The Library Bulletin

Landmark legal case challenges the 'inhumane' use of handcuffs on asylum seekers by Jennifer Scherer on SBS

A key change to the definition of "consumer" under the Australian Consumer Law will lead to more business customers being able to rely on consumer guarantees by Teresa Torcasio of HWL Ebsworth - considers the Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020

Law Report (ABC) for 24 November presented by Damien Carrick - How well did ADF Legal Officers in Afghanistan perform their task? And the right to silence a focus in High Court decision

No legs to stand on : employer not required to furnish home office with desk by Louise Rumble and Declan Johnston of Holding Redlich - considers McKean v Red Energy Pty Ltd [2020] FWC 5688

A precautionary tale – Bauer Media v Khedrlarian by Leighton Hawkes of McCabe Curwood - considers Bauer Media v Khedrlarian [2020] NSWCA 288

Who can be held responsible for wage underpayments? [2020 update] by Ingmar Taylor SC of Greenway Chambers - examines wage underpayments

Illegality and public policy (5th ed) / R A Buckley

[O'Donovan and Phillips] Modern contract of guarantee / fourth English edition by Wayne Courtney, John Phillips and James O'Donovan

In progress

Appropriation (Parliament) Bill 2020 - in Legislative Council, awaiting mover's second reading speech, 19 Nov 2020

Appropriation Bill 2020 - in Legislative Council, awaiting mover's second reading speech, 19 Nov 2020

Crimes (Domestic and Personal Violence) Amendment (Coercive and Controlling Behaviour) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 18 Nov 2020

Electricity Infrastructure Investment Bill 2020 - in Legislative Council, consideration in Committee of the Whole, debate in progress, 20 Nov 2020

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2020 - in Legislative Assembly, awaiting mover's second reading speech, 19 Nov 2020

Payroll Tax Amendment Bill 2020 - in Legislative Council, awaiting mover's second reading speech, 19 Nov 2020

Warnervale Airport (Restrictions) Repeal Bill 2020 - in Legislative Council, awaiting minister's second reading speech, debate adjourned, 17 Nov 2020

Awaiting assent

Bushfires Legislation Amendment Bill 2020 - awaiting assent, 19 Nov 2020

Drug Supply Prohibition Order Pilot Scheme Bill 2020 - awaiting assent, 18 Nov 2020

Liquor Amendment (24-hour Economy) Bill 2020 - awaiting assent, 17 Nov 2020

National Parks and Wildlife Legislation Amendment (Reservations) Bill 2020 - awaiting assent, 18 Nov 2020

Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020 - awaiting assent, 18 Nov 2020

Referred to committee

Local Land Services Amendment (Miscellaneous) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 19 Nov 2020

Mandatory Disease Testing Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 19 Nov 2020

Negatived

Government Sector Employment Amendment (Teleworking) Bill 2020 - negatived, 19 Nov 2020

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - negatived, 19 Nov 2020

Notice of motion

Cannabis Legalisation Bill 2020 - in Legislative Council, notice of motion, 17 Nov 2020

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct - Property Developers) Bill 2020 - in Legislative Assembly, notice of motion, 19 Nov 2020

Independent Commission Against Corruption Amendment (Publication of Ministerial Register of Interests) Bill 2020 - in Legislative Assembly, notice of motion, 18 Nov 2020

Duncan and Neill on defamation and other media and communications claims (5th ed) / Brian Neill, Richard Rampton, Heather Rogers, Timothy Atkinson and Aidan Eardley

Glissan's advocacy in practice (7th ed) / J L Glissan

The Hamlyn Lectures 2015 : a Magna Carta for children? : rethinking children's rights / Michael Freeman

Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 - recycled print cartridges don't infringe patents

Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285 - Leeming JA says that Farah does not extend the principles of precedent to dissenting judgments

HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 - pandemic exclusions in insurance policies not valid

Stern v City of Adelaide [2020] SASC 220 - woman lost a bid to get out of a parking fine by claiming that a stranger could have moved her car

General protections claims under Part 3-1 of the Fair Work Act 2009 (Cth) : common issues and recent authority - Penny Thew, Faheem Anwar and Ashley Cameron of Greenway Chambers examine the impact of these recent decisions on general protections claims commonly made and the parameters of the jurisdiction

Law Report (ABC) for 17 November presented by Damien Carrick - Recycled print cartridges don't infringe patents says High Court. Also, reforms to responsible lending laws

Mine-d the gap : NSW Court construes the mining exemption in the Security of Payment Act for the first time by Helena Golovanoff and Divya Chaddha of Holding Redlich - considers Cadia Holdings Pty Ltd v Downer EDI Mining Pty Ltd [2020] NSWSC 1588

National Press Club, Pauline Wright - address from Law Council President on the topic 'No time like the present to protect our human rights' and then answers questions from the media

Two-timing employees : when can you prevent an employee from moonlighting? by Erin Kidd of McCabe Curwood - examines moonlighting

Psychiatry, psychology and law, Volume 27(3), September 2020 - in this issue : Jury decision-making : the impact of engagement and perceived threat on verdict decisions Diane Sivasubramaniam, Mallory McGuinness, Darcy Coulter, Bianca Klettke, Mark Nolan and Regina Schuller / Improving juror sensitivity to specific eyewitness factors : judicial instructions fail the test Angela M Jones, Amanda N Bergold and Steven Penrod / Why did she send it in the first place? Victim blame in the context of 'revenge porn' Tahlee Mckinlay and Tiffany Lavis / Structuring the debate about research ethics in the psychology and law field : an international perspective Alfred Allan / Investigative empathy : a strength scale of empathy based on European police perspectives Bianca Baker-Eck, Ray Bull and Dave Walsh / Forensic risk assessment interviews with youth : how do we elicit the most reliable and complete information? Chelsea L Leach and Martine B Powell / Mock jurors' awareness of age-related changes in memory and cognitive capacity Natalie Martschuk and Siegfried L Sporer / Lie detection accuracy and beliefs about cues to deception in adult children of alcoholics Joanna Ulatowska, Iga Nowatkiewicz and Sylwia Rajdaszka / Sex offender registries: exploring the attitudes and knowledge of political decision-makers Sandy Jung, Meredith Allison, Carissa Toop and Erin Martin / Obituary - William Lindsay (1952–2017) Ian Freckelton (QC)

University of New South Wales law journal, Volume 43(4), 2020 - in this issue : Foreign agent registration schemes in Australia and the United States : the scope, risk and limitations of transparency Chris Draffen and Yee-Fui Ng / Algorithmic collusion and scrutiny : examining the role of the ACCC's information gathering powers in the digital era Nathan Feiglin / Remedying misaligned norms in international and constitutional law : investment treaties, property rights and proportionality Jarrod Hepburn / The death of the legal profession and the future of law Dan Hunter / The High Court on constitutional law : the 2019 statistics Andrew Lynch / Female health practitioners disciplined for sexual misconduct Jenni Millbank / Sentencing 'Crimmigrants' : how migration law creates a different criminal law for non-citizens Ellen Moore / Outsourcing to not-for-profits : can judicial enforcement of charity law provide accountability for the performance of 'public' functions? Ian Murray and Murray Wesson / Margin loans, insider trading and disclosure obligations : a study of the securities trading policies of the ASX 100 Juliette Overland / Balancing competing interests in the criminal justice system : Aboriginal fishing rights in coastal New South Wales The Hon Justice Nicola Pain and Georgia Pick / Coercive investigation of corporate crime : what investigators say Eugene Schofield-Georgeson / Towards fairly apportioning sale proceeds in a collective sale of strata property Edward Sw Ti / Casual vacancies under proportional representation Greg Taylor / Who cares? The conundrum for gender equality in legal practice Margaret Thornton / The law and politics of registering doctors : lessons from New South Wales, 1937–42 Gabrielle Wolf / Confidentiality and privilege in mediation : concepts in need of better regulation and explanation Bobette Wolski

Acts proclaimed

Health Legislation Amendment Act 2018 No 2 — 14 December 2020 appointed as the day on which the uncommenced provisions of that Act commence, published LW 13 November

In progress

Bushfires Legislation Amendment Bill 2020 - in Legislative Council, awaiting mover's second reading speech, 12 November

Casino Control Amendment (No Compensation) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 11 November

Drug Supply Prohibition Order Pilot Scheme Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 10 November

Electricity Infrastructure Investment Bill 2020 - in Legislative Assembly, second reading debate, debate interrupted, 12 November

Environmental Planning and Assessment Amendment (Review of Land Decisions) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 11 November

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 11 November

Independent Commission Against Corruption Amendment (Property Developer Commissions to MPs) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 12 November

Law Enforcement (Powers and Responsibilities) Amendment (Drug Detection Dogs and Strip Searches) Bill 2020 - in Legislative Council, notice of motion withdrawn, 12 November

Liquor Amendment (24-hour Economy) Bill 2020 - in Legislative Assembly, to be reported, 12 November

Mandatory Disease Testing Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 11 November

Marine Pollution Amendment (Review) Bill 2020 - in Legislative Council, awaiting second reading debate, 11 November

National Parks and Wildlife Legislation Amendment (Reservations) Bill 2020 - in Legislative Assembly, to be reported, 12 November

Prevention of Cruelty to Animals (Increased Penalties) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 11 November

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - in Legislative Assembly, second reading debate, debate interrupted, 12 November

Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020 - in Legislative Assembly, to be reported, 12 November

Awaiting assent

Retirement Villages Amendment Bill 2020 - awaiting assent, 11 November

Notice of motion

Prevention of Cruelty to Animals Amendment Bill 2020 - notice of motion, 10 November

Negatived

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading negatived on division, debate adjourned, 11 November

Environmental Planning and Assessment Amendment (Prohibition of Waste to Energy Incinerators) Bill 2020 - in Legislative Council, second reading negatived on division in the Legislative Council, 11 November

MA v Police [2020] SASCFC 99 - meaning of "lawful excuse"

State of Maryland v Darrayl John Wilson, Court of Appeals of Maryland Case No. 64, September Term, 2019 - "where a person marries a potential witness for the State with the intent to enable the witness to invoke the spousal testimonial privilege at a criminal proceeding, the evidence is sufficient to support convictions for witness tampering and obstruction of justice"

The dismissal : 45th anniversary by Cathy Madden on Flag Post (Parliamentary Library)

Just Cases Episode 18 : A country divided from Monash university - deals with the Australian Communist Party v Commonwealth ("Communist Party case")(1951) 83 CLR 1

Law Report (ABC) for 10 November presented by Damien Carrick - Trump disputes election loss in court, Australian challenges to COVID-19 restrictions and First Nations art from Victorian prisons

Some issues in enforcement of directors' duties - presented by Justice A Black at Monash University

A sticky situation : SCC grants leave to appeal for Maple Syrup Heist Case in R v Vallières by Grace Shin on The Court.ca - considers maple syrup and R. c. Vallières, 2017 QCCS 1689 (use Google translate for the English version)

Voice, treaty and truth from the University of New South Wales Indigenous Law Centre - view all of the webinars here

Alternative law journal, Vol 45(3), 2020 - in this issue : Law in a pandemic Kate Auty / Scrutinising COVIDSafe : frameworks for evaluating digital contact tracing technologies Adam Ladders and Jeannie Marie Paterson / The COVID cyborg : protecting data status Kate Galloway / Executive power in emergencies : where is the accountability? Janina Boughey / COVID-19 and the Australia Human Rights Acts Kylie Evans and Nicholas Petrie / Scrutinising COVID-19 laws : an early glimpse into the scrutiny work of federal parliamentary committees Sarah Moulds / The role of Tasmania's subordinate legislation committee during the COVID-19 emergency Brendan Gogarty and Gabrielle Appleby / Civil courts and COVID-19 : challenges and opportunities in Australia Joe McIntyre, Anna Olijnyk and Kieran Pender / Human rights and the post-pandemic return to classroom education in Australia Amy Maguire and Donna McNamara / Australia's Modern Slavery Act : challenges for a post-COVID world? Jamie Fellows and Mark David Chong / 'Can I take a look at your phone?' : police powers to search mobile phones Rebecca Bradfield / Digital strip searches in Australia : a threat to the privilege against self-incrimination Lisanne Adam and Greg Barns

Civil justice quarterly, Vol 39(4), 2020 - in this issue : Case management, uncooperative litigant behaviour and indemnity costs amid "echoes of the bad old days" : Lejonvarn v Burgess [2020] EWCA Civ 114 Alexandra Allan / Litigation funding in Australian class actions after the High Court rejection of common fund orders : BMW Australia Ltd v Brewster; Westpac banking Corporation v Lenthall [2019] HCA 45 Michael Legg / If the glove fits : the JUSTICE Solving Housing Disputes Working Party Alex Walters / Housing disputes as relationship breakdown : a useful model for an accommodation with a broken system? Diane Astin / The Draft Directive on Representative Actions for the Protection of the Collective Interests of Consumers - a sea change in the EU's approach to judicial collective redress? Sebastian Lukic

Attend a webinar - Uluru Statement from the Heart : where to from here?

Professor Larissa Behrendt AO will host an online discussion with Linda Burney MP and Nakkiah Lui on the Uluru Statement from the Heart on 17 November at 6:30 pm. Presented by Jessie Street Trust. Register here.

Administrative Appeals Tribunal (5th ed) / Dennis Pearce

Annotated conveyancing and real property legislation, 2020 - 2021 / 2020 - 2021 edition by Gary Newton

Contents of commercial contracts : terms affecting freedoms / Paul S Davies and Magda Raczynska (eds)

Insider dealing : law and practice (2nd ed) / Sarah Clarke

Kerr and Hunter on receivers and administrators. Twenty first edition edited by Thomas Robinson and Peter Walton

Principles, procedure, and justice : essays in honour of Adrian Zuckerman / Rabeea Assy and Andrew Higgins

Shackleton on the law and practice of meetings (15th ed) / Madeleine Cordes and John Pugh-Smith (eds)

Shareholders' agreements (8th ed) / Sean FitzGerald and Geraldine Caulfield

Shareholders' rights (9th ed) / Robin Hollington

Sinclair on warranties and indemnities on share and asset sales (11th ed) / Robert Thompson (ed)

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183 - common fund orders

Deguisa v Lynn [2020] HCA 39 - real property, Torrens system

GBF v The Queen [2020] HCA 40 - criminal practice

Owners Corporation SP 46510 v Tan [2020] NSWSC 1564 - torts, private nuisance

R v Kemball [2020] NSWSC 1559 - murder, defence of mental illness

Trivago N.V. v Australian Competition and Consumer Commission [2020] FCAFC 185 - consumer law, misleading or deceptive conduct

Common fund orders at settlement may still be available, courts rule by Richard Harris, Colleen Platford, Crispian Lynch, Matt Mackenzie and Rebecca Spigelman of Gilbert + Tobin - considers Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183 and Brewster v BMW Australia Ltd [2020] NSWCA 272

Fair Work Commission confirms it has no power to reduce redundancy pay if source of redundancy entitlement arises from an Award or Enterprise Agreement by Nicola Martin of McCabe Curwood - considers Cameron Fraser; Construction, Forestry, Maritime, Mining and Energy Union v JFM Civil Contracting Pty Ltd [2020] FWCFB 4866

Law Report (ABC) for 3 November presented by Damien Carrick - NT police officer to stand trial for shooting death. And the COVID legal responses helping businesses from going under

The relevance of the Just Terms Act to acquiring land by agreement by Patrick Ibbotson and Joshua Same of Maddocks - considers acquisition of land by agreement

World in a box : what legal issues might yet need to be resolved and by what mechanism? - Australian Academy of Law online seminar presented by The Hon Justice S C Derrington

Advocacy in practice (7th ed) / J L Glissan

Anson's law of contract (31st ed) / Jack Beatson, Andrew Burrows and John Cartwright

Commercial leases in Australia (9th ed) / W D Duncan and Sharon Christensen

Conflicts of interest (6th ed) / Charles Hollander and Simon Salzedo

Information rights law and practice (5th ed) / Philip Coppel

A unified approach to contract interpretation / Ryan Catterwell

Norway's Supreme Court will hear an Arctic drilling case with global implications by Dharna Noor on Gizmodo

The young Norwegians taking their own country to court over oil by Matilda Welin on BBC News

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.

Australia and the US have named judges to their highest courts, but in very different ways by Michael Lavarch on The Guardian

Certain sports supplements to be regulated as 'medicines' under the therapeutic goods regulatory regime from November 2020 by Belinda Breakspear and Jake Grant of McCullough Robertson - item on regulatory changes

Data equity at the farm gate : the future of agricultural technologies by Peter Waters and Rebecca Mahoney of Gilbert + Tobin - considers agtech

How should a court respond to an immaterial error of law? by Lisa Burton Crawford on Australian Public Law - considers ABT17 v Minister for Immigration and Border Protection [2020] HCA 34

Law Report (ABC) for 27 October presented by Damien Carrick - Landmark Victorian report on image based sexual abuse

The National Cabinet : presidentialised politics, power-sharing and a deficit in transparency by Tamara Tulich, Ben Reilly and Sarah Murray on Australian Public Law - considers the National Cabinet

The history of defamation law : unjumbling a tangled web by The Hon T F Bathurst - defamation law history

Pauperis v Pauperis [2020] NSWSC 1470 - succession, a woman who assumed control over a Sydney house and a vacant block near Nowra after their owner died became entitled to the properties under squatter's rights and left them to her sons

Federal Court reports, Vol 273(3), October 2020 - in this issue : Australian Red Cross Society v Queensland Nurses' Union of Employees / Fortescue Metals Group v Warrie

New South Wales law reports, Vol 101(4), October 2020 - in this issue : Apokis v Transport for NSW / Bond v Nissan Motor Co (Australia) Pty Ltd / Brewster v BMW Australia Ltd / Coates v Mazda Australia Pty Ltd / Council of Trinity Grammar School, The v Anderson / Duffy Kennedy Pty Ltd v Galileio Miranda Nominee Pty Ltd / Dwyer v Volkswagen Group Australia Pty Ltd t/as Volkswagen Australia / Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia / KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden / Klewer v Director of Public Prosecutions (NSW) (No 2) / Kularathne v Honda Australia Ltd / New South Wales, State of v Vincent (Preliminary) (No 2) / Whisson v Subaru (Aust) Pty Ltd

Duty of care in negligence / James Plunkett

A first nations voice in the Australian constitution / Shireen Morris

The law-making process (8th ed) / Michael Zander

Sentence : the law of sentencing in NSW Courts for state and federal offences (5th ed) / Stephen J Odgers

Water allocation law in New Zealand : lessons from Australia / Jagdeepkaur Singh-Ladhar

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.