The Library Bulletin

Beyond Punishment Seminar Series 2019 : Benefits of community based correctional orders - panel discussion with Dr Don Weatherburn, University of Sydney Law School and Mr Michael Spurr CB, chaired by Dr Marlee Bower, Sydney Medical School

The Building and Construction Industry Security of Payment Act : what to look for following the 2019 amendments by Frank Hicks of Greenway Chambers - examines amendments made by the Building and Construction Industry Security of Payment Amendment Act 2018 No 78

Law Pod UK Episode 93 : Taxation and human rights - Emma-Louise Fenelon and Isabel McArdle discuss some of the ways in which taxation and human rights overlap

Law Report (ABC) for 25 September presented by Damien Carrick - Neutral legal observers at protests and digital estates after death

Of shields and swords – let the jousting begin! by Justice Sarah Derrington at Freedom19 Conference - considers religious freedom legislation changes

Australia urged to follow UN advice and raise age of criminal responsibility by four years by Calla Wahlquist of The Guardian

Google wins landmark right to be forgotten case by Leo Kelion of BBC News

Cherry and others v Advocate General for Scotland [2019] UKSC 41 - the Supreme Court held that the decision of the Prime Minister, Boris Johnson, to prorogue Parliament was 'unlawful, void and of no effect' as it was a frustration of the constitutional principles of Parliamentary sovereignty and accountability

Google LLC, successor in law to Google Inc v Commission nationale de l'informatique et des libertés, Court of Justice of the European Union, Judgment in Case C-507/17 - "right to be forgotten"

Jack v Sigma Healthcare [2019] FWC 6364 - unfair dismissal

Blockchain and cryptocurrency : international legal and regulatory challenges / Dean Armstrong, Dan Hyde, Sam Thomas

Indigenous water rights in law and regulation : lessons from comparative experience / Elizabeth Jane Macpherson

Religious expression in the workplace and the contested role of law / Andrew Hambler

Selling rights (8th ed) / Lynette Owen

Vulnerable witnesses within family and criminal proceedings : protections, safeguards and sanctions / Frank Feehan and Caroline Harris

Australian law journal, Volume 93(9), September 2019 - in this issue : Current issues Justice Francois Kunc (ed) Religious freedom Francois Kunc, The curated page Alexie Glass-Kantor / The future of religious freedom Patrick Parkinson AM / Can Australian law better protect freedom of religion? Nicholas Aroney / Protecting religious freedom in a Human Rights Act Harry Hobbs and George Williams / Towards re-thinking "balancing" in the courts and the legislature's role in protecting religious liberty Joel Harrison / Evidence of absence in the Ruddock Report Jeremy Patrick / Religious schools and discrimination against staff on the basis of sexual orientation : lessons from European human rights jurisprudence Anja Hilkemeijer and Amy Maguire / Religious schools, religious vendors and refusing services after Ruddock : diversity or discrimination? Alex Deagon / Enforcing conformity : criminalising religiously inspired acts Michael Quinlan / The good of religion Joshua Neoh

University of New South Wales law journal, Volume 42(3), 2019 - in this issue : Editorial Anna Holtby / Foreword The Hon Justice James Edelman / The renewal of the old : Lionel Murphy's progressive-relational conception of property Paul Babie and Kyriaco Nikias / The increments of justice : exploring the outer reach of Akiba's edge towards native title 'ownership' Simon Young / Implications of climate change for western concepts of ownership : Australian case study Vanessa Johnston and Ben France-Hudson / Dismantling Doodeward : guided discretion as the superior basis for property rights in human biological material Kate Falconer / In support of tolerated use : rethinking harms, moral rights and remedies in Australian copyright law Kylie Pappalardo and James Meese / Property and the State or 'the folly of Torrens' : a comparative perspective Daniel Fitzpatrick, Caroline Compton and Joseph Foukona / No longer unregulated, but still controversial : home sharing and the sharing economy Callum Ritchie and Brendan Grigg / Jurisdictional error as conceptual totem Leighton McDonald / Drones and invasion of privacy : an international comparison of legal responses Des Butler / Unsystematic and unsettled : a map of the legal dimensions of workplace investigations in Australia Adriana Orifici / Family violence, cross-examination and self-represented parties in the courtroom : the differences, gaps and deficiencies Tracey Booth, Miranda Kaye and Jane Wangmann

University of Queensland law journal, Volume 38(1), 2019 - in this issue : Technology and the future of the court Chief Justice James Allsop AO / Australian class action settlement distribution scheme design - deciding who gets what Rebecca Gilsenan and Michael Legg / Fiduciary accessories Robert Flannigan / Sir Harry Gibbs and Papua New Guinea The Hon Justice James Douglas / Examining the legitimacy of police powers to search portable electronic devices in Queensland Matthew Raj and Russ Marshall / Australia's new espionage laws : another case of hyper-legislation and over-criminalisation Sarah Kendall / Faster, higher, stronger, upgraded : a conceptual basis for the future regulation of elite sport Daniel Goldsworthy

In progress

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 26 September

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2019 - in Legislative Assembly, to be reported, 26 September

Right to Farm Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 25 September

Road Transport Amendment (Mobile Phone Detection) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 September

Assented to

Justice Legislation Amendment Act 2019 - assented to 26.9.2019. Date of commencement, except Sch 1.4 [1] [2] and 1.14–1.16, assent, sec 2 (1); date of commencement of Sch 1.4 [1] and [2],1.15 and 1.16: not in force; date of commencement of Sch 1.14, 7.12.2019, sec 2(3)

Awaiting assent

Reproductive Health Care Reform Bill 2019 - awaiting assent, 26 September

Notices of motion

Crimes Legislation Amendment (Animal Enterprises) Bill 2019 - in Legislative Council, notice of motion, 25 September

Environmental Planning and Assessment Amendment (Mining) Bill 2019 - in Legislative Council, notice of motion, 25 September

Negatived

Non-profit Bodies (Freedom to Advocate) Bill 2019 - in Legislative Assembly, second reading negatived on division in the Legislative Assembly, 26 September

Federal Court reports, Volume 264(2), September 2019 - in this issue : BPF15 v Minister for Immigration and Border Protection / Helicopter Resources Pty Ltd v Commonwealth / Immigration and Border Protection, Minister for v CQW17 / Lowbeer v De Varda / Mensink v Parbery

State reports (Western Australia), Volume 97(2), September 2019 - in this issue : Blanco v Local Government Standards Panel / Elliott v Zemla Pty Ltd / Paterson v Owners, 27 Purdom Road Wembly Downs Survey-Strata Plan 30555 / Thayli Pty Ltd v Commissioner of Police

Australian Capital Territory law reports, Volume 14(1), September 2019 - in this issue : Council of Law Soicety (ACT) v LP 12 / Jennings v George Harcourt Management Pty Ltd / Public Prosecutions (ACT), Director of v DL / R v DU / R v UG

Commonwealth law reports, Volume 263(4), September 2019 - in this issue : Australian Marriage Equality Ltd v Cormann / Australian Workers' Union v Esso Australia Pty Ltd / Esso Australia Pty Ltd v Australian Workers' Union / Kakoschke-Moore, Re / Lambie, Re

District Court law reports, Volume 28(4), September 2019 - in this issue : Attalla v New South Wales / Bennie v Grace / Khalil v Nationwide News Pty Ltd (No 2) / R v Cantwell / R v Krishnan / Scott v Hunter New England Local Health District / Tavener v St Vincent's Hospital Sydney Ltd / Ventura v Higgins (No 2) / Young v Reece Australia Pty Ltd

Federal Court reports, 264(1), September 2019 - in this issue : Boensch v Pascoe / BUD17 v Minister for Home Affairs / CNY17 v Minister for Immigration and Border Protection / Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) / Cook v Australian Postal Corporation / Forster v Minister for Immigration and Border Protection / Hocking v Director-General of National Archives of Australia / Towle v Secretary, Department of Social Services

New South Wales law reports, Volume 98(4), September 2019 - in this issue : EB 9 & 10 Pty Ltd v The Owners Strata Plan 934 / Kostov v YPOL Pty Ltd / McFarland v Gertos / Mehmet v Carter / Roads and Maritime Services v Desane Properties Pty Ltd / Robinson v Settree / Settree Estates, Re / Visscher v Maritime Union of Australia (No 6)

South Australian state reports, Volume 132(4), September 2019 - in this issue : Amaca Pty Ltd v Werfel / Attorney-General (SA) v Seven Network (Operations) Ltd / Eckersley Development Pty Ltd v State Commission Assessment Panel / Public Trustee (G D Butler Medal Trust) v Attorney-General (SA) / Reschke v Trevor Reschke Nominees Pty Ltd / Shahin Enterprises Pty Ltd v BP Australia Pty Ltd

Ma v Francis [2019] NSWSC 1244 - statutory construction, meaning of 'offered for sale by public auction' and 'passed in'

Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460 - human rights

Wallace v New South Wales Land and Housing Corporation [2019] NSWCATAP 234 - landlord and tenant, validity of neighbourhood impact statements

In progress

Fines Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 17 September

Justice Legislation Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 19 September

Non-profit Bodies (Freedom to Advocate) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 19 September

Racing Legislation Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 18 September

Reproductive Health Care Reform Bill 2019 - in Legislative Council, consideration in Committee of the Whole, debate interrupted, 19 September

Right to Farm Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 September

Road Transport Amendment (Miscellaneous) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 September

Notices of motion

Child Protection (Nicole's Law) Bill 2019 - in Legislative Council, notice of motion, 17 September

Gambling Advertising Prohibition Bill 2019 - in Legislative Council, notice of motion, 17 September

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - in Legislative Assembly, notice of motion, 18 September

Liquor Amendment (Harm Reduction Areas) Bill 2019 - in Legislative Council, notice of motion, 18 September

Liquor Amendment (Intoxication) Bill 2019 - in Legislative Council, notice of motion, 18 September

Summary Offences Amendment (Prohibition on Payment for Sex) Bill 2019 - in Legislative Council, notice of motion, 17 September

To be reported

Children's Guardian Bill 2019 - in Legislative Council, to be reported, 18 September

Withdrawn

Liquor Amendment (Harm Reduction Areas) Bill 2019 - withdrawn, discharged from notice paper, 18 September

Liquor Amendment (Intoxication) Bill 2019 - withdrawn, discharged from notice paper, 18 September

Brady Bunch bunfight by Therese Catanzariti of 13 Wentworth Chambers - considers legal issues related to blended families

How to download the books that just entered the public domain by Caroline Haskins on Vice - provides guidelines for downloading tens of thousands of books that became legal to download for free in 2019

Law Report (ABC) for 18 September presented by Damien Carrick - Profile of the arsonist. And UK court inheritance battle turns on whose parent died first

Taylor v Attorney-General (Cth) by Martin Clark on Opinions on High High COurt Blog - considers Taylor v Attorney-General (Cth) [2019] HCA 30

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has opened, please see information here and note that submissions are welcomed, see information here.

Joint parliamentary inquiry into family law and child support - media release, Prime Minister of Australia, 17 September

UK judge : No such legal thing as vegetarian discrimination by Allison Robicelli on The Takeout

Psychiatry, psychology and law, Volume 26(4), August 2019 - in this issue : Does eyewitness and interviewer gender influence children's reports? An experimental analysis of eyewitness and interviewer gender on children's testimony Ida Foster, Joshua Wyman, Donia Tong, Kevin Colwell and Victoria Talwar / Development of a measure of mental health stigma including police behaviours Kento Yasuhara, Dana L Formon, Sarah Phillips and Elise M Yenne / Empathy and coping as predictors of professional quality of life in Australian Registered Migration Agents (RMAs) Danielle Raynor and Richard Hicks / Associations between unintended pregnancy, domestic violence, and sexual assault in a population of Queensland women Leah S Sharman, Heather Douglas, Elizabeth Price, Nicola Sheeran and Genevieve A Dingle / "I did it, but not like that" : effects of factually incorrect confessions on juror judgments Eric E Jones, Abby D Bandy and Phillip G Palmer Jr / Observers' performance at evaluating truthfulness when provided with comparable truth or small talk baselines Letizia Caso, Nicola Palena, Aldert Vrij and Augusto Gnisci / The effects of perceived memory ability on memory conformity for an event Lauren A Monds, Mark Howard, Helen M Patterson and Richard I Kemp / Australian arsonists : an analysis of trends between 1990 and 2015 Therese Ellis-Smith, Bruce D Watt and Rebekah M Doley / The marriage of psychology and law : testamentary capacity Simon Zuscak, Ian Coyle, Patrick Keyzer and M Anthony Machin / A retrospective examination of antisocial and risk-taking behaviours Kimberley A Brindle, Terence V Bowles and Elizabeth Freeman / Rethinking the lawyer-client interview : taking a relational approach Jill Howieson and Shane L Rogers / Physical attractiveness and criminal justice processing : results from a longitudinal sample of youth and young adults Kevin M Beaver, Cashen Boccio, Sven Smith and Chris J Ferguson / Predictors of Historical Clinical Risk Management-20 Version 3 (HCR-20:V3) summary risk ratings Jeremy Cheng, Andrew M Haag and Mark E Olver / Third-party views of incarceration : justice, desistance, and offender reintegration Michael R Brubacher

Access to justice and legal aid : comparative perspectives on unmet legal need / Asher Flynn and Jacqueline Hodgson (eds)

Coercive care : rights, law and policy / Bernadette McSherry and Ian Freckelton

Family law handbook (5th ed) / Maree Livermore

Fisher and Lightwood's law of mortgage (15th ed) / Falcon Chambers, Paul Morgan and Wayne Clark (ed)

Investigating corruption and misconduct in public office : Commissions of Inquiry - powers and procedures (2nd ed) / Peter M Hall

Law, liberty and the constitution : a brief history of the common law / Harry Potter

Rethinking rights-based mental health laws / Bernadette McSherry and Penelope Weller

Beyond Brexit : towards a British constitution / Vernon Bogdanor

Public Works and Procurement Amendment (Enforcement) Act 2018 No 72 - 29 November 2019 appointed as the day on which the Act (except for Schedule 1[5]) commences (published on legislation website 13 September 2019)

Workers Compensation Legislation Amendment Act 2018 No 62 — 21 October 2019 appointed as the day on which Schedule 3 to the Act commences (published on legislation website 13 September 2019)

Brats and bitches : recent developments in family provision law and practice : wives, ex-wives, step-children and estranged children by Therese Catanzariti of 13 Wentworth Chambers - examines developments in family provision law and practice

Directors' duties and climate change : keeping pace with environmental challenges by Lord Sales at the Anglo-Australasian Law Society, Sydney - considers climate change and directors' duties

The importance of putting evidence to a witness in cross-examination by Natasha Miller and Amber Burton of Holman Webb - considers Qui v Obeid [2019] NSWCA 207

Law Report (ABC) for 10 September presented by Damien Carrick - Drug testing welfare recipients; US opioid litigation and over-prescribing painkillers in Australia

LawPod UK Ep 92 : Brexit - "It takes two to tango!" - Catherine Barnard looks at the prospects of securing a new deal with the EU

Mental health issues not a shield against discipline and dismissal by Tarsha Gavin and Julia Hong of Allens - considers Monash University v Michael Meaney [2019] FWCFB 2978

Penalties for unfair contract terms – what is the government waiting for? by Scott Alden and Victoria Gordon of Holding Redlich - examines penalties for unfair contract terms

The privilege against self-incrimination in regulatory investigations by Scarlet Reid, Jason Munstermann, Nathan Roberts and Rosemary Kanan of McCullough Robertson - examines privilege against self-incrimination in regulatory investigations

Minogue v Victoria [2019] HCA 31 - constitutional law

Taylor v Attorney-General (Cth) [2019] HCA 30 - criminal practice, private prosecution and authority to prosecute, "where private citizen sought to commence criminal proceeding for offence of crime against humanity contrary to s 268.11 of Criminal Code (Cth)"

Almost 99 per cent of protection visa review applications fail when heard by controversial judge, new figures reveal by Hagar Cohen on ABC News

An astronomical rise in family violence and a legal system struggling to cope by Briana Shepherd on ABC News

Australian cheesemakers may be forced to rename feta and gorgonzola by Jarni Blakkarly on SBS News

Government considering changes to proposed religious freedom laws on SBS News

Not fair? Why judges have been accused of failing Australian consumers by Ben Butler on The Guardian

Senate votes to set up federal anti-corruption body by Tom Stayner on ABC News

Federal Court reports, Volume 263(4), September 2019 - in this issue : Commonwealth v Okwume / Construction, Forestry, Maritime, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd / Immigration and Border Protection, Minister for v Ly / Robinson v 470 St Kilda Road Pty Ltd / Viane v Minister for Immigration and Border Protection / Vokes Ltd v Laminar Air Flow Pty Ltd

Criminal law review, Issue 9, September 2019 - in this issue : Slavery in the UK today Caroline Haughey QC, Riel Karmy-Jones QC and Nicola Padfield / Memory accused : research on memory error and its relevance for the courtroom Chris Brewin and Bernice Andrews / Sentencing terrorism offences : no harm intended? Rory Kelly / R v Adams - the Carltona principle and internment in Northern Ireland Karl Laird / Cases and comments : Criminal Justice Act 2003 s 58 - R v PY, R v SA, Fraud - R v D, Homicide - R v Towers (Jordan), Intermediaries - R v Mahmoud (Shuayb), Magistrates' Court - Director of Public Prosecutions v Berry, Possession of offensive weapon - Garry v Crown Prosecution Service, Sentencing - R v Bailey (Daniel Robert), R v Connor (Christian), Unlawful act manslaughter - R v Braithwaite (Ezekial)

Federal law review, Volume 47(3), September 2019 - in this issue : Ethical infrastructure for a modern judiciary Gabrielle Appleby and Suzanne Le Mire / The significant role of the Australia Acts in Australian public law Liam Boyle / The effect of treaty withdrawal on implementing legislation Elizabeth Brumby / The HCCH judgments convention in Australian law Michael Douglas, Mary Keyes, Sarah McKibbin and Reid Mortensen / Watch this space : the development of commercial space law in Australia and New Zealand Joel Lisk and Melissa De Zwart / Regulating Australia's 'gangmasters' through labour hire licensing Anthony Forsyth / causation in securities and financial product disclosure cases : an analysis and critique Benjamin B Saunders

Australian consumer law (4th ed) / S G Corones

Commercial contract clauses : principles and interpretation (3rd ed) / Joshua Thomson, Leigh Warnick and Kenneth Martin

Modern slavery and supply chain reporting / Sunil Salankey Rao

Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 - Chorley exception, "Treating both the principle and the exception as part of the common law of Australia, it is entirely appropriate for this Court in its capacity as ultimate custodian of the contemporary common law of Australia now to take the step foreshadowed in Cachia of determining that the exception to the general principle should be abandoned"

Brisbane City Council v Amos [2019] HCA 27 - limitation of actions

Carden v Vallelonga [2019] WASC 289 - dispute relating to cooking smells, cigarette smoke, garden maintenance, noise and light

Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946 - dismissal for refusing to use a biometric scanner in the workplace was unfair

Lee v Lee & Ors; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance Limited [2019] HCA 28 - insurance, motor vehicles, personal injury, "contrary to compelling inferences", "glaringly improbable"

Rumble v The Partnership trading as HWL Ebsworth Lawyers [2019] FCA 1409 - industrial law, casual employee, dismissal, whether actions taken because of applicant's political opinion

Artificial intelligence in medicine raises legal and ethical concerns by Sharona Hoffman of The Conversation

Climate activists to argue they can break the law in order to save the planet by Stephen Stockwell and Ange Lavoipierre of ABC News

The race to create a perfect lie detector – and the dangers of succeeding by Amit Katwala of The Guardian

Top judge worried forensic evidence putting innocent people behind bars by Liam Mannix of the Sydney Morning Herald

An Australian International Commercial Court - not a bad idea or what a bad idea? by Justice Craig Colvin - makes a case for the establishment of a specialist Australian International Commercial Court

The first foreign lawyer to practice in Afghanistan on Conversations with Richard Fidler - conversation with Kimberley Motley

A guide to contract termination by Stephen Ipp of Greenway Chambers - considers common issues that arise and principles of law that may apply when considering termination of a contract

The High Court rules in favour of the ATO, unlocking the gates to Paradise despite legal professional privilege claimed over corporate documents by Andrew Lacey of McCabe Curwood - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

Law Report (ABC) for 3 September presented by Damien Carrick - Sandwich boards and skywriting : what's legal and what's not?

Redefining the executive power on Amicus with Dahlia Lithwick - Julian Mortenson discusses presidential powers with host Dahlia Lithwick

Strata scheme collective sale – history in the making by David Stott of HWL Ebsworth - considers Application by the Owners – Strata Plan No 61299 [2019] NSWLEC 111

VBA v Andriotis : is interstate freedom of movement a threat to quality assurance in Australia’s construction industry? by Matthew Bell on Opinions on High High Court Blog - considers Victorian Building Authority v Andriotis [2019] HCA 22

What is a charity? by Darren Fittler, Dalveen Belyea, Elizabeth Lathlean and Kate Pipe of Gilbert + Tobin - examines what a charity is