The Library Bulletin

Annotated Federal Court legislation and rules (3rd ed) / Kevin Lindgren, Damien Cremean and Natalie Cujes

Commercial contract clauses : principles and interpretation (2nd ed) / Joshua Thomson, Leigh Warnick and Kenneth Martin

The Constitution and government of Australia, 1788 to 1919 / William Pitt Cobbett, Anne Twomey (ed)

General protections under the Fair Work Act / Tim Donaghey and Emma Goodwin

Government liability : principles and remedies / Janina Boughey, Ellen Rock, Greg Weeks

Law of investments and financial markets (2nd ed) / Melissa Naylor

Disinformation takes on a new face : 'deepfakes' and the current legal landscape by Alexander Ryan and Andrew Hii of Gilbert + Tobin - examines the use of computer-generated imagery to create video or audio 'deepfakes' in which people appear to be doing things that they never did

Ill or injured employees : when is termination 'valid'? by Brett Feltham and Katie White of Gadens - considers Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364

Law Report (ABC) for 8 October presented by Damien Carrick - How to de-radicalise juvenile terror offenders. And speech pathologists unpacking legal jargon

A reasonable lifestyle? by Tim Ainsworth and Tarana Singh of HWL Ebsworth - considers Reece v Comcare [2019] AATA 3499 and ZXCF v Comcare [2019] AATA 3572 and section 16 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)

Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2019] FCA 1677 - misleading or deceptive conduct

BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 - immigration, protection visa

Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33 - companies, shares, "financial assistance"

Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 5) [2019] FCA 1544 - pecuniary penalties for breaches of the Australian Consumer Law

Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - restitution, unjust enrichment

Calls for specialist children's court to help at-risk Maori and Pacific Islander youth by Gavin Coote on AM

Dodgy insolvency practices in small business ombudsman inquiry's cross hairs by Peter Ryan of ABC News

First Australian farmer sues Monsanto, claiming Roundup caused his cancer by Jon Daly and Belinda Varischetti of ABC News

Modern law review, Volume 82(5), September 2019 - in this issue : Trust parties' uniquely easy access to rescission : analysis, critique and reform Adam Hofri-Winogradow and Gadi Weiss / The pension trust : fit for purpose? M Scott Donald / From planning to prototypes : new ways of seeing like a state Fleur Johns / Religious freedom and religious antidiscrimination Ilias Trispiotis / Improving housing conditions in the private and social rented sectors : the Homes (Fit for Human Habitation) Act 2018 - fit for habitation but fit for purpose? Chris Bevan / Equal civil partnerships, discrimination and the indulgence of time : R (on the application of Steinfeld and Keidan) v Secretary of State for International Development Andy Hayward / Levola Hengelo BV v Smilde Foods BV : the hard work of defining a copyright work Jani McCutcheon / The non-existence of markets in the economic analysis of law a la mode David Campbell

Proctor, Volume 39(9), October 2019 - in this issue : It's a matter of trusts : overhaul is long overdue Bill Potts / The fabulous 14 : ensuring our regional member don't miss out Rolf Moses / Not a simple matter of life or death Tony Keim / Should it be legalised in Queensland? Associate Professor Andrew McGee / Voluntary assisted dying law reform for Queensland Professors Ben White and Lindy Willmott / Death and the rule of law Marshall Perron / Four issues to consider when legislating for medically assisted dying Father Frank Brennan SJ AO / Voluntary assisted dying : perspectives and issues / Practical steps to the tech starting line James Tan / Meeting regulatory demands : how small innovations can add value Liam Hennessy / The 'evade police' disparity : decisions underline need for consistency Calvin Gnech / Statutory wills at midnight Zinta Harris and Darlene Skennar QC / Balancing a legal career with life Akaash Singh / Beating the burnout : tips for an early career lawyer Bethanie Goodall / Your daily mental health toolkit Rebecca Niebler / Costs assessment : beware the lurking six-year limit Stephen Hartwell and Peter Janssen / The ref steps up : amendments expand the scope for referrals to referees Kylie Downes QC and Alexander Psaltis / It's back to the future : uncertainty returns to binding death benefit nominations Christine Smyth / Lapsed Bills frustrate migration law practice reform Sonia Caton / UQ centre's decade of service Monica Taylor / Keep an eye on supervision Stafford Shepherd / More concerns on youth justice reform Deborah Kim / QLS policy targets aged care, cultural heritage Pip Harvey Ross / Mother's 'wrong beliefs' lead to appeal loss Robert Glade-Wright / Great benefits for regional members Katherine Graff / Federal Court casenotes Dan Star QC / Your month-end reality check Graeme McFadyen / Basic entitlements - long service leave Rob Stevenson

Expert evidence : law, practice, procedure and advocacy (6th ed) / Ian Freckelton

Law of international business in Australasia (2nd ed) / Vivienne Bath and Gabriël Moens

Assented to

Abortion Law Reform Act 2019 - assented to 2.10.2019, date of commencement, assent, sec 2.

Proclaimed

Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019 - 11 October 2019 appointed as the day on which the Act commences

The clerk's eye view of Justice John Paul Stevens - onAmicus with Dahlia Lithwick professors Sonja West and Jamal Greene remember the late Justice John Paul Stevens

Law Pod UK Episode 95 : A rogue prorogation - Emma-Louise Fenelon, Jo Moore and Jon Metzer discuss the decision in Cherry and others v Advocate General for Scotland [2019] UKSC 41

Law Report (ABC) for 1 October presented by Damien Carrick - Climate change litigation targets super fund

A lost opportunity? Full Federal Court holds that mere 'abstract ideas' using 'generic computer technology' lack patentability by Kate Hay, Colette Downey and James Beavis of Corrs Chambers Wetgarth - considers Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161

A "monster" ruling on the admissibility of various internet resources by Tristan Hocking and Joanna Lawrence of Ashurst - considers Rodney Jane Racing Pty Ltd v Monster Energy Company [2019] FCA 923

No oral modification clauses by Ben Jacobs and Ashley Cameron of Greenway Chambers - examines "no oral modification" clauses

Saying hello, waiving goodbye (to privilege) by Tim Case and Alan Wrigley of McCullough Robertson - considers legal professional privilege

"Sufficient cause" and "otherwise orders" : making a family provision claim more than 12 months after the date of death by Philip Davis of HWL Ebsworth - considers Sreckovic v Sreckovic [2018] NSWSC 1597

Inquiry urges end to Sydney lockout laws 'as soon as possible' from SBS News

'A new law every 6.7 weeks' : Australia has enacted 82 anti-terror laws since 2001 by Jessie Blackbourn and Nicola McGarrity from SBS News

Peak legal body concerned Attorney-General's press freedom bid will cause more issues from SBS News

On 30 September 2019 the report of the Joint Select Committee on Sydney's Night Time Economy was released, see report here.

Dyno Nobel Inc v Orica Explosives Technology Pty Ltd (No 2) [2019] FCA 1552 - whether print outs of archived webpages on the "Wayback Machine" are business records under the Evidence Act 1995 (Cth) s 59

R (on the application of TT) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) - definition of the term 'mother' under the law of England and Wales

New South Wales law reports, Volume 98(5), September 2019 - in this issue : Attorney General for New South Wales v XX / Fede v Gray by his tutor New South Wales Trustee and Guardian / Public Prosecutions, Commonwealth Director of v Easton / Talifero v Asbestos Injuries Compensation Fund Ltd as Trustee for Asbestos Injuries Compensation Fund

Law Institute journal, Volume 93(10), October 2019 - in this issue : On the path to wellbeing Stuart Webb / Same law - different geography Donna Valentine / Cross cultural practice takes off Karin Derkley / Speaking up for justice Karin Derkley / Undone by off-duty behaviour Anthony O'Donnell / Moving to transaction-based use Mark Kurtze / LIV contract of sale updated David P Lloyd, Murray McCutcheon AM and Robert Bradley / GDPR one year on Arvind Dixit and Lynton Brooks / Strength in diversity Andrew Godwin / A multi-layered system Kelvin Yuen and Annabell Rehmer / Telling client stories : advocacy in a human rights framework Sarah J Mercer / Can Australia learn from India? Molina Asthana / Circumventing the block Sarah Hinchliffe / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Being retained Gino dal Pont / Bringing your A game Legal Practitioners' Liability Committee / Retail lease outgoings Russell Cocks / Wellbeing is everyone's business Fiona McLeay / When justice is out of reach Brendan Lacota / Xpedite Peter Morgan / Living in digital harmony Joshua Butler / Passwords for online business Judith Bennett / Fighting sexual harassment in firms Vanessa Shambrook / Holding their own Iola Mathews / Challenging the way we work Chief Justice Anne Ferguson / Working off fines debt Laura Sanderson

Free hands and minds : pioneering Australian legal scholars / Susan Bartie

High principle, low politics, and the emergence of the Supreme Court / Frederic Reynold

Legal research : a practitioner's handbook (3rd ed) / Emily Albion

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