The Library Bulletin

Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2020] FCAFC 130 - misleading or deceptive conduct

Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080 - human rights, discrimination

CanLII has added access to approximately 4,800 decisions from Reports of Family Law to CanLII.org, see the cases here.

In progress

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Council, to be reported, 28 July 2020

Defamation Amendment Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 29 July 2020

Privacy and Personal Information Protection Amendment (Service Providers) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 30 July 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 29 July 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Council, to be reported, 28 July 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - in Legislative Assembly, second reading debate, debate interrupted, 30 July 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Council, to be reported, 29 July 2020

Awaiting assent

Digital Restart Fund Bill 2019 - awaiting assent, 28 July 2020

Australian states agree to overhaul of 'outdated' defamation laws by Michael McGowan on the Guardian

National cabinet deliberations may not be exempt from FoI, legal advice says by Katharine Murphy on The Guardian

NSW runs AI over legislation to find reform opportunities by Justin Hendry on IT News

The push to raise Australia's minimum age of criminal responsibility by Henry Zwartz and Joseph Dunstan on ABC News

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.

Bostock v Clayton County and a tribute to William Ah Ket - The Wigs podcast - Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns discuss the US Supreme Court decision Bostock v Clayton County, Georgia, Supreme Court of the United States, Slip Opinion, No. 17–1618. Argued October 8, 2019—Decided June 15, 2020 where a US man was fired for "conduct unbecoming a county employee" and profile William Ah Ket

Is the constitutional injunction 'ordinary'? Smethurst v Commissioner of Police by Jason N E Varuhas on Opinions on High High Court Blog - considers Smethurst v Commissioner of Police [2020] HCA 14

Law Report (ABC) for 28 July presented by Damien Carrick - Queensland parliament to vote on legalising Torres Strait Island childrearing practices

Law Talking Episode 3 from Greenway Chambers - Frank Hicks SC, Adele Carr and Leah Reid look at current issues and three 3 recent full federal court decisions on the question of "contractor or employee?"

Professional sports and the dangerous recreational activities defence: what conduct amounts to an obvious risk? by Richard Johnson and Peter Miller of McCabe Curwood - considers Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152

Protest in a pandemic – the Special status of public spaces by Maria O'Sullivan on Australian Public Law - considers the public law implications of COVID-19

Trace (season 2) : the informer - ABC's Rachael Brown tells the story of informer Nicola Gobbo

History Matters : Crime histories and the Australian story

On 5 August from 5.30 to 6.30 - Dr Rachel Franks, Nerida Campbell and Dr Andy Kaladelfos will discuss crime histories in an online talk from State Library of NSW.

Register for free here.

Company meetings and resolutions : law, practice and procedure (3rd ed) / Leslie Kosmin and Catherine Roberts

Criminal procedure in Australia (2nd ed) / Francine Feld, Andrew Hemming and Thalia Anthony

Environmental, planning and climate law in Queensland / Rowena Maguire, Evan Hamman, Justine Bell-James, Amanda Kennedy and Philippa England

Partnership law : the modern law of firms, limited partnerships and LLPs (6th ed) / Mark Blackett-Ord and Sarah Haren

Powers of attorney (3rd ed) / G E Dal Pont

Justice Legislation Amendment Act (No 2) 2019 No 20 — 27 July 2020 appointed as the day on which Schedule 1.15 to the Act commences, published on legislation website 24 July 2020

Fingerprint comparison and adversarialism : the scientific and historical evidence by Gary Edmond, Emma Cunliffe and David Hamer in Modern law review (open access) - considers fingerprint evidence

Independent review recommends fundamental reform of 'archaic, ineffective' EPBC Act by Bill McCredie, Eve Lynch and Naomi Bergman of Allens - considers the Interim report of the Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999

Law Report (ABC) for 21 July presented by Damien Carrick - Family violence killing found to be a workplace death

The meaning of "consumer" is changing by Georgia Milne of Holding Redlich - considers the meaning of consumer

William and Lonsdale Podcast Episode 8 : Judge Arushan Pillay

Catherine Bond is doing an online book talk about her new book Law in war on 28 July at 12.30, register for free here.

"A nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of the law on Australians during the First World War. In her new book, Law in War, author and academic Catherine Bond breathes life into the laws that were central to the way people were managed in Australia, 1914–18".

Ajia v TJ & RF Fordham Pty Ltd trading as TRN Group [2020] NSWDC 371 - torts, "duty of care owed to labour hire worker by controller of building site", skylarking, horseplay

CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104 - immigration, alleged apprehended bias

Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 - human rights, discrimination, sexual harassment

Inacio v Luckose [2020] NSWCATAP 149 - fences and boundaries, definition of "fence"

Milson v Milson [2020] NSWSC 919 - burial rights

Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152 - torts, negligence, civil liability, meaning of "recreational activity"

A virtual Australian parliament is possible – and may be needed – during the coronavirus pandemic by Anne Twomey on The Conversation

What's the law when it comes to coastal erosion? on Saturday Breakfast with Craig Hamilton

Why Monty Python's Life of Brian, once rated X, is now a 12A by on BBC

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.

Have your say on the Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999.

Fill in the survey on the report here.

The closing date for the survey is Monday 17 August 2020 at 9 am.

Confidentiality (4th ed) / R G Toulson and C M Phipps

Frank & fearless / Nicholas Cowdery

Real property law in Queensland (5th ed) / Anne Wallace, Michael Weir and Les McCrimmon

Uniform evidence law (15th ed) / Stephen Odgers

Anti-money laundering and counter-terrorism financing law and policy : showcasing Australia / Anne Imobersteg Harvey

Enemies of the people? : how judges shape society / Joshua Rozenberg

Interpretation and use of legal sources : the laws of Australia (2nd ed) / Perry Herzfeld, Thomas Prince

The law affecting valuation of land in Australia (6th ed) / Alan A Hyam

Lewin on trusts (20th ed) / Lynton Tucker, Nicholas Le Poidevin and James Brightwell

Principles of dispute resolution (3rd ed) / David Spencer

Rectification of documents / John Tarrant

Victoria to set up Australia's first truth and justice commission to recognise wrongs against Aboriginal people by Lorena Allam on The Guardian

Moodie v R [2020] NSWCCA 160 - "Although the sentencing judge’s failure formally to refer to Whyte is not determinative, it was nevertheless not insignificant, especially when coupled with the fact that neither counsel referred to it in their submissions"

Qaumi, Farhad v R; Qaumi, Mumtaz v R; Qaumi, Jamil v R [2020] NSWCCA 163 - criminal law, ganland violence

R v Sandeson, 2020 NSCA 47 - "it offends society’s sense of fair play and fundamental notions of justice for the state to accept assistance of a professional in the investigation and prosecution of an accused when that professional is currently retained by that accused"

SW v Khaja [2020] NSWCA 128 - motor vehicle accident, passenger falling from moving taxi, central factual contest as to whether she was engaged in joint criminal enterprise of attempted armed robbery of the driver

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.

Court finds Council not entitled to costs following discontinuance of Class 1 appeal by Breellen Warry, Georgia Appleby and Shenaye Ralphs of Holding Redlich - considers Xia v Hornsby Shire Council [2020] NSWLEC 73

Design and Building Practitioners Act 2020 – implications for insurers by Scott Kennedy of McCabe Curwood - considers the Design and Building Practitioners Act 2020 (NSW)

Dyson Heydon, harassment and what it means for the legal profession from The Wigs podcast

Law Report (ABC) for 14 July presented by Damien Carrick - New security laws are designed to confuse, says former Hong Kong barrister. And, should the Bernard Collaery trial be held in secret?

William and Lonsdale Podcast Episode 6 - Felicity Gerry QC

We have temporary access to a selection of Lexis e-books via Lexis Red.

Remember that we also have Lexis loose-leafs on the platform. Lexis Red gives you remote access to Lexis resources on your desktop computer, laptop or tablet.

If you are not already signed up for Lexis Red please email lexisred@nswbar.asn.au.

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.

Australia's world-first anti-encryption law should be overhauled, independent monitor says by Paul Karp on The Guardian

The law that could make climate change illegal by Jocelyn Timperley on BBC

The Peter Ellis case and Māori customary law by Martin Van Beynen on Stuff NZ

Top legal women call on Attorney-General to establish independent complaints body for judges by Jacqueline Maley and Kate McClymont on Sydney Morning Herald

Victory for Yellowstone's grizzly bears as court rules they cannot be hunted by Todd Wilkinson on The Guardian

Bankowski v Commissioner of Police [2020] NSWCATAD 175 - prohibited firearm, military design, "of a kind"

Flowers v State of New South Wales [2020] NSWSC 883 - application for judge to disqualify himself, bias

Southey v The Australian Press Council [2020] NSWCATAD 177 - anti-discrimination, transgender grounds