The Library Bulletin

The final report is available here.

Administrative Law (4th ed) / Timothy Endicott

Annotated criminal legislation New South Wales 2018-2019 / Roderick N Howie and Peter A Johnson

Art and modern copyright : the contested image / Elena Cooper

Cases and materials on equity and trusts (9th ed) / J D Heydon and M J Leeming

Commercialisation of intellectual property / Natalie P Stoianoff, Fred Chilton and Ann L Monotti

Construction law in Australia (4th ed) / Ian Bailey and Matthew Bell

Equity practice and precedents (2nd ed) / Edmund Finnane, Christopher Wood and Nicholas Newton

Friston on costs (3rd ed) / Mark Friston (ed)

Fundamental concepts of commercial law : 50 years of reflection / Roy Goode

The internet, warts and all : free speech, privacy and truth / Paul Bernal

Principles of federal criminal law (4th ed) / Stephen Odgers

Private international law in Australia (4th ed) / Reid Mortensen, Richard Garnett and Mary Keyes

The final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was submitted to the Governor-General today, it will be released to the public on Monday. Please see details here.

The Murray-Darling Basin Royal Commission report by Bret Walker SC was delivered to the Governor of South Australia on 29 January 2019, see the report here.

Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading [2019] NSWSC 18 - evidence, "onus of proof when a declaration is sought in relation to a negative fact"

Commonwealth Director of Public Prosecutions v Christian [2019] FCAFC 5 - criminal law, publication of judgments

James v Wilson [2019] NSWSC 17 - political parties, dispute in relation to the interpretation of a party constitution

R v Bayda; R v Namoa (No 8) [2019] NSWSC 24 - conspiring to do acts in preparation for or planning a terrorist act

Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 - industrial law, "whether adverse action taken because of the applicant’s mental disability"

Unions NSW & Ors v State of New South Wales [2019] HCA 1 - constitutional law, "implied freedom of communication on governmental and political matters"

ALRC'S class action report - a 'canary in the coal-mine'? by Jenny Campbell and Kate Austin of Allens Linklaters - considers the implications of Integrity, fairness and efficiency — an inquiry into class action proceedings and third-party litigation funders (ALRC Report 134)

ASIC takes strong stance to "litigate first" following the Financial Services Royal Commission by Andrew Lacey of McCabe Curwood - the Australian Securities and Investments Commission has indicated that it will be more litigious following the Financial Services Royal Commission

Drug infringement notices : decriminalisation? by Trudie Cameron of Armstrong Legal - looks at the proposed trial of drug infringement notices by the NSW Government

Fine tuning the obligation of good faith – lessons for franchisors by Shaun Temby and Natalie Wendon of Maddocks - examines good faith and franchising

Law Report (ABC) for 29 January 2019 presented by Damien Carrick - How well does our coronial system serve the needs of grieving families?

The legality of rebel courts during non-international armed conflicts by Mark Klamberg of University of Oxford - considers the legality of rebel courts and international humanitarian law, human rights law and international criminal law issues related to them

State reports (Western Australia), Volume 96(1), January 2019 - in this issue : Frasers Queens Pty Ltd v Tan / Bethanie Group Inc v Presiding Member, Metro North-West Joint Development Assessment Panel

Federal Court reports, Volume 258(2), January 2019 - in this issue : Adams v Director of the Fair Work Building Industry Inspectorate / Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Castlemaine Police Station Case) / DAO16 v Minister for Immigration and Border Protection / Valve Corporation v Australian Competition and Consumer Commission

State reports (Western Australia), Volume 95(5), January 2019 - in this issue : Island Apartments Strata Plan 52597, Owners v Pindan Pty Ltd (No 2) / P v Chief Executive Officer, Department for Communities

State reports (Western Australia), Volume 95(6), January 2019 - in this issue : Linx at Nexus Strata Plan 47739, Owners v Mangles SMSF Pty Ltd / Shuttleworth v Pearson / Starshore Pty Ltd v Kellas / Western Australia v Williams

Children and Young Persons (Care and Protection) Amendment Act 2018 - 4 February 2019 appointed as the day on which the Act commences. Published on legislation website 18 January 2019.

Justice Legislation Amendment Act (No 3) 2018 - 4 February 2019 appointed as the day on which Schedule 1.26 to the Act commences. Published on legislation website 25 January 2019.

Protection of the Environment Operations Amendment (Asbestos Waste) Act 2018 - 25 January 2019 appointed as the day on which the whole of the Act, except Schedule 1 [11], commences. Published on legislation website 25 January 2019.

Residential Tenancies Amendment (Review) Act 2018 - 28 February 2019 appointed as the day on which the following provisions commence : (a) Schedule 1[1], to the extent that it inserts the definition of domestic violence offence, (b) Schedule 1[11], [33], [37] and [38]. Published on legislation website 21 December 2019. Saint Paul's College Act 2018 - 4 February 2019 appointed as the day on which the Act commences. Published on legislation website 25 January 2019.

Statute Law (Miscellaneous Provisions) Act (No 2) 2018 - 21 December 2018 as the day on which Schedule 1.15 [1]–[3] to the Act commence. Published on legislation website 21 December 2019.

Brexit podcast : No confidence vote and next steps by Richard Bonnar and Paul Hardy of DLA Piper - summarises recent Brexit developments and next steps

Copyright infringement and the innocent infringement defence : The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 by Kerry Awerbuch of Gadens - considers The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 and "innocent infringement"

Digital health : software as a medical device by Eugenia Kolivos and Bethany Larum of Corrs Chambers Westgarth - examines software as a medical device

The edge that separates what is 'obvious' from what is 'significant' by Chad Farah of McCabe Curwood - considers civil liability and the decision in Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330

The Fair Work Act and WHS Act : should they go in the recycling bin with used wrapping paper? by Tim Longwill, Scarlet Reid, Cameron Dean, Michael (Mick) Moy, Lydia Daly, Tom Reaburn, Liam Fraser and Nathan Roberts of McCullough Robertson - discusses challenges and disruptions in Australian workplaces such as the Federal election, weak wage growth, the 'gig' economy and a spike in workplace deaths and suggests likely solutions

Government regulates casual double dipping by Heinz Lepahe, Vanessa James-McPhee and Radhia Aku of HWL Ebsworth - in response to WorkPac Pty Limited v Skene [2018] FCAFC 131 the Fair Work Amendment (Casual Loading Offset) Regulations 2018 amended theFair Work Regulations 2009 (Cth) to permit employers, in certain circumstances, to claim that an employee's casual loading payments should be offset against certain entitlements owing to the employee

Made in Australia : tightened restrictions on the use of country of origin labels by Shaun Temby and Aman Dhingra of Maddocks - considers Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936 and "Made in Australia" claims

New year sees changes to the duration of copyright by Dan Pearce and Alicia Bray of Holding Redlich - changes to the Copyright Act 1968 (Cth) came into effect on 1 January 2019, they simplify and standardise the duration of copyright protection in Australia

On courage by Lady Hale at the Millicent Fawcett Memorial Lecture 2018, London - examines moral courage

Red light speed camera – can I be booked for speeding when travelling through a green light? by Tyson Brown of Armstrong Legal - examines whether you can be booked for speeding when travelling through a green light

Reparation for victims of mass atrocities : reflections on key challenges by Clara Sandoval of University of Oxford - examines the right to reparation for victims of mass atrocities and contends that effective implementation of that right is largely unfulfilled

Attorney General for the State of New South Wales v Wong [2019] NSWSC 3 - forensic patients, "whether qualified professionals should be appointed to examine defendant", Mental Health (Forensic Provisions) Act 1900 (NSW)

Australian Securities and Investments Commission v CFS Private Wealth Pty Ltd (No 2) [2019] FCA 24 - application by ASIC to wind up the three respondent companies on the just and equitable ground under s 461(1)(k) of the Corporations Act 2001 (Cth)

Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9 - application for declaration that Spotless breached s 119(1)(a) of the Fair Work Act 2009 (Cth)

John Maait Properties Pty Ltd v The Owners - Strata Plan No 50396 [2019] NSWCATAP 26 - strata schemes, unauthorised alteration to common property

Kent v Secretary, Department of Education [2019] NSWIRComm 1001 - unfair dismissal, unsatisfactory teaching performance by classroom teacher

Police Association of New South Wales v Commissioner of Police [2019] NSWIRComm 1006 - industrial award interpretation, meaning of the phrases "who... finds it necessary" and "as a consequence of"

State of NSW v Mathers [2019] NSWSC 7 - high risk terrorism offender, preliminary hearing

NSW cops to issue on-the-spot drug fines from SBS News - "NSW Police will be able to hand out on-the-spot fines of $400 for drug possession at three music festivals being held in Sydney over the Australia Day long weekend"

Privilege, policing and the pub test : questions to be answered from the Lawyer X scandal by Jerome Doraisamy at Lawyers Weekly - considers legal professional privilege and the upcoming Victorian Royal Commission into Management of Informants

Witness K case : prosecutors dump brief of evidence on last working day of legal year by Christopher Knaus at The Guardian - Commonwealth prosecutors have been accused of behaving unfairly after giving their brief of evidence on defence lawyers at about 6pm on the last working day of the legal year

Adelaide law review, Volume 39(1), 2018 - in this issue : The judiciary and the public : judicial perceptions Kathy Mack, Sharyn Roach Anleu and Jordan Tutton / Neurodivergent women in 'clouded judgment' unnconscionability cases - an intersectional feminist perspective Brooke Murphy / Enabling professional development for sessional colleagues in law : reflections from the Smart Casual online initiative Alex Steel, Natalie Skead, Kate Galloway, Mary Heath, Anne Hewitt and Mark Israel / Trends in prosecutions for child sexual abuse in South Australia 1992-2012 Judy Cashmore, Patrick Parkinson and Alan Taylor / Justice and the vulnerable : extending the duty to prevent serious crimes against children to the protection of agricultural and research animals Amanda Whitfort / Lindsay v The Queen : homicide and the ordinary person at the juncture of race and sexuality Kent Blore / A statement on inclusive law and religion Paul Babie and Joshua Neoh / Offences against the person and sexually transmitted diseases : Aubrey v The Queen (2017) 260 CLR 305 James Morgan / 'Extreme circumstances' leave public service employees silent and uncertain : Chief of Defence Force v Gaynor (2017) 246 FCR 298 Jemma Potezny

Australian law journal, Volume 92(11), November 2018 - in this issue : Current issues Justice Francois Kunc (ed) The eleventh hour of the eleventh day of the eleventh month Justice Francois Kunc, Australia's first research measuring judicial stress and wellbeing : a preview of the findings Carly Schrever / Letter to the editor David Ash / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Notices of action : the new de facto caveats clogging up Victoria's land titles Brett Harding, Law reform - Land Title Act 1994 (Qld) Professor Michael Weir / Around the nation : Victoria Justice Clyde Croft (ed) Finality in litigation and arbitration Justice Clyde Croft / Class actions Justice Michael B J Lee (ed) Class actions - a state of flux - certification and contingency fees Justice Michael B J Lee / Competition and consumer law John Kettle (ed) Competition in brief : is an agent still an agent and why it matters John Kettle / Corporations and securities Jason Harris (ed) Corporate cultures under scrutiny Jason Harris / Recent cases Ruth C A Higgins (ed) Evidence - criminal trial - sexual offences with child under 16 years - tendency evidence - admissibility - severance Ruth C A Higgins, Representative proceedings - competing representative proceedings - anti-suit injunctions sought in Supreme Court in respect of Federal Court proceedings - management of competing class actions in different courts Ruth C A Higgins / Sir Frederick Jordan's non-appointment to the High Court and his "queer views about federalism" Hon Keith Mason AC QC / Genocide : the static expansion to include the crime of forced expulsion Elizabeth R Plajzer / Tostee, criminal causation and provocation in domestic violence : a novel position Brendan Walker-Munro

Australian law journal, Volume 92(12), December 2018 - in this issue : Current issues Justice Francois Kunc (ed) The Universal Declaration of Human Rights at 70 Justice Francois Kunc, 100 years of women in legal practice in New South Wales Justice Francois Kunc, National Integrity Commission back on the agenda Justice Francois Kunc, Judicial stress Justice Francois Kunc, Judicial bullying revisited Justice Francois Kunc, The Court of Justice of the European Union intervenes in Poland Justice Francois Kunc, Remembering Australian lawyer servicemen Justice Francois Kunc, New Australian president of the International Association of Judges Christopher Roper AM / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) The recent "careless mortgagee" exceptions to indefeasibility in Australia in light of New Zealand's Land Transfer Act 2017 (NZ) - an opportunity missed? Dr Justine Bell-James, Retreat from immediate indefeasibility? Brendan Edgeworth, The High Court on part performance Dorothy Hiu Wan Hou / Crime and evidence Justice Phillip Priest (ed) Special leave to appeal to the High Court in criminal cases : a change of approach? Justice Phillip Priest / Personalia Emily Vale (ed) Commonwealth - Chief Justice John Pascoe Sylvia R W Emmett, Chief Justice William Alstergren, New South Wales - Appointment of senior counsel, Victoria - Justice Melinda Richards, Western Australia - Chief Justice Peter Quinlan / Recent cases Ruth C A Higgins (ed) Corporations - service of originating process - Uniform Civil Procedure Rules r 6.2 provided for service within six months - Supreme Court (Corporations) Rules r 2.7 provided for service as soon as practicable after filing and, in any case, at least five days before date fixed for hearing - whether r 2.7 inconsistent with r 6.2 Ruth C A Higgins / By the skin of our teeth - the passing of the Women's Legal Status Act 1918 Hon Virginia Bell AC / Judicial review of the fairness and reasonableness, as between class members, of federal class action settlements Vince Morabito / Corporate knowledge : the search for the relevant mind(s) Daniel Reynolds

Brief, Volume 45(11), December 2018 - in this issue : Interview with Solicitor-General Joshua Thomson SC Jason MacLaurin / The need for lawyers Dr Lyria Bennett Moses / Trials and tribulations : Faith Cheok Fiona Poh / 2017/18 annual report / The ethics of settlement negotiations in employment disputes Mark Cox and Renae Harg / Cervantes in law Nicholas Hasluck AM, QC / The tale of the undergraduate editor John McKechnie QC / Family law case notes Robert Glade-Wright

Civil justice quarterly, Volume 38(1), 2019 - in this issue : Expanding the scope of dispute resolution and access to justice Masood Ahmed and Dorcas Quek Anderson / Civil mediation reform : balancing the scale of procedural and substantive justice Shahla Ali / Justicial judging : towards a renewal in problem solving access to justice Jean Francois-Roberge / The multi-door courthouse at middle age : life in Canada Archie Zariski / Ethical issuse in court-connected mediation Lola Akin Ojelabi / Judicial involvement in settlement conferences : opportunities and issues Tania Sourdin / Mediation in the Singapore Family Justice Courts : examining the mandatory mediation model under the judge-led approach Eunice Chua / "Fine words butter no parsnips" : can the principle of open justice survive the introduction of an online court? Sue Prince / The convergence of ADR and ODR within the courts : the impact on access to justice Dorcas Quek Anderson

Federal law review, Volume 46(4), 2018 - in this issue : Theories and practices of federalism in deeply divided societies Rosalind Dixon, Ron Levy and Mark Tushnet / Federalism and gender equality Susan Williams / The rejection of constitutional incremetalism in Nepal's federalisation Mara Malagodi / Fiscal decentralisation in a divided state : Bougainville in Papua New Guinea Satish Chand / 'A measure of autonomy' : federalism as protection for Malaysia's indigenous peoples Andrew James Harding / Federal accommodations of religions in Asia Baogang He, Laura Allison-Reumann and Michael Breen / Assessing Kenya's cooperative model of devolution : a situational analysis James Thuo Gathii and Harrison Mbori Otieno / A house divided : federalism and social conflict in Italy Amnon Lev / Judicial power and consociational federation : the Bosnian example Alex Schwartz / The democratic deficit of US federalism? Red state, blue state, purple? Vicki Jackson / The dilemma of indigenous self-government in Canada : indigenous rights and Canadian federalism Richard Stacey

Law quarterly review, Volume 135, January 2019 - in this issue : he common law : context and method Rt Hon Sir Philip Sales / Self-declarations of trust Sinead Agnew and Simon Douglas / Problems with Wednesbury unreasonableness in contract law : lessons from public law Ernest Lim and Cora Chan / The UK Senior Court's contribution to the global jurisprudence on international child abduction Professor Emeritus N V Lowe QC (Hon) / Dummy asset tracing Tatiana Cutts

New Zealand law journal, November 2018 - in this issue : Tax update Vivian Cheng / OECD guidelines and multinational enterprises Philippa Moran / What Bishop knew : Autumn tree Professor Susan Watson / Transactions section Brent O'Callahan / Evidence Bernard Robertson / Applying Israel's anti-boycott law to New Zealand activists Maria Hook / The international law gaze : Allard v Barbados Dr Alberto Alvarez-Jimenez / Beyond "doing a few interviews" Dr Bridgette Toy-Cronin

Public law, January 2019 - in this issue : Editors comment : The death of Sir Louis Blom-Cooper QC on 19 September 2018 Maurice Sunkin / Sir Louis Blom-Cooper QC and Public law : a tribute Gavin Drewry / Constitutional importance and permission for judicial review in the Court of Session : Wightman v Advocate General David Blair / Belhaj, justicability, and the "silhouette-like" act of state doctrine in tolerating torture Satvinder Juss / Protective costs orders in Hong Kong : a comparative analysis Martin Y C Kwan / Political pragmatism and constitutional principle : the European Union (Withdrawal) Act 2018 Mark Elliott and Stephen Tierney / The rule of recognition and sources of law in Miller Asif Hameed / Brexit and the EU Charter of Fundamental Rights Menelaos Markakis / Something old, something new : busting some myths about statutory instruments and Brexit Stephanie Pywell / Broadening the human rights discourse, realising socio-economic rights, and balancing rights to property : moving beyond the rhetoric of socio-economic rights and Scottish land reform Douglas S K Maxwell / A justicable right to food - a possibility for the United Kingdom? Geraldine Van Buren QC / Crowdfunding public interest judicial reviews : a risky new resource and the case for a practical ethics Joe Tomlinson

Sydney law review, Volume 40(4), December 2018 - in this issue : Non-State policing, legal pluralism and the mundane governance of "crime" Amanda Porter / The liability of Australian online intermediaries Kylie Pappalardo and Nicolas Suzor / Adolescent family violence : what is the role for legal responses? Heather Douglas and Tamara Walsh / Contracts against public policy : contracts for meretricious sexual services Angus Macauley / Australian Securities and Investments Commission v Kobelt : evaluating statutory unconscionability in the cultural context of an indigenous community Sharmin Tania and Rachel Yates