The Library Bulletin

Environment Protection Authority v Crown in the Right of New South Wales [2019] NSWLEC 178 - environmental offence, pollution of waters

Hanson-Young v Leyonhjelm (No 4) [2019] FCA 1981 - defamation

Patel v Casey [2019] NSWCA 285 - torts, damages, motor vehicle accident

Rapisarda v Commissioner of Police; Housego v Commissioner of Police; Sheehy v Commissioner of Police; McDonald v Commissioner of Police [2019] NSWCATAD 242 - human rights, discrimination, sexual orientation

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657 - representative action, "property damage arising out of widespread urban flooding from Brisbane River escaping its banks in January 2011"

Federal Court reports, Volume 265(3), November 2019 - in this issue : A v Minister for Immigration, Citizenship and Multicultural Affairs / Caason Investments Pty Ltd v International Litigation Partners No 3 Ltd / Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (No 2) / Moana v Minister for Immigration and Border Protection / Nguyen v Federal Commissioner of Taxation / Qantas Airways Ltd v Ardlie / Singh v Minister for Immigration and Border Protection / SZMOX v Minister for Immigration and Border Protection

Western Australian reports, Volume 54(4), November 2019 - in this issue : Banning and Another v Lean (No 3) / SBJ v Western Australia

Proclaimed

Transport Administration Amendment (RMS Dissolution) Act 2019 No 19 - 1 December 2019 appointed as the day on which the Act commences.

Assented to

Better Regulation Legislation Amendment Act 2019 - assented to 26.11.2019. Date of commencement, Sch 1.4, 1.8[1]–[4] and 1.10[1] and [9] excepted, assent, sec 2(1); date of commencement of Sch 1.4, 1.8[1]–[4] and 1.10[1] and [9]: not in force.

Electoral Funding Amendment (Cash Donations) Act 2019 - assented to 26.11.2019. Date of commencement: not in force.

Gambling Legislation Amendment (Online and Other Betting) Act 2019 - assented to 26.11.2019. Date of commencement, on assent, sec 2.

Road Transport Amendment (Miscellaneous) Act 2019 - assented to 26.11.2019. Date of commencement, Sch 2 excepted, assent, sec 2(1); date of commencement of Sch 2, 13.12.2019, sec 2(2).

Civil penalty applications and the privilege against penalty by Ian Latham of Denman Chambers - examines civil penalty applications

Conversations (ABC) with Sarah Kanowski - The honourable fight : 16 years as Director of Public Prosecutions NSW - conversation with Nicholas Cowdery

Easements : knowing when to fight and when to surrender by Sydney Jacobs of 13 Wentworth - an update on easements

Law Report (ABC) for 26 November presented by Damien Carrick - How Australia, Canada assess asylum seekers' claims for refugee status

Media freedoms - striking a balance by Arthur Moses SC at the Media and Communications Seminar in Sydney - examines media freedoms

"Something more, something less" : the contemporary meaning of open justice by T F Bathurst AC at the Communications and Media Law Association - examines open justice

Suitability vs capability – is there a difference? by Andrew Gorman of McCabe Curwood - considers NRMA v Gurbuz Aslan [2019] NSWSC 1587

The wait is over : Equator Principles 4 is here by Phillip Cornwell and Jo Ye of Allens Linklaters - examines the 4th version of the Equator Principles

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

ABC launches SecureDrop for whistleblowers to securely and anonymously contact journalists by Craig McMurtrie on ABC News

Age discrimination commissioner calls for uniform power of attorney laws across Australia to help stop elder abuse by Matthew Doran on ABC News

'Are we now a totalitarian state?' : case of Canberra's mystery prisoner alarms judge by Christopher Knaus on The Guardian

Australia's 'unworkable' defamation laws : what the government's changes could mean by Josh Taylor and Paul Karp on The Guardian

An awesome appellate benchslap calling out sexism in the legal profession by Staci Zaretsky on Above The Law

German murderer has 'right to be forgotten' by internet, according to top court on ABC News

Government admits robodebt was unlawful as it settles legal challenge by Paul Karp on The Guardian

PM's phone call to police chief an inappropriate attempt to use position, former top judge says by Christopher Knaus on The Guardian

UTS academic faces court for allegedly harassing herself with threatening letters by Chris Hook on 7 News

Annotated Trade Marks Act 1995 (3rd ed) / Brian Elkington, Michael Hall and David Kell

Brooking on building contracts (6th ed) / Damian J Cremean, Michael H Whitten and Michael F Sharkey

Consumer protection law in Australia (3rd ed) / Alex Bruce

Hayes & Eburn criminal law and procedure in New South Wales (6th ed) / Roderick N Howie, Paul Sattler and Marissa Hood

Law of investments and financial markets (3rd ed) / Melissa Naylor

Nygh’s conflict of laws in Australia (10th ed) / Martin Davies, Andrew Bell, Paul Le Gay Brereton and Michael Douglas

Principles of international law (6th ed) / Stephen Hall

Statutory interpretation in Australia (9th ed) / D C Pearce

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

The library will be closed from 12pm today (21st December) and will reopen on Monday the 21st of January at 9am.

Between the 21st of January and 25th of January the library will be open from 9am to 5pm, normal opening hours (8.30 to 5.30) will resume on Tuesday 29th January 2019.

Allchin v R; Skepevski v R [2019] NSWCCA 278 - appeal, "sole ground that verdict was unreasonable or unsupportable on the evidence"

R v Robinson [2019] NSWDC 661 - mental health, person unfit to be tried

The academy and the courts : what do they mean to each other today? presented by Chief Justice Susan Kiefel AC at the Australian Academy of Law Patron's Address

ACCC v Google – a new cop on the privacy beat? by Melissa Fai, Mark Ferguson and Alexander Ryan of Gilbert + Tobin - the ACCC has filed a suit alleging that Google breached the Australian Consumer Law

Algorithms, artificial intelligence and the law presented by Lord Sales at the Sir Henry Brooke Lecture for BAILII, London

Are you in substantial breach of your contract? Unauthorised subcontracting and failing to appoint a superintendent by Scott Watson and Emma Costello of King and Wood Mallesons - considers Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270 and SHA Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd [2019] QCA 201

Law in Action (BBC) for 19 November presented by Joshua Rozenberg - What's it really like to be in prison?

Law Pod UK Episode 98 : AI : opportunity or threat? - considers use of artificial intelligence and algorithms in the legal profession

Law Report (ABC) for 19 November presented by Damien Carrick - High Court to decide Akon Guode infanticide, murder sentence anomaly

In progress

Design and Building Practitioners Bill 2019 - in Legislative Council, second reading, debate interrupted, 19 November 2019

Digital Restart Fund Bill 2019 - in Legislative Council, to be reported, 21 November 2019

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 21 November 2019

Professional Engineers Registration Bill 2019 - in Legislative Assembly, referred to Legislative Assembly Committee on Environment and Planning, 21 November 2019

Road Transport Amendment (Mobile Phone Detection) Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 20 November 2019

Water (Commonwealth Powers) Amendment (Termination of References) Bill 2019 - in Legislative Assembly, second reading speech, debate interrupted, 21 November 2019

Notices of motion

Bush Fires (Protection of Property) Bill 2019 - in Legislative Council, notice of motion, 19 November 2019

Awaiting assent

Better Regulation Legislation Amendment Bill 2019 - awaiting assent, 20 November 2019

Children's Guardian Bill 2019 - awaiting assent, 21 November 2019

Electoral Funding Amendment (Cash Donations) Bill 2019 - awaiting assent, 19 November 2019

Gambling Legislation Amendment (Online and Other Betting) Bill 2019 - awaiting assent, 20 November 2019

Justice Legislation Amendment Bill (No 2) 2019 - awaiting assent, 20 November 2019

Road Transport Amendment (Miscellaneous) Bill 2019 - awaiting assent, 20 November 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - awaiting assent, 20 November 2019

District Court law reports (NSW), Volume 29(2), November 2019 - in this issue : Badri v Harbour Radio Pty Ltd / Burns v Gaynor / Dib v Diab (No 3) / Hang v Nguy (No 2) / Hawchar (by her next friend Dib) v Diab (No 3) / Lynch v Cavallo / R v Munro / R v Murray / Something Nice Foods Pty Ltd v Bidfood Australia Ltd t/as Classic Meats Sydney / Stratton v New South Wales

Federal Court reports, Volume 265(1), November 2019 - in this issue : Broadspectrum (Australia) Pty Ltd v United Voice / CED16 v Minister for Immigration and Border Protection / DFE16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v Aulakh / Manado v Western Australia / Westpac Banking Corporation v Lenthall / Wileypark Pty Ltd v AMP Ltd

Federal Court reports, Volume 265(2), November 2019 - in this issue : Altintas v O'Dea Lawyers / Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) / Liem v Republic of Indonesia / Luck v University of Southern Queensland / Stowers v Minister for Immigration and Border Protection / Zetta Jet Pte Ltd v Ship Dragon Pearl (No 2)

State reports (Western Australia), Volume 97(5-6), November 2019 - in this issue : Two Rocks Investments Pty Ltd v Western Australian Planning Commission

Western Australian reports, Volume 54(3), November 2019 - in this issue : Child Protection and Family Support, Chief Executive Officer, Department for v IGR / Police, Commissioner of v Ferguson

University of New South Wales law journal, Volume 42(4), 2019 - in this issue : Editorial Shivika Gupta / Limitations of Australia's legal hardship protections for women with debt problems caused by economic abuse Evgenia Bourova, Ian Ramsay and Paul Ali / Breaking backs and boiling frogs : warnings from a dialogue between Federal water law and environmental law Rebecca Nelson / What happens when books enter the public domain? Testing copyright's underuse hypothesis across Australia, New Zealand, the United States and Canada Jacob Flynn, Rebecca Giblin and Francois Petitjean / Unravelling redress for institutional abuse of children in Australia Kathleen Daly and Juliet Davis / The participation of indigenous Australians in legal education, 2001-18 Harry Hobbs and George Williams / Retaining the Royal prerogative of mercy in New South Wales Catherine Greentree / Mature minors and parenting disputes in Australia : engaging with the debate on best interests v autonomy Lisa Young / Children's competence to testify in Australian courts : implementing the Royal commission recommendation Sonja P Brubacher, Natalie Hodgson, Jane Goodman-Delahunty, Martine B Powell and Nina Westera / To COMMIT is just the beginning : applying therapeutic jurisprudence reform parole in Australia Max Henshaw, Lorana Bartels and Anthony Hopkins / The High Court on constitutional law : the 2018 statistics Andrew Lynch and George Williams / The ingredients of success for effective restorative justice conferencing in an environmental offending context Hadeel Al-Alosi and Mark Hamilton

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In progress

Children's Guardian Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 13 November 2019

Design and Building Practitioners Bill 2019 - in Legislative Council, awaiting second reading debate, 14 November 2019

Electoral Funding Amendment (Cash Donations) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 14 November 2019

Fishing Legislation Amendment (Right to Fish) Bill 2019 - in Legislative Council, second reading, debate adjourned 5 calendar days, 14 November 2019

Government Information (Public Access) Amendment (Electronic Applications) Bill 2019 - in Legislative Assembly, second reading negatived on division, 14 November 2019

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 November 2019

Industrial Relations Amendment (Contracts of Carriage) Bill 2019 - in Legislative Assembly, to be reported, 14 November 2019

Pill Testing Bill 2019 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 14 November 2019

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 November 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 12 November 2019

Work Health and Safety Amendment (Review) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 12 November 2019

Notices of motion

Civil Remedies for Serious Invasions of Privacy Bill 2019 - in Legislative Assembly, notice of motion, 14 November 2019

Waste Avoidance and Resource Recovery Amendment (Plastics Reduction) Bill 2019 - in Legislative Council, notice of motion, 12 November 2019

Awaiting assent

Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019 - awaiting assent, 13 November 2019

Fines Amendment Bill 2019 - awaiting assent, 13 November 2019

Music Festivals Bill 2019 - awaiting assent, 14 November 2019

Right to Farm Bill 2019 - awaiting assent, 13 November 2019

Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 - awaiting assent, 13 November 2019

Water Supply (Critical Needs) Bill 2019 - awaiting assent, 14 November 2019

NSW anti-slavery act could be abandoned despite being voted into law by Ben Doherty on The Guardian

Susskind calls for global online court revolution by Neil Rose on LegalFutures

HT v The Queen [2019] HCA 40 - criminal practice, "where appellant provided assistance to law enforcement authorities"

Lordianto v Commissioner of the Australian Federal Police [2019] HCA 39 - criminal practice, money laundering, "cuckoo smurfing"

Law in Action (BBC) for 12 November presented by Joshua Rozenberg - Abusive parents

Law Report (ABC) for 12 November presented by Damien Carrick - The culture gap in the law

News : The Court proposes new rules about Aboriginal societies by Jeremy Gans on Opinions on High High Court Blog - considers Love v Commonwealth of Australia; Thoms v Commonwealth of Australia Case B43/2018

One Plus One : Jane Needham presented by Emma Alberici - interview with Jane Needham SC

Still unsure about Briginshaw? by Andrew Lacey of McCabe Curwood - considers The Estate of Shirley Gardner, Bernengo v Leaney [2019] NSWSC 1324

Commonwealth law reports, Volume 264(2), November 2019 - in this issue : Alford v Parliamentary Joint Committee on Corporations and Financial Services / Clone Pty Ltd v Players Pty Ltd (in liq) (receivers and managers appointed) / Craig v The Queen / McKell v The Queen / Minogue v Victoria / Plaintiff M174/2016 v Minister for Immigration and Border Protection

New South Wales law reports, Volume 99(2), November 2019 - in this issue : Brown v R / Cummings v Fairfax Digital Australia and New Zealand Pty Ltd; Cummings v Fairfax Media Publications Ltd / Dowling v Prothonotary of the Supreme Court of New South Wales / Ku-ring-gai Council v Ichor Constructions Pty Ltd / Roads and Maritime Services v United Petroleum Pty Ltd

Criminal law review, Issue 11, November 2019 - in this issue : Algorithms in the criminal justice system Nicola Padfield / The frailties of human memory and the accused's right to accurate procedures Andrew Roberts / Prosecution appeals and references - not enough of a good thing? Catarina Sjölin / Criminalising "the worst" part : operationalising the offence of coercive control in England and Wales Paul McGorrey and Marilyn McMahon / The M'Nagten Rules - a brief historical note Ronnie Mackay / Cases and comments - Costs : R (on the application of Hollloway) v Harrow Crown Court, Evidence : R v Moody (Macaulay), Homicide : R v Challen (Georgina), Institution of criminal proceedings : DPP v McFarlane, Prosecution : R (on the application of Torpey) v Director of Public Prosecutions, Sentencing : Attorney General's Reference (R v Bailey), R v Bennett (Liam David), DPP v Giles, Trial : R v Patten (Ralph)

Delivering dispute resolution : a holistic review of models in England and Wales / Christopher Hodges

Lewis and Buchan's clinical negligence (8th ed) / Andrew Buchan (ed)

Negligence liability of public authorities (2nd ed) / Duncan Fairgrieve and Dan Squires

The rights of indigenous peoples in marine areas / Stephen Allen, Nigel Bankes and Øyvind Ravna (eds)

Special advocates in the adversarial system / John Jackson

A judge's journey / John Dyson

Contractual penalties in Australia and the United Kingdom - history, theory and practice / Nicholas A Tiverios

Law's trials : the performance of legal institutions in the US 'War on Terror' / Richard L Abel

Minority shareholders : law, practice and procedure / Victor Joffe, David Drake, Giles Richardson, Daniel Lightman and Timothy Collingwood

The shapeshifting crown : locating the state in post-colonial New Zealand, Australia, Canada and the UK / Cris Shore and David V Williams (eds)

Shareholders' agreements (7th ed) / Sean FitzGerald and Geraldine Caulfield

Sir Frederick Jordan : fire under the frost / Keith Mason

Fennell v The Queen [2019] HCA 37 - murder, circumstantial evidence

Vella v Commissioner of Police (NSW) [2019] HCA 38 - Crimes (Serious Crime Prevention Orders) Act 2016 (NSW), institutional integrity of State courts

The Department of Communities and Justice is reviewing the Graffiti Control Act 2008 (NSW), see details here.

Submissions are welcome. The deadline for submissions is 15 December 2019.