The Library Bulletin

Law quarterly review, Volume 135, July 2019 - in this issue : Derivative actions : a framework for decisions John Armour / Consumer protection and the court's role in shaping the bank-customer contract Sandra Booysen / The nature of the beneficiary's right under a trusts : proprietary right, purely personal right or right against a right? Elena Christine Zaccaria / Rationalising omissions liability in negligence Sandy Steel

Modern law review, Volume 82(4), July 2019 - in this issue : Constitutional directives : morally-committed political constitutionalism Tarunabh Khaitan / Just cognition : scientific research on bias and some implications for legal procedure and decision-making Gary Edmond and Kristy A Martire / From global to anthropocenic assemblages : re-thinking territory, authority and rights in the new climatic regime Daniel Matthews / Thinking outside the box - eliminating the perniciousness of box-ticking and the new corporate governance code Bobby V Reddy / Reconsidering transferred loss Andrew Trotter / Dryden v Johnson Matthey : the boundaries of actionable damage Jarret J Huang

Australia's anti-encryption laws being used to bypass journalist protections, expert says by Josh Taylor of The Guardian

Blair Cottrell moves to appeal conviction over mock beheading video by Lisa Martin of The Guardian

Emojis are increasingly coming up in court cases. Judges are struggling with how to interpret them by Samantha Murphy Kelly of CNN

Encryption laws developed after little consultation with Australian tech companies, FOI documents reveal by Ariel Bogle of ABC News

Google listens to user speaker recordings from SBS News

'Google's power is extraordinary' : businesses turn to the courts over bad reviews by Josh Taylor of The Guardian

Indigenous workers receive $190m stolen wages settlement from Queensland government from The Guardian

'No intention' to reduce number of jury trials in NSW : Chief Judge by Michaela Whitbourn of the Sydney Morning Herald

Companion Animals and Other Legislation Amendment Act 2018 - Assented to 15.6.2018. Date of commencement, except Schs 1 [1]–[5] [7] [8] [10] [12]–[15] [17] and [19]–[22] and 2 [3] and [8]–[11], 1.7.2019, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Sch 1 [1]–[5] [7] [8] [10] [14] [15] [17] and [19]–[22], 31.8.2018, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Schs 1 [12] and [13] and 2 [3] and [8]–[11], 1.7.2018, sec 2 and 2018 (301) LW 29.6.2018.

State Revenue and Other Legislation Amendment Act 2019 - Assented to 1.7.2019. Date of commencement Sch 4 excepted, 1.7.2019, sec 2 (1); date of commencement of Sch 4, assent, sec 2 (2).

Albany Regional Prison's dog training program is creating better pets and better people by Ellie Honeybone on ABC News

Top NSW judge Graeme Henson puts a spotlight on mental health in the legal profession by Jamelle Wells on ABC News

Will California’s new bot law strengthen democracy? by Noam Cohen on The New Yorker

Current challenges to international justice : lean in or leave? presented by Leila Nadya Sadat, James Carr Professor of International Criminal Law and Director of the Whitney R Harris World Law Institute - examines international justice

Did you hear? The Court of Appeal dismisses the employer’s application for leave in an industrial deafness claim by Michael Poulos of McCabe Curwood - considers Bluescope Steel (AIS) Pty Ltd v Sekulovski [2019] NSWCA 136

Human rights and the environment, Lord Carnwath at the Institute of International and European Affairs, Dublin - examines human rights and the environment, including a human rights challenge by the Torres Strait Islands against the Australian Government for not doing enough to protect their interests, either by adopting sufficiently rigorous greenhouse gas targets, or funding adequate coastal defences

Insolvent trusts – getting your priorities straight by Scott Butler, Ann Watson, Aleksandra Symenovych and Michael Maconochie of McCullough Robertson - considers Carter Holt Harvey Woodproducts Australia v Commonwealth of Australia & Ors [2019] HCA 20

Key case considers important trademark issues by Howard Rapke and Nicola McGrady of Holding Redlich - considers Australian Meat Group Pty Ltd v JBS Australia Pty Limited [2018] FCAFC 207

Law Report (ABC) for 3 July presented by Damien Carrick - A selfie, credit card and CCTV : a burglar's digital trail

Masson v Parsons by Katy Barnett on Opinions on High (High Court Blog) - considers the decision in Masson v Parsons [2019] HCA 21

Women's rights worldwide, Lady Hale at the Grotius Lecture, Bank of England, London - examines women's rights

Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2019] FCA 992 - misleading and deceptive conduct, flushable wipes

Ward v Allianz Australia Services Pty Ltd [2019] NSWDC 293 - workers compensation, intentional tort, defendant's responsibility for employee’s deliberate conduct, liability in negligence

Australian bar review, Volume 47(2), May 2019 - in this issue : Barwick today R V Gyles / Sir Garfield Barwick address 2018 Ian D F Callinan / A comparison between discrimination under the general law and discrimination in the Australian Constitution David Bennett / Are you sure? James Allsop, Max Coltheart, Robert French and Kerrie Mengersen / The role of equity in 21st century commercial disputes - meeting the needs of any sophisticated and successful legal system Mark Leeming / The offence of sedition : its history, its current status in Australian and international law, and its constitutionality Anthony Gray / Contracting out of statutory prohibitions against misleading or deceptive conduct Richard Scruby

Australian law journal, Volume 93(6), June 2019 - in this issue : Current issues Justice Francois Kunc (ed) Vale Emeritus Professor Michael Coper AO FAAL, Social media law reform in response to killings in Christchurch, Family law developments, Religious freedom remains topical, Alleged breach of suppression orders pursued Justice Francois Kunc, Family law for the future - a "radical" recommendation Hon Justice SC Derrington, A note from the Independent National Security Legislation Monitor Dr James Renwick CSC SC, The curated page Alexie Glass-Kantor / Letter to the editor Hon Ian Holloway PC QC / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Fixtures and Forge Christopher Pearce, Valuable, invaluable or unvaluable? The High Court on Native Title compensation Brendan Edgeworth / Class actions Justice Michael B J Lee (ed) Looking into the fishbowl - open justice and federal class action settlements Vince Morabito / Around the nation : Australian Capital Territory Justice David Mossop (ed) Justice David Mossop / Corporations and securities Jason Harris (ed) The changing landscape of corporate fundraising Jason Harris / Personalia Emily Vale (ed) Commonwealth - Justice Paul Anastassiou, Justice Michael Wheelahan Emily Vale, New South Wales : The Hon Margaret Joan Beazley AO QC The Hon Justice John Basten / Statistics on trial Professor John S Croucher AM / Limitation of actions and specific performance Perry Herzfeld / Liability of educational institutions for child abuse Jack Maxwell / From Morotai to Manus : the Australian war crimes trials of the Japanese, 1945-1951 and the Australian legal profession Narrelle Morris / Law schools and the burden of bureaucracy : release the yoke (a plea from the coalface). Part 2 : international comparators and a proposal Olivia Rundle and Lynden Griggs

Law Institute journal, Volume 93(7), July 2019 - in this issue : The good fight Stuart Webb / Farewell to the trust account investigators Steven Sapountsis / Minister's bid for corrections Carolyn Ford / Small firms win big Carolyn Ford / Supporting practitioners to do the right thing / Where professional privilege is blurred Nareeda Lewers / Justice Paul Anastassiou Stuart Webb / Beds are burning Megan Thorburn / Forfeiting your right Michael Wise QC / When three's a crowd Charles Noonan / In confidence Jayr Teng / Lowering the bar of admissibility Anthony Berger / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme court judgments Professor Greg Reinhardt / Do they have the authority Legal Practitioners' Liability Committee / Have your say on committal hearings VLRC / Working order conditions Russell Cocks / New powers to target corporate wrongdoing John Price / Meet Josef Peter Morgan / Investing in access to justice Fiona McLeay / Entitlement to interest on refund of legal costs paid Janine Wirth / Doing super better Andrew Proebstl / Rory's law a winner Carolyn Ford / Beating the winter slump Converge / Game for anything Karin Derkley

LSJ (Law Society journal), Issue 57, July 219 - in this issue : Six minutes with Mitch Wallis / Legal luminaries honoured for Queen's birthday / Year 101 : what next for women in law? / OLSC urges lawyers to disclose harassment and bullying / Report reveals 'widespread' mental health discrimination in travel insurance / Campaign to stop police strip-searching minors / World-first legal battle hopes to save a culture Kirrily Schwarz / At lunch with David Bushby, Managing Director, Incounsel Claire Chaffey / The hidden workplace hazard Kate Allman / So you want to be a politician? Kirrily Schwarz / Families in crisis Amy Dale / Sitting pretty in the workplace / How to command the boardroom Michael Kelly / Chasing the exotic Melissa Coade / Going it alone Angela Tufvesson / The science of recovery Ben Lucas / The case that changed me - Amanda Banton Melissa Coade / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / When it comes to human rights, is it time NSW caught up? Maria Nawaz and Andrew Small / What you didn't know about the landmark Rocky Hill judgment John Watts, Ken Eveleigh, Michael Manikas and Jeff Kite / Substance over form - Fair Work Commission cuts some slack Jack de Flamingh and Chris Bell / Consent, the Privacy Act and biometric scanners in the workplace Athena Koelmeyer and Nicola Josey / Privilege pitfalls : implied waiver in email chains Cynthia Cochrane and Catherine Bembrick / Conflict of interest - do you have a conflict check procedure system? Frances Moffitt / New driving laws : a zero-sum game for NSW John Sutton / Estate planning and superannuation death benefits Darryl Browne / Online court in the District Court of NSW James Howard / Financial regulation and a vulnerable Indigenous community Talitha Fishburn / Advising on the purchase of land? Beware the sting of GST withholding Jim Main / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Wills and estates Darryl Browne

Proctor, Volume 39(6), July 2019 - in this issue : Let the light shine on - honouring the Fitzgerald legacy Bill Potts / Your growing profession - how Queensland stacks up Rolf Moses / In memoriam John Butler / Why you should develop a growth mindset Sheila Kushe / The shadow of the past - does it fall on the present? Bill Potts and Shane Budden / O.I.A - the three letters poorly behaved government officials need to fear Tony Keim / Flying high under the radar Tony Keim / Saving a generation lost in the youth justice crisis Tony Keim / The times change, the suffering remains John Robertson / The state of youth justice Damien Atkinson / Changing the culture of civil litigation - views from the court Justice Peter Applegarth and Julie Ruffin / New exhibition : Overturning terra nullius the story of native title Charla Strelan / Subpoenas : narrowing scope and setting aside Kylie Downes QC and Will LeMass / Fake friends find a flaw - new power of attorney laws may offer a loophole Christine Smyth / Spam to scam - the growth of email fraud Jacob Stacey / Adieu, r 2.11 - publication of notices of winding up applications under the Corporations Act Jessica Lambert and Joelle Lenz / Successive representation - the duty to protect confidences versus the duty to disclose Stafford Shepherd / How to distribute trust property in corporate insolvency Joshua Storey / Court confirms 'interchangable' supervisory terms Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / Basic entitlements - notice of termination and redundancy pay Rob Stevenson

Psychiatry, psychology and law, Volume 26(2), April 2019 - in this issue : Evidence based psychosocial treatments of conduct problems in children and adolescents : an overview Uberto Gatti, Ignazio Grattagliano and Gabrielle Rocca / An analysis of high-risk offending pathways for young females in custody Stephane M Shepherd, Danielle Newton, Cieran Harries, Rebecca L Fix and Rachael Fullam / Perceptions of exonerees in Australia Jane Tudor-Owen, Adrian J Scott, Pamela J Henry and Gregory Stratton / The science behind Bayley v The Queen (2016) Alena Skalon and Jennifer L Beaudry / A pilot study exploring mental health consumers' experiences with the police Lily B Jones and Stuart D M Thomas / Police perceptions of the impact that ADHD has on conducting cognitive interviews with youth Kimberley J Cunial, Leanne M Casey, Clare Bell and Mark R Kebbell / Assessng the risk of Australian indigenous sexual offenders reoffending : a review of the research literature and court decisions Alfred Allan, Catherine L Parry, Anna Ferrante, Christine Gillies, Catherine S Griffiths, Francis Morgan, Caroline Spiranovic, Stephen Smallbone, Hilde Tubex and Stephen C P Wong / A descriptive study of psychosocial characteristics and offense patters in females with online child pornography offences William Bickart, Alix M McLearen, Melissa D Grady and Katie Stoler / Dynamic risk factors, protective factors and value-laden practices Roxanne Heffernan and Tony Ward / Obituary - Philip Damien Cummins Ian Freckelton QC

Safe Work Australia is seeking comments on the recommendations of the Review of the model WHS laws : Final report which was released last December. The deadline for submissions/comments is 5 August 2019.

See information here and the submission page here.

Commonwealth law reports, Volume 263(2), June 2019 - in this issue : Re Culleton (No 2) / Re Day (No 2) / Re Canavan; Re Ludlam; Re Waters; Re Roberts (No 2); Re Joyce; Re Nash; Re Xenophon

English legal history and its sources : essays in honour of Sir John Baker / David Ibbetson, Neil Jones and Nigel Ramsay (eds)

From personal life to private law / John Gardner

Negligence liability of public authorities (2nd ed) / Duncan Fairgrieve and Dan Squires

The office of Lord Chancellor / Diana Woodhouse

Uniform evidence law (14th ed) / Stephen Odgers

The law of reinsurance in England and Bermuda (5th ed) / P T O'Neill and J W Woloniecki

Legal tech : how technology is changing the legal world : a practitioner's guide / Markus Hartung, Micha-Manuel Bues, and Gernot Halbleib

NSW [New South Wales] Civil Procedure Handbook 2019 / John P Hamilton, Geoff Lindsay, Michael Morahan and Carol Webster (eds)

Proclamations commencing Acts

Ageing and Disability Commissioner Act 2019 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Fair Trading Legislation Amendment (Reform) Act 2018 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Paintball Act 2018 No 44 (2019-274) - published on the legislation website 28 June 2019, see proclamation here, and Act here

Bills assented to

Ageing and Disability Commissioner Act 2019 - assented to 25.6.2019. Date of commencement, Part 4 and Sch 1.1 [1] excepted, 1.7.2019, sec 2 (1); date of commencement of Part 4 and Sch 1.1 [1]: not in force.

Appropriation Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Appropriation (Parliament) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Local Government Amendment Act 2019 - assented to 25.6.2019. Date of commencement, Schs 1 [4] and [15]–[20] and 2.2 excepted, assent, sec 2 (1); date of commencement of Schs 1 [4] and [15]–[20] and 2.2: not in force.

"Drink-working" – drugs and alcohol in the workplace by Clare Raimondo, Alice Woods and Michal Bergander-Florek of HWL Ebsworth - considers unfair dismissal and drugs and alcohol in the workplace

Facial recognition technology : a legal challenge in Orwell's backyard by Michael Caplan, Erica Chan and Meaghan Powell of Gilbert + Tobin - considers facial recognition

The future of the NSW Modern Slavery Act is unclear by Lina Fischer, Cilla Robinson and Monique Azzopardi of Clayton Utz - the Modern Slavery Act 2018 (NSW) will not commence 1 July 2019 as anticipated due to "defects" and inconsistencies with the Commonwealth Act

Law Pod UK Ep 84: Widening access at the bar - Jo Moore and Laura Bruce - Emma-Louise Fenelon discusses widening participation at the UK bar with Jo Moore from 1COR and Laura Bruce from the Sutton Trust

Law Report (ABC) for 25 June presented by Damien Carrick - The dog helping survivors give harrowing evidence

Un-becoming a victim : between historic reminder and hallucination, geographical document and childhood memory, collective tragedy and personal healing presented by Sasa Rajsic at the Oxford Transitional Justice Research Seminar Series, University of Oxford

ABC, News Corp to challenge AFP warrants from SBS News

Australia's 'vexatious litigants' are diverse — they include a mass killer and an inventor by Meagan Dillon of ABC News

Candidate weighs up High Court challenge from SBS news

FWO drops legal case against Foodora despite saying it was "important" for courts to consider by Dominic Powell in Smart Company

High Court to determine Aboriginal right to exclude public from popular camping beaches by Ben Collins of ABC News

'Serious concerns' : judge faces scrutiny over alleged unfairness by Michaela Whitbourn in The Sydney Morning Herald

Traumatised police officer takes criminal action after case manager EML dragged out workers' compensation claim by Pat McGrath of ABC News

Australian Competition and Consumer Commission v Birubi Art Pty Ltd (in liq) (No 3) [2019] FCA 996 - "respondent wholesaler engaged in conduct likely or liable to mislead or deceive potential purchasers by implying that five product lines were hand-painted by Australian Aboriginal persons and were made in Australia"

Chief Executive, Office of Environment and Heritage v Traikaero Pty Ltd; Chief Executive, Office of Environment and Heritage v Woods [2019] NSWLEC 90 - sentence, clearing of native vegetation

The Environmental Group Ltd v Bowd [2019] FCA 951 - termination of employment, "where employee reported in a CEO report financial irregularities to the board - where employee made a complaint to the Australian Securities and Investments Commission alleging serious fraud within the company before completion of an audit"

FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 - "whether the meaning of "a national" as appears in the definition of "receiving country" in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status - meaning does not apply in such a circumstance"

Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766 - defamation, media companies found liable for comments posted on their Facebook pages

White v Redding [2019] NSWCA 152 - damages, assessment of non-economic loss

Commonwealth law reports, Volume 263(1), June 2019 - in this issue : Dimitrov v Supreme Court (Vic) / Graham v Minister for Immigration and Border Protection / Te Puia v Minister for Immigration and Border Protection / Thorne v Kennedy / Trkulja v Google LLC

Federal Court reports, Volume 262(1), July 2019 - in this issue : Dunlop Aircraft Tyres Ltd v Goodyear Tire and Rubber Company / EHW18 v Minister for Home Affairs / FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection / Pintarich v Deputy Commissioner of Taxation

ARITA journal, Volume 31(2), 2019 - in this issue : Creating partners Charles Cunninghame / State of the profession 2019 John Winter / What can go wrong? Charles Cunninghame / Shareholder's rights in a bankrupt estate Michelle Castle and Nicholas Dale / The Dragon Pearl case Kevin Shum and David Walter / Eligibility for safe harbour Lisa Filippin and Alan Mitchell / Safe harbour in practice Rob Brauer / When the honeymoon is over Dr Lezelle Jacobs / A leap of good faith Katherine Wangmann / Rugby WA voluntary administration Scott Langdon / Understanding valuation and auction compliance Tim Slattery / Government funding for registered liquidators Steven Atkins, Henry Carr and Thea Eszenyi / Profile Kelly Trenfield / Government updates - Jobs and small business - Corporations Amendment (Strengthening Protections for Employee Entitlements) Act Sue Saunders / Government updates - AFSA - Some reflections on the personal insolvency system Hamish McCormick / Government updates - ASIC - Banking Royal Commission and the importance of culture John Price / Good practice Kim Arnold, Narelle Ferrier and Natasha McHattan / Q&A Natasha McHatten / Insolvency case reports Natasha McHatten

Criminal law review, Issue 6, 2019 - in this issue : Offensive weapons and knife crime Nicola Padfield / Racially and religiously aggravated offences : "God's gift to defence"? Abenaa Owusu-Bempah, Mark Austin Walters and Susann Widlitzka / Deferred prosecution agreements and the interests of justice : a consistency of approach? Karl Laird / Time to abandon "beyond reasonable doubt" and "sure" : the case for a new direction on the criminal standard and how it should be used Adrian Keane and Paul McKeown / Cases and comments : Animal welfare; Appeals from Magistrates' Courts - Highbury Poultry Farm Produce Ltd v Crown Prosecution Service; R (on the application of Highbury Poultry Farm Produce Ltd) v Telford Magistrates' Court, Deception vitiating consent in rape - R (on the application of Monica) v Director of Public Prosecutions, Evidence - R v Lewis (Lyndon), Intermediary - R v Biddle (Joseph), Misuse of drugs - R v Coker (Isaac), Sentencing - R v KPR - R v Beckford (Daniel) - R v McGeechan (Jack)

Psychiatry, psychology and law, Volume 26(1), February 2019 - in this issue : Electroconvulsive therapy, law and human rights : PBU & NJE v Mental Health Tribunal [2018] VSC 564, Bell J Ian Freckelton QC / Disentanglement from street gangs : a systematic review of the literature Sarah Tonks and Zoe Stephenson / Challenges for research into military investigation Antje Buehler, Gavin E Oxburgh, Peter Zimmermann, Gerd-Dieter Willmund and Ulrich Wesemann / Verifiability on the run : an experimental study on the verifiability approach to malingered symptoms Irena Boskovic, Claudia Tejada Gallardo, Aldert Vrij, Lorraine Hope and Harald Merckelbach / The case for measuring legal actor contributions in court proceedings Rhondda Waterworth / Perspective differences in trial process : a comparison of judges, juries and litigants Angela M Jones, Shayne E Jones and Aaron Duron / Ageing in corrective services : from the perspective of prison chaplains R Shaw, B Stevens, J Paget and P Snoyman / Threshold point utilisation in juror decision-making Lee J Curley, Rory MacLean, Jennifer Murray, Andrew C Pollock and Phyllis Laybourn / Looking inside a circle : volunteer experiences of circles of support and accountability Giulia Lowe and Gwenda Willis / Interview expectancies : awareness of potential biases influences behaviour in interviewees Nicole M Adams-Quackenbush, Robert Horselenberg, Josephine Hubert, Aldert Vrij and Peter van Koppen

adidas AG v European Union Intellectual Property Office, Judgment of the General Court (Ninth Chamber, Extended Composition) ECLI:EU:T:2019:427, 19 June 2019 - trade marks, three parallel stripes, "ordinary figurative mark"

Australian Education Union, NSW Teachers Federation Branch v Department of Education [2019] NSWIRComm 1039 - qualifications of employees-school councillors, recommendation that Department of Education give preference in employment to applicants with dual qualifications in psychology and teaching

Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 - corporations, external administration, Personal Property Securities Act 2009 (Cth) security interests

CCA19 v Secretary, Department of Home Affairs [2019] FCA 946 - migration, Nauru, medevac transfer, definition of term "treating doctor"

Crawford v Davidson-Crawford [2019] NSWSC 728 - interpretation of s 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW)

Fox v SAS Trustee Corporation [2019] NSWDC 277 - police, resignation due to mental health illness, whether the plaintiff was incapable from an infirmity of mind of discharging the duties of his office at his time of resignation, plaintiff later rejoined the police force

Masson v Parsons [2019] HCA 21 - meaning of "parent", "artificial conception procedure"

R v Wen [2019] NSWDC 267 - sentence, robbery while armed with a dangerous weapon

From personal life to private law / John Gardner

From secret ballot to democracy sausage : how Australia got compulsory voting / Judith Brett

An introduction to English legal history (5th ed) / J H Baker

Mason and McCall Smith's law and medical ethics (11th ed) / G T Laurie, S H E Harmon and E S Dove

Oliver Wendell Holmes : a life in war, law and ideas / Stephen Budiansky

Sanctity of contracts in a secular age : equity, fairness and enrichment / Stephen Waddams

Afghan Files whistleblower David McBride's trial delayed to protect state secrets by Paul Karp of The Guardian

Can a sperm donor be considered a legal parent? In a landmark decision, the High Court says yes by Cassandra Seery, The Conversation, ABC News

Facebook's new cryptocurrency raises privacy concerns from SBS News

Laws protecting whistleblowers could get overhaul from SBS News

Medevac bill likely to head to High Court from SBS News

Minister seeks axing of construction union from SBS News

The Norwegian island that abolished time : 'you can cut the lawn at 4am' by Jon Henley on The Guardian

Acts assented to

Library Amendment Act 2019 - assented to 17 June 2019, commenced on assent

Statute Law (Miscellaneous Provisions) Act 2019 - assented to 17 June 2019. Date of commencement, except Schs 1.2, 1.10 [2], 1.13, 2.16, 2.18, 2.26 and 3, 14 days after assent, sec 2 (1); date of commencement of Sch 1.2, assent, Sch 1.2; date of commencement of Sch 1.10 [2], 1 July 2019, Sch 1.10; date of commencement of Sch 1.13, 1.7.2019, Sch 1.13; date of commencement of Sch 2.16, 1 July 2019, Sch 2.16; date of commencement of Sch 2.18: not in force; date of commencement of Sch 2.26, 1 July 2019, Sch 2.26; date of commencement of Sch 3, 1 August 2019, sec 2 (3)

Awaiting assent

Ageing and Disability Commissioner Bill 2019 - awaiting assent, 20 June 2019

Appropriation (Parliament) Bill 2019 - awaiting assent, 20 June 2019

Appropriation Bill 2019 - awaiting assent, 20 June 2019

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019 - awaiting assent, 19 June 2019

Local Government Amendment Bill 2019 - awaiting assent, 19 June 2019

State Revenue and Other Legislation Amendment Bill 2019 - awaiting assent, 20 June 2019

Bills in progress

Parliamentary Budget Officer Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 20 June 2019

Planning Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2019

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 June 2019

Notices of motion

Anti-Discrimination Amendment (Religious Freedoms) Bill 2019 - notice of motion in Legislative Council, 19 June 2019

Crimes Amendment (Protection of Foetuses) Bill 2019 - notice of motion in Legislative Council, 20 June 2019

Kosciuszko Wild Horse Heritage Repeal Bill 2019 - notice of motion in Legislative Council, 18 June 2019

On the 5th of June an inquiry was announced on the Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2019 (NSW), submissions can be made on the inquiry website, the closing date for submissions is 30 June 2019.

Australian Securities and Investments Commission v Kobelt by Katy Barnett on Opinions on High (High Court Blog) - considers Australian Securities and Investments Commission v Kobelt [2019] HCA 18

Crime Statistics Australia - government website covering statistics and information on homicide, illicit drug use and deaths in custody

Law in Action (BBC) for 18 June presented by Joshua Rozenberg - Julian Assange : what next?

Law Pod UK Ep 83 : Scope of duty and causation : Chester v Afshar revisited - part 2 - Dominic Ruck Keene dicusses the effects of Chester v Afshar [2004] UKHL 41, causation and medical negligence

Law Report (ABC) for 18 June presented by Damien Carrick - High Court rules payment scheme a valid way to provide credit to Indigenous people and Should you go to jail if you help a university student cheat?

Lord Kitchin at UKIPO - WIPO Conference - keynote speech on artificial intelligence

Native Title compensation – when can't you pay? by Marshall McKenna, Lauren Shave and Arabella Tole of Gilbert + Tobin - considers Thaluntha Pty Ltd v Citic Pacific Mining Management Pty Ltd [2019] WASC 196 (the first decision of its type by a superior court) where the court held that "a compensation agreement made under the Native Title Act 1993 (Cth) with a native title claim group who, subsequent to their entry into the contract, had their claim dismissed is not enforceable, and was frustrated from the point at which the claim was dismissed"

The real possibility of a conflict of interest between an insurer and its insured will justify joinder under s 79 MACA by Andrew Gorman of McCabe Curwood - considers the Insurance Australia Limited v Dent [2019] NSWCA 134 and s 79 of the Motor Accidents Compensation Act 1999 (NSW)

Wills and estates : capacity and technology by Michael Bennett of 13 Wnetworth Selborne - considers estate administration

Australian Capital Territory law reports, Volume 13(4), June 2019 - in this issue : Burridge v Chief Magistrate of the Magistrates Court (ACT) (No 2) / Leda Commercial Properties Pty Ltd v Brenda Hungerford Pty Ltd / Public Prosecutions (ACT), Director of v Graham / Public Prosecutions (ACT), Director of v Spong

District Court law reports (NSW), Volume 28(1), June 2019 - in this issue : Bendigo and Adelaide Bank Ltd v Dimitrov / Costello v New South Wales / Mosslmani by his tutor Karout v Nationwide News Pty Ltd (No 2) / Sullivan v Chasi

Federal Court reports, Volume 261(3), June 2019 - in this issue : Aldi Foods Pty Ltd v Moroccanoil Israel Ltd / Australian Building and Construction Commissioner v Hall / Hart v Federal Commissioner of Taxation / Ogbonna v Minister for Immigration and Border Protection

Federal Court reports, Volume 261(4), June 2019 - in this issue : AYY17 v Minister for Immigration and Border Protection / BMV16 v Minister for Home Affairs / BXK15 v Minister for Immigration and Border Protection / Cole v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v EEI17 / Immigration and Border Protection, Minister for v Egan / Singh v Minister for Immigration and Border Protection

Revenue law journal, Volume 25, 2015-18 - in this issue : Dedicated to Professor Jim Corkery Anthea Gerrard / The High Court has an opportunity to reverse the dangerous and unwise precedent set by the Federal Court in FCT v Macoun John Azzi / Direct penalty notices - promoting a culture of good corporate governance and of successful corporate rescue post insolvency Sylvia Villios / Comparing the New Zealand and Australian GAAR John Tretola / New developments in dispute resolution in international tax Michelle Markham / An outlook of intangible assets and transfer pricing in China Jieri (Jerry) Zhan / A comparison between the modalities of interpreting tax legislation applied in South Africa and Australia Fareed Moosa / The multilateral instrument : avoidance of permanent establishment status and the reservations on behalf of Australia and the UK Milla Ivanova

University of New South Wales law journal, Volume 42(2), 2019 - in this issue : Perfectly safe, five times out of six : the Briginshaw principle and its paradoxes Harry Stratton / Domestic relationship evidence in Queensland : an analysis of a misunderstood provision Rebecca Campbell / Why her behaviour is still on trial : the absence of context in the modernisation of the substantive law on consent Annie Cossins / The Osland 'wrong turn' and the problems that fictions produce Andrew Dyer / Determining suicide under Australian law : a comparative study of coronial practice Stephanie Jowett, Belinda Carpenter and Gordon Tait / The rule of law on Instagram : an evaluation of the moderation of images depicting women's bodies Alice Witt, Nicholas Suzor and Anna Huggins / The Bindunbur 'bombshell' : the true traditional owners of James Price Point and the politics of anti-gas protest Lily O'Neill / The My Health Record system : potential to undermine the paradigm of patient confidentiality? Gabrielle Wolf and Danuta Mendelson / The public sector duty of care and diligence Benjamin B Saunders / Empowering authors via fairer copyright contract law Rita Matulionyte / Is there a better option than the data transfer model to protect data privacy? Alan Toy and Gehan Gunasekara / A shift in the United Nations Human Rights Committee's jurisprudence on marriage equality? An analysis of two recent communications from Australia Oscar I Roos and Anita Mackay