The Library Bulletin

Coronavirus could spark legal action by the families of those who have died by Mirko Bagaric on ABC News

Court orders asthmatic rapper released from federal prison by Thomas J Rachko, Jr on Human Rights Watch

How the Oxford English Dictionary was brought to life in a rustic 'scriptorium' by Anna Kelsey-Sugg on ABC Radio National

NSW magistrate accuses ACT Supreme Court of trying to influence his sentencing by Michael Inman on ABC News

Tasmanian farmer's rhubarb champagne post sparks legal warning from France by Georgie Burgess on ABC Radio Hobart

Costs in work health and safety matters before the District court of NSW by Ingmar Taylor SC of Greenway Chambers - examines costs in NSWDC WHS matters

The interpretation of written contracts by James Edelman, presented as part of the Mr Justice Russell Brown Law Lecture Series at the University of Alberta

Jurisprudence course by Scott Shapiro as part of his Legality podcast

Law Report (ABC) for 7 April presented by Damien Carrick - George Pell freed from prison following High Court decision

NSW Modern Slavery Act is back on the agenda – inquiry recommends the NSW Act comes into effect by Brendan Coady, Sonia Sharma, Emily Lau and Varshini Rajendran of Maddocks - the Standing Committee on Social Issues presented its final report on the NSW Modern Slavery Act to Parliament on 25 March 2020, putting the Act back on the agenda

A troika of major issues : damages, appeals and jurisdictional error by Sydney Jacobs of 13 Wentworth Chambers - considers damages, appeals and jurisdictional error in relation to construction law

Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 - human rights, disability discrimination

McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 416 - migration, citizenship, statutory interpretation, "applicant claims he is an Aboriginal Australian - applicant claims he is an Australian citizen", considers decision in Love v Commonwealth of Australia [2020] HCA 3

Pell v The Queen [2020] HCA 12 - criminal law, appeal

Did you know that you can access some of our external databases via the library homepage? Just log in as yourself and look in the external database links box.

Additionally there are e-books from Oxford University Press, Federation Press and CCH available via our catalogue, log in as yourself and if you find a record with an icon that looks like a white page with a red e click on it to access the e-boo platform.

Don't forget our scanned unreported judgments available via the judgments advanced search in the library catalogue here.

Also, remember that we have Lexis Red (for remote access to Lexis loose-leafs) and that it is a good idea to be registered if you aren't already, email lexisred@nswbar.asn.au.

Please do ask us if you would like us to source materials from our other electronic resources.

Did you know that you can find archived materials and web pages? For example, you can find old versions of government websites and old government reports. There is even a page devoted to transcripts from Australian Prime Ministers.

See the following :

WayBack Machine

Pandora (Australian)

PM Transcripts (transcripts from Australian Prime Ministers)

State Records NSW

Internet Archive

HaithiTrust

UK Government Web Archive

National Archives (UK)

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 Council of Law Reporting for New South Wales website has the NSW Law Reports (NSWLR), New South Wales Reports (NSWR) and State Reports New South Wales (SR(NSW)). Each case report is available to view and may be downloaded for a fee. If you are a print subscriber to the NSWLRs, you can access the online and download or print cases from all the reports series for free until 1 July 2020 due to COVID-19. Please note that the library also have access to old NSW reports and that you can request from the library.

Can a case be a precedent if it hasn’t been published? on ICLR

Can Australian States lock-out residents of other States? on Constitution Education Fund

Coronavirus pandemic used by barrister to argue his client should avoid jail for fraud by Kate McKenna on ABC News

Australian Rail Track Corporation Limited v Dollisson [2020] NSWCA 58 - "whether reference to “compensation” in s 134AB(1) of the Accident Compensation Act 1985 (Vic) is a reference to compensation under that Act or to compensation whether or not awarded under the Act or the Act of some other state or territory"

DPP v Morey (a pseudonym) [2020] VCC 320 - isolation and anxiety for prisoners due to COVID-19 constitutes a mitigating factor in sentencing

Rakielbakhour v DPP [2020] NSWSC 323 - COVID-19, relevance to bail application

SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77 - "duty of persons undertaking business to ensure so far as was reasonably practicable the health and safety of workers"

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.

Forseeability and breach of duty under the Work Health and Safety Act 2011 (NSW) by Malcolm Scott of Greenway Chambers - considers the issue in relation to the decisions in Orr v Hunter Quarries Pty Limited [2019] NSWDC 634 and Stephen James Orr v Cobar Management Pty Ltd [2019] NSWDC 224

In Seclusion - listen to the bite-sized podcast miniseries from Greg Lambert about how the legal industry is adapting to working from home

Law Report (ABC) for 31 March presented by Damien Carrick - Criminal and civil courts in the age of COVID-19

When the court's approval of a settlement of a claim is challenged : decision of the NSW Court of Appeal in Robinson v Robinson [2020] NSWCA 4 by Michael Henley and Christine McPhillips of HWL Ebsworth - considers Robinson v Robinson [2020] NSWCA 4

The Internet Archive have a collection of books available in a National emergency Library here, it is available until 30 June 2020.

All New South Wales residents are entitled to sign up for a State Library of New South Wales library card, see the registration page here.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.

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.