The Library Bulletin

Federal police fight court ruling a mobile phone is not a computer by Josh Taylor of The Guardian

Sick leave win for Cadbury shift workers could flow on across Australian workplaces by Alexandra Humphries of ABC News

Whitlam dismissal 'palace letters' case wins right to be heard by high court by Christopher Knaus of The Guardian

Case management and insolvency : matching rhetoric and reality by The Hon Justice Lee at the Association of Independent Insolvency Practitioners Annual Conference

Contract variations – when will a 'practical benefit' be adequate consideration? : Hill v Forteng Pty Ltd [2019] FCAFC 105 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers Hill v Forteng Pty Ltd [2019] FCAFC 105

Corporate crime – understanding the playing field by Scarlet Reid, Jason Munstermann, Nathan Roberts and Rosemary Kanan of McCullough Robertson - considers corporate crime

Court diversion for those with psychosis and its impact on re-offending rates : results from a longitudinal data-linkage study by Olayan Albalawi, Nabila Zohora Chowdhury, Handan Wand, Stephen Allnutt, David Greenberg, Armita Adily, Azar Kariminia, Peter Schofield, Grant Sara, Sarah Hanson, Colman O’Driscoll and Tony Butler in BJPsych Open 2019 Jan, 5(1) : e9 - considers court-based diversion systems and liaison services for individuals in the criminal justice system who have mental health problems

Electing to terminate – how long is a "reasonable time" by Scott Watson and Emma Costello - considers Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185

Law and social movements presented by Professor Scott Cummings at the University of Sydney - examines the relationship between law and social movements

Law Report (ABC) for 20 August presented by Damien Carrick - Bullying and sexual harassment in the legal profession

The life of the trial judge – what has or is changing? by The Hon Justice John Middleton at The Samuel Griffith Society 2019 Thirty-First Conference

Palmer v Australian Electoral Commission by Martin Clark on Opinions on High High Court Blog - considers Palmer v Australian Electoral Commission [2019] HCA 24

Power blackouts and climate justice : what are the solutions? presented by Professor Daniel Farber and Professor Robert Verchick at the University of Sydney - considers climate justice

A shield not a sword : High Court sides with ATO in 'Paradise Papers' privilege squabble by Richard Flitcroft, Richard Leder and Camryn Cooper or Corrs Chambers Westgarth - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

International taxation of trust income : principles, planning and design / Mark Brabazon

Principles of international insolvency (3rd ed) / Philip R Wood

Sir Francis Villeneuve Smith : third Chief Justice of Tasmania 1870-1885 / J M Bennett and Ronald C Solomon

Sir Owen Dixon’s legacy / John Eldridge and Timothy Pilkington (eds)

The state and the body, legal regulation of bodily autonomy / Elizabeth Wicks

A wunch of bankers : a year in the Hayne royal commission / Daniel Ziffer

Awaiting assent

Lake Macquarie Smelter Site (Perpetual Care of Land) Bill 2019 - awaiting assent, 21 August 2019

In Progress

Children's Guardian Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 August 2019

Fines Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 22 August 2019

Justice Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 21 August 2019

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Council, consideration in committee of the whole, 21 August 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 21 August 2019

Notices of Motion

Adoption Amendment (Same Sex Couples Repeal) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Classification (Publications, Films and Computer Games) Enforcement Amendment (Banning Restricted X-rated Films) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Crimes Amendment (Pre-natal Termination) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Drugs and Alcohol Treatment Amendment (Rehabilitation of Persons with Severe Dependence) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Independent Commission Against Corruption Amendment (Protections for Disclosure of Information) Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Liquor Amendment (Harm Reduction Areas) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Liquor Amendment (Health Warning for Pregnant Women) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Pregnancy Termination (Information About Pain to Child in Utero) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Pregnancy Termination (Mandatory Counselling) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Right to Farm Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Negatived

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - negatived, second reading negatived on division, 22 August 2019

Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 - industrial law, paid personal/carer's leave entitlement calculation, meaning of the word "day"

Sakellis v Vourlos [2019] NSWSC 1063 - estoppel, proprietary estoppel, estoppel by representation, defendant contends "in early 2009 the plaintiff represented that she would provide him with a house rent-free for the remainder of his life"

District Court law reports, Volume 28(3), August 2019 - in this issue : Bendigo and Adeliade Bank Ltd v Jaeger / Chirstie v Herro t/as Chemist Warehouse Oxford Street (No 1) / Cohen v David / Fitzgerald v Nominal Defendant / Homsi v Pasquale (No 2) / Nati (by his tutor Suzanna Nati) v Nominal Defendant / R v CE / R v El-Kheir / SafeWork NSW v Wagga Motors Pty Ltd / Tzovaras v Williams

Federal Court reports, Volume 263(2), August 2019 - in this issue : BZD17 v Minister for Immigration and Border Protection / McCartney v EB / Mount Isa Mines Ltd v Ship Thor Commander / Plaintiff S111/2017 v Minister for Immigration and Border Protection

Commercial issues in private international law : a common law perspective / Michael Douglas, Vivienne Bath, Mary Keyes and Andrew Dickinson (eds)

Law, lawyers and litigants in early modern England : essays in memory of Christopher W Brooks / Joanne Begiato, Adrian Green and Michael Lobban (eds)

The making of a justice : reflections on my first 94 years / John Paul Stevens

New media and freedom of expression : rethinking the constitutional foundations of the public sphere / Andras Koltay

Of courtiers and kings : more stories of Supreme Court law clerks and their justices / edited by Todd C Peppers and Clare Cushman

The parody exception in copyright law / Sabine Jacques

Pleadings without tears : a guide to legal drafting under the Civil Procedure Rules (9th ed) / William Rose. Revised and updated by Roger Eastman

Protecting personal information : the right to privacy reconsidered / Andrea Monti and Raymond Wacks

The referendum and other essays on constitutional politics / Matt Qvortrup

The Legislative Council Standing Committee on Social Issues is inquiring into the Modern Slavery Act 2018 (NSW), the consultation draft of the Modern Slavery Amendment Bill 2019 and the consultation draft of the Modern Slavery Regulation 2019.

Submissions are welcomed, the closing date for submissions is 4 October 2019, see details here.

Courts taking too narrow a view on whether businesses breaking law, senior judge says by Ben Butler of The Guardian

'It's time' : renewed calls for Australia to adopt a charter of human rights by Keira Jenkins of SBS News

Comcare v Banerji by Martin Clark on Opinions on High High Court Blog - considers Comcare v Banerji [2019] HCA 23

Conversations with Richard Fidler - Jurors behaving badly

Director-General of Security—ASIO and MI5 compared by Nigel Brew on Parliament of Australia FlagPost - examines the directorships of ASIO and MI5

Law Report (ABC) for 13 August presented by Damien Carrick - Is the High Court gagging Australia's public servants?

Legal issues raised by machine learning systems by Luke Dale, Daniel Kiley and Stephanie Leong of HWL Ebsworth - examines machine learning systems

See the final report and executive summary for the ACCC's Digital platforms inquiry here.

Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 - consumer law, alleged contraventions of s 128 of National Consumer Credit Protection Act 2009 (Cth)

Glencore International AG v Commissioner of Taxation [2019] HCA 26 - legal professional privilege

Northern Territory v Sangare [2019] HCA 25 - practice and procedure, costs

Palmer v Australian Electoral Commission [2019] HCA 24 - parliamentary elections, counting of votes

Federal Court reports, Volume 263(1), August 2019 - in this issue : Home Affairs, Minister for v Aciek / Perera v GetSwift Ltd

We have a two week trial of Brown on defamation (2nd ed) on our Westlaw AU platform. The title covers Canada, United Kingdom, Australia, New Zealand, United States.

If interested please come to the library to test it out and let us know whether we should subscribe.

Thanks to generous donations a law library has been created in the small cattle town of Normanton, Queensland. Barrister Susan Burton Phillips has been instrumental in co-ordinating the donations.

The driver of the initiative is Andrew Dawes, Community Justice Coordinator of the Lamberr Wungarch Justice Group.

The group has the following aims and objectives :

• Increase Aboriginal and Torres Strait Islander peoples knowledge about the justice system • Support and empower Aboriginal and Torres Strait Islander victims and offenders at all stages of the legal process • Improve the links between Aboriginal and Torres Strait Islander people and statutory workers, police and the courts • Develop community based strategies that provide an alternative to the criminal justice system

In creating the library Andrew said that it was for the future judge of the High Court who will come from Normanton.

If you would like further information please contact Susan

Annotated Fair Work Act and related legislation 2019 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Oshie Fagir and Justine Turnbull

Annotated family law legislation (5th ed) / Richard Chisholm, Suzanne Christie and Julie Kearney

The art of law in Shakespeare / Paul Raffield

Comparative law of security interests and title finance (3rd ed) / Philip R Wood

Conflict of laws and international finance (2nd ed) / Philip R Wood

The habit of a judge : a history of court dress in England and Wales / Daniel Yazdani

International insolvency : jurisdictions of the world / Philip R Wood

International loans, bonds, guarantees, legal opinions / Philip R Wood

Landmark cases in defamation law / David Rolph (ed)

Liberal democracies and the torture of their citizens / Cyntha Banham

Media law and policy in the internet age / Doreen Weisenhaus

In progress

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 8 August 2019

Gambling Legislation Amendment (Online and Other Betting) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 7 August 2019

National Parks and Wildlife Amendment (Tree Thinning Operations) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 8 August 2019

Planning Legislation Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, 6 August 2019

Racing Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 7 August 2019

Repeal of Kosciuszko Wild Horse Heritage Legislation Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 8 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Council, to be reported, 8 August 2019

Notices of motion

Anti-Discrimination Amendment (Freedom of Religion) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Central Coast Drinking Water Catchments Protection Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Dairy and Fresh Food Price Advocate Bill 2019 (Aitchison) - in Legislative Assembly, notice of motion, 7 August 2019

Dairy and Fresh Food Price Advocate Bill 2019 (Houssos) - in Legislative Council, notice of motion, 7 August 2019

Liquor Amendment (Intoxication) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Pregnancy Termination (Mandatory Reporting) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Professional Engineers Registration Bill 2019 - in Legislative Assembly, notice of motion, 6 August 2019

'Absurd' : NSW government ignored report on looming legal aid crisis by Michaela Whitbourn of The Sydney Morning Herald

Australia's biggest medical app facing multi-million-dollar fines for selling patient health data by Pat McGrath of ABC News

The history of intellectual property law — and why it could shape your future by Anna Kelsey-Sugg and Areej Nur of ABC News

Public servant loses free speech High Court case over tweets criticising government policies by Elizabeth Byrne of ABC News

Should rivers have same legal rights as humans? A growing number of voices say yes by Ashley Westerman of NPR

Witness K to plead guilty in Timor-Leste spying case but lawyer to fight charges by Paul Karp of The Guardian

Compensation payments to Aboriginal and Torres Strait Islander Australians by James Haughton on FlagPost - considers Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 and Pearson v State of Queensland (Wages and Savings Class Action)

Consumer data right back on track by Hazel McDwyer and David Smith of Gadens - examines the Treasury Laws Amendment (Consumer Data Right) Bill 2019 (Cth)

Exposing the banks : the journalist who sparked a royal commission on Conversations with Richard Fidler - conversation with Adele Ferguson

Law Report (ABC) for 6 August presented by Damien Carrick - As the Laws of War turn 70, what's to celebrate? And a case of unpaid rent

An ode to the public library, the gateway to an educated society by Geoff Gallop of The Mandarin - discusses the benefits of libraries

Supreme Court backs third party access to court documents by Michael Fenn of Pinsent Masons - considers Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38

Comcare v Banerji [2019] HCA 23 - freedom of communication

Comensoli v Passas [2019] NSWCATAD 155 - complaint of unlawful homosexual vilification substantiated, respondent to pay the applicant $2,500 as compensation for the harm caused to him

Victorian Building Authority v Andriotis [2019] HCA 22 - construction, mutual recognition

New South Wales law reports, Volume 98(3), August 2019 - in this issue : Banjerjee v Commissioner of Police / Brown v Tavern Operator Pty Ltd / Cisera v Cisera Holdings Pty Ltd / Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd / Hunter Quarries Pty Ltd v Mexon / Melino v Roads and Maritime Services / Moloney v Roads and Maritime Services / Nationwide News Pty Ltd v Vass / Secretary, Department of Family and Community Services v Hayward (a pseudonym) / Stojic v Stojic / Waldron v Joondalup Hospital Pty Ltd

Western Australian reports, Volume 54(2), July 2019 - in this issue : Fremantle Lawyers Pty Ltd v Sarich as executor of the estate of Saric / Presiding Member of the Southern Joint Development Assessment Panel v DCSC Pty Ltd

Criminal law review, Issue 8, 2019 - in this issue : Sentencing mentally ill offenders Nicola Padfield / Private prosecution : a useful constitutional safeguard or a potentially dangerous historical anomaly? Claire de Than and Jesse Elvin / Simplifying the adverse interference direction Jonathan Hall QC / Cleansing the Augean stables : a commentary on the Law Commission's Sentencing Code for England and Wales Julian V Roberts and Umar Azmeh / Cases and comments : Abuse of process - R v LG, Criminal Justice and Public Order Act 1994 s 34 - R v Green (Ricky), Disclosure - R v Simmons (Darren), Householder defence - R v Cheeseman (Steven), Indictment - R v J, R v Toner (Peter), Magistrates' Court - Brown v Director of Public Prosecutions, Mental capacity Act 2005 - R v Kurtz (Emma-Jane), Obstruction of the highway - Director of Public Prosecutions v Ziegler, Road traffic - Richardson v Director of Public Prosecutions, Sentencing - R v Beckford (Marlon Eugene)

Law Institute journal, Volume 93(8), August 2019 - in this issue : Power of association Stuart Webb / Taking the law into their own hands Karin Derkley / LIV calls for 50 mental health fixes Carolyn Ford / LIV optimistic on scheme to wipe criminal slate Karin Derkley / What happened to presumed innocent? Bill Doogue / Justice Jillian Williams / The state of the law Anna Beesley / Data security in practice Adam Wakeling, Molina Asthana and Peter Moran / Grotesquely unreasonable Daniel Butler and Kimberley Noah / The conduct of attorneys Clare Sunderland / Get off my land Phillip Leaman / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Publicity and costs of innocence Gino Dal Pont / Develop the engagement habit LPLC / Nominating a substitute purchaser Russell Cocks / Towards a fairer playing field Jacqueline Van Dort / Biometrics and privacy Sarah Daniell / Price high or low? Peter Moran / Meetings matter Judith Bennett / Gender remains on the agenda Marquita Nolan / Tending to pressing matters Carolyn Ford / Why procrastinate? Converge International / Puzzling pursuit pays off Karin Derkley

LSJ (Law Society journal), Issue 58, August 2019 - in this issue : President's message Elizabeth Espinosa / 'A profession of distinction' : Law Society outlines three-year vision Amy Dale / Six minutes with... Stephanie Lambert Amy Dale / Mind your ethics Paul Monaghan / Experts warn of looming building crisis / Law Society opening doors for Indigenous students / Anxiety and depression rife among small firms / I'm an awful Aboriginal Trent Wallace / At lunch with... Emma Partridge, Senior Crime Editor, Nine News Kate Allman / Tea with a trailblazer Kate Allman / Losing my religion, losing my job? Amy Dale / The trouble with flying solo Sam McKeith / Career matters Melissa Coade (ed) / My first job, Mahamud Hawila, Lawyer, Hunt and Hunt / Reputation v credibility Angela Heise / Career coach Anna Hinder / Water baby Tia Singh / I'll sleep when i'm dead Rachel Setti / Get loose with these essential office stretches Kate Allman / The case that changed me Nadia Kalic / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Bringing robo-debts before the law : why it's time to right a legal wrong Terry Carney AO / Lawcover tips for managing some key risks in litigation practice Janice Purvis and Candice Perriman / Freedom of religion and speech : it's time for a change Emeritus Professor Rosalind Croucher AM / The NSW CTP scheme in practice Belinda Cassidy / Personal property securities : extensions of time for registration Johnson Pang / Going digital : bridging the gap between e-filing, e-discovery and e-trials Jonathan Prideaux / A warning to the legal profession to stamp out sexual harassment Mia Pantechis / Essential concepts for electronic conveyancing Kye Tran-Tsai, Claire Martin and Benjamin Adams / We are all publishers now : ignoring online comments no longer an option Angus MacInnis / Top 5 tips to boost your productivity at work Glenda Carry / What does it mean to be a parent? High Court delivers clarity in sperm donor case Felicity Bell / 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 / Elder law and succession Darryl Browne

Psychiatry, psychology and law, Volume 26(3), June 2019 - in this issue : Bellingham, the assassin of Spencer Perceval : a case of delusional disorder and a missed opportunity for legal reform Kyros C Karayiannis / Financial and caregivers' stressors in Australian law students - a qualitative analysis Fiona Burns, Nerissa L Soh, Rita Shackel and Garry Walter / Psychological reports for sentencing juveniles in Australian courts Debra Bycroft, Greg E Dear, Deirdre Drake / The extension of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 to the Children's Court : opportunities and shortfalls Katinka Morton, Adam Deacon and Danny Sullivan / When psychological science fails to be heard : the lack of evidence-based arguments in a ministerial report on child sexual abuse Oliver Dodier and Frederic Tomas / Police officers' perceptions of a sex offender registration scheme : identifying and responding to risk Kindalin Brooke Masters and Mark Rhys Kebbell / The role of moral disengagement and cognitive distortions towards children among sex offenders Giulio D'Urso, Irene Petruccelli, Valentina Costantino, Carla Zappulla and Ugo Pace / Instance of online suicide, the law and potential solutions James G Phillips, Kate Diesfeld and Leon Mann / Asking the right questions : examining the efficacy of question trails as a method of improving lay comprehension and application of legal concepts Benjamin Spivak, James R P Ogloff and Jonathan Clough / Towards a national strategy for managing fixated persons in Australia Felcity J Riddle, Matthew Ferriman, David G Farmer and Kym M Baillie / Effects of the presser and legislative criteria in classifying New Zealand's fitness to stand trial court outcomes Khan V Buchwald-Mackintosh, Mei Wah M Williams and Joseph A E Sakdalan / A preliminary investigation on the performance of brain-injured witnesses on target-absent line-up procedures Charlotte Gibert and Dara Mojtahedi

Environment Protection Authority v Hughes [2019] NSWLEC 108 - environmental offences, De Simoni principle

Environment Protection Authority v Mortdale Recycling Pty Ltd [2019] NSWLEC 106 - environmental offences, waste recycling, breach of licence condition

'Fake news': Margaret Cunneen rules out Federal Court or anti-corruption gig by Michael Koziol and Samantha Hutchinson of The Sydney Morning Herald

Lady Chatterley's legal case : how the book changed the meaning of obscene by Catherine Baksi of The Guardian

National security being used to stifle public interest journalism, former judges warn by Christopher Knaus of The Guardian

Packed lunches not a right in Italian schools, court rules from BBC News

What is facial recognition - and how sinister is it? by Ian Sample of The Guardian

AI regulation : the push for Australian standards by Meaghan Powell and Lesley Sutton of Gilbert + Tobin - examines the prospect of regulation of artificial intelligence in Australia

The case for a Federal Royal Commission in relation to the Murray-Darling Basin Plan by Dr Joseph Monaghan of Holding Redlich - contends that there should be a Royal commission into the Murray-Darling Basin Plan

Gambling with your property rights : a review of recent cases in property law by Joshua Knackstredt and Michael Connor of Greenway Chambers - considers property issues ranging from indefeasibility under the Torrens Title system, to caveats and the concept of legal tender under sale of land contracts

Industrial manslaughter laws in Australia by Julia Sutherland, Emma Chamizo, Georgia Cain, Shakira Harrison and Lauren Satill of Ashurst - examines industrial manslaughter laws

It's finally here - draft Bill extending unfair contract terms to insurance contracts by Mandy Tsang and Travis Toemoe of King and Wood Mallesons - examines the exposure draft of the Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019 (Cth)

Law Report (ABC) for 30 July presented by Damien Carrick - Who judges the judges?

US Supreme Court classifies ban on registering 'scandalous trade marks' as a freedom of speech violation by Helen Kavadias and Laksha Prasad of HWL Ebsworth - considers Iancu v Brunetti No. 18–302, 588 U.S. _ (2019)

Using the law as a tool for social and climate justice presented by Jen Robinson at the University of Sydney - examines using the law for positive social change

Workplace surveillance evidence and unfair dismissal : can big brother be (illegally) watching? by Nicola Martin of McCabe Curwood - considers Krav Maga Defence Institute Pty Ltd t/a KMDI v Saar Markovitch [2019] FWCFB 263