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Historical IP protection repealed : uncertainty for (some) commercial IP arrangements by Luke Dale and Stephanie Leong of HWL Ebsworth - considers the Treasury Laws Amendment (2018 Measures No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

New journals

Fri May 03 2019

Adelaide law review, Volume 39(2), 2018 - in this issue : Airbnb and residential tenancy law : do 'home sharing' arrangements constitute a licence or a lease? Bill Swannie / Family provision law, adult children and the age of entitlement Sylvia Villios and Natalie Williams / Soft law and public liability : beyond the separation of powers? Greg Weeks / Superannuation taxation reform : from the Financial System Inquiry Report to legislative changes Rami Hanegbi / Rethinking the reinstatement remedy in unfair dismissal law Elizabeth Shi and Freeman Zhong / The vulnerability of older Australians in bankruptcy : insights from an empirical study Lev Bromberg, Ian Ramsay and Paul Ali / Dual citizenship and Australian parliamentary eligibility : a time for reflection or referendum? James Morgan / Space law : a treatise Joel Lisk / Dual citizens in the Federal parliament : Re Canavan, Re Ludlam, Re Waters, Re Roberts [No 2], Re Joyce, Re Nash, Re Xenophon (2017) 349 ALR 534 Kyriaco Nikias / Proportionality and protest : Brown v Tasmania (2017) 261 CLR 328 Ingmar Duldig and Jasmyn Tran

LSJ, Issue 55, May 2019 - in this issue : Legal experts at loggerheads over consent law review Amy Dale / Six minutes with... Shauna Jarrett, Member, Board of Trustees, Australian Museum / Lawyers say sexual harassment complaints 'skyrocketing' / Pedal power ensures Amity's legacy lives on / Future looks bright for Australian law graduates Kate Allman / Family aw review has 60 recommendations for overburdened system / UNSW celebrates 100 Indigenous law graduates / Failing the next generation Melissa Coade / Secret's out : the storm around suppression orders / Law firms, we have a people problem Sam McKeith / Fake it till you make it Emma Heuston / Fertile ground for moral anxiety Rachel Setti / A day in the life of... Jim Main, Director, JMA Legal Business Lawyers Melissa Coade / Striking a balance Kate Allman / Let's do lunch Angela Tufvesson / The sleep debt : what is lack of shut-eye doing to your brain? Jordan McCreary / The case that changes me - Kingsley Liu Melissa Coade / The compelling case of the Bowraville murders and its implications for criminal law Craig Longman / Buying or selling : beware the sting of GST Jim Main / Time to play fair : franchising industry faces growing scrutiny Michael Milnes / Fine lines blurred in adverse action applications Jack de Flamingh and Hannah Peters / Codelfa in the new age : has the gateway shifted Talitha Fishburn / Training is key to avoiding legal liability for rogue employees Anna Johnston / In the fight against elder abuse, is it time to revisit the notional estate? John Clarke / Tougher laws and more resources signal a new era in ASIC enforcement Liam Cavell / Court warns against lodging e-caveats without reasonable cause Benjamin Adams and Kye Tran-Tsai / Dispossessed business owners see a narrowing of just compensation Andrew Beatty and Marlon Shou / Honest is the best (way to make sure you are covered under the) policy Malcolm Cameron and Elissa Baxter / 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

Proctor, Volume 39(4), May 2019 - in this issue : Headed in the right direction? Bill Potts / Fighting elder abuse Rolf Moses / Family Court merger off, for now Matthew Dunn / Elder abuse : the journey so far Mel Raassina / Elder abuse : opinion : The question is why? Kurt Fowler / New principles for decision-makers : Bill addresses conflict transactions and more Michele Davis / Elder abuse : opinion : Elder abuse criminal law, it's time Brian Herd / Making the right choice : R v Doyle and advising clients whether to give evidence Callan Lloyd / Class actions updated : ALRC report and new case law David Hensler / Access to witnesses and fairness to an opposing party Stafford Shepherd / Child homicide Bills flawed Pip Harvey Ross / Consent orders and judgments in state and federal courts Kylie Downes QC and Maxwell Walker / Executor's commission : from privilege to pains and trouble Christine Smyth / Facing up to difficult conversations Prathna Tiwari / $145k text message ruled admissible Robert Glade-Wright / To tweet or not to tweet? Jessica Wat / High Court and Federal Court case notes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / Leadership, profitability and culture Graeme McFadyen / Basic entitlements - family and DV leave Rob Stevenson

Federal Court Rules and forms changes

Fri May 03 2019

The Federal Court Amendment (Court Administration and Other Measures) Rules 2019 (Cth) came into effect 2 May, see information about changes here and the amending rules here.

The Chief Justice has revoked a number of existing Federal Court forms and has approved replacement forms, see information about all of the form changes here.

New law reports

Fri May 03 2019

Federal Court reports, Volume 260(3), April 2019 - in this issue : ABJ17 v Minister for Immigration and Border Protection / Jones v Matrix Partners Pty Ltd; Re Killarnee Civil and Concrete Contractors Pty Ltd (in liq) / Primary Health Care Ltd v Commonwealth

New judgments

Fri Apr 26 2019

AB (a pseudonym) v R [2019] NSWCCA 82 - criminal law, whether jury should have been given unsupervised and unrestricted access to video of the complainant’s evidence-in-chief and cross-examination

Chan v Advanced Health Invest Pty Ltd T/A Mastery Dental Clinic [2019] FWC 2315 - unfair dismissal, embezzlement

Charlwood v New South Wales Registrar of Births, Deaths and Marriages [2019] NSWCATAD 69 - birth registration, meaning of "original surname" and "family name at birth"

Nguyen v Department of Fair Trading [2019] NSWCATAD 71 - licensing, tattooists, "fit and proper person"

Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 - defamation,

Interesting articles, speeches and podcasts

Fri Apr 26 2019

Government foreshadows a wider application of new modern slavery laws than originally expected by Andrew Hii and Isobel O'Brien of Gilbert + Tobin - considers the Modern Slavery Act 2018 : Draft guidance for reporting entities

Law and technological change by Lord Hodge, Justice of The Supreme Court of the United Kingdom - examines law and technological change

Law Report (ABC) for 23 April presented by Damien Carrick - Where does all the evidence go?

Make good obligations in leases : do they apply if the premises will be demolished? by Marcus Andrews of McCabe Curwood - examines make good obligations in leases

TechLaw podcast : How tech is shaping the future of retail by Chloe Forster of DLA Piper - examines use of tech in retail

What might a National Integrity Commission look like? by Cat Barker on FlagPost - provides an overview of models for a National Integrity Commission

New journals

Fri Apr 26 2019

Australian bar review, Volume 47(1), March 2019 - in this issue : Sir Victor Windeyer : an enduring legacy William Gummow / The illusion of principled justice : the fiction that sentencing principle is applied consistently Mirko Bagaric, Gabrielle Wolf and Brienna Bagaric / The authentic judge : French existentialism and the judicial role Jonathan Crowe / Loss of property 'unattended in a public place' - testing the good faith of the travel insurer Paul Latimer / A century of science in Australian criminal trials Marcus Smith and Gregor Urbas / 'The Great Gatsby' - what's the 'matter'? What's in a name? Basten JA ponders federal jurisdiction, judicial power, and the operation of state 'courts' and tribunals Lee Aitken

Interesting articles, speeches and podcasts

Thu Apr 18 2019

A cautionary tale for joint venture parties - why arbitration works by Bronwyn Lincoln of Corrs Chambers Westgarth - considers First Property Holding Pte Ltd v Nyunt [2019] NSWSC 249

The foundations of administrative law by Chief Justice Allsop AO at the 12th Annual Whitmore Lecture, Council of Australasian Tribunals

Law Report (ABC) for 16 April presented by Damien Carrick - High Court ruling on abortion clinic exclusion zones and Federal Court finds Daily Telegraph defamed actor Geoffrey Rush

One-sided oral special leave hearings by Jeremy Gans on Opinions on High : High Court Blog

TechLaw podcast : The future of fintech presented by Martin Bartlam of DLA Piper - examines fintech trends

TMs for TLDs : can descriptive domain names be registered as trade marks? by Luke Dale and Stephanie Leong of HWL Ebsworth - examines whether descriptive domain names are capable of trade mark registration

What are the limits of the law? - Dr Barbara Havelková, Shabana Mahmood and Lukas Wagner discuss the limits of the law in the finale to the 2018 Lincoln Leads seminar series

What is the definition of 'uninjured' as it appears in the Permanent Impairment Guidelines? by Eden Christopher of McCabe Curwood - considers Lu v AAI Ltd t/as AAMI [2019] NSWSC 368