The Library Bulletin

Australian law journal, Vol 94(10), October 2020 - in this issue : Current issues Justice François Kunc (ed) Privacy and the law François Kunc, Privacy and the law - introduction Megan Richardson, The curated page / "Personal Information" and group data under the Privacy Act 1988 (Cth) Mark J Taylor / Consumer privacy and consent : reform in the light of contract and consumer protection law Damian Clifford and Jeannie Paterson / Liability of platforms under Australian privacy law David Lindsay / Another push for an Australian privacy tort : context, evaluation and prospects Normann Witzleb / The confidentiality of journalists' sources in police investigations : privacy, privilege and the freedom of political communication Rebecca Ananian-Welsh and Joseph Orange / Privacy class actions Michael Rivette

Public law, October 2020 - in this issue : Justiciability and proceedings in the Oireachtas : the case of Angela Kerins Tom Hickey / (Not) going Dutch : compelling states to reduce greenhouse gas emissions through positive human rights Dr Douglas Maxwell / The dawn of proportionality in Singapore Marcus Teo / Revisiting the rules. The pervasiveness of discretion in the context of planning gains : the case of the community infrastructure levy Tola Amodu / Prevent, free speech, "extremism" and counter-terrorism interventions : exploring narratives about chilling expression in schools Helen Fenwick / Judicial review and ombuds : a systematic analysis Richard Kirkham / Understanding the elephant : considering UK electoral reform in light of the US experience Lori A Ringhand / Power to the people! Public spaces protection orders and the devolution of the preventive state Ben Stanford / Judicial review evidence in the era of the digital state Public Law Joe Tomlinson

NSW Bills assented to

Sporting Venues Authorities Amendment (Venues NSW) Act 2020 No 29 — Assented to 27 October 2020

Statute Law (Miscellaneous Provisions) Act 2020 No 30 — Assented to 27 October 2020

Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 No 31 — Assented to 27 October 2020

Health Legislation (Miscellaneous Amendments) Act 2020 No 32 — Assented to 27 October 2020

Road Transport Legislation Amendment Act 2020 No 33 — Assented to 27 October 2020

Work Health and Safety Amendment (Information Exchange) Act 2020 No 34 — Assented to 27 October 2020

Bills assented to

Road Transport Amendment (Digital Licensing) Act 2020 No 27 — assented to 19 Oct 2020

Transport Administration Amendment (Closures of Railway Lines in Northern Rivers) Act 2020 No 28 — assented to 19 Oct 2020

In progress

Community Land Development Bill 2020 - in Legislative Council, to be reported, 21 Oct 2020

Community Land Management Bill 2020 - in Legislative Council, to be reported, 21 Oct 2020

Drug Supply Prohibition Order Pilot Scheme Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 Oct 2020

Government Sector Employment Amendment (Teleworking) Bill 2020 - in Legislative Assembly, second reading debate, debate interrupted, 22 Oct 2020

Liquor Amendment (24-hour Economy) Bill 2020 - in Legislative Council, consideration in Committee of the Whole, set down for a later hour of the sitting, 22 Oct 2020

Local Land Services Amendment (Miscellaneous) Bill 2020 - in Legislative Council, awaiting mover's second reading speech, debate adjourned, 21 Oct 2020

National Parks and Wildlife Legislation Amendment (Reservations) Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 Oct 2020

NSW Jobs First Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 22 Oct 2020

Retirement Villages Amendment Bill 2020 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 Oct 2020

State Insurance and Care Governance Amendment (Employees) Bill 2020 - in Legislative Assembly, awaiting mover's second reading speech, 20 Oct 2020

Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 22 Oct 2020

Work Health and Safety Amendment (Food Delivery Workers) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 21 Oct 2020

Awaiting assent

Health Legislation (Miscellaneous Amendments) Bill 2020 - awaiting assent, 21 Oct 2020

Road Transport Legislation Amendment Bill 2020 - awaiting assent, 22 Oct 2020

Sporting Venues Authorities Amendment (Venues NSW) Bill 2020 - awaiting assent, 20 Oct 2020

Statute Law (Miscellaneous Provisions) Bill 2020 - awaiting assent, 20 Oct 2020

Stronger Communities Legislation Amendment (Miscellaneous) Bill 2020 - awaiting assent, 20 Oct 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - awaiting assent, 22 Oct 2020

Notice of motion

Environmental Planning and Assessment Amendment (Review of Land Decisions) Bill 2020 - in Legislative Council, notice of motion, 20 Oct 2020

Government Sector Finance Amendment (Government Grants) Bill 2020 - in Legislative Council, notice of motion, 20 Oct 2020

ICAC and Other Independent Commissions Legislation Amendment Bill 2020 - in Legislative Council, notice of motion, 20 Oct 2020

Independent Commission Against Corruption Amendment (Property Developer Commissions to MPs) Bill 2020 - in Legislative Assembly, notice of motion, 20 Oct 2020

Negatived

Roads Amendment (Toll-free Period) Bill 2020 - negatived, 22 Oct 2020

Clerk and Lindsell on torts (23rd ed) / Michael A Jones and Anthony M Dugdale (eds)

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.

TL v R [2020] NSWCCA 265 - conviction and 35 year sentence for murder of a toddler upheld, evidence rulings on tendency evidence (prior scalding of toddler's feet, and apparent bruising) and toddler's statement that D once punched her, allowed under s 65(2)(c)

Todd v The Queen [2020] HCATrans 170 - refusal of special leave, sentencing, life sentences on 19-year-olds raise significant equality issues

The ages of administrative law by Paul Daly on Administrative Law Matters

Employees duties under Ch2D of the Corporations Act from University of Sydney Law School

Is a safety regulator's enforcement notice always valid? Not if the notice was issued 'under dictation' by Michael Selinger of Holding Redlich - considers enforcement notices issued by safety regulators

Judicial ideology in the absence of rights : evidence from Australia by Zoe Robinson, Patrick Leslie and Jill Sheppard from Australian National University

Law Report (ABC) for 20 October presented by Damien Carrick - South Australia reduces sentencing discounts. Also, direct democracy in NZ and the US

Procedural justice in the criminal justice system by Elise Sargeant, Julie Barkworth, and Natasha S Madon in Criminology and Criminal Justice (online)

The rise of the anti-arbitration injunction, Third Annual Supreme Court ADR Address, Justice A S Bell

Register for a webinar on Voice to parliament as part of The Indigenous Law Centre and Uluru Dialogue NAIDOC Seminar Series.

Panel : Megan Davis, Noel Pearson and Dani Larkin

When : October 22nd at 6pm

See details here.

Australian law journal, Vol 94(9), September 2020 - in this issue : Current issues Justice François Kunc (ed) Reflecting on recent events, Power, candour and decency in the law Ruth Higgins SC, A letter to the Commonwealth Attorney General, Thinking about judicial independence, The curated page / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Some rights and liabilities of co-owners Timothy Pilkington, Fraud, the in personam exception and enforcing the undertakings of predecessors Christopher Pearce / Admiralty and maritime Dr Damien J Cremean (ed) Salvage and voluntariness Damien J Cremean / New Zealand Justice Matthew Palmer (ed) Civil justice reform in New Zealand Justice Stephen Kós / International focus Professor Stuart Kaye (ed) International inquiries and fact-finding in international law Stuart Kaye / Personalia Emily Vale (ed) Queensland - Justice Peter Callaghan, Justice Frances Williams, South Australia - Justice Mark Livesey, Tasmania - Senior Counsel appointments, Victoria - Associate Justice Julian Hetyey / What remains of the Engineers Case? A centenary appraisal Nicholas Aroney / The evolution from strict liability to negligence : implications for the tort of private nuisance – part 2 Anthony Gray / Pandemic justice – an historical perspective John Logan

In progress

Liquor Amendment (24-hour Economy) Bill 2020 - in Legislative Council, second reading, debate adjourned, 15 October 2020

Liquor Amendment (Right to Play Music) Bill 2020 - in Legislative Assembly, awaiting mover's second reading speech, 15 October 2020

Local Government Amendment (Pecuniary Interests Disclosures) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 15 October 2020

Local Land Services Amendment (Miscellaneous) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 October 2020

Marine Pollution Amendment (Review) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 15 October 2020

Road Transport Legislation Amendment Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 15 October 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Assembly, second reading debate, debate interrupted, 15 October 2020

Stronger Communities Legislation Amendment (Miscellaneous) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 October 2020

Awaiting assent

Road Transport Amendment (Digital Licensing) Bill 2020 - awaiting assent, 13 October 2020

Transport Administration Amendment (Closures of Railway Lines in Northern Rivers) Bill 2020 - awaiting assent, 15 October

To be reported

Health Legislation (Miscellaneous Amendments) Bill 2020 - to be reported, 14 October 2020

Sporting Venues Authorities Amendment (Venues NSW) Bill 2020 - to be reported, 15 October 2020

State Insurance and Care Governance Amendment (Employees) Bill 2020 - to be reported, 14 October 2020

Statute Law (Miscellaneous Provisions) Bill 2020 - to be reported, 15 October 2020

Warnervale Airport (Restrictions) Repeal Bill 2020 - to be reported, 14 October 2020

Notice of motion

Casino Control Amendment (No Compensation) Bill 2020 - in Legislative Council, notice of motion, 15 October 2020

Petroleum (Onshore) Amendment (Cancellation of Zombie Petroleum Exploration Licences) Bill 2020 - in Legislative Council, notice of motion, 15 October 2020

Negatived

Local Land Services Amendment (Land Management and Forestry) Bill 2020 - negatived, 14 October 2020

Acts proclaimed

Police Amendment (Promotions) Act 2020 No 23 (2020-609) — 15 October 2020 appointed as the day on which that Act commences, published LW 14 October 2020

Veterinary Practice Act 2003 No 87 (2020-612) — 16 October 2020 appointed as the day on which clause 19 of Schedule 4 to the Veterinary Practice Act 2003 ceases to have effect, published LW 16 October 2020

Register for a free webinar, Closing the Justice Gap : Implementing the Australian Law Reform Commission's Pathways to Justice Roadmap.

To be held on 28 October 2020 5.00pm - 6.30pm.

Join a panel discussion featuring Dr Hannah McGlade, Ms Cheryl Axleby, Dr Tracey McIntosh and Mr Tony McAvoy SC. Moderated by Law Council President, Pauline Wright.

See details here.

Automated decision making and administrative law – a nationwide conversation on law reform - webinar from the Australian Law Reform Commission

Geoffrey Robertson QC : the crisis in Nagorno-karabakh on The Wigs Podcast - the Wigs discuss international law in the context of a war over Nagorno-Karabakh with Geoffrey Robertson QC

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

Law Report (ABC) for 13 October presented by Damien Carrick - Appointing judges in the US and Australia and our consumer watchdog at work

New Bill – Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 by Patrick Holland and Kate Swain of McCullough Robertson - considers the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Cth)

Restorative justice and therapeutic jurisprudence in forensic cases – perspectives of a lawyer and a psychologist by Michael Perlin and Dr Valerie McClain on Therapeutic Jurisprudence in the Mainstream Blog - considers therapeutic jurisprudence

What is the legal status of an accredited practitioner? Part II by Aaron Kloczko of Maddocks - considers accredited practitioners

Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 - "harsh, unconscionable or oppressive", strata titles, applicants keep an animal (a miniature schnauzer) in their apartment in contravention of a by-law

Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 1468 - copyright, whether injunction should be granted requiring carriage service providers to disable access to online locations outside Australia

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.

Can a High Court challenge of Melbourne's lockdown succeed? Here's what the Constitution says by Luke Beck on The Conversation

The anatomy of administrative law / Joanna Bell

Current issues in Australian constitutional law : tributes to Professor Leslie Zines / John Griffiths and James Stellios (eds)

Fake law : the truth about justice in an age of lies / The Secret Barrister

Playing off the roof and other stories : a patchwork of memories / Simon Brown

Police and government in Australia : who's in charge and who should be in charge / Ian Killey

Adelaide law review, Vol 40(1), 2020 - in this issue : God-like powers : the character test and unfettered ministerial discretion Samuel C Duckett White / Justice at the edge : hearing the sound of silence Kim Economides, Aaron Timoshanko and Leslie S Ferraz / Can parliament deprive the High Court of jurisdiction with respect to matters arising under the Constitution or involving its interpretation? Robert Size / Demystifying CLS : a critical legal studies family tree James Gilchrist Stewart / A critical analysis of practitioners issuing 'not appropriate for family dispute resolution' certificates under the Family Law Act 1975 (Cth) Joshua Taylor / Speech Acts : is racial vilification a form of racial discrimination? Bill Swannie / Legal obligation and social norms Jonathan Crowe and Lucy Agnew / The future of legal education in the 21st Century Daniel Goldsworthy / How does the area of law predict the prospects of harmonisation? Guzyal Hill / Old enough to know better? Reform options for South Australia's age of criminality laws comment Kershlin Krishna and Sarah Moulds / All is fair in love and remote indigenous communities? ASIC v Kobelt (2019) 368 ALR 1 case notes Henry Materne-Smith / Protecting or neglecting? The case of Public Advocate v C, B (2019) 133 SASR 353 case notes Clare Nolan and Katie Walsh

Australian bar review, Vol 49(1), Sep 2020 - in this issue : Obligations and powers of superannuation trustees concerning situations of actual or possible conflict J C Campbell / Purposive contract interpretation and the High Court Ryan Catterwell / Vulnerability, autonomy and protection: The role of actual and hypothetical contracts in the duty of care to protect against pure economic loss Alexander Jackman / Class action settlements beyond the pleaded case James O'Hara / Constitutional imperatives Joshua Thomson and Madeleine Durand / The medieval law of debt and the interests served by the statutes merchant Samuel Walpole / In the interim : assessing and managing risk when doctors are accused of sexual misconduct Gabrielle Wolf

From 12 October the library will be open from 8.00am to 1.00pm Mondays, Tuesdays, Thursdays and Fridays. The librarians are still also available to assist with your queries via email from 9.00am to 5.00pm, Monday to Friday.

You will be required to register each attendance on arrival at the library. That includes barristers, clerks and chambers staff. Upon initial registration members will be sent a library e-card for their phone wallet.

This e-card is to be used for attendance registration and for borrowing. You should retain it for future visits and/or to give to your agent when they are borrowing on your behalf.

Details will be kept for 28 days.

Loans

In an effort to minimise the handling of materials, the following loan procedures will apply. Any books currently on the shelf in the library will need to be collected from the shelf and borrowed by the member (or agent), this will be done via a self service kiosk.

Any books currently on loan and which have been reserved, will be loaned to the member by the librarians after 24 hours quarantine and put out in the Click&Collect trolley for collection during library hours.

You will receive an email confirmation that the books are available to collect. The books will be checked out and ready for your collection when you receive the email. Please do not come in until you have received this email.

You will now only be able to reserve books that are currently on loan.

Returns

There is a trolley available at the front door during library hours for you to deposit returned books safely. Please do not return books when the library is closed.

Returned books will not be available to borrow for a minimum of 24 hours for health and safety reasons.

Safety Guidelines

When you come to the library, please comply with the new health and safety guidelines that we have developed.

2020 excluding or limiting liability in commercial contracts by Michael Bennett of 13 Wentworth Selborne Chambers - considers liability in commercial contracts

Ignorance is not bliss in a pro-arbitration jurisdiction – the enforcement of foreign arbitral awards in Australia by Geoff Farnsworth and Ushna Bashir of Holding Redlich - considers foreign arbitral awards

Law Report (ABC) for 6 October presented by Damien Carrick - Elder abuse and COVID-19

The role of the Chair : insights from ASIC v Mitchell (No 2) by Andrew Lumsden and Daniel Baldwin of Corrs Chambers Westgarth - considers Australian Securities and Investments Commission v Mitchell (No 2) [2020] FCA 1098

The use of artificial intelligence by government : parliamentary and legal issues by Daniel Montoya and Alice Rummery, NSW Parliamentary Research Service e-brief - considers the parliamentary and legal implications of governments using a form of AI : automated-decision making

Andrew Learmont v SAS Trustee Corporation [2020] NSWDC 595 - "Use of the verb “recuse” reflexively disapproved, such being inconsistent with etymology and correct English usage"

Gair and Turland v Greenwood [2020] NSWDC 586 - defamation, YouTube video

Northern Land Council & Anor v Quall & Anor [2020] HCA 33 - native title

Register for a free seminar Commonwealth Workers Compensation presented by Peter Sutherland and Allan Anforth on Wed, 14 October 2020 from 1 to 2pm, online, see details here.

Coercive control is a form of intimate terrorism and must be criminalised by Paul McGorrery, Jess Hill, Hayley Foster, Marilyn McMahon, Annabelle Daniel and others on The Guardian

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.

Due to the public holiday on Monday next week, Click, Collect and Return will be on Tuesday and Thursday.

Reminder re how to :

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 Tuesday and Thursday 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.

Australia is not ready to criminalise coercive control — here's why by Kate Fitz-Gibbon on The Conversation

Ruth Bader Ginsburg's death shows the top courts in the United States and Australia are very different beasts by Elizabeth Byrne on ABC News