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New judgments

Fri Mar 20 2020

Interesting articles, speeches and podcasts

Fri Mar 20 2020

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

Bar Library in the age of coronavirus

Tue Mar 17 2020

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

New judgments

Fri Mar 13 2020

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

News

Fri Mar 13 2020

Interesting articles, speeches and podcasts

Fri Mar 13 2020

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 law reports

Fri Mar 13 2020

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

New journals

Fri Mar 13 2020

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

New or updated NSW Bills

Fri Mar 06 2020
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

New journals

Fri Mar 06 2020

Criminal law review, Issue 3, 2020 - in this issue : Disclosure - latest finding from HMCPSI David Ormerod / The House of Commons Justice Committee follow-up Report on the Role of the Magistracy : what it says (and what it does not explain) Howard Riddle / Making it work? The case of Roberts and uneven progress in the reform of unfitness to plead procedures Miranda Bevan / Driving offences : promoting consistency for victims in "victimless" crimes of endangerment Sally Kyd and Steven Cammiss / Cases and comments : Assault - Pegram v DPP, Production orders - R (on the application of BBC) v Newcastle Crown Court, Road traffic - Jones v Director of Public Prosecutions, Sentencing - R v Allington (Jason Hugh), R v DM; R v SC, Sexual offences - R v B; R v L, Torture : public officials - R v TRA

Law Institute journal, Volume 94(3), March 2020 - in this issue : Diversity in practice Sam Pandya / Lawyers breaking the barriers Karin Derkley / Legal need to increase in wake of fires Karin Derkley / How to keep it brief Karin Derkley / Minimising restraint in aged care Claire McNamara / Judge John Cain Stuart Webb / Judge Rosemary Carlin Sam Pandya / Judge Marilyn Harbison Stuart Webb / A new dawn Natalie Talia / Forfeiture of non-proprietary interests Glenn McGowan QC and Tomaso Di Lallo / A civilised profession? Genna Angelowitsch / In-house challenges Michael Dolan / No time to waste Jacob McCahon, Rebecca McCarthy and Sophie Lloyd / High Court judgments David Kelsey-Sugg / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Former client conflict LIV Ethics Committee / Competence on the professional radar Gino Dal Pont / Choose your litigation clients carefully Legal Practitioners' Liability Committee / Collaborating against family violence Elanor Peattie / Identification rules to tighten LIV Property and Environment Law Section / Lex narro Peter Moran / More changes for insurance in super Andrew Proebstl / Beyond gender Vanessa Shambrook and Eleanor Weir / RRR practices under pressure Pauline Wright / Milestone year for law week Karin Derkley / Your choise / Take five Meghan Warren / Elder honoured by Children's Court Karin Derkley

LSJ, Issue 64, March 2020 - in this issue : Law Society calls for new approach as prison population climbs Amy Dale / Six minutes with Alice Mantel Amy Dale / 'Intrusive policing tactics' used on children / Law Council seeks funding injection for 'alarming' family court delays / The law and society's moral conscience The Honourable Chief Justice Tom Bathurst AC / At lunch with... the Gordon Garling Moffitt Team Stephanie Gardiner / The final frontier : sustainability in outer space Amy Dale / A difficult marriage Floyd Alexander-Hunt and Claire Chaffey / Reputation : the careful balance in defamation reform Kirrily Schwarz / The importance of gratitude Angela Heise / "Even Roger Federer has a coach" Floyd Alexander-Hunt / Walking the walk Amy Dale / 2020 vision : what's the next big thing in fitness? Ben Lucas / The case that changed me, Daid Rolph Floyd Alexander-Hunt / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Climate disaster law : does it hold the key to dealing with bushfires? Rosemary Lyster / What's in a name? Modern award changes and new compliance safeguards Jack de Flaming and Chris Bell / Time is running out : are you taking action on modern slavery? Dr Phoebe Wynn-Pope and Heidi Roberts / Children's Guardian Act 2019 : an historic step to an integrated child safe scheme in NSW Sharminie Niles / Land tax certificates and termination of contract for sale of land Tony Reynolds and Tony Cavanagh / High Court rules on admissibility of evidence in animal cruelty cases Talitha Fishburn / Judicial advice : when it's best to seek the wisdom of the bench Darryl Browne / Victoria set to allow lawyers to take percentages of class action damages Michael Legg / Key changes to the revised Motor Accident Guidelines Belinda Cassidy / The latest from the High Court David Kelsey-Sugg / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

Proctor, Volume 40(2), March 2020 - in this issue : Advocacy at full throttle : productive start to efforts to ensure good law Luke Murphy / delving into diversity : inclusion builds a better profession Rolf Moses / New Legal Services Award 2020 Marcelle Webster / Become a leader worth following Rebecca Niebler / The diversity journey : the challenge for the profession and those who navigate it Louise Corrigan / Breaking through the rainbow ceiling / Still looking for true acknowledgement / Achieving ability equality in the legal profession / Honouring Queensland's legal heroes John Teerds / In conversation with Erin Mitchell Sheetal Deo / What is a rejoinder? And when do you need one? Kylie Downes QC and Jane Menzies / Supporting indigenous perspectives : QLS helps Giselle on her legal journey Joshua Apanui / Contact decisions for children in care : the roles of child safety, the children's court and QCAT Toby Davidson / A decade for justice : we start with four key facts Elizabeth Shearer / Could AI breach branding and competition law? Law lags behind rapid change Mariam Jaber / Paternalism v capacity to choose Christine Smyth / High Court and Federal Court case notes Andrew Yuile and Dan Star QC / Mother wins appeal on relocation order Robert Glade-Wright / Legal Services Award 2010 - award coverage Rob Stevenson

Psychiatry, psychology and law, Volume 26(6), December 2019 - in this issue : Attention deficit hyperactivity disorder (ADHD) and the criminal law Ian Freckelton / Police accuracy in truth/lie detection when judging baseline interviews Letizia Caso, Nicola Palena, Elga Carlessi and Aldert Vrij / Fear of crime and related factors in relatives of individuals with mental disorders Gül Ergün and Aysun Güzel / Professional reports for sentencing courts : recommendations for reporting on child exploitation material offenders' risk of recidivism and prospects for rehabilitation Michael J Proeve and Gabrielle Wolf / Psychological wellbeing, distress and coping in Australian Indigenous and multicultural prisoners : a mixed methods analysis Arran Rose, Justin Trounson, Jason Skues, Michael Daffern, Stephanie M Shepherd, Jeffrey E Pfeifer and James R P Ogloff / Interviewing persons with mental illness charged with murder or attempted murder : a retrospective review of police interviews Bobbie Clugston, Bob Gree, Jane Phillips, Zara Samaraweera, Carolina Ceron, Cameron Gardner, Carla Meurk and Ed Heffernan / 'Taking the wheels off' : young people with cognitive impairment in out-of-home care Hannah Greig, Andrew McGrath and Kath McFarlane / A cultural-ecological perspective on agency and offending behaviour Annalisa Strauss-Hughes, Roxanne Heffernan and Tony Ward / Parental substance use disorder and child abuse : risk factors for child maltreatment? Anna E Goldberg and Eric Blaauw / At typology of familicide perpetrators in Australia Denise Cullen and Katarina Fritzon

Interesting articles, speeches and podcasts

Fri Mar 06 2020

Aspects of chapter 3 of the Succession Act 2006 as considered by the NSW Court of Appeal by Malcolm Scott of Greenway Chambers - considers chapter 3 of the Succession Act 2006

Building safer communities - current and future trends presented by Dr Stan Salagaras, Associate Professor Carolyn Day and Dr Christopher Hunt - considers crime prevention in communities

Employee's or employer's? Apple serves as a reminder of IP ownership in the startup sphere by Julia Taylor and Emerson Hynard of Allens - examines IP rights and ownership

Law in Action (BBC) for 3 March presented by Joshua Rozenberg - Supporting evidence

Law Report (ABC) for 3 March presented by Damien Carrick - High Court clears former London cop of blowing up his holiday home. Also, should juries in child sex-abuse trials hear about prior convictions?

Lawyer-client privilege in litigation by the Honourable T F Bathurst AC as part of the College of Law judges' series - considers privilege

Responding to a subpoena – is it always necessary to lay everything bare? by Susan Forrest of Gadens - considers Harvard Nominees Pty Ltd v Tiller [2019] FCA 1672

New law reports

Fri Mar 06 2020

Commonwealth law reports, Volume 264(4), February 2020 - in this issue : Amaca Pty Ltd v Latz / Immigration and Border Protection, Minister for v SZVFW / Latz v Amaca Pty Ltd / Unions NSW v New South Wales

District Court law reports (NSW), Volume 29(4), February 2020 - in this issue : Burling v Optus Fixed Infrastructure Pty Ltd / Frangie v South Western Sydney Local Health District t/a Liverpool Hospital / Fuller v Avichem Pty Ltd (t/as Adkins Building and Hardware Supplies) / Lovric v New South Wales (No 2) / R v LM / R v Lumsden / SafeWork NSW v KD and JT Westbrook Pty Ltd / SafeWork NSW v KD and JT Westbrook Pty Ltd (No 2)

State reports (Western Australia), Volume 98(3), February 2020 - in this issue : Penn v Local Government Standards Panel / West Australian Shalom Group Inc v City of Swan

State reports (Western Australia), Volume 98(4), February 2020 - in this issue : Banning v Owners, Terrace Place Strata Plan 9704 / Boris v Owners, Observation Rise Strata Plan 24414 / FY, Re

New books

Fri Mar 06 2020

New or updated NSW Bills

Fri Feb 28 2020
In progress

Anti-Discrimination Amendment (Complaint Handling) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 27 February 2020

Civil Remedies for Serious Invasions of Privacy Bill 2020 - in Legislative Assembly, second reading speech, debate interrupted, 27 February 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 25 February 2020

Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 26 February 2020

Local Government Amendment (Disqualification from Civic Office) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 27 February 2020

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned, 27 February 2020

State Revenue Legislation Further Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, 26 February 2020

Water (Commonwealth Powers) Amendment (Termination of References) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 27 February 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 27 February 2020

Work Health and Safety Amendment (Review) Bill 2019 - in Legislative Council, awaiting second reading debate, 27 February 2020

Notices of motion

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, notice of motion, 25 February 2020

Central Coast Drinking Water Catchments Protection Bill 2020 - in Legislative Council, notice of motion, 25 February 2020

Negatived

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - negatived, 27 February 2020

Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 - negatived on division, 27 February 2020

Lapsed

Independent Commission Against Corruption Amendment (Protections for Disclosure of Information) Bill 2019 - lapsed in accordance with Standing Orders, 21 February 2020

Withdrawn

Anti-Discrimination Amendment (Religious Freedoms) Bill 2019 - withdrawn, notice of motion withdrawn, 25 February 2020

New judgments

Fri Feb 28 2020

Bickle v State of Victoria (Victoria Police) [2020] FCA 168 - "whether or not Victoria Police provide a "service""

Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157 - international arbitration, private international law, statutory interpretation

Hague v Cordiner (No. 2) [2020] NSWDC 23 - security for costs, "whether a cryptocurrency investment account is a sufficiently secure asset"

Melco Resorts & Entertainment Limited v The Independent Liquor and Gaming Authority [2020] NSWSC 53 - statutory interpretation

Robinson v Robinson [2020] NSWCA 4 - succession

Interesting articles, speeches and podcasts

Fri Feb 28 2020

The competent professional practice 'defence' and valuers by Richard Cheney SC of Greenway Chambers - considers section 5O of the Civil Liability Act 2002, and the standard of care for professionals in relation to valuers

Further regulation will harm Australian broadcast news by Ian Robertson AO of Holding Redlich - examines an announcement by the Australian Communications and Media Authority that it is inquiring into impartiality and commercial influence in Australian commercial free and pay broadcast news and current affairs

How does FIRB decide if foreign investments are in the national interest? - Deborah Johns of Gilbert+Tobin interviewed on Nightlife with Philip Clark, on ABC Radio

Law Pod UK EP 103 : Secular law intervenes in religious marital deadlock - Anthony Metzer QC discusses a New UK law on oppressive behaviour in a relationship with Rosalind English

Law Report (ABC) for 25 February presented by Damien Carrick - Legal diversity in Malaysia

Wage wars – underpayment may become a crime by Mick Moy, Cameron Dean, Tim Longwill, Scarlet Reid, Nicola McMahon and Jessica Rose of McCullough Robertson - examines 'wage theft'

New law reports

Fri Feb 28 2020

New South Wales law reports, Volume 99(5), February 2020 - in this issue : Fyna Projects Pty Ltd v Chief Commissioner of State Revenue / Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd / Li v Attorney General for New South Wales / Stamford Property Services Pty Ltd v Mulpha Australia Ltd / Steinmetz v Shannon / Turner v State of New South Wales

New journals

Fri Feb 28 2020

Commonwealth law bulletin, Volume 45(1), March 2019 - in this issue : Receiverships and the reform of personal property security law in Nigeria Gregory Esangbedo / Evolution of the criminal justice system in Bangladesh : colonial legacies, trends and issues Hussain M Fazlul Bari / Effective regulation of insider trading on the Malawi Stock Exchange : a critical analysis of the statutory regime Mayamiko Shephard Tembo Jr / Technology transfer for development in Nigeria : patterns, problems and prospects Collins C Ajibo, Miriam C Anozie, Emmanuel Onyeabor, Timothy O Umahi, Jude J Odinkonigbo and Helen Agu / Business goodwill : relationships of production, legal superstructures and an administrative prerogative act developed in United Kingdom ideology and case law Gary Lilienthal / The status of customary international law under the Nigerian legal system Muyiwa Adigun / Benjamin v Kalio : reversing the law on admissibility of unregistered land instruments in Nigeria Anthony Osaro Ewere