The Library Bulletin

In progress

Fines Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 31 July 2019

Planning Legislation Amendment Bill 2019 - in Legislative Council, to be reported, 31 July 2019

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 1 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 1 August 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 1 August 2019

Negatived

Parliamentary Budget Officer Amendment Bill 2019 - negatived, 1 August 2019

AIAL forum, Issue 95, July 2019 - in this issue : Recent developments Katherine Cook / The High Court's decision in Burns v Corbett : consequences, and ways forward, for State tribunals Anna Olijnyk and Stephen McDonald / The application of the 'duty to inquire' to the Australian Financial Complaints Authority Dr A J Orchard / Is 'sunsetting' limping off into the sunset? : recent developments in the regime for sunsetting of Commonwealth delegate legislation Stephen Argument / 10 years post Byrne v Marles : reflections on the purpose of procedural fairness in a regulatory context Caroline Morgan

Australian law journal, Volume 93(7), July 2019 - in this issue : Current issues Dr Nuncio D'Angelo (ed) Climate change and the law, ASIC and APRA's changed attitudes to enforcement, Review of franchising law, Politics and the rule of law, Arbitration clauses and the High Court, The ongoing saga of an implied duty of good faith in contracts, Religious freedom : a follow-up, A new international law editor for the journal / The curated page Alexie Glass-Kantor / Around the nation : Victoria Justice Clyde Croft AM (ed) Amendments to the International Arbitration Act 1974 (Cth) Clyde Croft / Family law Richard Ingleby (ed) What if Mrs Jennings or Mr Stanford were worth $20,000,000? Richard Ingleby / International focus Professor Stuart Kaye (ed) Australia and Timor-Leste Conciliation and Maritime Boundary Treaty Stuart Kaye / Admiralty and maritime Dr Damien J Cremean (ed) Pollution of the seas and admiralty Damien J Cremean / Competition and consumer law John Kettle (ed) Competitive neutrality, state aid and Australia - worth reconsidering? John Kettle / Personalia Emily Vale (ed) New South Wales - Justice Lea Armstrong, Justice Andrew Bell, Justice Patricia Henry, Queensland - Justice Elizabeth Wilson / Recent cases Ruth C A Higgins (ed) Representative proceedings - part IVA of the Federal Court of Australia Act 1976 (Cth) - constitutional law - judicial power - whether power to make common fund order part of or incidental to exercise of judicial power by the court - constitutional law - acquisition on just terms - Westpac Banking Corp v Lenthall [2019] FCAFC 34, Constitutional law - separation of powers - acquisition of property - whether common fund order contrary to separation of powers - whether common fund order acquisition of property other than on just terms - representative proceedings - common fund order - Brewster v BMW Australia Ltd [2019] NSWCA 35 Ruth C A Higgins / Enforcement of foreign judgments : does an issue estoppel arise from a foreign court's determination of its own jurisdiction? Dan Butler / "Seeking equal dignity without discrimination" - the Australian Human Rights Commission and the handling of complaints Emeritus Professor Rosalind Croucher AM / Alternative facts in the courts The Hon Justice Stephen Gageler AC / Exploring new and old ideas about estoppel and election The Hon K R Handley QC / Obituary - Emeritus Professor Michael Coper AO, FAAL Professor George Williams AO

Brief, Volume 46(6), July 2019 - in this issue : President's report Greg McIntyre SC / Editor's opinion Jason MacLaurin / Ethics and the media Craig Slater / Opinion piece : Free press is key to our democracy Arthur Moses SC / New whistleblowing laws : risks, policies and changes explained Messina Angelis / Interview with the Hon Justice Gail Sutherland Chief Judge of the Family Court of Western Australia Chloe Samuels / How family violence impacts on property settlement proceedings Dianne Caruso and Simon Creek / welcome to the Honourable Justice Jenni Hill / D v Edgar [2019] WASC 183 Lexi Lachal / Working with elderly clients Susan Fielding / 2019 WA arbitration report Brian Millar and Scott Ellis / The Federal and State courts on constitutional law : the 2018 term Justice Mark Moshinsky / Young lawyers case notes Jack Carroll / Land tax payable when exclusive possession arises as a result of a Crown lease of national park lands used for public recreational purposes Clare Thompson / Compromising the essential dignity of each individual Gino Dal Pont / The Geoff Ajduk memorial prize Magistrate Stephen Vose / Gosnells Community Legal Centre's principal solicitor Linda Saverimutto retires after 28 years of dedicated service to the local community / Family law case notes Robert Glade-Wright / The tale of the sorrowful shopkeeper John McKechnie QC

Cambridge law journal, Volume 78(2), July 2019 - in this issue : Case and comment - Reckoning with British colonialism : the Chagos Advisory opinion Fernando Lusa Bordin, Formalism and realism in campaign finance law Jacob Eisler, Legitimate expectation : reliance, process, substance Mark Ellicott, Deception and consent to sex Rachel Clement, Interpretation and implication in the supreme court Paul S Davies, Isn't Brexit frustrating William Day, (Net) curtains for modern architecture? Privacy, nuisance and human rights Jonathan Morgan, What delimits equitable relief from forfeiture? P G Turner, Cakes in the supreme court Sarah Fraser Butlin, Citizenship and incremental convergence with fundamental rights? Angela Ward and Jacquelyn MacLennan / Parental rights, best interests and significant harms : who should have the final say over a child's medical care? Cressida Auckland and Imogen Goold / EU agencification and the rise of ESMA : are its governance arrangements fit for purpose? Elizabeth Howell / Malice as an ingredient of tort liability John Murphy / Challenging conceptions of accessory liability in private law Pauline Ridge and Joachim Dietrich / Recognising a privacy-invasion tort : the conceptual unity of informational and intrusion claims Paul Wragg

Commonwealth law bulletin, Volume 44(2), June 2018 - in this issue : Two steps forward and ten steps backwards : a retreat from shareholder value primacy, stakeholder theory, creditors and directors duties in the Commonwealth Caribbean Taneisha P Brown / Constitutionality of 'bride price' in Nigeria : echoes from the Supreme Court of Uganda Samuel Ihuoma Nwatu and Edwin Ifeanyi Nwogugu / Private prosecution in Singapore : understanding locus standi and measures in place to minimise abuse Jamil Ddamulira Mujuzi / Enforceability of foreign copyright in Nigeria : a review of the court of appeal's decision in Microsoft v Franike Cynthia Onyinyechi Igodo / Privacy in Commonwealth Caribbean law : emerging trends in the protection of sexual citizenship Westmin R A James / Need for standardizing performance evaluation criteria for judicial magistrates in India Geeta Oberoi / Bermuda triangle : the Supply of Services (Implied Terms) Act 2003 and the competing theories of exemption clauses Juliette McIntyre

Conveyancer and property lawyer, Issue 2, 2019 - in this issue : Proprietary estoppel : the law of farms and families Martin Dixon / Sit up and take notice Russell Hewitson / Remedial consistency and constructive trust claims Peter Jaffey / Violating the enjoyment of a licence : a new tort? Adam Baker / Severance by unilateral declaration : lessons from Singapore Alvin W-L See / Acquiring property rights ex turpi causa Michael W Poulsom / Commons and town and village greens : the give and take principle : TW Logistics Ltd v Essex CC Alec Samuels / FJM v United Kingdom : the taming of Article 8? Jenny Boddy and Lewis Graham / Adverse possession by a registered proprietor and its implications for rectification : Farakh Rashid v Teyub Nasrullah (acting as executor of the estate of the law Mohammed Rashid) Christopher Pulman / Testing times for attestation : Payne v Payne Brian Sloan

Criminal law review, Issue 7, 2019 - in this issue : Forensic science is in trouble Nicola Padfield / The common sense and complications of general deterrent sentencing Andrew Ashworth / Not so clear cut : the lawfulness of body modifications Samantha Pegg / The discussion of ground rules issues in pre-trial preparation for vulnerable witnesses in English Crown courts Hayden M Henderson, Michael E Lamb and Angela Rafferty QC / Case note - R v Ismail (Yahye) / Assault of police officer in the execution of duty - Dixon v Crown Prosecution Service / Data protection - Shepherd v Information Commissioner / Joint enterprise - R v Dreszer (Kamil) / Judicial review - R (on the application of Parashar) v Sunderland Magistrates' Court / Proceeds of crime - R v Fulton (Gary Peter) / Sentencing - R v Rawlinson (Shaun), Attorney General's Reference (R v Lewis (Daniel William Angus))

Proctor, Volume 39(7), August 2019 - in this issue : Our young female profession : and the challenges of technology Bill Potts / Court address noncompliance Michael Connor / Bill seeks end to claim farming / Update : answers from the High Court / QLS welcomes appointment of Chief Magistrate / It takes a village... to raise a career Sarah-Elke Kraal / Court out : the decline of accurate news reporting Tony Keim / Life after death : providing hope for shattered lives or creating a lifetime of unintended consequences Tony Keim / Race against time to preserve life's essence David Riwoe / For the love of.. gametes Stephen Page / A lesson in privacy compliance : fingerprint scans point to unacceptable employer practices Giri Sivaraman and Paloma Cole / Your growing profession : national study profiles lawyers across Australia / Is big law failing our professional colleagues? Travis Schultz / The rise of small and micro firms - are lean times ahead? Travis Schultz / An update : sexual harassment in the profession Bridget Burton / What you need to plead : allegations require a reasonable basis Kylie Downes QC and Maxwell Walker / Would you trust AI with a scalpel? And how should it be regulated? Ivy Shi / Herding cats : dealing with recalcitrant executors and double probate Christine Smyth / High Court confirms sperm donor as parent Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / Can our office go paperless? Magistrate Terrence Browne, Tony Deane, Steven Tyndall and Caroline Hart

Northern Territory law reports, Volume 37(1-3), July 2019 - in this issue : Alderson v Northern Land Council / Alice Springs Town Council v Watts / Attorney-General (NT) v Legal Practitioner / Bann v Frew / Bassett v Bassett / Campbell v Arnold / connair Pty Ltd v Frederiksen / Court v Arnold / Dalywater v Dalywater / Davidson v Board of Territory Insurance Office / Day and Dent Constructions Pty Ltd (in liq) v North Australian Properties Pty Ltd (in prov liq) / Fry v Jennings / Godhino v Willard / Griffiths v Errington / Lombardo Marine Group Pty Ltd v Goldsworthy / Milingimbi Community Inc v Fazlic / Mobasa Pty Ltd v Nikic / Munn v Trippe / Patsalidies v Magoulias / Prus-Grzybowski v Everingham / R v Coburn; Ex parte Formin / R v Mackie / R v Martin; Ex parte Aboriginal Sacred Sites Production Authority / Sesar v Haymon / Tarry v Pryce (No 2) / Tippett v Murphy / TNT Bulkships Ltd v Hopkins (No 1) / Wilhelmsen v Frew / Zabic v Nabalco

Northern Territory law reports, Volume 38(1-3), July 2019 - in this issue : Chamberlain, Re Convictions of / Enterprise Gold Mines NL v Mineral Horizons NL / Green v The Queen / Heller Financial Services Ltd v Solczaniuk / Jabarula v Bell / Jabarula v Poore / Lackersteen v Jones / Limbo v Little / M (a juvenile) v Waldron / Nicholls v Thiel / O'Neil v Acott / R v Bird / R v Jabalthari / Sharples v Northern Territory / TNT Bulkships Ltd v Hopkins (No 2) / White Constructions (NT) Pty Ltd v Mutton

South Australian state reports, Volume 132(2), July 2019 - in this issue : Chadrysiak v Commissioner of Highways / R v Buckingham / R v C, S / R v Hamnett / R v Hayles / R v Moore-McQuillan / R v Pali / R v Valesic

State reports (Western Australia), Volume 97(1), July 2019 - in this issue : Jashan Technology Pty Ltd v Phoenix Properties International Pty Ltd / Radha Soami Satsang Beas Australia Pty Ltd v City of Swan / Warr v Town of Cambridge

Western Australian reports, Volume 54(1), July 2019 - in this issue : East Metropolitan Health Servce v Popovic as executrix of the will of Popovic / Osborne Park Commercial Pty Ltd v Miloradovic

The Department of Treasury has released an Exposure Draft Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019 (Cth).

Submissions on the Bill are invited. The deadline for submissions is 28 August 2019, see details here.

Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98 - compulsory acquisition, compensation

CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129 - migration, separate claims by mother and son, alleged failure to separately consider the son's claims

Hutchinson v Comcare (No 4) [2019] FCA 1133 - human rights, requisite elements of Public Interest Disclosure Act 2013 (Cth) s 13 (protection from reprisals)

NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182 - planning and environment, comparison of (former) s 97 and current s 8.7 of Environmental Planning and Assessment Act 1979 (NSW)

Roach v R [2019] NSWCCA 160 - crime, fraud

Tran v Minister for Home Affairs [2019] FCA 1126 - migration, partner visa, "whether parties in a genuine spousal relationship "

Conversations (ABC) presented by Sarah Kanowski - Against the death penalty : barrister Julian McMahon

Hidden women of history : Flos Greig, Australia’s first female lawyer and early innovator by Renee Knake of University of Houston and RMIT University on The Conversation AU - examines the life of Grata Flos Matilda Greig

Interpreting Section 39 of the Workers Compensation Act 1987 by Brad Quillan, Jenne Tzavaras and Amy Corry of HWL Ebsworth - considers Technical and Further Education Commission t/as TAFE NSW v Whitton [2019] NSWWCCPD 27 and weekly payments of compensation

Landmark compulsory acquisition decision in the NSW Land and Environment Court by Nicholas Brunton, Anneliese Korber and Mollie Matich of Norton Rose Fulbright - considers Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98

Law Report (ABC) for 23 July presented by Damien Carrick - Youth justice, Maori style

PopLaw Podcast Episode 65 - Peloton vs The Music Industry - hosts Desiree Talley and Tyrone Scott consider Peloton litigation related to the fitness company not clearing the music they use for their fitness program and equipment

The New South Wales Legislative Assembly Committee on Environment and Planning will inquire into and report on the sustainability of energy supply and resources in New South Wales, for details see here.

Submissions are invited, the deadline is 15 September 2019.

The New South Wales Department of Communities and Justice is seeking submissions on adopting a mandatory reporting scheme for data breaches.

See details here.

The deadline for submissions is 23 August 2019.

Bowraville murders : legal groups oppose changes to double jeopardy laws in NSW by Melissa Martin and Kathleen Calderwood of ABC News

In the era of smartphone apps that allow you to spy on your home remotely, what are the legalities? by Kathy Sundstrom and Robert Blackmore of ABC News

Non-lawyers should be barred from AAT, former High Court judge says by Michaela Whitbourn of The Sydney Morning Herald

US state set to outlaw calling a veggie burger a veggie burger by Luke O'Neil of The Guardian

Federal Court reports, Volume 262(2), July 2019 - in this issue : Australian Competition and Consumer Commission v Yazaki / Chhua v Federal Commissioner of Taxation / Taxation, Federal Commissioner of v Sharpcan Pty Ltd

Federal Court reports, Volume 262(3), July 2019 - in this issue : AYX17 v Minister for Immigration and Border Protection / EVA17 v Minister for Immigration and Border Protection / Spencer v Commonwealth

Federal Court reports, Volume 262(4), July 2019 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) / Customs, Comptroller-General of v Pharm-A-Care Laboratories Pty Ltd / One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union / SZQVV v Minister for Immigration and Citizenship / Verma v Minister for Immigration and Border Protection

Alternative law journal, Volume 44(2), 2019 - in this issue : Mental health treatment and human rights Ian Freckelton QC / The controversial case of Lawyer X : should lawyers be prevented from acting as human sources? Elyse Methven / Mental health courts : providing access to justice for people with mental illness and cognitive impairments Liz Richardson / 'I'll just Google that!' Online searches and the post-separation family law information experience Jonathan Crowe, Rachael Field, Lisa Toohey, Helen Partridge and Lynn McAllister / The cashless debit card and rights of persons with disabilities Shelley Bielefeld and Fleur Beaupert / Welfare meeting financial services : the cashless debit card dichotomy Marina Nehme / 'It's easy to say "don't sign anything"' : debt problems among recent migrants from a non-English-speaking background Evgenia Bourova, Ian Ramsay and Paul Ali / Nanomedicine regulation in Australia Mia M Rahim / Criminalising infection : questioning the assumption that transmitting HIV constitutes grievous bodily harm Thomas Poberezny-Lynch / Lost in translation : gaps between law and practice in customer-perpetrated sexual harassment Hannah Walker, Patricia Easteal, Allison Ballard and Karen Blake / Are we reading enough crime? Examining the content and depth of criminal law courses Helen Gibbon and Alex Steel / The rule of law, arbitrariness and institutional virtue Keith Thompson / Lawyers as human sources? Robert Corr / Girlie down under / Our choice Paul Babie

Civil justice quarterly, Volume 38(3), 2019 - in this issue : The perils of peer review - can the process be improved? Andrew Higgins and Inbar Levy / UK Supreme Court rules that English companies can be sued for actions of foreign subsidiaries in the interests of "substantial justice" : Vedanta Resources v Lungowe [2019] UKSC 20 Suzanne Chiodo / Finality and judgments obtained by fraud : Takhar v Gracefield Developments Ltd [2019] UKSC 13 Harry Stratton / A priceless victory for consumers : the court of appeal revitalises competition law's collective actions : Merricks v Mastercard [2019] EWCA Civ 674 Jack Williams and Alan Bates / Abuse of process : tactical litigation involving multiple proceedings in multiple jurisdictions results in permanent stay : UBS AG v Tyne [2018] HCA 45 Christopher Murphy / Improving procedural fairness in housing possession cases Dr Lisa Whitehouse, Professor Susan Bright and Professor Mandeep Dhami / Judicial policy, public perception, and the science of decision making : a new framework for the law of apprehended bias Andrew Higgins and Inbar Levy / The current scope of the regulatory regime of the Association of Litigation Funders - what is in and what is out in light of recent changes Mark Baldock

Public law, July 2019 - in this issue : The Prince of Wales at 70 and the survival of the monarchy Robert Blackburn QC / The Venice Commission and the rule of law crisis Richard Clayton QC / From early resolution to conceptual confusion : R (on the application of Gallaher Group Ltd) v Competition and Markets Authority Hayley J Hooper / Proceedings in parliament Graeme Watt / The implementation of the Convention on the Rights of the Child in Nigeria Muyiwa Adigun / Compounding vulnerability and concealing unfairness : decision-making processes in the UK's anti-trafficking framework Samantha Currie / Building on the past, understanding the devolution process : a housing case study Steffan Evans / A different tale of judicial power : administrative review as a problematic response to the judicialisation of tribunals Robert Thomas and Joe Tomlinson / Privacy at the intersection of public law and private law Jelena Gligorijevic / Current survey

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100 - environmental offence, water pollution

Fairfax Media Publications Pty Ltd v Gayle; The Age Company Pty Ltd v Gayle; The Federal Capital Press of Australia Pty Ltd v Gayle [2019] NSWCA 172 - defamation

Martin v Norton Rose Fulbright Australia [2019] FCA 1101 - practice and procedure, former Norton Rose Fulbright Australia partner granted leave to appeal ruling in his dispute with the law firm that denied him access to communications between partners on the grounds that the documents were privileged

Are cryptocurrencies considered 'property' for legal purposes? by Tal Williams of Holman Webb - considers B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03

Delegated legislation : flexibility at the cost of scrutiny? by Chris Angus of the NSW Parliamentary Research Service - considers use of delegated legislation in New South Wales

Law Pod UK Ep 87 : Catching cross-border criminals - Rosalind English and Catriona Murdoch discuss a new app designed to help professionals in the investigation of international crimes

Law Report (ABC) for 16 July presented by Damien Carrick - Inside Auckland’s Youth Detention Centre

Navigating split dispute resolution clauses – where's Google Maps when you need it? by Nick Rudge, Leighton O'Brien, Julian Berenholtz and Sam Kay of Allens Linklaters - discusses RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd and Anor [2019] VSC 353, building contracts and the need for dispute resolution clauses to be clear and unambiguous

Re-assessing the value of Facebook for business in Australia : heightened risk in operating public pages by Lisa Fitzgerald, Madeleine Griffiths and Alicia Bray of Holding Redlich - considers the risks for businesses in operating public Facebook pages and the decision in Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766

Serious misconduct : a salutary reminder by Ross Jackson of Maddocks - considers Trudi Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks Proprietary Limited [2019] FWC 1132 (note the link to the appeal decision at the top of this decision)

The UNCITRAL Model Law on Cross-Border Insolvency : neither a law nor much of a model by Professor Martin Davies, Tulane University Law School (New Orleans) at the University of Sydney - analyses the UNCITRAL Model Law on Cross-Border Insolvency

Blogger uses obscure law to successfully sue One Nation senator Malcolm Roberts over dual citizenship by Annie Gaffney of ABC News

Carter's quiet revolution by Mark Joseph Stern of Slate

Lawyers warn legal aid at breaking point after NSW murder trial derailed by Christopher Knaus of The Guardian

Washington State Supreme Court's ruling of obesity as a disability opens further conversation by Sarah Kim of Forbes

Who protects the Apollo sites when space law says no-one owns the Moon? by Belinda Smith of ABC News

Australian insolvency law (4th ed) / Christopher F Symes and John Duns

Brownlie's principles of public international law (9th ed) / James Crawford

Drafting trusts and will trusts : a modern approach (14th ed) / James Kessler and Charlotte John

Environmental law in Australia (10th ed) / Gerry Bates

Interpretation of testamentary documents / G E Dal Pont

Legal tech, smart contracts and blockchain / Marcelo Corrales, Mark Fenwick and Helena Haapio (eds)

Military law in Australia / Robin Creyke, Dale Stephens and Peter Sutherland (eds)

Negligence and illegality / Sharon Erbacher

District court law reports, Volume 28(2), July 2019 - in this issue : Alsuleiman (by her tutor Haimour) v George (No 2) / Alsuleiman (by her tutor Haimour) v George (No 3) / Andromedas v Truong (No 2) / Burkitt v Ultimate Car Rentals Australia Pty Ltd / de Jong v Workers Compensation Nominal Insurer / Foster Carer, A v Department of Family and Community Services (No 2) / Mal Owen Consulting Pty Ltd v Ashcroft (No 2) / Nasih v Nguyen / Qiang v Raxigi Pty Ltd t/as V Hovanessian and Associates / SafeWork NSW v Investa Asset Management Pty Ltd

Building and Construction Industry Security of Payment Amendment Act 2018 - 21 October 2019 appointed as the day on which the Act commences

Justice Legislation Amendment Act (No 3) 2018 - 26 July 2019 appointed as the day on which Schedule 1.17 [1] and [4] to the Act commence

Sydney law review, Volume 41(2), June 2019 - in this issue : Exploring the boundaries of compensation for misleading conduct : the role of restitution under the Australian Consumer Law Elise Bant and Jeannine Marie Paterson / Finality and fairness in Australian class action settlements Michael Legg and Samuel J Hickey / Why we use private trust in Australia : the income tax dimension explained Alex C Evans / Discharged contracts ad quantum meruit : Mann v Paterson Constructions Pty Ltd John Eldridge and Timothy Pilkington / Hossain v Minister for Immigration and Border Protection : a material change to the fabric of jurisdictional error? Courtney Raad / Are human rights enough (in Australia)? Dylan Lino

Feedback is being sought on the proposed Residential Tenancies Regulation 2019 (NSW).

See information about the Regulation here.

The deadline for feedback is 2 August 2019 at 5 pm.

Medium neutral citations are court assigned unreported citations in the format -

Case name [Year] Unique court identifier Case number

e.g.

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2019] FCAFC 83

The citation is constant irrespective of publishing medium.

Medium neutral citations should only be used where the citation was allocated by the court, otherwise citations should be in the format -

Case name Court Judge(s) Full date Pinpoint

e.g.

Rickard v Dunlop Olympic Limited and Anor (Supreme Court of New South Wales, Hunt J, 8 July 1983)

Medium neutral citations for most Australian courts have existed since the late 90s, see page 55 of the Australian guide to legal citation (4th ed) for specific details.

Capital punishment in our region by Nigel Brew in Parliament of Australia Flag Post - examines capital punishment in the region

The cartoonists' guide to law : the D'Angelo Law Library's new collection of illustrated legal codes offers insight into statutes and society by Becky Beaupre Gillespie of he University of Chicago Law School - analyses some French cartoons that depict involuntary manslaughter

The EPBC Act Musical – time for the next part or a sequel? by Anna Vella and Aaron Beale of King and Wood Mallesons - considers the Environment Protection and Biodiversity Conservation Act 1999 (Cth) which is due for its 10 year review

Identity at the touch of a button : the rise of digital identity by Kirish Kularajah and Sophie Tversky of Gilbert + Tobin - examines digital identity

Law Report (ABC) for 9 July presented by Damien Carrick - Can the law help reduce the risk of suicide for international students?

The laws of gods and men : when commercial disputes must be in the domain of secular courts by Andrew Lacey of McCabe Curwood - considers Live Group Pty Ltd and Anor v Rabbi Ulman and Ors [2017] NSWSC 1759, Live Group Pty Ltd & Anor v Rabbi Ulman and Ors [2018] NSWSC 393 and Ulman v Live Group Pty Ltd [2018] NSWCA 338

Responses to the government White paper on online harms and the 'right to be forgotten' presented by Damian Tambini of London School of Economics and Roxana Radu of University of Oxford Law Faculty - considers the UK Government's white paper

Tribunal’s hands tied when it comes to tenants by Elly Ashley and Yunsi Feng of Holding Redlich - considers Feletti v Eales [2019] NSWCATAP 100

What is a 21st century family?, Lady Hale at the International Centre for Family Law, Policy and Practice - examines the concept of family

Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 - human rights, discrimination in provision of education

Australian Competition and Consumer Commission v Woolworths Limited [2019] FCA 1039 - consumer law, nature of representations of "biodegradable and compostable" made on labelling of disposable dish and cutlery products sold by respondent, whether representations were as to "future matters" within meaning of s 4 of the Australian Consumer Law, misleading or deceptive conduct

Birner v Aircraft Turnaround Engineering Pty Ltd [2019] FCA 1085 - "meaning of 'casual full-time basis' in letter of employment"

Brighten v Traino [2019] NSWCA 168 - expert evidence, psychometric testing

Hallaby v Local Court of New South Wales [2019] NSWSC 840 - judicial review, "whether the Magistrate misconstrued ss 214(1)(b) and 214(1)(d) of the Criminal Procedure Act 1986 (NSW) and thereby misconceived the nature of his function"

Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1061 and Baron v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1062 - representative proceedings, two class actions with substantially the same claims and causes of action, whether Cooperative Case Management orders should be made

See papers here from the inaugural Global Conference for Media Freedom held in London from 10 to 11 July.

The Parliamentary Joint Committee on Intelligence and Security is conducting an Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press, see information here.

Submissions are requested by 26 July 2019.

New South Wales law reports, Volume 98(2), July 2019 - in this issue : Choy v Tiaro Coal Ltd (in liq) / Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd / Hoang v R / Isaac v Dargan Financial Pty Ltd / LP v P / New South Wales, State of v Thomlinson / Obeid v Lockley / Pacific National Pty Ltd v Baldacchino / State Revenue, Chief Commissioner of v Boss Constructions (NSW) Pty Ltd

State reports (Western Australia), Volume 96(6), July 2019 - in this issue : Bestry Property Group Pty Ltd v Western Australian Planning Commission / Johnston v Director General, Department of Communities / Re SM

Western Australian reports, Volume 53(6), June 2019 - in this issue : Erujin Pty Ltd v Jacob / Scutti v City of Wanneroo