The Library Bulletin

Accountability : the universal problem in the administration of estates affected by incapacity or death by Justice Geoff Lindsay at the 2020 Succession Conference

Autonomous vehicles and legal challenges in a driverless future by Andrew Hii, Nikhil Shah and Meaghan Powell of Gilbert + Tobin - considers regulation of autonomous vehicles

Law Report (ABC) for 22 September presented by Damien Carrick - VALE Justice Ruth Bader Ginsberg. High Court of Australia rules that an off-duty soldier can face trial in military court

Scotland has delivered the gold standard in domestic violence legislation by Matilda Fairholm on Medium - considers criminalizing coercive control

Sovereign risk from On Focus with Jessica Strutt (ABC) - considers sovereign citizen movement and what a sovereign citizen is

When can refugee children be returned to their home country under the Hague Convention? by Nath Gbikpi on Free Movement - considers G (A Child : Child Abduction) [2020] EWCA Civ 1185

Assented

Superannuation Legislation Amendment Bill 2020 - assented on 23 September 2020 - Act No 21 of 2020

Awaiting assent

Better Regulation Legislation Amendment Bill 2020 - awaiting assent, 24 September 2020

Stronger Communities Legislation Amendment (Courts and Civil) Bill 2020 - awaiting assent, 23 September 2020

Stronger Communities Legislation Amendment (Crimes) Bill 2020 - awaiting assent, 24 September 2020

In progress

Community Land Development Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 23 September 2020

Community Land Management Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 23 September 2020

Crimes (Domestic and Personal Violence) Amendment (Coercive Control—Preethi's Law) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 September 2020

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 23 September 2020

Government Sector Employment Amendment (Teleworking) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 September 2020

Health Legislation (Miscellaneous Amendments) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 23 September 2020

Liquor Amendment (24-hour Economy) Bill 2020 - in Legislative Council, awaiting second reading debate, 23 September 2020

Liquor Amendment (Right to Play Music) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 23 September 2020

Local Land Services Amendment (Land Management and Forestry) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 23 September 2020

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - in Legislative Assembly, awaiting mover's second reading speech, 24 September 2020

Restart NSW Fund Amendment (Rural and Regional Infrastructure Funding) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 23 September 2020

Roads Amendment (Toll-free Period) Bill 2020 - In Legislative Assembly, second reading debate, debate interrupted, 24 September 2020

Sporting Venues Authorities Amendment (Venues NSW) Bill 2020 - in Legislative Council, awaiting second reading debate, 24 September 2020

State Insurance and Care Governance Amendment (Employees) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 23 September 2020

Statute Law (Miscellaneous Provisions) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 23 September 2020

Warnervale Airport (Restrictions) Repeal Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 September 2020

To be reported

Transport Administration Amendment (Closures of Railway Lines in Northern Rivers) Bill 2020 - to be reported, 23 September 2020

Notice of motion

Local Government Amendment (Pecuniary Interests Disclosures) Bill 2020 - notice of motion, 23 September 2020

Work Health and Safety Amendment (Food Delivery Workers) Bill 2020 - notice of motion, 22 September 2020

Negatived

Water Management Amendment (Transparency of Water Rights) Bill 2020 - negatived, 24 September 2020

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.

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

The Law Council of Australia has just released a Best practice guide for legal practitioners in relation to elder financial abuse

The Guide is intended to assist legal practitioners to identify and address potential issues regarding elder financial abuse in the preparation and execution of wills and other advance planning documents.

Judge accuses Immigration Minister Alan Tudge of criminal conduct in immigration case by Matthew Doran on ABC News

NSW to allow judges to be suspended over 'suspected impairment' by Michaela Whitbourn on Sydney Morning Herald

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 1354 - finds that AAT made a jurisdictional error when it granted a visa, but refuses to set aside the AAT's decision

Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) - "Cheryl Pile brings this appeal to establish the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing... She was at a police station in Liverpool having been arrested for the offence of being drunk and disorderly. She had emptied the contents of her stomach all over herself and was too insensible with drink to have much idea of either where she was or what she was doing there. Rather than leave the vulnerable claimant to marinade overnight in her own bodily fluids, four female police officers removed her outer clothing and provided her with a clean dry outfit to wear... It is against this colourful background that she brought a claim against the police in trespass to the person and assault alleging that they should have left her squalidly and unhygienically soaking in vomit."

ABA compendium of professional responsibility rules and standards 2018 edition / American Bar Association

Social media and the law (3rd ed) / Patrick George, Monica Allen, Stefanie Benson, Joseph Collins, James Mattson, Justine Munsie, and James Whiley

Awaiting assent

Adoption Legislation Amendment (Integrated Birth Certificates) Bill 2020 - awaiting assent, 17 September 2020

Police Amendment (Promotions) Bill 2020 - awaiting assent, 17 September 2020

In progress

Crimes Amendment (Assault of Emergency Services Workers—3 Strikes Sentencing) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 16 September 2020

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 16 September 2020

Dividing Fences Amendment Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 16 September 2020

Liquor Amendment (24-hour Economy) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 16 September 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Assembly, awaiting mover's second reading speech, 15 September 2020

Road Transport Amendment (Digital Licensing) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Sporting Venues Authorities Amendment (Venues NSW) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 September 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Assembly, awaiting consideration of LC amendments, 15 September 2020

Stronger Communities Legislation Amendment (Courts and Civil) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Stronger Communities Legislation Amendment (Crimes) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Superannuation Legislation Amendment Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Transport Administration Amendment (Closures of Railway Lines in Northern Rivers) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 16 September 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Assembly, second reading debate, debate interrupted, 17 September 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Council, second reading, debate adjourned, 15 September 2020

Notice of motion

Local Land Services Amendment (Land Management and Forestry) Bill 2020 - in Legislative Council, notice of motion, 15 September 2020

Restart NSW Fund Amendment (Rural and Regional Infrastructure Funding) Bill 2020 - in Legislative Council, notice of motion, 15 September 2020

Negatived

Privacy and Personal Information Protection Amendment (Service Providers) Bill 2020 - negatived, 17 September 2020

Withdrawn

Restart NSW Amendment (Rural and Regional Infrastructure Funding) Bill 2019 - withdrawn, notice of motion, 15 September 2020

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.

We have temporary access to the following Lexis books via Lexis Red, if you are not already signed up for Lexis Red please email lexisred@nswbar.asn.au

• Animal law in Australia : an integrated approach (2nd ed) (2018)
• Australian annotated class actions legislation (2nd ed) (2017)
• Consumer protection law in Australia (3rd ed) (2019)
• Corporate governance in non-bank financial entities (2019)
• Hammerschlag's commercial court handbook (2019)
• Institutional abuse and legal redress : legal remedies and redress in Australia (2019)
• Intellectual property in Australia (6th ed) (2017)
• Lawyer discipline (2019)
• Native title in Australia (4th ed) (2019)
• Nygh's conflict of laws in Australia (10th ed) (2019)
• Principles of Australian succession law (3rd ed) (2017)
• The contract of employment (2nd ed) (2019)
• The shaping of labour law legislation underlying elements of Australia's workplace relations system (2017)
• Understanding sustainability law (2017)
• Uniform evidence in Australia (2nd ed) (2017)
• Unjust enrichment (2nd ed) (2017)

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Lawyer X prosecutions doubtful due to lack of resources for 'mammoth task', Victorian anti-corruption body IBAC says by Sarah Farnsworth on ABC News

Holyhead Marina v Peter Farrer [2020] EWHC 1750 (Admlty) - whether a marina is a "dock"

Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 - whether NCAT exercises federal jurisdiction when determining whether or not it has federal jurisdiction

Law Report (ABC) for 15 September presented by Damien Carrick - Bill to ban mobile phones in immigration detention. And Supreme Court win for remote NT residents over poor housing

Lewis v Australian Capital Territory by Katy Barnett on Opinions on High High court Blog - considers Lewis v Australian Capital Territory [2020] HCA 26

Samuel Griffith : Australia's forgotten founding father? by Phillip Adams on Late Night Live - considers the life and legacy of the Queensland Premier, Judge, constitution drafter and scholar

Warning sign has boat ramp liability claim slipping away by Anthony Highfield and James McIntyre of HWL Ebsworth - considers Bowman v Nambucca Shire Council [2020] NSWSC 1121

The federal judicature : chapter III of the Constitution (2nd ed) / James Stellios

Interpretation (2nd ed) / Perry Herzfeld and Thomas Prince

The loan book : an analysis of the unsecured loan elements, proof and recovery / Peter Agardy

Transacting with trusts and trustees / Nuncio D’Angelo

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.

All of our CCH subscriptions are available remotely via the library website.

The main database access page can be found under the Electronic Resources > Databases heading.

Individual titles, such as the Australian and New Zealand Equal Opportunity Law and Practice can be accessed from a catalogue search or under the index by subject or material type on the Electronic Resources page.

Just log into the catalogue as yourself.

Bills assented to

Casino Control Amendment (Inquiries) Act 2020 No 20 — assented to 7 September 2020

Nicola Gobbo explains why she became Lawyer X and informed for police by Josie Taylor and Rachael Brown for Trace : The Informer (ABC)

Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 - immigration, visas

Mokhlis v Minister for Home Affairs [2020] HCA 30 - administrative law, migration

Private R v Cowen & Anor [2020] HCA 31 - constitutional law, defence, military discipline

Law Report (ABC) for 8th of September presented by Damien Carrick - Judicial inquiry into COVID-19 hotel quarantine in Victoria

Police doorknocking at the High Court : Roy v O’Neill by Julian R Murphy on Opinions on High High Court Blog - considers Roy v O'Neill

Sacked employee reinstated after sending racist messages to colleagues by mistake by Michael Selinger and Jamie Kim of Holding Redlich - considers Martin Bajelis v Reserve Bank of Australia [2020] FWC 3740

Slavery and the legal profession by Dermot Feenan on Institute of Advanced Legal Studies Blog (School of Advanced Study, University of London) - considers slavery in the legal profession

Standing in the way of the obvious : the NSW Court of Appeal confirms the broad statutory definition of recreational activity by Peter Ford and Renee Magee of McCabe Curwood - considers Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185

Annotated administrative appeals legislation (4th ed) / Nathan Moshinsky and Damien Cremean

Annotated Bankruptcy Act 1966 (8th ed) / Paul Nichols and Michael Murray

Common law : constitutional rights / Mark Elliott and Kirsty Hughes

Expert evidence : law and practice (5th ed) / Tristram Hodgkinson and Mark James

Law of agency (4th ed) / G E Dal Pont

Uniform evidence in Australia (3rd ed) / Richard Weinstein, John Anderson, Judith Marychurch and Julia Roy

By allowing the Peter Ellis appeal to continue, the Supreme Court recognises the right to justice outlives the individual by Kris Gledhill on The Conversation

High Court asked to define an Islamic State member after Adelaide woman's IS membership conviction overturned by Elizabeth Byrne on ABC News

NSW willing to act on defamation law reform without waiting for other states by Christopher Knaus on The Guardian

R v Ahmad [2020] NSWSC 1195 - manslaughter, self defence first principles

Wendy Hill v The Queen [2020] VSCA 220 - "the offending was perpetrated by a female against her former male partner (and his new partner). But, in our respectful view, the judge was quite correct to view it as falling into the same category of post-separation, anger-driven violence"

Comparison of the approach of the High Court of Australia and New Zealand Supreme Court to what to do in a criminal appeal when the appellant dies after leave to appeal has been granted

Singh v The Queen [2020] HCA 25 and Ellis v R [2020] NZSC 89