The Library Bulletin

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

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.

Law Report (ABC) for 1 September presented by Damien Carrick - Clive Palmer v WA, gag laws on sexual assault survivors in Victoria and considering personality disorders when sentencing

Law Talking Episode 4 : A marathon of change presented by Frank Hicks SC, Lucas Shipway, Ingmar Taylor SC, Jamie Darams, Lucy Saunders and Ian Roberts SC of Greenway Chambers - considers climate change litigation, employment and the 2019 Port Macquarie Ironman

The Palmer Act by Nick Seddon on Australian Public Law - considers the Western Australian government’s legislative attempt to shut down arbitration claims by Clive Palmer

Take-out won't take away a right to payment by Evan Economo, Chris Nielsen and Matt Bradbury of McCullough Robertson - considers Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWCA 172

Too much information : civilisation and the problems of privacy, presented by Justice Keane AC at the Whincop Memorial Lecture 2020, Brisbane, 27 August 2020

Class actions and government / Rachael Mulheron

The right to be forgotten : a Canadian and comparative perspective / Ignacio N Cofone (ed)

The report of the Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press has been released, see here.

Right or Privilege? Privacy of Communications on the Internet

On the 9th of September from 4 to 5 the Australian Society for Computers and Law is presenting an online talk where Edward Santow, Rachael Falk and Professor Lyria Bennett-Moses will be discussing privacy and online security.

Register for the talk here.

In progress

Better Regulation Legislation Amendment Bill 2020 - in Legislative Council, Consideration in Committee of the Whole, Bill set down as an order of the day for a later hour of the sitting, 27 August 2020

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 26 August 2020

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 26 August 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Assembly, to be reported, 26 August 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Assembly, to be reported, 25 August 2020

Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 - in Legislative Council, second reading, debate interrupted, 26 August 2020

Awaiting assent

Casino Control Amendment (Inquiries) Bill 2020 - awaiting assent, 28 August 2020

Notice of motion

Public Works and Procurement Amendment (Workers Compensation Nominal Insurer) Bill 2020 - in Legislative Council, notice of motion, 25 August 2020

The final report of the NSW bushfire inquiry is available here.

Arthur Conan Doyle's estate sues Netflix for giving Sherlock Holmes too many feelings by Adi Robertson on The Verge

Federal Court finds border closures safest way to protect public health in Clive Palmer case by Anne Twomey on The Conversation

Bhagwan Marine Pty Ltd v The Ship "Teras Bandicoot" [2020] FCA 1224 - arrest of an uncrewed ship

Brown v The Queen [2020] VSCA 212 - impact of mental disorder at time of offending and/or sentence

Palmer v State of Western Australia (No 3) [2020] FCA 1220 - WA border closure

Will v The Queen [2020] ACTCA 42 - if an offender gives assistance to authorities, it doesn't matter whether that assistance was voluntary or compelled, they are still entitled to a sentence discount.

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.

Australian Capital Territory votes to raise age of criminal responsibility from 10 to 14 by Lorena Allam on The Guardian

Bob Brown launches legal challenge to native forest logging in Tasmania by Adam Morton on The Guardian

Google says Australian law would put search and YouTube at risk on BBC News

Kathleen Folbigg conviction questioned after scientists discover genetic mutation which 'likely' killed two children by Quentin McDermott on ABC News

Liquidation of Alan Bond's Bell Group ends after nearly three decades with WA Government among winners by Andrea Mayes on ABC News

Sydney bar manager who took man to court for slapping her bottom says she hopes for change by Sarah Thomas on ABC News

Walkies could become the law for German dog owners on BBC News

Commerce Commission v Bunnings Limited [2020] NZCA 310 - "Lawyers like to talk about “facts in issue”, which invests the concept with a somewhat spurious certainty. The reality is that evidence exists to prove or disprove hypotheses — about facts the existence of which is uncertain. To be evidence the material tendered must tend to do that. If it does not, it is mere distraction and has no place being in the courtroom."

JPM v The Queen [2020] HCATrans 115 - "The second exquisite irony, in our submission, is that it is fundamentally incorrect to reason that the giving of an Azzopardi direction would undermine the giving of an Azzopardi direction."

Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188 - "the Model Litigant Principles issued by the Queensland Government do not create rights on the part of other litigants. They are directions issued by the Queensland Government to those conducting litigation on behalf of the State"

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.

Beyond the pandemic : new frontiers in Asia-Pacific international dispute resolution at University of Sydney Law School chaired by Prof Luke Nottage - considers the future of international dispute resolution

Law Report (ABC) for 18 August presented by Damien Carrick - Tackling modern slavery

Leave and security for costs for an incarcerated appellant – Mr D v Ms P [2020] NSWCA 174 by Amanda Kmetyk of McCabe Curwood - considers Mr D v Ms P [2020] NSWCA 174

What is a day? High Court delivers landmark decision on personal leave entitlements by Mick MOy, Tim Longwill, Lydia Daly, Amber Sharp, Tom Reaburn and Nicola McMahon of McCullough Robertson - considers Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29

The Wigs - What fairness demands : the role of the prosecutor under the microscope - considers prosecutorial fairness

Defamation Amendment Act 2020 No 16 — assented to 11 August 2020

Gas Legislation Amendment (Medical Gas Systems) Act 2020 No 17 — assented to 11 August 2020

Personal Injury Commission Act 2020 No 18 — assented to 11 August 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Act 2020 No 19 — assented to 11 August 2020

Sydney man invokes squatting law to win rights to Redfern 'dunny lane' in NSW Supreme Court by Jamie McKinnell on ABC News

Hardy v Sidoti [2020] NSWSC 1057 - adverse possession, actual possession, squatter's rights, claim to remnant of "dunny lane" incorporated into plaintiff's garden

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 - industrial law

Queensland v Masson [2020] HCA 28 - negligence, ambulance officers

SW v Khaja [2020] NSWCA 128 - negligence, injury during serious offence