Basten (ed) Legislative intention The Hon John Basten / Around the nation : Australian Capital Territory Justice David Mossop (ed) New ACT Supreme Court building Justice David Mossop / Around the nation : Northern Territory Hon Dean Mildren AM RFD QC (ed) Lawyering the territory Hon Dean Mildren AM RFD QC / Courts as (living) institutions and workplaces Chief Justice James Allsop / Law reform - future directions The Hon Justice S C Derrington / Law schools and the burden of bureaucracy : release the yoke (a plea from the coalface). Part 1 : over-regulation in Australia Olivia Rundle and Lynden Griggs / The animal as a chattel? Conferring equitable rights on non-human animals Scott Wotherspoon

Cambridge law journal, Volume 78(1), March 2019 - in this issue : Understanding the minimum wage : political economy and legal form Zoe Adams / The public figure doctrine and the right to privacy Kirsty Hughes / Understanding agency : a proxy power definition Rachel Leow / Towards a taxonomy for public and common property Christopher Rodgers / The "legitimate interest in performance" in the law on penalties Solene Rowan / Constitutional rights, civility and artifice Nigel Simmonds / Identification of special mission immunity and the reception of customary international law into English law - R (Freedom and Justice Party) v Secretary of State for Foreign and Commonwealth Affairs Andrew Sanger / Proportionality at common law : another false dawn - Browne v Parole Board of England and Wales C J S Knight / Reviewing a parole board decision to release - R (DSD and NBV & Ors) v The Parole Board of England and Wales & Ors and John Radford Gavin Dingwall / When will I get out? - R (Stott) v Secretary of State for Justice Nicola Padfield / Novelty in negligence : policy reasoning survives - James-Bowen v Metropolitan Police Commissioner Jonathan Morgan / Second degree Byrne - banca Nazionale de Lavoro v Playboy Club London Tom Foxton / Clearing the ground - nuisance, damage and Japanese knotweed - Network Rail Infrastructure Ltd v Williams and Waistell David Howarth / Further narrowing the scope of unjust enrichment - Prudential Assurance Co Ltd v revenue and Customs Commissioners William Day / A bonfire of religious liberties? - Case C-414/16 Egenberger ECLI:EU:C:2018:257 Martin Steinfeld / EU fundamental rights and their enforcement - Cases C-569/16 and C-570/16 Bauer et al ECLI:EU:C:2018:871 Emilija Leinarte / The right to revoke an EU withdrawal notification : putting the bullet back in the Article 50 chamber - Secretary of State for Exiting the European Union EU:C:2018:999 Kenneth A Armstrong / The state of divorce law - Owens v Owens Sarah Trotter

LSJ, Issue 56, June 2019 - in this issue : Study reveals disturbing rates of bullying and harassment Kate Allman / Six minutes with Mitch Kowalski, Barrister, Solicitor, Author and Professor in Legal Innovation Kate Allman / Experts examine 'seismic shifts' proposed to family law system / Lawyers face cyber risk as property settlements move online / Is Australia next in line for an opioid class action? Kate Allman / Taking on the trauma Amy Dale / Strategic justice Melissa Coade / Building diversity in the legal profession Sam McKeith / In the zone Angela Tufvesson / A day in the life of... Anthony Lo Surdo SC, Sports Lawyer, Arbitrator and Mediator / Class act Melissa Coade / Sunny side up Melissa Coade / How to train for your first marathon Ben Lucas / The case that changed me - Christopher Sutton, Special Counsel, Shine Lawyers Melissa Coade / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Is this the future of family law? Overview of the ALRC report Dr Felicity Bell / Family arbitration : what is it and how to use it Judge Joe Harman / NSW stamp duty exemption now available in family law arbitration Antonella Sanderson / High Court clarifies when arbitration clauses keep dispute confidential Crispian Lynch, Colleen Platford, Edward Martin, Vincent Giang and Kai Luck / Repeal of IP exemption sees companies racing to review contracts Belinda Breakspear, Jake Grant, Paul McLachlan and Hannah Fas / Freedom of speech in a master/servant relationship Jack de Flamingh / Update on the District Court's commercial jurisdiction Patrick Wiggins and Sebastian Brodowski / Better business management for sustainable practice Glenda Carry / Tips for finalising estate matters Jen McMillan / Growing public awareness of animal cruelty leads to stronger protections Giulia Prosperi-Porta and Rishika Pai / Protecting client confidentiality in the digital era Simone Herbert Lowe / It's the final countdown : econveyancing reaches final milestones Richard Harvey and Gabrielle Lea / 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 / Wills and estates Darryl Browne

University of Tasmania law review, Volume 37(1), 2018 - in this issue : Termination for convenience, the doctrine of executive necessity and government contracting : implications for Commonwealth agencies such as defence Mark Giansacpro / Parenting in the aftermath of abduction : comparative insights into the formulation of parenting arrangements post-return to Australia under the Hague Child Abduction Convention Danielle Bozin / Improved security of payment legislation and project bank accounts : a joint solution to payment and insolvency issues in the construction industry? Kyle Bowyer

University of Tasmania law review, Volume 37(2), 2018 - in this issue : Imagining different futures through the courts : a social movement assessment of existing and potential new approaches to climate change litigation in Australia Danny Noonan / Justice and climate transitions Jeremy Moss and Robyn Kath / Ecocide and the carbon crimes of the powerful Rob White / Individual moral duties amidst climate injustice : imagining a sustainable future Steve Vanderheiden / Lawfare, standing and environmental discourse : a phronetic analysis Brendon Murphy and Jeffrey McGee / Climat, culture and music : coping in the anthropocene Simon Kerr

Interesting articles and podcasts

Fri May 24 2019

A bank can be in contempt of court for breaching the terms of a freezing order by Simon Crawford and Laura Limone of HWL Ebsworth - examines whether a bank can be in contempt of court for breaching the terms of a freezing order

Disaster in the Murray Darling Basin : explanations and consequences, discussion chaired by Professor Rosemary Lyster with speakers Professor Richard Kingsford, Dr Emma Carmody and Professor Sarah Wheeler - considers the Murray Darling Basin

The duty of care in relation to adjoining land - papers by Ian Roberts SC and Richard Cheney SC of Greenway Chambers - see The duty of care in relation to adjoining land : a practical guide to obtaining interim relief by Ian Roberts SC and The duty of care in relation to adjoining land : section 177 Conveyancing Act 1919 by Richard Cheney SC

Economic duress – what it is, and what it is not by Kimberley Arden and Judith Hishon of Gadens - examines economic duress

Law Pod UK Ep 79 : Causation in inquests - Christopher Mellor - host Emma-Louise Fenelon discusses causation in inquests and R(Chidlow) v HMS Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin) with Christopher Mellor

Law Report (ABC) for 21 May presented by Damien Carrick - Sacked timber worker who refused fingerprint clock-on wins landmark unfair dismissal case

New law reports

Fri May 24 2019

Commonwealth law reports, Volume 262(4), May 2019 - in this issue : ALDI Foods Pty Ltd v Shop, Distributive and Allied Employees Association / Forest and Forest Pty Ltd v Wilson / Irwin v The Queen / Pike v Tighe / Transport Accident Commission v Katanas / Van Beelen v The Queen

District Court law reports (NSW), Volume 27(4), May 2019 - in this issue : AIMT Holdings Pty Ltd t/as New Era Balustrades v Amalgamated Holdings Ltd / Mansfield Corporation Pty Ltd v Chengcheng (Aust) Enterprise Melbourne Pty Ltd / Morgan v Nominal Defendant / Parnell v Harbour Radio Pty Ltd / Prasdad v Woolworths Ltd (No 2) / R v Derley / R v Williams / Sapphire Suite Pty Ltd v Bellini Lounge Pty Ltd / Smith v Skinner

New journals

Fri May 24 2019

Restitution law review, Volume 26, 2018 - in this issue : Restitutionary relief in competition law class actions : an evolving landscape Professor Rachael Mulheron / Justifying the Woolwich principle : an exploration of the normative boundaries of unjust enrichment and corrective justice Samuel Walpole / Restitutions for wrongs : one step forwards, two steps back? (Morris-Garner v One Step) William Day / Asia Pacific Man Yip / Australia Professor Kit Barker and Samuel Walpole / Canada Professor Mitchell McInnes / England and Wales Professor Gerard McMeel / European Union Professor Alison Jones / Ireland Dr David Capper / New Zealand Professor Peter Watts QC / Scotland Professor Robin Evans-Jones / South Africa Professor Helen Scott / USA Professor Mark Gergen

New journals

Fri May 17 2019

Modern law review, Volume 82(3), May 2019 - in this issue : Government companies as regulators Terence Daintith / The rule of law and automation of government decision-making Monika Zalnieriute, Lyria Bennett-Moses and George Williams / Fiduciary duty under the microscope : stewardship and the spectrum of pension fund engagement Anna Tilba and Arad Reisberg / The UK Domestic Gas Electricity (Tariff Cap) Act : re-regulation the retail energy market Maria Ioannidou and Despoina Mantzari / The Georgia State litigation : literal copying in education Emily Hudson / Standing and the Northern Ireland Human Rights Commission Jane M Rooney / There is no such thing as a safe space Richard Mullender

Interesting articles and podcasts

Fri May 17 2019

Corporations and cooperation – playing nice with regulators by Scarlet Reid, Jason Munstermann, Chris Nielsen, Nathan Roberts and Emily Rayner of McCullough Robertson - considers Fair Work Ombudsman v Transpetrol TM AS (No 2) [2019] FCA 608

High Court of Australia affirms liberal pro-arbitration approach and the importance of arbitration in confidential disputes by Liam Prescott, Richard Edwards, Gitanjali Bajaj, Gowri Kangeson and Ella Zauner of DLA Piper - considers Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors (S143/2018); Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity and as trustee of the Hope Margaret Hancock Trust and as trustee of the HFMF Trust) & Ors [2019] HCA 13

Historical IP protection repealed : uncertainty for (some) commercial IP arrangements by Luke Dale and Stephanie Leong of HWL Ebsworth - considers the Treasury Laws Amendment (2018 Measures No 5) Act 2019 (Cth)

Law Pod UK Ep 78 : Paying artists in the age of the internet - Andrew Lewis - host Rosalind English and music lawyer Andrew Lewis discuss the new copyright proposals

Law Report (ABC) for 14 May presented by Damien Carrick - Social media influencer wins case against client after verbal contract breaks down and Elderly yachty succeeds in overturning appointment of guardian

Mental health and an inability to do the job – what is a reasonable adjustment? by Meredith Kennedy of Maddocks - considers Tropoulos v Journey Lawyers Pty Ltd [2019] FCA 436

The risks of discontinuing : a look at the High Court’s decision in UBS v Tyne by Guy Edgecombe and Mitchell Byram of Gadens - considers UBS AG v Tyne [2018] HCA 45

New law reports

Fri May 17 2019

Federal Court reports, Volume 260(4), May 2019 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) / Australian Information Commissioner v Elstone Pty Ltd / DBB16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v BHA17 / Immigration and Border Protection, Minister for v CLV16 / Ramsay v Menso

Federal Court reports, Volume 261(1), May 2019 - in this issue : Ashraf v Minister for Immigration and Border Protection / Azar v Minister for Immigration and Border Protection / BVD17 v Minister for Immigration and Border Protection / Regis Aged Care Pty Ltd v Secretary, Department of Health / Republic of Italy v Benvenuto / XXVII v Commonwealth

New South Wales law reports, Volume 97(5), May 2019 - in this issue : AB (a pseudonym) v R (No 3) / Barber v De Prima / Chen v R / Elliott v Minister Administering Fisheries Management Act 1994 / Elzahed v State of New South Wales / Estate Jerrard, Deceased, Re / King v Muriniti / Kostov v Nationwide News Pty Ltd / Local Government, Minister for v Blue Mountains City Council / Mal Owen Consulting Pty Ltd v Ashcroft / R v AB (No 1) / R v AB (No 2)

State reports (Western Australia), Volume 96(5), May 2019 - in this issue : Crugnale v Commissioner of State Revenue / Giovannangelo v Owners, College Park Survey Strata Plan 62783 / Medical Board of Australia v Lal

Interesting articles and podcasts

Fri May 10 2019

New NSW Bills

Fri May 10 2019
Notices of Motion

Ageing and Disability Commissioner Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 8 May 2019

Anti-Discrimination Amendment (Removal of Exemptions and Other Reforms) Bill 2019 - Legislative Assembly notice of motion, 8 May 2019

Cemeteries and Crematoria Amendment (Abolition of Renewable Interment) Bill 2019 - Legislative Assembly notice of motion, 8 May 2019

Children and Adoption Legislation Amendment (Reversal) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Climate Change Emergency Bill 2019 - Legislative Council notice of motion, 8 May 2019

Crimes Amendment (Possession or Discharge of Firearms in Commission of Offences) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Fair Trading Amendment (Cash Loan Machines) Bill 2019 - Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 9 May 2019

Food Amendment (Seafood Country of Origin Labelling) Bill 2019 - Legislative Assembly notice of motion, 9 May 2019

Independent Commission Against Corruption Amendment (Nullification of Findings) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Law of Evidence Bill 2019 - Legislative Council, not proceeded with, 7 May 2019

Law of Evidence Bill 2019 - Legislative Assembly, not proceeded with, 7 May 2019

Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Mining Amendment (Compensation for Cancellation of Certain Exploration Licences) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Parliamentary Budget Officer Amendment Bill 2019 - Legislative Assembly notice of motion, 8 May 2019

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - Legislative Council notice of motion, 7 May 2019

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Public Finance and Audit Amendment (Northern Beaches Hospital) Bill 2019 - Legislative Council notice of motion, 8 May 2019

Statute Law (Miscellaneous Provisions) Bill 2019 - Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 9 May 2019

Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 - Legislative Council notice of motion, 7 May 2019

News

Fri May 10 2019

New judgments

Fri May 10 2019

Cleary v Chief Executive of the Office of Environment and Heritage [2019] NSWLEC 1204 - Aboriginal heritage impact permit

Davies v Lazer Safe Pty Ltd [2019] FCAFC 65 - patents, construction of claim

Fenech v R [2019] NSWCCA 95 - criminal law, jury misconduct, "jury members made inquiries about trial matters and failed to disclose conduct"

Lee v Superior Wood Pty Ltd [2019] FWCFB 2946 - unfair dismissal, mandatory participation in fingerprint scanning was not reasonable

Parkes Shire Council v South West Helicopters Pty Limited [2019] HCA 14 - aviation accident, carrier's liability

Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors (S143/2018); Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity and as trustee of the Hope Margaret Hancock Trust and as trustee of the HFMF Trust) & Ors [2019] HCA 13 - contract, arbitration, arbitral clauses in deeds

New journals

Fri May 10 2019

Australian law journal, Volume 93(4), April 2019 - in this issue : Current issues Justice Francois Kunc (ed) - A tale of three cases, Western Australia joins national scheme, Cultural change in the legal profession, Judicial bulling in the United Kingdom, A simultaneous but not joint historic sitting Francois Kunc, The curated page Alexie Glass Cantor / Letter to the editor Angus Stewart SC / Response (to letter to the editor) Dr Damien J Cremean / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) - Discrimination law and strata schemes Cathy Sherry, Playing around with easements Professor Martin Dixon / Constitutional law Anne Twomey (ed) - The Queen's letters Anne Twomey / Class actions Justice Michael B J Lee (ed) The conundrum of competing class actions and the efficiency question Michael Duffy / Recent cases Ruth C A Higgins SC - Criminal practice - trial - summing up - where appellant convicted of drug-related offences - where trial judge made comments on evidence that went beyond arguments advanced by prosecution - whether comments resulted in miscarriage of justice - McKell v The Queen (2019) 93 ALJR 309; [2019] HCA 5 Ruth C A Higgins, Private international law - application for leave to appeal against decision refusing to set aside order for service of originating application out of jurisdiction on foreign shareholder under Federal Court Rules 2011 (Cth) r 10.43 - Tiger Yacht Management Ltd v Morris [2019] FCAFC 8 Michael Douglas / Personalia Emily Vale (ed) - New South Wales - Justice Kelly Rees, Victoria - Justice Steven Moore, Justice Lesley Taylor, Justice Andrew Tinney Emily Vale, New Zealand - Chief Justice Dame Sian Elias, Justice Helen Winkelmann Hon Justice David Collins / Reforming the Australian law of contract - some practical next steps John Eldridge / Internment of terrorism suspects and the Australian constitution Anthony Gray / The internationalisation of Australian criminal lawyers : 25 years of Australians in The Hague Sarah Pitney

Criminal law review, Issue 5, May 2019 - in this issue : A suite of parole reviews Nicola Padfield / Evaluating 30 years of the unduly lenient sentence scheme : Attorney General's references 1988-2017 Lyndon Harris / The timing of consent Paul Jarvis / Youths who kill - when is homicide not homicide? Gareth Branston / Case notes - Abandonment of appeal : R v Furniss (Michael), Compensation orders : R v York (Margaret Mary), Pre-recorded cross-examination (YJCEA 1999 s 28); R v PMH / Adjournment - R (on the application of Rathor) v Southhampton Magistrates' Court / Bladed article - R v D / Child witness - R v RK / Entrapment - R v Syed (Haroon) / Possession of pornographic material - R v Okoro (No 3) / Sentencing - R v Wade (Daniel James), R v Whyte (Graham Patrick), R v A / Trial - R v Sothilingham (Prashad)

Law Institute journal, Volume 93(5), May 2019 - in this issue : Governing for the times Stuart Webb / Attorney-General calls for transparency Carolyn Ford / Group effort saves lives Karin Derkley / LIV launches new strategic plan / Time to rethink conveyancing Justin Toohey / Section 32 statements : the basics Heather Hibberd and Phillip Nolan / Taxing times in conveyancing Heather Hibberd and Phillip Nolan / The perils of pre-contract advice Stephen Bubb / How to avoid the traps Caroline Dew / Off the plan : managing the risks Matthew Rose / E-conveyancing can be e-fficient Heather Hibberd / The value of conveyancing Heather Hibberd / When the stake is at stake Hilary Stokes / Road blocks on the path to settlement Simon Libbis and Dan Prior / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Legacy of compassion (The Hon Philip Cummins) VLRC / Nomination and the ACL Russell Cocks / Addressing sexual harassment Fiona McLeay / Taking the elderly into account Faith Hawthorne and Stephanie Tonkin / Contract probe Peter Moran / Be willing to give advice Kim Carter / Modern slavery : an uncomfortable truth Naomi Hickey-Humble and Vanessa Shambrook / Quick on the draw Carolyn Ford / Break out of the loop Virginia Warren / The drama of law Karin Derkley

Sydney law review, Volume 41(1), March 2019 - in this issue : Inside and outside global law Hans Lindahl / Litigants and legal representatives : a study of special leave applications in the High Court of Australia Pam Stewart and Anita Stuhmcke / The principle of legality : protecting statutory rights from statutory infringement? Bruce Chen / An empirical investigation of 20 years of trade mark infringement litigation in Australian courts Vicki T Huang / Comcare v Banerji : public servants and political communication Kieran Pender

New judgments

Fri May 03 2019

Clark v NSW Trustee and Guardian [2019] NSWCATAD 73 - meaning of "excluded information" in the Government Information (Public Access) Act 2009 (NSW)

Ekermawi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 79 - human rights, racial vilification, meaning of "public act", 'Exercise Pantograph'

Hutchinson v State of New South Wales [2019] NSWCA 91 - police powers and duties, power to prevent persons entering onto closed road, power to arrest

Jason Mackey v Hunter Valley Gardens Pty Ltd [2019] NSWDC 150 - contributory negligence, slip and fall on wet pavings

Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 593 - contracts, whether the first applicant or the respondent owns the "Peanut Butter Trade Dress"

Squire v Squire [2019] NSWCA 90 - deceased’s will left entire estate to respondent, they separated shortly before deceased’s death, the deceased proposed to make a new will in light of separation, the deceased and respondent contracted to sell jointly held property and divide proceeds equally, whether deceased and respondent effected final financial settlement following separation

Interesting articles, speeches and podcasts

Fri May 03 2019

Commercial drone delivery takes flight by Andrew Hii, Catherine Gamble and Jen Bradley of Gilbert + Tobin - the world’s first commercial drone delivery service took flight in Canberra in April after the Civil Aviation Safety Authority approved Wing Aviation's drone delivery plans

A failure to remove a cable causing trip or a failure in admission of opinion evidence causing slip? by Andrew Howard of McCabe Curwood - examines Hawkesbury Sports Council v Martin [2019] NSWCA 76

High Court to decide groundbreaking privilege case by Scarlet Reid, Jason Munstermann, Chris Nielsen, Nathan Roberts and Emily Rayner of McCullough Robertson - examines the proceedings in Glencore International AG & Ors v Commissioner of Taxation of the Commonwealth of Australia & Ors (S256/2018) which seek to "resolve a long-standing controversy over whether the law of legal professional privilege operates merely defensively as a means of resisting compulsory production, or if it also provides a positive right entitling the holder of the privilege to a remedy, such as an injunction restraining the use of privileged material"

Law Report (ABC) for 30 April presented by Damien Carrick - Compensation for wrongful convictions

LawPod UK Ep 77 : Anonymity for claimants, anonymity for doctors - Emma-Louise Fenelon talks to Rajkiran Barhey about two recent UK High Court decisions on anonymity

Religious dress by Lady Hale, President of the Supreme Court UK - examines legal issues related to religious dress

Review of recent aviation decisions by Tom Brennan of Thirteen Wentworth Selborne - examines Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2, Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25 and South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312