The Library Bulletin

In progress

Digital Restart Fund Bill 2019 - in Legislative Council, awaiting second reading debate, 24 March 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - in Legislative Council, awaiting second reading debate, 24 March 2020

Work Health and Safety Amendment (Review) Bill 2020 - in Legislative Council, awaiting second reading debate, 24 March 2020

Workers Compensation Amendment (COVID-19) Bill 2020 - in Legislative Council, notice of motion, 5 March 2020

Awaiting assent

Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Bill 2020 - awaiting assent 24 March 2020

COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 - awaiting assent 24 March 2020

Treasury Legislation Amendment (COVID-19) Bill 2020 - awaiting assent 24 March 2020

We have a collection of .pdf unreported judgments that are available remotely via the library catalogue, just go here, log into the catalogue as yourself and then search for the case (best approach is to put the most distinctive word from the party name in the parties field). Note that you can narrow by year etc on the right hand side of the page. Once you have found the judgment click on the icon that looks like a white page with a red e on it.

The Australian Building Codes Board has released out-of-cycle amendment for the National Construction Code (NCC) 2019, see the preview and information about the amendment here.

We subscribe to Lexis Red, a service that enables you to access LexisNexis loose-leaf services remotely on your desktop computer, laptop or tablet.

To subscribe just email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform.

For more information see our Lexis Red Guide.

Remember that we have access to a vast range of ebooks from Federation Press, CCH and Oxford University Press through an ebook platform.

You can browse or search within the platform itself or click on the icon in a library catalogue record. Log in using the same username and password that you use to access the library catalogue.

Can the executor rescind a sale contract after death of vendor : Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 299 and ss 44 and 61 Probate and Administration Act, 1898 by Michael Henley and Christine McPhillips of HWL Ebsworth - considers Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 299

Coming up short – holding short-sellers' responsible for negative research campaigns. Kind of… by Adam D'Andreti, Cassie Bell and Gareth Cantin of Gilbert + Tobin - considers Rural Funds Management Limited as Responsible Entity for the Rural Funds Trust and RF Active v Bonitas Research LLC [2020] NSWSC 61

Compelling oral evidence from an accused corporation : Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25 by Carmel Lee of Greenway Chambers - considers Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25

The difficulties in seeking declarations that easements and covenants have been abandoned or are obsolete by Sydney Jacobs of 13 Wentworth - considers section 89 of the Conveyancing Act 1919 and section 49 of the Real Property Act 1900

Employers win the battle, but not the war by Michael Poulos of McCabe Curwood - considers Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales [2020] NSWCA 26

Law Report (ABC) for 24 March presented by Damien Carrick - COVID-19, prisons and the courts. And the homeless man fined for dumpster diving

Security tips for working from home by Caroline Atkins and Bridget O'Sullivan of Maddocks

Privilege (4th ed) / Colin Passmore

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 following publishers have made their books/resources open access during the COVID-19 outbreak :

Bloomsbury - until 31st of May

Cambridge University Press - until 31st May 2020

Gale Health and Wellness - until 30th June 2020

Project MUSE - growing list of university publishers, access periods vary

There are also these open access resources that are always available :

Directory of Open Access Books

Google Books (select "Full view only")

Open Access books on JSTOR

We subscribe to Lexis Red, a service that enables you to access LexisNexis loose-leaf services remotely on your desktop computer, laptop or tablet.

To subscribe just email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform.

For more information see our Lexis Red Guide.

Remember that we have access to a vast range of ebooks from Federation Press, CCH and Oxford University Press through an ebook platform.

You can browse or search within the platform itself or click on the icon in a library catalogue record. Log in using the same username and password that you use to access the library catalogue.

Justice Legislation Amendment Act (No 2) 2019 No 20 - 19 March 2020 appointed as the day on which Schedule 1.1, 1.11, 1.12, 1.21, 1.24 and 1.25 commence.

Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7 - stamp duty

KMC v Director of Public Prosecutions (SA) [2020] HCA 6 - criminal law, sexual exploitation

The Queen v Guode [2020] HCA 8 - criminal law, sentence, murder

State of Western Australia v Manado & Ors (P34/2019); State of Western Australia v Augustine & Ors (P35/2019); Commonwealth of Australia v Augustine & Ors (P36/2019); Commonwealth of Australia v Manado & Ors [2020] HCA 9 - native title

Strbak v The Queen [2020] HCA 10 - criminal law, manslaughter

Swan v The Queen [2020] HCA 11 - criminal law, murder, causation

Application of common law privileges against self-incrimination and penalties in single director companies by Susan Goodman and Melissa de Jongh of Holding Redlich - considers Meneses & Anor v Directed Electronics OE Pty Ltd [2019] FCAFC 190

Contract performance in a coronavirus world : force majeure clauses and the doctrine of frustration by Peter J Wiazowski and Trevor Zeyl of Norton Rose Fulbright - examines force majeure clauses

A fate worse than death; keeping an estate out of court by Therese Catanzariti or 13 Wentworth Chambers - considers estate litigation

Law Pod UK Ep 104 : The status of EU law during the transition period and beyond - Lord Anderson of Ipswich, Catherine Barnard and Alison Pickup discuss Brexit transition

Law Report (ABC) for 17 March presented by Damien Carrick - How the coronavirus crisis is stress-testing commercial contracts. And how enforceable are self-isolation orders?

Queer law in emotional times presented by Senthorun Raj at the University of Sydney - "explores how LGBT rights have been made possible, and also circumscribed, by progressive legal interventions"

Sections 42 and 43A Civil Liability Act by Richard Cheney SC and Justin O'Connor of Greenway Chambers - considers s42 and 43A of the Civil Liability Act 2002 (NSW) and the decision in Weber v Greater Hume Shire Council [2019] NSWCA 74

The Wigs episode 7 - Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns discuss Love v Commonwealth of Australia [2020] HCA 3

Conversations with RBG : Ruth Bader Ginsburg on life, love, liberty, and law / Jeffrey Rosen

Courts, politics and constitutional law : judicialization of politics and politicization of the judiciary / Martin Belov

The law of estoppel / Michael Barnes

The legal protection of rights in Australia / Matthew Groves, Janina Boughey and Dan Meagher

A theory of legal personhood / Visa A J Kurki

If you need assistance, please call (02) 9233 4025 or email libref@nswbar.asn.au and we will assist you. Your overdue loans will be renewed automatically.

If your research requires an appearance in person, please make use of the available tissues, wipes and hand sanitisers and be kind to the librarians.

As per current protocols, please minimise your visits to the library until the current crisis is over.

Please do not visit if you have any of the following applies to you :

• fever, cough, sore throat, or shortness of breath; or
• have arrived from overseas in the last 14 days; or
• had close contact with someone diagnosed with or suspected of having coronavirus in the past 14 days

*

Australian Securities and Investments Commission v King [2020] HCA 4 - corporations, meaning of "officer" of corporation

BHP Billiton Limited v Commissioner of Taxation [2020] HCA 5 - income tax

Lawson v Minister for Environment and Water [2020] NSWSC 186 - statutory interpretation, "whether land vested in South Australia for an estate in fee simple under s 18 River Murray Waters Act 1915 (NSW) on commencement of that Act on 31 January 1917"

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 - torts, negligence, sausage mince

Rumble v The Partnership Trading as HWL Ebsworth Lawyers [2020] FCAFC 37 - industrial law, adverse action, "applicant employee of law firm, who made repeated criticisms in media about government clients of firm, dismissed for breaching firm's media policy"

Sandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 - insurance, police officer, total and permanent disablement, post traumatic stress disorder

Better Regulation Legislation Amendment Act 2019 No 23 - 10 April 2020 appointed as the day on which Schedule 1.10[1] to the Act commences

Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 No 41 - 10 April 2020 appointed as the day on which the Act commences.

Australian privacy watchdog launches court action against Facebook over Cambridge Analytica access by Jack Snape on ABC News

EU champions bold new climate law by Quirin Schiermeier on Nature

Ex-husband seeks 'trial by combat' to resolve case by Marie E Matyjaszek on LegalNews.com

Former police officer who had to guard murder victim's body parts receives payout by Michelle Brown on ABC News

Led Zeppelin : Stairway to Heaven not partly stolen, court affirms on The Guardian

Women inside a Darwin prison have released a podcast about their lives by Aneeta Bhole on SBS News

Devices and democracy : will big tech control us? presented by Richard Fidler on Conversations - discussion with writer and lawyer Jamie Susskind

The difficulties in seeking declarations that easements and covenants have been abandoned or are obsolete by Sydney Jacobs of 13 Wentworth - considers section 89 of the Conveyancing Act 1919 (NSW) and section 49 of the Real Property Act 1900 (NSW)

The effect of jus cogens and the individuation of norms presented by Ulf Linderfalk at University of Oxford - considers jus cogens status

Lack of gender neutral option on passport forms : no breach of human rights by Ruairi Hipkin on UK Human Rights Blog - considers R (on the application of Christie Elan-Cane) v Secretary of State for the Home Department with Human Rights Watch intervening [2020] EWCA Civ 363

Law in Action (BBC) for 11 March presented by Joshua Rozenberg - An enterprising court

Law Report (ABC) for 10 March presented by Damien Carrick - Protecting buyers from dodgy car loans

The role of courts in supporting arbitration : a review of recent developments in the Asia-Pacific presented by Justice Stewart at International Congress of Maritime Arbitrators ICMA XXI, Rio de Janeiro, Brazil

What's in a name – is a worker constrained by the description of the injury in their claim documents? by Luke Taylor and Michael Klapsis of HWL Ebsworth - considers Bradshaw v Tasmania Networks Pty Ltd [2019] TASSC 41

New South Wales law reports, Volume 100(1), March 2020 - in this issue : IM v R / Searle v Commonwealth of Australia / Style Timber Floor Pty Ltd v Krivosudsky / Weber v Greater Hume Shire Council

Australian law journal, Volume 94(1), January 2020 - in this issue : Current issues Justice Francois Kunc (ed) The year ahead, "Should the jury decide?" - a multi-disciplinary summit, Enhancing the contribution of legal academics to the development of Australian law, The curated page / Family law Richard Ingleby (ed) Can't see the Forrest for the trees? Richard Ingleby / International focus Professor Stuart Kaye (ed) Modern slavery legislation in Australia, Australian ratification of the Regional Convention on the Recognition of Higher Education Qualifications Stuart Kaye / Around the nation : Victoria Justice Clyde Croft AM (ed) Rethinking the regulation of leases Clyde Croft / An Australian International Commercial Court - not a bad idea or what a bad idea? Hon Justice A S Bell / Australia's "abhorrent violent material" law : shouting "nerd harder" and drowning out speech Evelyn Douek / Rituals of engagement : what happens to the ring when an engagement is called off? James Duffy, Elizabeth Dickson and John O'Brien

Federal law review, Volume 48(1), March 2020 - in this issue : Responsible government, statutory authorities and the Australian Constitution Benjamin B Saunders / Constitutional interpretation wholly unmoored from constitutional text : can the HCA fix its own mess? James Allan / Against interpretation as an alternative to invalidation Scott Stephenson / Re-evaluating the collateral challenge in the era of statutory interpretation Jules O'Donnell / Calibrated proportionality Rosalind Dixon / Proportionality and its alternatives Adrienne Stone

JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 - defamation, "hybrid publication - Facebook Post providing a link to a newspaper article - whether imputations conveyed"

Vodafone Hutchison Australia Pty Limited v Australian Competition and Consumer Commission [2020] FCA 117 - competition, proposed merger

In progress

Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 4 March 2020

Better Regulation Legislation Amendment Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 3 March 2020

Civil Remedies for Serious Invasions of Privacy Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 5 March 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - in Legislative Council, to be reported, 4 March 2020

Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned, 4 March 2020

Industrial Relations Amendment (Contracts of Carriage) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 5 March 2020

Negatived

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - negatived, 5 March 2020