The Library Bulletin

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.

Berry v CCL Secure Ltd by Katy Barnett on Opinions on High High Court Blog - considers Berry v CCL Secure Pty Ltd [2020] HCA 27

Can third parties enforce a contract without infringing on the doctrine of privity? by Kim Nguyen of Holding Redlich - considers Clarence City Council v Commonwealth of Australia [2020] FCAFC 134

Law Report (ABC) for 11 August presented by Damien Carrick - Singapore introduces COVID 19 electronic bracelets. And media freedom in Malaysia

The life and legacy of Sir Samuel Griffith remembered by Nathan Church on Parliament of Australia Flag Post - examines the life of Sir Samuel Griffith

What's plainly wrong in Australian law? An empirical analysis of the rule in Farah by Antonia Glover in University of New South Wales Law Journal (Advance) - considers the rule that Australian courts must follow the decisions of appellate courts across Australia unless convinced that those decisions are 'plainly wrong'

Explainer : what is a 'state of disaster' and what powers does it confer? by Anne Twomey on The Conversation - examines what a state of disaster is

The future of courts by Richard Susskind on The Practice (from Harvard Law School) - examines the future of courts in light of the pandemic

Law Report (ABC) for 4 August presented by Damien Carrick - What is a 'state of disaster'? And Sole Practitioner loses sexual harassment appeal

Online register of modern slavery statements launched by Daniel Fielding and Daisy Mallett of King and Wood Mallesons - examines the new register

Revitalising public law in a technological era : rights, transparency and administrative justice by Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb in University of New South Wales Law Journal (Advance) - considers how public law should be revitalised in light of the increasing use of technology in government decision-making

State Strategic Plan for Crown Land : an opportunity to reconcile complex land uses in NSW by Peter Holt and Clara Klemski-Edwards of Holding Redlich - examines the draft Strategic State Plan for Crown Land

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.

Backpacker tax ruled 'valid' by Federal Court, denying 75,000 working holiday-makers money from the ATO by Clint Jasper on ABC Rural

Coronavirus : can the pandemic make us rethink our courts? by Jenny Rees on BBC

First Nations lawyers call for urgent action on Walama Court by Michaela Whitbourn on Sydney Morning Herald

How an 'unwritten law', media spin and legal cunning saw Audrey Jacob get away with murder by Emma Wynne on ABC Radio Perth

Kenneth Hayne says Covid shows Australian politics can be more than a 'dialogue of the deaf' by Katharine Murphy on The Guardian

In progress

Adoption Legislation Amendment (Integrated Birth Certificates) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 5 August 2020

Anti-Discrimination Amendment (Sex Workers) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 5 August 2020

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Constitution Amendment (Water Accountability and Transparency) Bill 2020 - in Legislative Council, second reading, debate in progress, 4 August 2020

Education Legislation Amendment (Parental Rights) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 5 August 2020, Bill referred to Portfolio Committee No. 3 - Education for inquiry and report 5 August 2020

Environmental Planning and Assessment Amendment (Prohibition of Waste to Energy Incinerators) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 5 August 2020

Police Amendment (Promotions) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 6 August 2020

Roads Amendment (Toll-free Period) Bill 2020 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 5 August 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, awaiting second reading debate, 4 August 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Assembly, to be reported, 5 August 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, awaiting second reading debate, 4 August 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 4 August 2020

Notices of motion

Government Sector Employment Amendment (Teleworking) Bill 2020 - in Legislative Assembly, notice of motion, 6 August 2020

Awaiting assent

Defamation Amendment Bill 2020 - awaiting assent, 6 August 2020

Gas Legislation Amendment (Medical Gas Systems) Bill 2020 - awaiting assent, 6 August 2020

Personal Injury Commission Bill 2020 - awaiting assent, 5 August 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020 - awaiting assent, 5 August 2020

Bills negatived

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - negatived, 6 August 2020

Bills assented to

Digital Restart Fund Act 2020 No 15 — assented to 3 August 2020, date of commencement, assent

Berry & Anor v CCL Secure Pty Ltd [2020] HCA 27 - damages, misleading and deceptive conduct

Commissioner of Taxation v Addy [2020] FCAFC 135 - taxation, working holiday makers

Lewis v The Australian Capital Territory [2020] HCA 26 - damages, false imprisonment

Singh v The Queen [2020] HCA 25 - criminal appeal, death of appellant

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.

Admiralty jurisdiction : law and practice in Australia, New Zealand, Singapore, Hong Kong and Malaysia (5th ed) / Damien J Cremean

Children and young people in asylum and refugee processes : towards best practice / Mary Crock, Kate Bones, Daniel Ghezelbash, Jemma Hollonds and Mary Anne Kenny

NCAT [New South Wales Civil and Administrative Tribunal] : practice and procedure (2nd ed)/ Mark Robinson and Juliet Lucy

Treaty (2nd ed) / George Williams and Harry Hobbs

The tuning cymbal : selected papers and speeches of Robert French / Robert Pascoe (ed)

Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2020] FCAFC 130 - misleading or deceptive conduct

Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080 - human rights, discrimination

CanLII has added access to approximately 4,800 decisions from Reports of Family Law to CanLII.org, see the cases here.

In progress

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Council, to be reported, 28 July 2020

Defamation Amendment Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 29 July 2020

Privacy and Personal Information Protection Amendment (Service Providers) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 30 July 2020

State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 29 July 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Council, to be reported, 28 July 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - in Legislative Assembly, second reading debate, debate interrupted, 30 July 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Council, to be reported, 29 July 2020

Awaiting assent

Digital Restart Fund Bill 2019 - awaiting assent, 28 July 2020

Australian states agree to overhaul of 'outdated' defamation laws by Michael McGowan on the Guardian

National cabinet deliberations may not be exempt from FoI, legal advice says by Katharine Murphy on The Guardian

NSW runs AI over legislation to find reform opportunities by Justin Hendry on IT News

The push to raise Australia's minimum age of criminal responsibility by Henry Zwartz and Joseph Dunstan on ABC News

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.

Bostock v Clayton County and a tribute to William Ah Ket - The Wigs podcast - Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns discuss the US Supreme Court decision Bostock v Clayton County, Georgia, Supreme Court of the United States, Slip Opinion, No. 17–1618. Argued October 8, 2019—Decided June 15, 2020 where a US man was fired for "conduct unbecoming a county employee" and profile William Ah Ket

Is the constitutional injunction 'ordinary'? Smethurst v Commissioner of Police by Jason N E Varuhas on Opinions on High High Court Blog - considers Smethurst v Commissioner of Police [2020] HCA 14

Law Report (ABC) for 28 July presented by Damien Carrick - Queensland parliament to vote on legalising Torres Strait Island childrearing practices

Law Talking Episode 3 from Greenway Chambers - Frank Hicks SC, Adele Carr and Leah Reid look at current issues and three 3 recent full federal court decisions on the question of "contractor or employee?"

Professional sports and the dangerous recreational activities defence: what conduct amounts to an obvious risk? by Richard Johnson and Peter Miller of McCabe Curwood - considers Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152

Protest in a pandemic – the Special status of public spaces by Maria O'Sullivan on Australian Public Law - considers the public law implications of COVID-19

Trace (season 2) : the informer - ABC's Rachael Brown tells the story of informer Nicola Gobbo

History Matters : Crime histories and the Australian story

On 5 August from 5.30 to 6.30 - Dr Rachel Franks, Nerida Campbell and Dr Andy Kaladelfos will discuss crime histories in an online talk from State Library of NSW.

Register for free here.

Company meetings and resolutions : law, practice and procedure (3rd ed) / Leslie Kosmin and Catherine Roberts

Criminal procedure in Australia (2nd ed) / Francine Feld, Andrew Hemming and Thalia Anthony

Environmental, planning and climate law in Queensland / Rowena Maguire, Evan Hamman, Justine Bell-James, Amanda Kennedy and Philippa England

Partnership law : the modern law of firms, limited partnerships and LLPs (6th ed) / Mark Blackett-Ord and Sarah Haren

Powers of attorney (3rd ed) / G E Dal Pont

Justice Legislation Amendment Act (No 2) 2019 No 20 — 27 July 2020 appointed as the day on which Schedule 1.15 to the Act commences, published on legislation website 24 July 2020

Fingerprint comparison and adversarialism : the scientific and historical evidence by Gary Edmond, Emma Cunliffe and David Hamer in Modern law review (open access) - considers fingerprint evidence

Independent review recommends fundamental reform of 'archaic, ineffective' EPBC Act by Bill McCredie, Eve Lynch and Naomi Bergman of Allens - considers the Interim report of the Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999

Law Report (ABC) for 21 July presented by Damien Carrick - Family violence killing found to be a workplace death

The meaning of "consumer" is changing by Georgia Milne of Holding Redlich - considers the meaning of consumer

William and Lonsdale Podcast Episode 8 : Judge Arushan Pillay

Catherine Bond is doing an online book talk about her new book Law in war on 28 July at 12.30, register for free here.

"A nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of the law on Australians during the First World War. In her new book, Law in War, author and academic Catherine Bond breathes life into the laws that were central to the way people were managed in Australia, 1914–18".

Ajia v TJ & RF Fordham Pty Ltd trading as TRN Group [2020] NSWDC 371 - torts, "duty of care owed to labour hire worker by controller of building site", skylarking, horseplay

CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104 - immigration, alleged apprehended bias

Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 - human rights, discrimination, sexual harassment

Inacio v Luckose [2020] NSWCATAP 149 - fences and boundaries, definition of "fence"

Milson v Milson [2020] NSWSC 919 - burial rights

Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152 - torts, negligence, civil liability, meaning of "recreational activity"

A virtual Australian parliament is possible – and may be needed – during the coronavirus pandemic by Anne Twomey on The Conversation

What's the law when it comes to coastal erosion? on Saturday Breakfast with Craig Hamilton

Why Monty Python's Life of Brian, once rated X, is now a 12A by on BBC

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.

Have your say on the Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999.

Fill in the survey on the report here.

The closing date for the survey is Monday 17 August 2020 at 9 am.