The Library Bulletin

New South Wales law reports, Vol 102(1), December 2020 - in this issue : Baldwin v State of New South Wales / Bao v Qu; Tian (No 2) / Ea v Diaconu / Gazecki v McCabes Lawyers Pty Ltd / Chosh v Medical Council of New South Wales / Haertsch v Whiteway / Hanna v R / Pham v gall / Rodny v Weisbrod / WX v R

The library will be closed from Monday 21 Dec 2020 to Tuesday 26 Jan 2021 and will re-open from 10am to 4pm on Wednesday 27 Jan 2021. From Monday 1 Feb 2021, the library will open from 8.30am to 5.30pm Monday to Friday, provided COVID restrictions allow.

Happy Christmas and New Year.

University of Queensland law journal, Volume 39(3), 2020 - in this issue : Introduction to the special issue on ecosystem services and the law Justine Bell-James, Catherine E Lovelock and Anya Phelan / Protecting and restoring Queensland's coastal wetlands : is a new legislative approach required? Evan Hammam, Jemma Purandare and Revel Pointon / Climate change, wildfires and wetland ecosystem services : governing transformation Phillipa C McCormack / Law, restoration and ontologies for a more ecologically complex world! Emille Boulot and Afshin Akhtar-Khavari / Mangrove ecosystems and services : legal recognition and protection in Indo-Pacific Island states Erika Techera / A global assessment of the law and policy of ecosystem services J B Ruhl and James Salzman / Ecosystem services as a metaphor in environmental law : balancing intrinsic and instrumental values Justine Bell-James / Workplace safety, deadly jellyfish and tourists : a novel approach to an emergent problem Lynda Crowley-Cyr

Coroner finds air pollution contributed to nine-year-old girl's death in legal first from SBS News

Torres Strait Islander complaint against climate change inaction wins backing of UN legal experts by Marian Faa on ABC News

What Australia's first Aboriginal truth and justice commission might look like by Joseph Dunstan on ABC News

McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223 - migration, "absorbed person visa"

Prothonotary of the Supreme Court of NSW v Louise Lyel (aka Louise Convy) [2020] NSWSC 1760 - contempt, "where the defendant provided the Court with false emails purporting to be from the owners of a property consenting to the stay of eviction orders against her"

20 years of Indigenous reconciliation negotiation - Professor Megan Davis on Late Night Live with Phillip Adams

Chief Justice's reflections on 2020 - the Hon T F Bathurst, Supreme Court of New South Wales

First Nations women and girls - Wiyi Yani U Thangani Report (2020) from Australian Human Rights Commission

High Court rules refugees entitled to sue the government for negligence in the Federal Court by Guy Donovan and Divya Chaddha of Holding Redlich - considers Minister for Home Affairs & Ors v DMA18 as litigation guardian for DLZ18 [2020] HCA 43

The law on judicial bias : a primer - background paper from the Australian Law Reform Commission

Law Report (ABC) for 15 December presented by Damien Carrick - Call for regulation of debt repair or credit management companies

Lifting the Bar : female senior counsel in NSW by Vanessa Andersen of Maddocks - profiles six NSW female senior counsel

Skiing in a winter wonderland : a dangerous recreational activity? by Peter Ford of McCabe Curwood - considers Castle v Perisher Blue Pty Limited [2020] NSWSC 1652

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

Contentious trusts handbook : practice and precedents / Carl Islam

The criminal process (5th ed) / Liz Campbell, Andrew Ashworth and Mike Redmayne

The law of solicitors' liability (4th ed) / William Flenley and Tom Leech

Preston & Newsom : restrictive covenants affecting freehold land (11th ed) / G L Newsom

Acts proclaimed

Electricity Infrastructure Investment Act 2020 No 44 (2020-710) — appoints (a)9 December 2020 as the day on which that Act commences, except for the following provisions — (i) sections 8(2)–(5) and 9, (ii) Parts 3 and 7, (iii) sections 20(b), 21(1)(b), 23(1)(b) and (e), 31(5), 45, 62, 66(4), 70 and 78, and (b) 1 May 2021 as the day on which Part 3 of that Act commences, and (c) 1 July 2021 as the day on which the uncommenced provisions of that Act commence.

Arona Peniamina wins High Court bid for new trial after being sentenced to life in prison for murdering his wife Sandra by Elizabeth Byrne on ABC News

High Court rejects claim NT police 'trespassed' when breathalysing Aboriginal woman in domestic violence check by Jacqueline Breen on ABC News

Arndell BHT Arndell v Old Bar Beach Festival Incorporated; Cox v Mid-Coast Council [2020] NSWSC 1710 - negligence, "collision between aircraft and Ferris wheel"

Gerner & Anor v State of Victoria [2020] HCA 48 - constitutional law, freedom of movement, COVID-19

Geyer v Ghosn [2020] NSWDC 744 - consideration of "keyboard warriors" and "monsters from the id"

Minister for Home Affairs v DUA16; Minister for Home Affairs v CHK16 [2020] HCA 46 - immigration, refugees, protection visas

Peniamina v The Queen [2020] HCA 47 - criminal law, provocation

The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 - charges for sub judice contempt outside Victoria dismissed; no case submission fails in relation to other breach of suppression order and sub judice contempt charges

Roy v O'Neill [2020] HCA 45 - evidence, admissibility

Is a Scotch egg a meal? I investigated more than 300 council rulings to find out by Jed Meers on The Conversation - "where is the dividing line between a "table meal" and a mere snack"

Law Report (ABC) for 8 December presented by Damien Carrick - COVID-19 and jury trials

Parliamentary control of public money by William Bateman, Doctoral thesis from University of Cambridge

Recent judgment confirms 10-year limitation period for defective building work in NSW by Marie-Louise Scarf and Rebecca Weakley of Holding Redlich - considers Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd [2020] NSWCA 303

Verification of identity – does it always need to be in person? by Eva Vicic of McCullough Robertson - examines verification of identity and e-conveyancing

Arlidge and Parry on fraud (6th ed) / Jonathan Fisher, Alexander Milne, Jane Bewsey and Andrew Herd

Directors' duties (4th ed) / Andrew Keay

Law Institute journal, Vol 94(12), December 2020 - in this issue : 2020 challenges bring rewards Sam Pandya / Call to firms to push for inclusion in the profession Sam Pandya / Firms target structural blocks to entry Karin Derkley / Embracing diversity Yasin Azra / Levelling the playing field Muluka Said / Year of positive change for court reformer Karin Derkley / Age old problem needs new response Melanie Joosten / State of mind Paul Horvath and Ines Perkovic / Resolving a controversy Tim Marsh / Caught in a custody battle Andrew Paull and Eleanor Toohey / Remote hearings - the new normal? Chirag Patel / A precedent for unprecedented times Radu Catrina / Overzealous control or reasonable and lawful : workplace law in the digital age Tessa Van Duyn / High Court judgments Michelle Sharpe / Federal Court judgments Anthony Lo Surdo SC and Theresa Power / Family law judgments Robert Glade-Wright / Supreme Court judgments Michael Taylor / Client documents Ethics Committee / Solicitor as material witness - a duty to the court Michael Dolan and Carly Erwin / How sexual offences are dealt with VLRC / Checklist for COVID-weary lawyers Legal Practitioners' Liability Committee / Renewing a lease Paul Nunan / Move to e-signing Mark Burrows / NEXL Peter Moran / The benefits of SLEM Simon Crawford and Nussen Ainsworth / No longer unprecedented Leonie Kelleher / Shifting the balance Molina Asthana / No so super Eleanor Weir and Rose Hunt / Its time to eradicate elder abuse Pauline Wright LSJ, Issue 73, December 2020 - in this issue : Cybercrime and mental health greatest threat to small firms Steph Gardiner / Six munites with Rosemary Kayess Floyd Alexander-Hunt / Law Council renews call for Human Rights Act / NSW budget allocates $150 million for courts' digital transformation Kate Allman / New Family and Federal Circuit Court judges announced / Lonely at the top Patricia Drum / At lunch with... Peter Rosier Amy Dale / A profession for the wealthy : the enduring problem of diversity in law Kate Allman / How to build a great law firm culture Sam McKeith / Finding the silver linings Floyd Alexander-Hunt / Lessons learned Linda Gough / The downsides of positivity Angela Tufvesson / The case that changed me - Sarah Dale Floyd Alexander-Hunt / Progress at last, but are we headed for a Claytons Commission? Nicholas Cowdery / The laws of costs : 2020 year in review Michelle Castle and Andrew Bailey / Firefighting or reform? The industrial response to COVID-19 Jack de Flamingh and John Casey / OK Zoomer : the impacts and future of working from home Michael Legg / The Rest climate case settlement : a precedent by any other name? Ilona Millar, Sharon Coutts and Jo Delaney / It's official - paper CTs are set to go. Is your practice prepared? Jen McMillan and Michael Osborne / Purchaser surcharge duty : risk management tips for solicitors Tony Reynolds and Lucy Williams / Failed granny flat arrangements Richard McCullagh and Darryl Browne / Compliance risks : FAQs in the age of the coronavirus Glenda Carry and Frances Moffitt / The latest from the High Court Michelle Sharpe / The latest from the Federal Court Anthony Lo Surdo SC and Theresa Power / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

The library will be closed from Monday 21 December 2020 to Tuesday 26 January 2021.

The library will re-open on Wednesday 27 January 2021 and be open from 10am to 4pm Wednesday 27 January 2021 to Friday 29 January 2021.

From Monday 1 February 2021, the library will open from 8.30am to 5.30pm Monday to Friday, provided COVID restrictions allow.

Happy Christmas and New Year.

Family law experts reject Government's plan to merge Family Court as Parliament debate looms by Jack Snape on ABC News

Study finds only 300 swift parrots could remain as Tasmanian court challenge heard on The Guardian

Witness K lawyer Bernard Collaery wins international free speech prize by Christopher Knaus on The Guardian

Australian law journal, Volume 94(11), November 2020 - in this issue : Current issues Justice François Kunc (ed) The view from the academy, Impact of COVID-19 on academia Katy Barnett, Pedantic points R I Barrett AO / Around the nation : Northern Territory Hon Dean Mildren AM RFD QC (ed) Appointment of Sonia Brownhill SC as a judge of the Supreme Court, Restoration of jury trials, Electronic filing, Online publications Dean Mildren / Family law Richard Ingleby (ed) Does a family court judge have power to refer financial proceedings to mediation? Richard Ingleby / Class actions Justice Michael B J Lee (ed) When does a person have a "claim" under s 33C of the Federal Court of Australia Act? Corey Byrne / Statutory interpretation The Hon John Basten (ed) Statutory interpretation and dictionaries John Basten and Rian Terrell / Technology and the law Lyria Bennett Moses and Anna Collyer (eds) Accountability in the age of artificial intelligence : a right to reasons Lyria Bennett Moses and Edward Santow / Engineers : one hundred years old and still going strong : a commentary The Hon Sir Anthony Mason AC KBE GBM QC / The continued legacy of the Engineers Case : a dynamic approach to Federal power Rosalind Dixon and Brendan Lim / Wait[ing] for the heavens to fall : the Engineers Case and intergovernmental immunity Sarah Murray / Money had and received – and retained? The role of retention at notice for personal common law liability Eleanor Makeig / Justifying trade restrictions under s 92 of the Australian Constitution : a comparative law-based proposal for a coherent doctrine Csongor István Nagy

Sydney law review, Volume 42(3), September 2020 - in this issue : The Temporary Refuge Initiative : a close look at Australia's attempt to reshape international refugee law Savitri Taylor and Jodie Boyd / Recognising the sentience of animals in law : a justification and framework for Australian States and Territories Jane Kotzmann / Bargaining in a vacuum? An examination for the proposed class exemption for collective bargaining for small businesses Tess Hardy and Shae McCrystal / Police doorknocking in comparative and constitutional perspective : O'Neill v Roy Julian R Murphy / Burns v Corbett : federal jurisdiction, State tribunals and chapter II courts Callum Christodoulou

Acts assented

Electricity Infrastructure Investment Act 2020 No 44 — assented to 2 December 2020

Chetcuti v Commonwealth of Australia [2020] HCA 42 - constitutional law (Cth), powers of Commonwealth Parliament, naturalisation and aliens, deportation

Clayton v Bant [2020] HCA 44 - family law, foreign divorce

HDI Global Specialty SE v Wonkana No 3 Pty Ltd [2020] NSWCA 296 - insurance contracts, "COVID-19 is not a disease declared to be a quarantinable disease under the Quarantine Act 1908 (Cth) and the exclusion in the HDI Disease Benefit is not enlivened"

Minister for Home Affairs & Anor v DMA18 as Litigation Guardian for DLZ18 & Anor; Minister for Home Affairs & Anor v Marie Theresa Arthur as Litigation Representative for BDX18; Minister for Home Affairs & Anor v FRX17 as Litigation Representative for FRM17; Minister for Home Affairs & Anor v DJA18 as Litigation Representative for DIZ18 [2020] HCA 43 - immigration

Can Magna Carta and "common law" give you immunity from Covid regulations? by the Secret Barrister - considers from a UK perspective

Celebrating Samuel Griffith from the Selden Society lecture series Australia

Commercial contracts – defining words, adopting legislation and dealing with contingencies by Bede Haines of Holding Redlich -

Delays in claims handling found to be a breach of the duty of utmost good faith by Priya Paquet of McCabe Curwood - considers Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701

How to lose a case by Edmund King QC of Essex Court Chambers - considers how to lose a case

Law Report (ABC) for 1 December presented by Damien Carrick - Royal Commission into Lawyer X findings. And Family Court's Lighthouse Project new approach to family violence

Loss of a chance by the Honourable Justice J Basten​ at the Personal Injury Bar Association UK - considers loss of a chance

What's gender got to do with it? by Fleur Kingham at the Pride in Law 4th Annual Address - considers how judges have interpreted words like 'man' and 'woman' and 'sex' and 'gender'

Lawyers professional responsibility (7th ed) / G E Dal Pont

Commonwealth law reports, Volume 266(4), November 2020 - in this issue : Brisbane City Council v Amos / Masson v Parsons / New South Wales v Robinson / Williams v Wreck Bay Aboriginal Community Council

Federal Court reports, Volume 274(2), November 2020 - in this issue : BAK18 v Minister for Home Affairs / CXXXVIII v White / GBV18 v Minister for Home Affairs / PIA Mortgage Services Pty Ltd v King / XA v Minister for Home Affairs

Australian bar review, Volume 49(2), November 2020 - in this issue : Lawyers' uses of history, from Entick v Carrington to Smethurst v Commissioner of Police Mark Leeming / An argument for recognising childhood sexual abuse and physical abuse as a mitigating factor in sentencing Mirko Bagaric and Gabrielle Wolf / Wrotham Park damages in the UK Supreme Court : One Step v Morris-Garner Horst K Lucke / Electronic monitoring : a first step towards an integrated correctional system Athula Pathinayake / Knighthoods and the Order of Australia Greg Taylor / Delimiting equity's jurisdiction to relieve against forfeitures Henry Cooper / The procedural argument against recovery for lost chances in medical negligence Harry Stratton

Castle v Perisher Blue Pty Limited [2020] NSWSC 1652 - negligence, skiing accident, risk of collision between two skiers was "obvious"

Dellow v R [2020] NSWCCA 301 - criminal law, appeal against conviction – inconsistent verdicts

In progress

Appropriation (Parliament) Bill 2020 - in Legislative Assembly, to be reported, 25 Nov 2020

Appropriation Bill 2020 - in Legislative Assembly, to be reported, 25 Nov 2020

Electricity Infrastructure Investment Bill 2020 - in Legislative Assembly, to be reported, 25 Nov 2020

Payroll Tax Amendment Bill 2020 - in Legislative Assembly, to be reported, 25 Nov 2020