The Library Bulletin

One of the frustrating aspects of the current lock-down is the lack of access to textbooks. We have been working with the publishers to get access to textbooks in soft copy.

At the moment we have about one hundred textbooks available on Lexis Advance. Please check the library catalogue to see if the book you are after has a little red lock icon on the record. If it does, you can email the librarians and we can search and send the required information (copyright restrictions apply), or you can just email us and we will check for you.

Also remember that we have e-versions of CCH, Federation Press and Oxford University Press books through the Wheelers platform, the icon indicating those titles is a white page with a red e on.

Can you steal a peacock? Animals in early modern law by Krista J Kesselring on Legal History Miscellany - considers attitudes to animals in early modern laws

Full Federal Court affirms Bega’s title to Kraft peanut butter trade dress by Belinda Breakspear of McCullough Robertson - considers Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65

Law Report (ABC) for 21 April presented by Damien Carrick - High Court ruling exposes gaps in Australia's protections for public interest journalism. And is it still murder if the victim dies eight months after the assault?

William and Lonsdale Podcast : Lives in the law, Episode 1 : The Hon Marilyn Warren AC QC presented by Michael Green - conversation with the former Chief Justice of the Supreme Court of Victoria

The lawyer whose clients didn't exist by Francesca Mari on The Atlantic

NSW fire survivors take EPA to court in push to force action on climate change by Adriane Reardon and Jen Hunt on ABC South East NSW

The Ruby Princess coronavirus saga could lead to homicide charges. These cases offer insight into a key legal issue by Monique Ross and Damien Carrick for Law Report (ABC Radio National)

R v UD [2020] ACTSC 88 - challenge to the validity of legislation allowing the court to require criminal proceedings be heard by a judge rather than a jury

Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 507 - copyright, internet service providers, "whether injunction should be granted requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright"

The NSW Public Defenders Office has published COVID-19 resources for criminal lawyers, see here

The Judicial College of Victoria has published Coronavirus jurisprudence materials, see here

The Bar Librarians are currently working from home between 9am and 5pm Monday to Friday.

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

See AustLII's links to Australian COVID-19 regulations and commentary, for each Australian jurisdiction here.

Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 - "where virtual trial proposed in circumstances of COVID-19 pandemic – where virtual trial submitted adversely to impact conduct, length and expense of trial"

Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 - consumer law, trade marks

Lee v Minister for Home Affairs [2020] FCA 487 - citizenship, "applicant born in Papua before grant of independence to Papua New Guinea"

Smethurst v Commissioner of Police [2020] HCA 14 - police, search warrants

Re Young [2020] HCA 13 - constitutional law, meaning of treaty

The State Insurance Regulatory Authority has just released updated Motor Accident Guidelines (dated April 2020), see here.

Bega Cheese wins legal stoush against US food giant Heinz over peanut butter labelling by Clint Jasper on ABC News

The court case Australians are not allowed to know about : how national security is being used to bully citizens by Richard Ackland on The Guardian

Judge smacks down copyright suit over Instagram embedding by Timothy B Lee on Ars Technica

Woman's attraction to chandeliers not a sexual orientation, ruling says by Jim Waterson on The Guardian

The fluctuating nature of a partnership interest : Commissioner of State Revenue v Rojoda Pty Ltd by Barry Diamond on Opinions on High High Court Blog - considers Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7

LawNext Episode 71 : Legal Futurist Richard Susskind on Coronavirus, Courts and the Legal Profession

Law Report (ABC) for 14 April presented by Damien Carrick - How will the $130 billion JobKeeper package work? And workers' compensation at home

Screen scraping : legal or not? by Lesley Sutton, Nikhil Shah and Alexander Ryan of Gilbert+Tobin - examines "screen scraping"

Technology and the law presented by Lord Hodge at the Dover House Lecture, London - considers "the demands for change that technology will make of our legal systems and the opportunities and challenges which that technology creates for the legal professions"

The Bar Librarians are currently working from home between 9am and 5pm Monday to Friday.

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

Coronavirus could spark legal action by the families of those who have died by Mirko Bagaric on ABC News

Court orders asthmatic rapper released from federal prison by Thomas J Rachko, Jr on Human Rights Watch

How the Oxford English Dictionary was brought to life in a rustic 'scriptorium' by Anna Kelsey-Sugg on ABC Radio National

NSW magistrate accuses ACT Supreme Court of trying to influence his sentencing by Michael Inman on ABC News

Tasmanian farmer's rhubarb champagne post sparks legal warning from France by Georgie Burgess on ABC Radio Hobart

Costs in work health and safety matters before the District court of NSW by Ingmar Taylor SC of Greenway Chambers - examines costs in NSWDC WHS matters

The interpretation of written contracts by James Edelman, presented as part of the Mr Justice Russell Brown Law Lecture Series at the University of Alberta

Jurisprudence course by Scott Shapiro as part of his Legality podcast

Law Report (ABC) for 7 April presented by Damien Carrick - George Pell freed from prison following High Court decision

NSW Modern Slavery Act is back on the agenda – inquiry recommends the NSW Act comes into effect by Brendan Coady, Sonia Sharma, Emily Lau and Varshini Rajendran of Maddocks - the Standing Committee on Social Issues presented its final report on the NSW Modern Slavery Act to Parliament on 25 March 2020, putting the Act back on the agenda

A troika of major issues : damages, appeals and jurisdictional error by Sydney Jacobs of 13 Wentworth Chambers - considers damages, appeals and jurisdictional error in relation to construction law

Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 - human rights, disability discrimination

McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 416 - migration, citizenship, statutory interpretation, "applicant claims he is an Aboriginal Australian - applicant claims he is an Australian citizen", considers decision in Love v Commonwealth of Australia [2020] HCA 3

Pell v The Queen [2020] HCA 12 - criminal law, appeal

Did you know that you can access some of our external databases via the library homepage? Just log in as yourself and look in the external database links box.

Additionally there are e-books from Oxford University Press, Federation Press and CCH available via our catalogue, log in as yourself and if you find a record with an icon that looks like a white page with a red e click on it to access the e-boo platform.

Don't forget our scanned unreported judgments available via the judgments advanced search in the library catalogue here.

Also, remember that we have Lexis Red (for remote access to Lexis loose-leafs) and that it is a good idea to be registered if you aren't already, email lexisred@nswbar.asn.au.

Please do ask us if you would like us to source materials from our other electronic resources.

Did you know that you can find archived materials and web pages? For example, you can find old versions of government websites and old government reports. There is even a page devoted to transcripts from Australian Prime Ministers.

See the following :

WayBack Machine

Pandora (Australian)

PM Transcripts (transcripts from Australian Prime Ministers)

State Records NSW

Internet Archive

HaithiTrust

UK Government Web Archive

National Archives (UK)

The Bar Librarians are currently working from home between 9am and 5pm Monday to Friday.

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

The Council of Law Reporting for New South Wales website has the NSW Law Reports (NSWLR), New South Wales Reports (NSWR) and State Reports New South Wales (SR(NSW)). Each case report is available to view and may be downloaded for a fee. If you are a print subscriber to the NSWLRs, you can access the online and download or print cases from all the reports series for free until 1 July 2020 due to COVID-19. Please note that the library also have access to old NSW reports and that you can request from the library.

Can a case be a precedent if it hasn’t been published? on ICLR

Can Australian States lock-out residents of other States? on Constitution Education Fund

Coronavirus pandemic used by barrister to argue his client should avoid jail for fraud by Kate McKenna on ABC News

Australian Rail Track Corporation Limited v Dollisson [2020] NSWCA 58 - "whether reference to “compensation” in s 134AB(1) of the Accident Compensation Act 1985 (Vic) is a reference to compensation under that Act or to compensation whether or not awarded under the Act or the Act of some other state or territory"

DPP v Morey (a pseudonym) [2020] VCC 320 - isolation and anxiety for prisoners due to COVID-19 constitutes a mitigating factor in sentencing

Rakielbakhour v DPP [2020] NSWSC 323 - COVID-19, relevance to bail application

SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77 - "duty of persons undertaking business to ensure so far as was reasonably practicable the health and safety of workers"

The Bar Librarians are currently working from home between 9am and 5pm Monday to Friday.

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

Forseeability and breach of duty under the Work Health and Safety Act 2011 (NSW) by Malcolm Scott of Greenway Chambers - considers the issue in relation to the decisions in Orr v Hunter Quarries Pty Limited [2019] NSWDC 634 and Stephen James Orr v Cobar Management Pty Ltd [2019] NSWDC 224

In Seclusion - listen to the bite-sized podcast miniseries from Greg Lambert about how the legal industry is adapting to working from home

Law Report (ABC) for 31 March presented by Damien Carrick - Criminal and civil courts in the age of COVID-19

When the court's approval of a settlement of a claim is challenged : decision of the NSW Court of Appeal in Robinson v Robinson [2020] NSWCA 4 by Michael Henley and Christine McPhillips of HWL Ebsworth - considers Robinson v Robinson [2020] NSWCA 4

The Internet Archive have a collection of books available in a National emergency Library here, it is available until 30 June 2020.

All New South Wales residents are entitled to sign up for a State Library of New South Wales library card, see the registration page here.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.