The Library Bulletin

Are 20th Century defamation laws apposite to regulating social media? by Susan Goodman and Mina Rassam of Holding Redlich - considers Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102

The family provision jurisdiction in historical perspective - speech by Justice Geoff Lindsay at Macquarie Law School, Succession

Government decision makers should think twice before jumping on the ban-wagon : lessons from the Brett Cattle class action by James Smart, Michelle McCorkell, Bridie O'Shannessy and Amelia French of Maddocks - considers Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732

The June 1870 intercolonial conference and the path to Federation by Nathan Church in FlagPost (Parliament of Australia) - considers the 1870 intercolonial conference and engagement between Australia's jurisdictions

Just Cases Episode 17 : Do witchcraft laws breach freedom of religion? - hosts Dr Melissa Castan and James Pattison talk to Dr Luke Beck about witchcraft, freedom of religion and the decision in Hansen v Archdall and Smith [1930] HCA 16; 44 CLR 265

Law and Business Seminar : Boards and AI - at Sydney University Law School, chaired by Professor Jason Harris, with speakers Dr Akshaya Kamalnath and James North

Law Report (ABC) for 23 June presented by Damien Carrick - Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft

Statements of reasons : issues of legality and best practice by Justice Melissa Perry - considers provision of reasons

The statutory duty of care in the construction industry commences : Design and Building Practitioners Act 2020 by Emanuel Confos, Jason Kalliris and Kylie Lightman of Norton Rose Fulbright - examines the Design and Building Practitioners Act 2020 (NSW)

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

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. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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.

If you have any queries regarding the new system please do not hesitate to contact us by email.

AFX17 v Minister for Home Affairs (No 3) [2020] FCA 890 - immigration, "necessity for a Minister to act in accordance with law – failure to do so"

SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Ltd [2020] NSWDC 330 - "taking evidence of interstate witnesses via audio visual link during COVID-19 pandemic – whether evidence should be taken from the home or workplace of each witness"

Assented

Crimes Amendment (Special Care Offences) Act 2020 No 11 - assented to 23 June 2020, commenced on assent

Law Enforcement Conduct Commission Amendment Act 2020 No 13 - assented to 23 June 2020, commenced on assent

Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12 - assented to 23 June 2020, not yet in force, to be proclaimed

State Revenue Legislation Further Amendment Act 2020 No 14 - assented to 24 June 2020, commenced on assent

Proclaimed

Casino Control Amendment Act 2018 No 8 — 1 July 2020 appointed as the day on which Schedule 1[28] to the Act commences, published on legislation website 26 June 2020

Community Gaming Act 2018 No 60 — 1 July 2020 appointed as the day on which the Act commences, published on legislation website 26 June 2020

Strata Schemes Management Amendment (Building Defects Scheme) Act 2018 No 49 — 1 July 2020 appointed as the day on which the Act commences, published legislation website 26 June 2020

ACT chief prosecutor asks police to investigate Dyson Heydon - Jane Needham SC in discussion with Fran Kelly on Radio National Breakfast

Australia is failing to meet its basic human rights obligations, report finds by Jennifer Luu on SBS News

Australia urgently needs an independent body to hold powerful judges to account by Gabrielle Appleby on The Conversation

Bottling the smells of the Magna Carta, Iliad and Shakespeare for a whiff of history by Jane Lee and Julie Street for Late Night Live (Radio National)

Court databases may prejudice the innocent ; lawyers and privacy experts fear by Samantha Donovan on PM

Natural justice is a golden rule of investigations. Has it been followed in the Dyson Heydon case? by Kate Eastman on The Guardian

Ten years since Australia got its first female prime minister, how diverse is its parliament? by Vivienne Pearson on SBS News

This is what it's like to be a woman in law. This is why it's time for change by Jane Needham SC on Insight

Appeal court quashes two of seven convictions for magistrate Graeme Curran by Georgina Mitchell on Sydney Morning Herald

Facial surveillance is slowly being trialled around the country by Nadia Daly on ABC News

NSW launches deaths in custody inquiry following Black Lives Matter protests on SBS News

One per cent of the world's population is now forcibly displaced by Amelia Dunn on SBS News

US Supreme Court bars discrimination against LGBT workers in landmark ruling on ABC News

The Wigs, their Black Lives Matter win and their top-rating podcast by Michaela Whitbourn on Sydney Morning Herald

In progress

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 June 2020

Crimes Amendment (Special Care Offences) Bill 2020 - in Legislative Council, to be reported, 16 June 2020

Digital Restart Fund Bill 2019 - in Legislative Assembly, consideration of Legislative Council amendments, 18 June 2020

Personal Injury Commission Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 17 June 2020

Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 - in Legislative Council, referred to committee for inquiry and report, 17 June 2020

Privacy and Personal Information Protection Amendment (Service Providers) Bill 2020 - in Legislative Assembly, second reading speech, interrupted mover's second reading speech, 18 June 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 16 June 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 June 2020

Transport Administration Amendment (International Students Travel Concessions) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned, 18 June 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 16 June 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 17 June 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2020

Awaiting assent

Crimes Amendment (Special Care Offences) Bill 2020 - awaiting assent, 16 June 2020

Law Enforcement Conduct Commission Amendment Bill 2020 - awaiting assent, 17 June 2020

Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 - awaiting assent, 16 June 2020

State Revenue Legislation Further Amendment Bill 2020 - awaiting assent, 18 June 2020

Negatived

Building Amendment (Mechanical Services and Medical Gas Work) Bill 2020 - negatived, 18 June 2020

Notices of motion

Crimes (Domestic and Personal Violence) Amendment (Coercive and Controlling Behaviour) Bill 2020 - in Legislative Council, notice of motion, 17 June 2020

Gas Legislation Amendment (Medical Gas Systems) Bill 2020 - in Legislative Assembly, notice of motion, 16 June 2020

NSW Jobs First Bill 2020 - in Legislative Assembly, notice of motion, 17 June 2020

Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107 - consumer law, misleading or deceptive conduct

Bostock v Clayton County, Georgia, Supreme Court of the United States, Slip Opinion, No. 17–1618. Argued October 8, 2019—Decided June 15, 2020 - employers can't fire workers for being gay or transgender, "An employer who fires an individual merely for being gay or transgender violates Title VII."

JSTOR are providing free access to 100 articles per month until the end of the year. To use just register yourself here.

While public libraries in NSW are now allowed to reopen, the Bar Library will not be reopening as yet. We know that you have been missing the textbooks in particular and we appreciate your patience and forbearance. As you know, we have been trialling a 'Click, Collect and Return' service for textbook loans.

Please submit any loan requests using the click and collect button on the full catalogue record. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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 we will not be able to provide recalled books at the speed of light as we will be working within current guidelines regarding quarantining and sanitising library materials and relying on the kindness of your colleagues in returning books currently on loan : "The current recommendation is that books be quarantined for 24 hours. Materials that are in a plastic case or covering should be wiped down with alcohol wipes, or with alcohol-based cleaners. Alternately, these materials can also be quarantined for 72 hours".

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

If you have any queries regarding the new system please do not hesitate to contact us by email and remember, don’t hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

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

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues by Jaime McKenzie of Allens - considers Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107

Enforcing foreign judgments in Australia and Australian judgments in foreign jurisdictions by Tim Case, John Kettle, Erika Williams and Jennie-Lee Schloffer of McCullough Robertson - considers enforcement of foreign judgments

Law in action for 16 June presented by Joshua Rozenberg - Reinventing the law

Law Report (ABC) for 16 June presented by Damien Carrick - Retired Magistrate David Heilpern critical of NSW drug driving laws

Magna Carta (BBC Radio 4) - episodes on The Road to Magna Carta, Runnymede, 1215, The aftermath of Runnymede and The legacy of Magna Carta

The Wigs, Season 2, Episode 1 - The Black Lives Matter protest case

The Parliament of NSW has established an inquiry into First Nations deaths in custody, see the inquiry page - Select Committee on First Nations people in custody in New South Wales

A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) - "If the resolution of the academic issue helps to protect even one such child in peril, then that surely is a good reason in the public interest to hear it." (Mostyn J)

Hanna v R [2020] NSWCCA 125 - the Local Court's jurisdictional limit limits the post-discount sentence, not the pre-discount sentence

Herron v HarperCollins Publishers Australia Pty Ltd [2020] FCA 805 - "documents produced under compulsion at Royal Commission – whether documents protected under ss 118 and 119 of the Evidence Act 1995 (Cth) – whether documents were created for dominant purpose of provision of legal advice"

Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 - employer can be held responsible for family violence when staff work from home

While public libraries in NSW are now allowed to reopen, the Bar Library will not be reopening as yet. We know that you have been missing the textbooks in particular and we appreciate your patience and forbearance. As you know, we have been trialling a 'Click, Collect and Return' service for textbook loans.

Please submit any loan requests using the click and collect button on the full catalogue record. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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 we will not be able to provide recalled books at the speed of light as we will be working within current guidelines regarding quarantining and sanitising library materials and relying on the kindness of your colleagues in returning books currently on loan : "The current recommendation is that books be quarantined for 24 hours. Materials that are in a plastic case or covering should be wiped down with alcohol wipes, or with alcohol-based cleaners. Alternately, these materials can also be quarantined for 72 hours".

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

If you have any queries regarding the new system please do not hesitate to contact us by email and remember, don’t hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

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

Proclamations commencing Acts

Transport Administration Amendment (Transport Entities) Act 2017 No 12 - 1 July 2020 appointed as the day on which the uncommenced provisions of the Act commence. Published on legislation website 12 June 2020

Bills assented to

Work Health and Safety Amendment (Review) Act 2020 No 10 — assented to 10 June 2020

Design and Building Practitioners Act 2020 No 7 — assented to 10 June 2020

Evidence Amendment (Tendency and Coincidence) Act 2020 No 8 — assented to 10 June 2020

Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9 — assented to 10 June 2020

Dating – the language of the law by Michael G J Upton on Scottish Legal News - considers legal language

Henry Parkes had a vision of a new Australian nation. In 1901, it became a reality by David Lee on The Conversation - a look at Henry Parkes

Jenny Hocking : why my battle for access to the 'Palace letters' should matter to all Australians by Jenny Hocking on The Conversation - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

Law in Action (BBC) for 9 June presented by Joshua Rozenberg - Gambling with the law

Law Report (ABC) for 9 June presented by Damien Carrick - George Floyd killer charged with 2nd degree murder. Australian Black Lives Matter protests. And the case of the Hitler meme

Lawyers' uses of history, from Entick v Carrington to Smethurst v Commissioner of Police by Justice Mark Leeming, 2020 Forbes Lecture

Palace letters are Commonwealth records : a victory for democratic transparency by Maria Nawaz on Australian Public Law - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

How one woman got the Merriam-Webster dictionary to change the definition of racism on SBS News

While public libraries in NSW are now allowed to reopen, the Bar Library will not be reopening as yet. We know that you have been missing the textbooks in particular and we appreciate your patience and forbearance. As restrictions are beginning to ease, we are pleased to advise that from 9 June 2020 the Bar Library will be trialling a 'Click, Collect and Return' service for textbook loans.

We hope that this service will enable us to fulfil your requests for hard copy textbooks without significantly increasing health risks to library users and staff.

The Click, Collect and Return Service will operate on Mondays and Thursdays 11:00 am-1:00 pm. Please see the how to guide here.

The books will be available for you to collect from a trolley outside the library on the sub-basement level of Selborne Chambers. There will also be a returns trolley available. The library will not be open; it will only be possible to collect and return books at these times.

Please note that we will not be able to provide recalled books at the speed of light as we will be working within current guidelines regarding quarantining and sanitising library materials and relying on the kindness of your colleagues in returning books currently on loan:

"The current recommendation is that books be quarantined for 24 hours. Materials that are in a plastic case or covering should be wiped down with alcohol wipes, or with alcohol-based cleaners. Alternately, these materials can also be quarantined for 72 hours".

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

If you have any queries please do not hesitate to contact us by email at libref@nswbar.asn.au or libloans@nswbar.asn.au and remember, don’t hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

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

In progress

Better Regulation Legislation Amendment Bill 2020 - in Legislative Council, awaiting minister's second reading Speech, 2 June 2020

Building Amendment (Mechanical Services and Medical Gas Work) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Constitution Amendment (Water Accountability and Transparency) Bill 2020 - in Legislative Assembly, second reading speech, debate in progress, 3 June 2020

Crimes Amendment (Special Care Offences) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Law Enforcement Conduct Commission Amendment Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 4 June 2020

Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Personal Injury Commission Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Transport Administration Amendment (International Students Travel Concessions) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 4 June 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Negatived

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - negatived, 4 June 2020

Awaiting assent

Design and Building Practitioners Bill 2019 - awaiting assent, 3 June 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - awaiting assent, 3 June 2020

Residential Apartment Buildings (Compliance and Enforcement Powers) Bill 2020 - awaiting assent, 4 June 2020

Work Health and Safety Amendment (Review) Bill 2020 - awaiting assent, 4 June 2020

Does the races power still have a place in the Australian constitution? by Jane Lee for The History Listen (ABC Radio National)

Fairfax Media, Nationwide News and Sky News lose key appeal in Dylan Voller defamation case by Jamie McKinnell on ABC News

Federal Court rules in favour of live exporters in landmark class action against Commonwealth Government by Lucy Barbour and Clint Jasper on ABC News

NSW Government introduces bill to change verdict in court cases where defendant is found to be mentally ill by Lily Mayers on ABC News

What is the Insurrection Act that Trump is threatening to invoke? by Domenico Montanaro of NPR

Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716 - unfair contract terms

Binsaris v Northern Territory of Australia; Webster v Northern Territory of Australia; O'Shea v Northern Territory of Australia; Austral v Northern Territory of Australia [2020] HCA 22 - battery

Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 - administrative law, banning of live exports

Capilano Honey Ltd v Dowling [2020] NSWSC 660 - "There is an obvious security issue to my mind about there being images, and extended video recordings, of the appearance of judicial officers, even in wig and gown. I think to some degree there is also some issue pertaining to that with regard to counsel, and also, unquestionably, with regard to court staff".

Cumberland v The Queen [2020] HCA 21 - crown appeal against sentence for commercial dealing in cannabis plant material and MDMA, "manifest inadequacy"

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 - defamation, appeal against finding that media outlets are publishers of third party comments on public Facebook pages dismissed

WaterNSW v Harris (No 3) [2020] NSWLEC 18 - unauthorised taking of water

Conviction for water take offences – Water NSW v Harris by Kate Swain, Sarah Hausler and Patrick O'Brien of McCullough Robertson - considers WaterNSW v Harris (No 3) [2020] NSWLEC 18

Federal Court declares terms in standard form loan contracts to be unfair by Sophie Bogard and Andrew Hii of Gilbert + Tobin - considers Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716

High Court ruling on 'Palace letters' case paves way to learn more about The Dismissal - and our Constitution by Anne Twomey on The Conversation - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

Important changes to the EP&A Act – lapsing consents, appeal periods and existing uses by Joshua Same and Hayley Tam of Maddocks - considers amendments to the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000

Law in Action (BBC) for 2 June presented by Joshua Rozenberg - Justice in lockdown

Law Report (ABC) for 2 June presented by Damien Carrick - In a legal first, a car driver evading police is jailed for murder. And is the Races Power in our Constitution an anachronism?

Reimagining the Law from British Institute of International and Comparative Law - each day commentators are asked about reimagining the law and five new ideas are posted, 1 June includes Freedom of expression by The Rt Hon Lord Neuberger of Abbotsbury, Global platform for online court hearings by Professor Richard Susskind OBE, ADR and mediation by Andrea Coomber, Breathing space by Lord Phillips of Worth Matravers KG PC, Teach law in schools by Joshua Rozenberg QC and Brand management of the law by Dame Elizabeth Gloster