The Library Bulletin

Dring v Telstra Corporation Limited [2020] FCA 699 - workers' compensation, injury after non work-related socialising

Hocking v Director-General of the National Archives of Australia [2020] HCA 19 - administrative law, archives, access to records, release of papers on Whitlam dismissal

Pickett v The State of Western Australia; Mead v The State of Western Australia; Mead v The State of Western Australia; Anthony v The State of Western Australia; TSM (a child) v The State of Western Australia [2020] HCA 20 - criminal law, assault

Pyliotis, Katia v The Queen; Director of Public Prosecutions [DPP] v Pyliotis, Katia [2020] VSCA 134 - criminal law, "whether judge's comments on facts occasioned substantial miscarriage of justice"

Grandmother must delete Facebook pictures posted online without permission, court rules by Rose Roobeek and Rob Picheta on CNN

The inking person's judge by Richard Ackland in The Saturday Paper

Victorian police officer pleads guilty to trying to scam properties from their owners by Karen Percy on ABC News

UK Supreme Court colouring book - "These are Supreme Court thematic colouring pages, aimed at children as a 'stay at home' fun activity during the coronavirus (COVID-19) pandemic".

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.

Law in Action (BBC) from 26 May presented by Joshua Rozenberg - Deferred Prosecution Agreements : pragmatic but unprincipled?

Law Report (ABC) for 26 May presented by Damien Carrick - Two coronial inquests make findings about unconscious racism

Law Talking from Greenway Chambers - Episode 1 - Frank Hicks, Ian Roberts and Declan Byrne discuss three recent decisions

Panic stations? Responding to investigative notices in the wake of Smethurst v Commissioner of Police by Shaun Temby and Natalie Wendon of Maddocks - considers Smethurst v Commissioner of Police [2020] HCA 14

Raising the Bar Episode 15, 18 May 2020 from Gray's Inn - Professor Mark Engelman talks about his route to the Bar

A "reprehensible" response to reinstate an employee and restore lost pay by Jackie Hamilton of Holding Redlich - considers Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks [2020] FWC 1067

Schemes of arrangement : flexibility of the court to make order after the second court approval hearing to revive a Terminated Conditional Scheme by Amelia Kelly and Mabel Wong of DLA Piper - considers In the matter of Wollongong Coal Limited and In the matter of Jindal Steel & Power (Australia) Pty Ltd [2020] NSWSC 614

William and Lonsdale Podcast, Episode 4 - Daniel Ajak

Emrys Nekvapil, Maya Narayan and Stephanie Brenker have written a book called ​COVID-19 and the law of Australia, it provides guidance on the laws made in response to the COVID-19 pandemic.

Apple's €1.1B French competition law fine and what it means for selective distribution in Australia by Hannah Marshall and Danielle Kroon of Marque Lawyers - considers selective distribution systems

Don't let the litigation clock stop : the Limitation Act and Best v Rosamond [2020] NSWCA 90 by Peter Ford of McCabe Curwood - considers Best v Rosamond [2020] NSWCA 90

Law Report (ABC) for 19 May presented by Damien Carrick - Covid-19 emergency responses for witnessing wills and redundancy payouts. And a win for traumatised US Facebook content moderators

The ownership of swans in English history : does the Queen own all the swans? by Katy Barnett on Legal History Miscellany - considers ownership of swans in England

Sir Edward Coke - Selden Society lecture series Australia

Federal government appeals court ruling recognising man born in pre-independence PNG as Australian by Stefan Armbruster on SBS News

Bao v Qu; Tian (No 2) [2020] NSWSC 588 - considers recognition and enforcement of Chinese judgments in Australia

Henri Eparaima v Industrial Relations Secretary, on behalf of the Department of Communities and Justice (Corrective Services) [2020] NSWIRComm 1038 - confirmation of termination of employment of a Senior Correctional Services Officer who assaulted a detainee after being spat at

Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Remote Video Conferencing) [2020] FCA 664 - open justice

R v Kirkpatrick 2020 BCCA 136 - consent

WorkPac Pty Ltd v Rossato [2020] FCAFC 84 - casuals entitled to sick leave

ZXC v Bloomberg LP [2020] EWCA Civ 611 - an individual who is being investigated by a law enforcement body has a reasonable expectation of privacy in the fact and details of such an investigation

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.

Acts proclaimed

Education Amendment (School Safety) Act 2017 No 58 - 14 May 2020 appointed as the day on which the Act commences

In progress

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 13 May 2020

Notice of motion

Environmental Planning and Assessment Amendment (Koala Habitat) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Environmental Planning and Assessment Amendment (Waste Incinerator) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Water Management Amendment (Drought of Record) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Assented

COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Bill 2020 - assented on 14 May 2020 - Act No 4 of 2020

COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Bill 2020 - assented on 14 May 2020 - Act No 5 of 2020

COVID-19 Legislation Amendment (Emergency Measures—Treasurer) Bill 2020 - assented on 14 May 2020 - Act No 6 of 2020

Lapsed

Environmental Planning and Assessment Amendment (Energy from Waste Development Moratorium) Bill - lapsed in accordance with Standing Orders, 17 April 2020

Right to Farm (Farming Families Protection) Bill 2019 - lapsed in accordance with Standing Orders, 24 April 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 - lapsed in accordance with Standing Orders, 23 April 2020

Facebook to pay moderators $80 million for psychological damages on ABC News

Legal bodies concerned by Peter Dutton bill allowing Australian spies to question 14-year-olds on SBS News

Why Frodo Baggins made an appearance at the Supreme Court by Jamie Ehrlich on CNN

Gunnarsson-Wiener v Iles [2020] TASFC 1 - goats, laughter and allegation of bias

R v Adams [2020] UKSC 19 - has the Supreme Court rewritten the Carltona doctrine?

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.

Acting in 'good faith' – what does it really mean? by Andrew Statham of Holding Redlich - examines the concept of 'good faith'

Australia considers over-the-counter CBD : a snapshot of the new proposal by Greg Bodulovic, Stephanie Wang and Alexandra Moore of DLA Piper - the Therapeutic Goods Administration is proposing to reclassify low dose cannabidiol (CBD) preparations from Prescription Only Medicine to Pharmacist Only Medicine

Don't be court out : the basics of court etiquette presented by The Hon T F Bathurst AC at the Toongabbie Legal Centre Seminar

The EPBC Act musical – a tale in two parts by Anna Vella and Aaron Beale of King and Wood Mallesons - considers the review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Law Report (ABC) for 12 May presented by Damien Carrick - Covid-19 public health rules and the police

Managing employees with mental disabilities – an important reminder for employers by Louise Rumble and Georgie Richardson of Holding Redlich - considers Batista v Wells Fargo International Finance (Australia) Pty Ltd (No.2) [2020] FCCA 829

Technology and the law - presented by Lord Hodge at the Dover House Lecture, London

Be cyber-safe, don't hibernate by Matthew McMillan, Rebecca Lindhout and Emily Stone of McCullough Robertson - considers cyber security

The History Listen (ABC) presented by Rebecca Huntley - Section 71 : High Court cases that changed Australia

Law Report (ABC) for 5 May presented by Damien Carrick - Prisoners, drug users, the homeless and Covid-19

The long road to Uluru : walking together – truth before justice by Megan Davis in Griffith Review - considers the Uluru Statement from the Heart

Owner's consent too onerous? by John Cole, Jane Hewitt, Philip Brown and Alex Epstein of HWL Ebsworth - considers Stokes v Waverley Council (No 2) [2019] NSWLEC 174

Reasonable doubt by Andrew Fraser of Armstrong Legal - examines reasonable doubt

Signing contracts electronically just got easier for companies by Helena Busljeta of King and Wood Mallesons - considers the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020

Court Enforcement v Marston [2020] EWCA Civ 588 - dispute between two enforcement officers with overlapping writs of control, considers writ of fieri facias (in use from medieval times until 2014) and cases dating from 1588

Douglas v Douglas [2020] NSWDC 169 - over $170K damages for car accident caused by sneeze

Finnegan v Washington [2020] FCA 601 - defamation, Slack

Goldberg v Voigt [2020] NSWDC 174 - defamation, Facebook

L N Management v J P Morgan Chase Bank, United States Court of Appeals for the Ninth Circuit, Case No. 18-15402 - can you sue a dead person? No

Ruscoe v Cryptopia Ltd (in Liquidation) [2020] NZHC 728 - cryptocurrencies, as digital assets, are a form of property that are capable of being held on trust

Law Council wants changes to secrecy laws invoked in Ben Roberts-Smith defamation case by Christopher Knaus on The Guardian

Sydney man wins $35,000 defamation payout over Rose Bay Facebook stoush by Jamie McKinnell on ABC News

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.

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.

LawNext podcast : How one tech-savvy judge jury-rigged an online court - host Bob Ambrogi talks to Judge Scott U Schlegel, chair of the Specialty Treatment Courts in Jefferson Parish, La.

Law Report (ABC) for 28 April presented by Damien Carrick - Australia's legal response to WW1 and the 1919 Spanish Flu

Moore v Scenic Tours Pty Ltd by Katy Barnett on Opinions on High High Court Blog - considers Moore v Scenic Tours Pty Ltd [2020] HCA 17

'One of the most controversial questions which the law of human rights can generate': Supreme Court alters approach to Article 3 in medical cases – an extended look by Jonathan Metzer on UK Human Rights Blog - considers AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17

Online courts and the future of justice - online book talk for Professor Richard Susskind's new book

Policing repeat domestic violence : would focused deterrence work in Australia? from the Australian Institute of Criminology Occasional Seminar Series

Principles governing extinguishment - there is still more to learn by Leonie Flynn of Ashurst - considers Roberts on behalf of the Widjabul Wia-Bal v Attorney-General of New South Wales [2019] FCA 1158 and Bell on behalf of the Wakka Wakka People #3 v State of Queensland [2019] FCA 2005

Should Paddy play? The potential liability of sporting clubs and their health professionals for concussion injury by David Guthrie, Sophie Pennington and Angus Rooney of HWL Ebsworth - considers liability of sporting clubs for concussion injuries

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 - considers Article 3 of the European Convention on Human Rights

Booth & Anor v R [2020] EWCA Crim 575 - "where the Supreme Court itself directs that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow what amounts to a direction from the Supreme Court even though it is strictly obiter. To that limited extent the ordinary rules of precedent (or stare decisis) have been modified. We emphasise that this limited modification is confined to cases in which all the judges in the appeal in question in the Supreme Court agree that to be the effect of the decision"

Bussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] HCA 18 - migration

Commonwealth of Australia v Helicopter Resources Pty Ltd & Ors [2020] HCA 16 - "accusatorial system of criminal justice"

Coughlan v The Queen [2020] HCA 15 - criminal law, arson

Defteros v Google LLC [2020] VSC 219 - Google is a publisher

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 - international law, legal assistance

Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426 - CEO personally liable for settlement payments due to his serious misconduct

Moore v Scenic Tours Pty Ltd [2020] HCA 17 - damages, consumer guarantees

R (Alfred McConnell) v The Registrar General for England and Wales and others [2020] EWCA Civ 559 - Gender Recognition Act, registration as mother

The Senate Standing Committee for the Scrutiny of Delegated Legislation has launched an inquiry into the exemption of delegated legislation from parliamentary oversight, see information here.

Submissions are welcomed, the closing date for submissions is 25 June 2020.

Open justice? Case closed by Joshua Rozenberg on The Critic

'Publisher' Google ordered to pay $40k in damages for defaming Melbourne lawyer after court ruling by Karen Percy on ABC News

Transgender man loses appeal court battle to be registered as father by Robert Booth on The Guardian

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.