The Library Bulletin

Class actions and government / Rachael Mulheron

The right to be forgotten : a Canadian and comparative perspective / Ignacio N Cofone (ed)

The report of the Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press has been released, see here.

Right or Privilege? Privacy of Communications on the Internet

On the 9th of September from 4 to 5 the Australian Society for Computers and Law is presenting an online talk where Edward Santow, Rachael Falk and Professor Lyria Bennett-Moses will be discussing privacy and online security.

Register for the talk here.

In progress

Better Regulation Legislation Amendment Bill 2020 - in Legislative Council, Consideration in Committee of the Whole, Bill set down as an order of the day for a later hour of the sitting, 27 August 2020

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 26 August 2020

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 26 August 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Assembly, to be reported, 26 August 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Assembly, to be reported, 25 August 2020

Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 - in Legislative Council, second reading, debate interrupted, 26 August 2020

Awaiting assent

Casino Control Amendment (Inquiries) Bill 2020 - awaiting assent, 28 August 2020

Notice of motion

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - in Legislative Council, notice of motion, 25 August 2020

The final report of the NSW bushfire inquiry is available here.

Arthur Conan Doyle's estate sues Netflix for giving Sherlock Holmes too many feelings by Adi Robertson on The Verge

Federal Court finds border closures safest way to protect public health in Clive Palmer case by Anne Twomey on The Conversation

Bhagwan Marine Pty Ltd v The Ship "Teras Bandicoot" [2020] FCA 1224 - arrest of an uncrewed ship

Brown v The Queen [2020] VSCA 212 - impact of mental disorder at time of offending and/or sentence

Palmer v State of Western Australia (No 3) [2020] FCA 1220 - WA border closure

Will v The Queen [2020] ACTCA 42 - if an offender gives assistance to authorities, it doesn't matter whether that assistance was voluntary or compelled, they are still entitled to a sentence discount.

Do you need a textbook? Use our 'Click, Collect and Return' service.

Who? Barristers and clerks who are reserving items on behalf of their chambers members.

How? First login to the Bar Library website. Search for the required item and go to the full catalogue record. Select the copy that you need and click on the click and collect button. Clerks then need to select the name of the barrister on whose behalf they are borrowing. You should receive an acknowledgement of your request and an email notifying you of the time to collect.

See the 'How to' guide for barristers and for clerks. If you have any issues with this, please email the library.

While you can reserve items at any time, you will only be able to collect and/or return items on Mondays and Thursdays between 11am and 1pm. The library will not be open. The books will be available for you to collect from outside the library on the sub-basement level of Selborne Chambers. There will be both a loans and a returns trolley available. Please note that are working within current guidelines regarding quarantining and sanitising library materials and relying on the ability of your colleagues in returning books currently on loan. Books must be quarantined for a minimum of 24 up to 72 hours depending on the material type.

Regional members of the Bar, please email your requests and we will trial a DX or Express Post service for you.

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

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Australian Capital Territory votes to raise age of criminal responsibility from 10 to 14 by Lorena Allam on The Guardian

Bob Brown launches legal challenge to native forest logging in Tasmania by Adam Morton on The Guardian

Google says Australian law would put search and YouTube at risk on BBC News

Kathleen Folbigg conviction questioned after scientists discover genetic mutation which 'likely' killed two children by Quentin McDermott on ABC News

Liquidation of Alan Bond's Bell Group ends after nearly three decades with WA Government among winners by Andrea Mayes on ABC News

Sydney bar manager who took man to court for slapping her bottom says she hopes for change by Sarah Thomas on ABC News

Walkies could become the law for German dog owners on BBC News

Commerce Commission v Bunnings Limited [2020] NZCA 310 - "Lawyers like to talk about “facts in issue”, which invests the concept with a somewhat spurious certainty. The reality is that evidence exists to prove or disprove hypotheses — about facts the existence of which is uncertain. To be evidence the material tendered must tend to do that. If it does not, it is mere distraction and has no place being in the courtroom."

JPM v The Queen [2020] HCATrans 115 - "The second exquisite irony, in our submission, is that it is fundamentally incorrect to reason that the giving of an Azzopardi direction would undermine the giving of an Azzopardi direction."

Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188 - "the Model Litigant Principles issued by the Queensland Government do not create rights on the part of other litigants. They are directions issued by the Queensland Government to those conducting litigation on behalf of the State"

Do you need a textbook? Use our 'Click, Collect and Return' service.

Who? Barristers and clerks who are reserving items on behalf of their chambers members.

How? First login to the Bar Library website. Search for the required item and go to the full catalogue record. Select the copy that you need and click on the click and collect button. Clerks then need to select the name of the barrister on whose behalf they are borrowing. You should receive an acknowledgement of your request and an email notifying you of the time to collect.

See the 'How to' guide for barristers and for clerks. If you have any issues with this, please email the library.

While you can reserve items at any time, you will only be able to collect and/or return items on Mondays and Thursdays between 11am and 1pm. The library will not be open. The books will be available for you to collect from outside the library on the sub-basement level of Selborne Chambers. There will be both a loans and a returns trolley available. Please note that are working within current guidelines regarding quarantining and sanitising library materials and relying on the ability of your colleagues in returning books currently on loan. Books must be quarantined for a minimum of 24 up to 72 hours depending on the material type.

Regional members of the Bar, please email your requests and we will trial a DX or Express Post service for you.

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

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Beyond the pandemic : new frontiers in Asia-Pacific international dispute resolution at University of Sydney Law School chaired by Prof Luke Nottage - considers the future of international dispute resolution

Law Report (ABC) for 18 August presented by Damien Carrick - Tackling modern slavery

Leave and security for costs for an incarcerated appellant – Mr D v Ms P [2020] NSWCA 174 by Amanda Kmetyk of McCabe Curwood - considers Mr D v Ms P [2020] NSWCA 174

What is a day? High Court delivers landmark decision on personal leave entitlements by Mick MOy, Tim Longwill, Lydia Daly, Amber Sharp, Tom Reaburn and Nicola McMahon of McCullough Robertson - considers Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29

The Wigs - What fairness demands : the role of the prosecutor under the microscope - considers prosecutorial fairness

Defamation Amendment Act 2020 No 16 — assented to 11 August 2020

Gas Legislation Amendment (Medical Gas Systems) Act 2020 No 17 — assented to 11 August 2020

Personal Injury Commission Act 2020 No 18 — assented to 11 August 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Act 2020 No 19 — assented to 11 August 2020

Sydney man invokes squatting law to win rights to Redfern 'dunny lane' in NSW Supreme Court by Jamie McKinnell on ABC News

Hardy v Sidoti [2020] NSWSC 1057 - adverse possession, actual possession, squatter's rights, claim to remnant of "dunny lane" incorporated into plaintiff's garden

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 - industrial law

Queensland v Masson [2020] HCA 28 - negligence, ambulance officers

SW v Khaja [2020] NSWCA 128 - negligence, injury during serious offence

Do you need a textbook? Use our 'Click, Collect and Return' service.

Who? Barristers and clerks who are reserving items on behalf of their chambers members.

How? First login to the Bar Library website. Search for the required item and go to the full catalogue record. Select the copy that you need and click on the click and collect button. Clerks then need to select the name of the barrister on whose behalf they are borrowing. You should receive an acknowledgement of your request and an email notifying you of the time to collect.

See the 'How to' guide for barristers and for clerks. If you have any issues with this, please email the library.

While you can reserve items at any time, you will only be able to collect and/or return items on Mondays and Thursdays between 11am and 1pm. The library will not be open. The books will be available for you to collect from outside the library on the sub-basement level of Selborne Chambers. There will be both a loans and a returns trolley available. Please note that are working within current guidelines regarding quarantining and sanitising library materials and relying on the ability of your colleagues in returning books currently on loan. Books must be quarantined for a minimum of 24 up to 72 hours depending on the material type.

Regional members of the Bar, please email your requests and we will trial a DX or Express Post service for you.

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

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Berry v CCL Secure Ltd by Katy Barnett on Opinions on High High Court Blog - considers Berry v CCL Secure Pty Ltd [2020] HCA 27

Can third parties enforce a contract without infringing on the doctrine of privity? by Kim Nguyen of Holding Redlich - considers Clarence City Council v Commonwealth of Australia [2020] FCAFC 134

Law Report (ABC) for 11 August presented by Damien Carrick - Singapore introduces COVID 19 electronic bracelets. And media freedom in Malaysia

The life and legacy of Sir Samuel Griffith remembered by Nathan Church on Parliament of Australia Flag Post - examines the life of Sir Samuel Griffith

What's plainly wrong in Australian law? An empirical analysis of the rule in Farah by Antonia Glover in University of New South Wales Law Journal (Advance) - considers the rule that Australian courts must follow the decisions of appellate courts across Australia unless convinced that those decisions are 'plainly wrong'

Explainer : what is a 'state of disaster' and what powers does it confer? by Anne Twomey on The Conversation - examines what a state of disaster is

The future of courts by Richard Susskind on The Practice (from Harvard Law School) - examines the future of courts in light of the pandemic

Law Report (ABC) for 4 August presented by Damien Carrick - What is a 'state of disaster'? And Sole Practitioner loses sexual harassment appeal

Online register of modern slavery statements launched by Daniel Fielding and Daisy Mallett of King and Wood Mallesons - examines the new register

Revitalising public law in a technological era : rights, transparency and administrative justice by Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb in University of New South Wales Law Journal (Advance) - considers how public law should be revitalised in light of the increasing use of technology in government decision-making

State Strategic Plan for Crown Land : an opportunity to reconcile complex land uses in NSW by Peter Holt and Clara Klemski-Edwards of Holding Redlich - examines the draft Strategic State Plan for Crown Land

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Backpacker tax ruled 'valid' by Federal Court, denying 75,000 working holiday-makers money from the ATO by Clint Jasper on ABC Rural

Coronavirus : can the pandemic make us rethink our courts? by Jenny Rees on BBC

First Nations lawyers call for urgent action on Walama Court by Michaela Whitbourn on Sydney Morning Herald

How an 'unwritten law', media spin and legal cunning saw Audrey Jacob get away with murder by Emma Wynne on ABC Radio Perth

Kenneth Hayne says Covid shows Australian politics can be more than a 'dialogue of the deaf' by Katharine Murphy on The Guardian

In progress

Adoption Legislation Amendment (Integrated Birth Certificates) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 5 August 2020

Anti-Discrimination Amendment (Sex Workers) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 5 August 2020

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Constitution Amendment (Water Accountability and Transparency) Bill 2020 - in Legislative Council, second reading, debate in progress, 4 August 2020

Education Legislation Amendment (Parental Rights) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 5 August 2020, Bill referred to Portfolio Committee No. 3 - Education for inquiry and report 5 August 2020

Environmental Planning and Assessment Amendment (Prohibition of Waste to Energy Incinerators) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 5 August 2020

Police Amendment (Promotions) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 6 August 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 5 August 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, awaiting second reading debate, 4 August 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Assembly, to be reported, 5 August 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, awaiting second reading debate, 4 August 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Notices of motion

Government Sector Employment Amendment (Teleworking) Bill 2020 - in Legislative Assembly, notice of motion, 6 August 2020

Awaiting assent

Defamation Amendment Bill 2020 - awaiting assent, 6 August 2020

Gas Legislation Amendment (Medical Gas Systems) Bill 2020 - awaiting assent, 6 August 2020

Personal Injury Commission Bill 2020 - awaiting assent, 5 August 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020 - awaiting assent, 5 August 2020

Bills negatived

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - negatived, 6 August 2020

Bills assented to

Digital Restart Fund Act 2020 No 15 — assented to 3 August 2020, date of commencement, assent

Berry & Anor v CCL Secure Pty Ltd [2020] HCA 27 - damages, misleading and deceptive conduct

Commissioner of Taxation v Addy [2020] FCAFC 135 - taxation, working holiday makers

Lewis v The Australian Capital Territory [2020] HCA 26 - damages, false imprisonment

Singh v The Queen [2020] HCA 25 - criminal appeal, death of appellant