The Library Bulletin

In progress

Anti-Discrimination Amendment (Complaint Handling) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 27 February 2020

Civil Remedies for Serious Invasions of Privacy Bill 2020 - in Legislative Assembly, second reading speech, debate interrupted, 27 February 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 25 February 2020

Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 26 February 2020

Local Government Amendment (Disqualification from Civic Office) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 27 February 2020

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned, 27 February 2020

State Revenue Legislation Further Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, 26 February 2020

Water (Commonwealth Powers) Amendment (Termination of References) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 27 February 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 27 February 2020

Work Health and Safety Amendment (Review) Bill 2019 - in Legislative Council, awaiting second reading debate, 27 February 2020

Notices of motion

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, notice of motion, 25 February 2020

Central Coast Drinking Water Catchments Protection Bill 2020 - in Legislative Council, notice of motion, 25 February 2020

Negatived

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - negatived, 27 February 2020

Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 - negatived on division, 27 February 2020

Lapsed

Independent Commission Against Corruption Amendment (Protections for Disclosure of Information) Bill 2019 - lapsed in accordance with Standing Orders, 21 February 2020

Withdrawn

Anti-Discrimination Amendment (Religious Freedoms) Bill 2019 - withdrawn, notice of motion withdrawn, 25 February 2020

Change to child sex abuse law could tip balance against accused : lawyers by Pallavi Singhal on Sydney Morning Herald

NSW government rejects double jeopardy change in 'devastating blow' to Bowraville families on SBS News

Prime minister's department broke the law delaying FOI request, watchdog finds by Christopher Knaus on The Guardian

Bickle v State of Victoria (Victoria Police) [2020] FCA 168 - "whether or not Victoria Police provide a "service""

Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157 - international arbitration, private international law, statutory interpretation

Hague v Cordiner (No. 2) [2020] NSWDC 23 - security for costs, "whether a cryptocurrency investment account is a sufficiently secure asset"

Melco Resorts & Entertainment Limited v The Independent Liquor and Gaming Authority [2020] NSWSC 53 - statutory interpretation

Robinson v Robinson [2020] NSWCA 4 - succession

The competent professional practice 'defence' and valuers by Richard Cheney SC of Greenway Chambers - considers section 5O of the Civil Liability Act 2002, and the standard of care for professionals in relation to valuers

Further regulation will harm Australian broadcast news by Ian Robertson AO of Holding Redlich - examines an announcement by the Australian Communications and Media Authority that it is inquiring into impartiality and commercial influence in Australian commercial free and pay broadcast news and current affairs

How does FIRB decide if foreign investments are in the national interest? - Deborah Johns of Gilbert+Tobin interviewed on Nightlife with Philip Clark, on ABC Radio

Law Pod UK EP 103 : Secular law intervenes in religious marital deadlock - Anthony Metzer QC discusses a New UK law on oppressive behaviour in a relationship with Rosalind English

Law Report (ABC) for 25 February presented by Damien Carrick - Legal diversity in Malaysia

Wage wars – underpayment may become a crime by Mick Moy, Cameron Dean, Tim Longwill, Scarlet Reid, Nicola McMahon and Jessica Rose of McCullough Robertson - examines 'wage theft'

New South Wales law reports, Volume 99(5), February 2020 - in this issue : Fyna Projects Pty Ltd v Chief Commissioner of State Revenue / Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd / Li v Attorney General for New South Wales / Stamford Property Services Pty Ltd v Mulpha Australia Ltd / Steinmetz v Shannon / Turner v State of New South Wales

Commonwealth law bulletin, Volume 45(1), March 2019 - in this issue : Receiverships and the reform of personal property security law in Nigeria Gregory Esangbedo / Evolution of the criminal justice system in Bangladesh : colonial legacies, trends and issues Hussain M Fazlul Bari / Effective regulation of insider trading on the Malawi Stock Exchange : a critical analysis of the statutory regime Mayamiko Shephard Tembo Jr / Technology transfer for development in Nigeria : patterns, problems and prospects Collins C Ajibo, Miriam C Anozie, Emmanuel Onyeabor, Timothy O Umahi, Jude J Odinkonigbo and Helen Agu / Business goodwill : relationships of production, legal superstructures and an administrative prerogative act developed in United Kingdom ideology and case law Gary Lilienthal / The status of customary international law under the Nigerian legal system Muyiwa Adigun / Benjamin v Kalio : reversing the law on admissibility of unregistered land instruments in Nigeria Anthony Osaro Ewere

Annotated criminal legislation New South Wales 2019-2020 / Roderick N Howie and Peter A Johnson

Authority to decide : the law of jurisdiction in Australia (2nd ed) / Mark Leeming

Carter's criminal law of Queensland (23rd ed) / M J Shanahan, S M Ryan, A J Rafter, J J Costanzo and A Hoare

The contract of employment (2nd ed) / Mark Irving

Cross on evidence : twelfth Australian edition / J D Heydon

Cowap v Cowap [2020] NSWCA 19 - succession,"competing interests of disabled adult son and elderly widow"

R v Betka [2020] NSWSC 77 - criminal law, "engaging in hostile activity in foreign country"

Von Schoeler v Allen Taylor and Company Ltd Trading as Boral Timber (No 2) [2020] FCAFC 13 - human rights, sexual harassment, vicarious liability

The female sharia law judge who decides if men can take a second wife by Damien Carrick for Shifting Cultures (ABC News)

Gangland lawyer Zarah Garde-Wilson launches court action to unmask Google reviewer by Danny Tran on ABC News

Champions of the rule of law, learning through uncertainty presented by Justice Chris Maxwell, President, Victorian Court of Appeal

Do employers need to start telling their employees to limber up before heading home? by Katherine Werren and Lawrence Mai of Allens - considers Mustica and Comcare (Compensation) [2019] AATA 5426

Law Report (ABC) for 18 February presented by Damien Carrick - Former Facebook moderator sues social media giant for PTSD

Legal consequences of coronavirus outbreak on contracts : force majeure and frustration by Ben Davidson, Elena Stojcevski, Simone Pappas and Nicholas Laurie of Corrs Chambers Westgarth - considers the contract consequences of Novel Coronavirus

Unlawful termination of employment must not be confused with unfair termination - a note on Pezzimenti v Rotary International by Tom Brennan of 13 Wentworth Chambers - considers Pezzimenti v Rotary International [2019] FCCA 1854 and Pezzimenti v Rotary International (No. 2) [2020] FCCA 95

Internet intermediaries and trade mark rights / Althaf Marsoof

Interpreting executive power / Janina Boughey and Lisa Burton Crawford (eds)

Law making and human rights : executive and parliamentary scrutiny across Australian jurisdictions / Julie Debeljak and Laura Grenfell (eds)

Renewable energy law : an international assessment / Penelope J Crossley

Sexual orientation, gender identity and international human rights law : common law perspectives / Kerry O'Halloran

'Groundbreaking' : Melbourne dentist granted court order to unmask anonymous critic from SBS News

High Court decision in Love and Thoms case reflects Aboriginal connection to the land by Anne Twomey on ABC News

Web browsing histories are being given to Australian police under data retention powers by John Taylor on The Guardian

Kabbabe v Google LLC [2020] FCA 126 - reputation, Google

Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 - citizenship, "Aboriginal Australian"

Notice of motion

Mining Amendment (Climate Protection—Prohibition of Thermal Coal Mining) Bill 2020 - in Legislative Assembly, notice of motion, 4 February 2020

AI – new forms of old problems by Melissa Fai and Erica Chan of Gilbert+Tobin - examines control of artificial intelligence

California sets new standard for privacy in US by Dan Pearce of Holding Redlich - the new California Consumer Privacy Act can apply to entities located outside that state, in the Act the definition of "personal information" is broader than in the Australian Privacy Principles, it extends to information that "is capable of being associated with, or could reasonably be linked" with a person residing in California

Court gives effect to strata renewal plan by Samuel Brown, Tracey Jordan and Eleni Brooks of K&L Gates - considers Application by the Owners – Strata Plan No 61299 [2019] NSWLEC 111

​Law as a reflection of the 'moral conscience' of society presented by Chief Justice Bathurst AC - examines moral values

Law Report (ABC) for 11 February presented by Damien Carrick - The High Court rules Indigenous people can't be 'aliens'. Plus, is illegally obtained evidence allowed in court?

Once and for all - varying or setting aside final property orders by Leah Reid of Greenway Chambers - examines final property orders

Statutes and equity presented by Chief Justice Allsop - examines the relationship between statutes and equity

Australian civil procedure (12th ed) / Bernard C Cairns

Australian real property law (7th ed) / Anthony P Moore, Lynden Griggs and Scott Grattan

Civil procedure in New South Wales (4th ed) / Miiko Kumar, Michael Legg and Ilija Vickovich

Duggan and Lanyon's consumer credit law (2nd ed) / Hal Bolitho, Nicola Howell and Jeannie Paterson

Government powers under a federal Constitution (2nd ed) / John Pyke

Principles of the Australian law of remedies / David Wright

Sentencing in Australia (7th ed) / Mirko Bagaric, Theo Alexander and Richard Edney

Federal Court reports, Volume 266(4), January 2020 - in this issue : G v Minister for Immigration and Border Protection / Home Affair, Minister for v G / Home Affairs, Minister for v HSKJ / Tanioria v Commonwealth (No 3) / Unique International College Pty Ltd v Australian Competition and Consumer Commission

New South Wales law reports, Volume 99(4), February 2020 - in this issue : Globe Church Incorporated v Allianz Australia Insurance Ltd / Johnston v R / Joyce (a pseudonym) v R / White v Redding / White v Williams

South Australian state reports, Volume 133(3), February 2020 - in this issue : Douglas v Morgan / Heyne v Police / Marisha Nominees Pty Ltd v Daw / Mathew (SA) Nominees Pty Ltd v Belconnen Automotive Pty Ltd / Nicolle v Police / Public Advocate v C, B / R v Deboo / R v W, R / Thomas v Attorney General (SA)

Adelaide law review, Volume 40(2), 2019 - in this issue : Professor Ivan Shearer AM RFD FAAL RAN (RTD) 1938-2019 : tributes Dale Stephens and Matthew Stubbs, james Crawford, Rebecca LaForgia, Andru Wall, Philippe Sands, Rüdiger Wolfrum, Horst Lücke, Roderick O'Brien, Tim Stephens, Ustinia Dolgopol / Law, war, ethics and conscience : an enduring conundrum Matthew Stubbs and Dale Stephens / Conscience and coercion : justice and the Defence Act Richard Adams / Conflating conscience and legality in international law : implications for the future Angeline Lewis / The enduring legacy of the Martens clause : resolving the conflict of morality in international humanitarian law Mitchell Stapleton-Coory / Reflections on the relationship between law and ethics Martin Cook / I am not a high preist in a secular military Duncan Blake / Locating the mouth of a river in Australian law Stuart Kaye / The High Court's minimalism in statutory interpretation Jamie Blaker / The Constitution and the common law again Greg Taylor / case note : Burns v Corbett Azaara Perakath / Case note : Stone v Chappel Jade Bouchier / Termination of tenancy in common by adverse possession : a comparative lesson from the United States John Orth

Criminal law review, Issue 2, 2020 - in this issue : A Royal Commission on criminal justice? David Ormerod / Acid, knives, and firearms : the Offensive Weapons Act 2019 Rudi Fortson QC / Digital legal rights : exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice Vicky Kemp / You can't have one without the other one : "gender" in hate crime legislation Jennifer Schweppe and Amanda Haynes / Cases and comments : Evidence - R v Shaid (Mohammed), R v Day (Richard Colin), R v Twigg, Sentencing - R v Assaf (Basil), R v Morris (Eliot Omur), Summary offences : time limits - R (on the application of Chesterfield Poultry Ltd) v Sheffield magistrates' Court

Law Institute journal, Volume 94(1&2), January/February 2020 - in this issue : call for bushfire disaster legal help Sam Pandya / Farewell to a giant of the profession Carolyn Ford / Meet the new LIV president Karin Derkley / Chief Magistrate Lisa Hannan / Chief Magistrate Peter Lauritsen / Algorithmic discrimination Natalie Sheard / damages for unlawful subletting Anton Trichardt / Is it a gift or a loan? David Riddiford / The best of times Scott K Morris / Sex Offenders Register : a guide for lawyers Bill Doogue / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt AM / What to do when your client might be lying Donna Cooper / Better laws make better neighbours VLRC / Keep your files moving Legal Practitioners' Liability Committee / Understanding the Public Purpose Fund Fiona McLeay / Beware the owners corporation insurance trap LIV Property and Environment Law Section / Rewriting the VSM David Tedhams / Zoom Peter Moran / Top five reform agenda Micheil Paton / Class action fees shakeup Michael Legg / Legal portraits unveiled Carolyn Ford / Feeling jaded? / Bring on the resolutions Dr Martine Marich / Research leader turns 25 Carolyn Ford

Sydney law review, Volume 41(4), December 2019 - in this issue : University of Sydney law graduation Peter Gerangelos / The inherent jurisdiction of courts and the fair trial Rebecca Ananian-Welsh / Reconciling equitable claims with Torrens title Rohan Havelock / Legislative constitutional baselines Lael K Weis / Responsible government and parliamentary intention : the impact of Wilkie v Commonwealth Angus Brown

The NSW Independent Liquor and Gaming Authority is conducting an inquiry into Crown Resorts’ Barangaroo casino licence, see information on the inquiry website.

Bullen and Leake and Jacob's precedents of pleadings (19th ed) / Lord Brennan and William Blair (eds)

Commercial litigation : pre-emptive remedies (3rd International ed) / Iain S Goldrein (ed)

Form and substance in the law of obligations / Andrew Robertson and James Goudkamp (eds)

Merkin and Flannery on the Arbitration Act 1996 (6th ed) / Robert Merkin and Louis Flannery

Reconceptualising strict liability for the tort of another / Christine Beuermann

Rights, wrongs, and injustices : the structure of remedial law / Stephen A Smith

Wills, probate and administration law in New South Wales (2nd ed) / Stephen Janes, David Liebhold, Paul Studdert

Equal justice : fair legal systems in an unfair world / Frederick Wilmot-Smith

Foskett on compromise (9th ed) / David Foskett

Mortgagee's power of sale (4th ed) / Clyde Croft and Robert Hay

Narrative and metaphor in the law / Michael Hanne and Robert Weisberg

Snell's equity (34th ed) / John McGhee

Trials of the state : law and the decline of politics / Jonathan Sumption

High Court to determine whether 'Palace letters' written during the Whitlam dismissal should be released by Elizabeth Byrne on ABC News

How law reflects the 'moral conscience' of society : Bathurst CJ by Jerome Doraisamy on Lawyers Weekly

How training police to understand people with autism could save lives on SBS News

Is facial recognition technology worse at identifying darker-skinned faces than lighter ones? on RMIT ABC Fact Check

Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2020] HCA 2 - customs and excise, customs tariff

Grech v The Queen; Kadir v The Queen [2020] HCA 1 - evidence, admissibility

Treasury welcomes feedback on exposure draft legislation created in response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Hayne Royal Commission).

The Bills are available on the consultation page.

Climate change litigation update by Elisa de Wit, Sonali Seneviratne and Huw Calford of Norton Rose Fulbright - examines climate change litigation

Intentional, reckless and criminally negligent : when can an employee's state of mind be taken for that of the company? by Paul Lalich, Andrew Scully and Jonathan Daniel of HWL Ebsworth - considers Environment Protection Authority v Wollondilly Abattoirs Pty Limited & Davis [2019] NSWCCA 312

International disputes in 2020 : the outlook for Australian business by Bronwyn Lincoln and Mariam Francis of Corrs chambers Westgarth - considers likely trends in international dispute resolution in 2020

Law Report (ABC) for 4 February presented by Damien Carrick - Bushfire smoke, air pollution and the law

Treasury's Exposure Draft Bills introduce important and significant changes by Michelle Levy and Michael Mathieson of Allens - considers exposure draft legislation introduced in response to the Hayne Royal Commission

Brief, Volume 46(11), December 2019 - in this issue : President's report Greg McIntyre SC / Editor's opinion Jason MacLaurin SC / Modern ethical dilemmas : upholding client confidentiality as the cornerstone Tim Houweling / Pointing the finger - making allegations of wrongdoing by another practitioner to the Legal Profession Complaints Committee Martin Cuerden SC / Israel Folau : the last line of defence : pt II - counteroffensive : the contract claims Chris Edmonds SC / 2018/19 annual report - President's report Greg McIntyre SC / 2018/19 annual report - Chief Executive Officer's report David Price / A matter of trust : Re Application of Country Road Services Pty Ltd (Re Browne Family Trust) [2019] NSWSC 779 Jonathan Haeusler and Michelle Hankey / Mandatory cancellation of visas pursuant to section 501 of the Migration Act 1958 (Cth) Sophie Manera / Federal Court judgments Dan Star QC / High Court judgments Andrew Yuile / Family law case notes Robert Glade-Wright / The tale of the pregnant passenger John McKechnie QC / Law Council update

LSJ, Issue 63, February 2020 - in this issue : President's message Richard Harvey / New Law Society president outlines 2020 vision Claire Chaffey / Six minutes with Chief Justice Will Alstergren Amy Dale / NSW legal profession rallies to support bushfire victims Kate Allman / Online justice : the way of the future? Richard Susskind / At lunch with... Stuart Clark Kate Allman / Code red : bushfires spark high legal demand Kirrily Schwarz / How old is old enough to be a criminal? Amy Dale / North Korea : a human rights disaster lost in the dark Kate Allman / The marketing of authenticity Angela Heise / A robust and surprising career Kirrily Schwarz / Top of mind Angela Tufvesson / Expert-backed ways to make your new year's resolution stick Kate Allman / The case that changed me, Pauline Wright Floyd Alexander-Hunt / The latest developments in Law Society Advocacy and law reform Law Society Policy and Practice Department / Risky business : super case heats up climate debate Iloana Millar and Sharona Coutts / High Court's rejection of common funds shakes up class actions landscape Ross Foreman SC / The right to silence in NSW : new study delivers compelling findings Dr Eugene Schofield-Georgeson / Risk management and compliance - two sides of the same coin John McKenzie / Solicitor consultants : have you considered the terms of your PC? Glenda Carry and Frances Moffitt / Solicitor consultants : have you considered your insurance cover? Janice Purvis and Jen McMillan / I hope this email finds you well (aware of your obligations under the Rules) Angus Macinnis / Using an e-settlement subscriber for econveyancing Richard Harvey and Jen McMillan / The legal implications of Australia's largest World Heritage site Andrew Beatty and Tim Unsworth / Alienations of property with intent to defraud Dr Christopher Birch SC, Penny Thew and Michael France / 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 / Elder law and succession Darryl Browne

Modern law review, Volume 83(1), January 2020 - in this issue : Consent, legitimation, and dysphoria Robin West / Towards a contextual definition of rape : consent, coercion and constructive force Eithne Dowds / Between the 'bank screw' and 'affording assistance'. Rules, standards, and the Bank Charter Act of 1844 Iain Frame / Ethno-national narratives of human rights : the Northern Ireland Policing Board Richard Martin / Post-'Brexit' financial governance : which dispute settlement framework should be utilised? Elizabeth Howell / Executive environmental law Elizabeth Fisher / Lee v Ashers Baking Company Ltd and Others : the inapplicability of discrimination law to an illusory conflict of rights Eugenio Velasco Ibarra / A new chapter in the normalisation of closed material procedures Daniella Lock / Regulating gigs Ruth Dukes

Proctor, Volume 40(1), February 2020 - in this issue : The truth about generational change : proactive planning to meet all member needs Luke Murphy / The pleasure of peer praise : awards program recognises ingenuity and contribution Rolf Moses / The black holes of goal setting Sandra Pepper / New laws put the clamp on claim farming : changes to the Motor Accident and Insurance Act 1994 QLS Accident Compensation and Tort Law Committee / The people's court - Queensland's Civil and Administrative Tribunal celebrates its 10th anniversary Tony Keim / The people who make up QCAT / Looking back. Moving forward. Reflections on 10 years of QCAT Justice Martin Daubney AM / 2020 vision : wlecome to QLS president Luke Murphy John Teerds / A dedicated deputy Elizabeth Shearer / Matters of influence : new legal challenges in marketing by online influencers Tegan Boorman / Building resilience : a key skill for early career lawyers Laura Grasso / Words with the other solicitor's client Stafford Shepherd / William (Bill) Rainsford Loughnan Ari McCamley and Alex Ramsey / Proof of effective service Kylie Downes QC and Alexander Psaltis / 'Disgraceful and dishonourable' : powers of attorney and elder abuse Christine Smyth / Partner's contributions continued during separations Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC

University of Tasmania law review, Volume 38(1), 2019 - in this issue : Justice Kennedy's legacy of constitutional comparativism : an Australian perspective Jemimah Roberts / The future of the fettering rule in judicial review Christopher Chiam / The Westminster model in comparative administrative law : incentives for controls on regulation-making Andrew Edgar / In search of a model provision for rape in Australia Andrew Hemming / Ways of making you talk : Germany's judicial determinations that the executive must answer parliamentary questions properly Greg Taylor / Lazarus in Tasmania : comparing the responsibility to communicate and ascertain consent under New South Wales and Tasmanian law Taylor Bachand / Online misogyny as a hate crime : a challenge for legal regulation Elizabeth Reed / Alternative dispute resolution and domestic violence : women, divorce and alternative justice Emilie Lewis / Constitutional recognition : first peoples and the Australian settler state Naomi Hauser / Civil-military 'legal' relations : where to from here? The civilian courts and the military in the United Kingdom, United States and Australia Rick Sarre / State and religion : the Australian story Samuel Camp