The Library Bulletin

Confidentiality (4th ed) / R G Toulson and C M Phipps

Frank & fearless / Nicholas Cowdery

Real property law in Queensland (5th ed) / Anne Wallace, Michael Weir and Les McCrimmon

Uniform evidence law (15th ed) / Stephen Odgers

Anti-money laundering and counter-terrorism financing law and policy : showcasing Australia / Anne Imobersteg Harvey

Enemies of the people? : how judges shape society / Joshua Rozenberg

Interpretation and use of legal sources : the laws of Australia (2nd ed) / Perry Herzfeld, Thomas Prince

The law affecting valuation of land in Australia (6th ed) / Alan A Hyam

Lewin on trusts (20th ed) / Lynton Tucker, Nicholas Le Poidevin and James Brightwell

Principles of dispute resolution (3rd ed) / David Spencer

Rectification of documents / John Tarrant

Victoria to set up Australia's first truth and justice commission to recognise wrongs against Aboriginal people by Lorena Allam on The Guardian

Moodie v R [2020] NSWCCA 160 - "Although the sentencing judge’s failure formally to refer to Whyte is not determinative, it was nevertheless not insignificant, especially when coupled with the fact that neither counsel referred to it in their submissions"

Qaumi, Farhad v R; Qaumi, Mumtaz v R; Qaumi, Jamil v R [2020] NSWCCA 163 - criminal law, ganland violence

R v Sandeson, 2020 NSCA 47 - "it offends society’s sense of fair play and fundamental notions of justice for the state to accept assistance of a professional in the investigation and prosecution of an accused when that professional is currently retained by that accused"

SW v Khaja [2020] NSWCA 128 - motor vehicle accident, passenger falling from moving taxi, central factual contest as to whether she was engaged in joint criminal enterprise of attempted armed robbery of the driver

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.

Court finds Council not entitled to costs following discontinuance of Class 1 appeal by Breellen Warry, Georgia Appleby and Shenaye Ralphs of Holding Redlich - considers Xia v Hornsby Shire Council [2020] NSWLEC 73

Design and Building Practitioners Act 2020 – implications for insurers by Scott Kennedy of McCabe Curwood - considers the Design and Building Practitioners Act 2020 (NSW)

Dyson Heydon, harassment and what it means for the legal profession from The Wigs podcast

Law Report (ABC) for 14 July presented by Damien Carrick - New security laws are designed to confuse, says former Hong Kong barrister. And, should the Bernard Collaery trial be held in secret?

William and Lonsdale Podcast Episode 6 - Felicity Gerry QC

We have temporary access to a selection of Lexis e-books via Lexis Red.

Remember that we also have Lexis loose-leafs on the platform. Lexis Red gives you remote access to Lexis resources on your desktop computer, laptop or tablet.

If you are not already signed up for Lexis Red please email lexisred@nswbar.asn.au.

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.

Australia's world-first anti-encryption law should be overhauled, independent monitor says by Paul Karp on The Guardian

The law that could make climate change illegal by Jocelyn Timperley on BBC

The Peter Ellis case and Māori customary law by Martin Van Beynen on Stuff NZ

Top legal women call on Attorney-General to establish independent complaints body for judges by Jacqueline Maley and Kate McClymont on Sydney Morning Herald

Victory for Yellowstone's grizzly bears as court rules they cannot be hunted by Todd Wilkinson on The Guardian

Bankowski v Commissioner of Police [2020] NSWCATAD 175 - prohibited firearm, military design, "of a kind"

Flowers v State of New South Wales [2020] NSWSC 883 - application for judge to disqualify himself, bias

Southey v The Australian Press Council [2020] NSWCATAD 177 - anti-discrimination, transgender grounds

The Brett Cattle case : exploring the limits of delegated law-making powers by Janina Boughey on Australian Public Law - considers Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732

Cyber attacks : is it legal to pay a ransom in Australia? by Patrick Gunning of King and Wood Mallesons - considers legality of ransoms

Design and Building Practitioners Act 2020 (NSW) by Frank Hicks SC and Faheem Anwar of Greenway Chambers - looks at the Design and Building Practitioners Act 2020 (NSW)

Law Report (ABC) for 7 July presented by Damien Carrick - Melbourne public housing lockdown, and US online library sued for IP breaches

Slippery business : a slip during a work trip not compensable, says Federal Court by Rachel Drew, Rose Dimitrious and Ella Rooney of Holding Redlich - considers Dring v Telstra Corporation Limited [2020] FCA 699

William and Lonsdale Podcast, Episode 5 - Peter Norden AO

Minister for Immigration and Border Protection v CED16 [2020] HCA 24 - immigration, refugees, protection visa

Nguyen v The Queen [2020] HCA 23 - evidence, criminal law, "mixed statements"

Richardson v People, 2020 CO 46 - juror qualification, disqualification of a judge, "Aware that his wife was one of the prospective jurors, the trial judge told the prosecutor and defense counsel, before the prospective jurors entered the courtroom, to "[b]e nice to Juror 25. My dinner is on the line."", "...Juror 25 to state “I’ve spent more time with him this week than usual." The trial judge responded "You forced her to spend more time with me which is worse." Before continuing with his closing argument, defense counsel commented, "That is unique in jurisprudence in Colorado.""

Graham Nassau Gordon Senior-Milne v The Advocate for Scotland [2020] CSIH 39 - "we observe that Magna Carta has no force of law in Scotland, it is an English document"

Do you need a textbook? Use our ‘Click, Collect and Return’ service.

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. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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.

If you have any queries regarding the new system please do not hesitate to contact us by email.

No selection criteria, no transparency. Australia must reform the way it appoints judges by Kcasey McLoughlin on The Conversation

Digital prejudice : is it 'unfair' for witnesses to give evidence by video link? by Edwina Kwan and Jay Tseng of King and Wood Mallesons - considers Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2020] NSWSC 732

Game (not) over for computer-implemented inventions by Kate Hay, Colette Downie and James Beavis of Corrs Chambers Westgarth - considers several recent Federal Court decisions concerning computer-implemented inventions

Law and Business Seminar : Funds held on trust and the PPSA : A discussion of the decision in Dalian [2020] WASC 132, a presentation at University of Sydney chaired by Professor Jason Harris and with a panel condsting of Associate Professor David Brown, Ronny Chen and Jim Johnson - considers Dalian Huarui Heavy Industry Internation Company Ltd v Clyde and Co Australia (a firm) [2020] WASC 132

Law Report (ABC) for 30 June presented by Damien Carrick - Covid-19 and family law

Law Talking, Episode 2, Stand down - Greenway Chambers barristers discuss recent events

No soup for you – Hawkins v South Western Sydney LHD by Jacinta Smith of McCabe Curwood - considers Hawkins v South Western Sydney Local Health District [2020] NSWDC 308

NSW Court of Appeal confirms that Security of Payment Act benefit flows one way by Helena Golovanoff and Divya Chaddha of Holding Redlich - considers TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 118

Remembering the Tasmanian Dam Case by Martin Clark on Opinions on High High Court Blog - considers Commonwealth v Tasmania (1983) 158 CLR 1

Are 20th Century defamation laws apposite to regulating social media? by Susan Goodman and Mina Rassam of Holding Redlich - considers Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102

The family provision jurisdiction in historical perspective - speech by Justice Geoff Lindsay at Macquarie Law School, Succession

Government decision makers should think twice before jumping on the ban-wagon : lessons from the Brett Cattle class action by James Smart, Michelle McCorkell, Bridie O'Shannessy and Amelia French of Maddocks - considers Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732

The June 1870 intercolonial conference and the path to Federation by Nathan Church in FlagPost (Parliament of Australia) - considers the 1870 intercolonial conference and engagement between Australia's jurisdictions

Just Cases Episode 17 : Do witchcraft laws breach freedom of religion? - hosts Dr Melissa Castan and James Pattison talk to Dr Luke Beck about witchcraft, freedom of religion and the decision in Hansen v Archdall and Smith [1930] HCA 16; 44 CLR 265

Law and Business Seminar : Boards and AI - at Sydney University Law School, chaired by Professor Jason Harris, with speakers Dr Akshaya Kamalnath and James North

Law Report (ABC) for 23 June presented by Damien Carrick - Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft

Statements of reasons : issues of legality and best practice by Justice Melissa Perry - considers provision of reasons

The statutory duty of care in the construction industry commences : Design and Building Practitioners Act 2020 by Emanuel Confos, Jason Kalliris and Kylie Lightman of Norton Rose Fulbright - examines the Design and Building Practitioners Act 2020 (NSW)

Do you need a textbook? Use our ‘Click, Collect and Return’ service.

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. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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.

If you have any queries regarding the new system please do not hesitate to contact us by email.

AFX17 v Minister for Home Affairs (No 3) [2020] FCA 890 - immigration, "necessity for a Minister to act in accordance with law – failure to do so"

SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Ltd [2020] NSWDC 330 - "taking evidence of interstate witnesses via audio visual link during COVID-19 pandemic – whether evidence should be taken from the home or workplace of each witness"

Assented

Crimes Amendment (Special Care Offences) Act 2020 No 11 - assented to 23 June 2020, commenced on assent

Law Enforcement Conduct Commission Amendment Act 2020 No 13 - assented to 23 June 2020, commenced on assent

Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12 - assented to 23 June 2020, not yet in force, to be proclaimed

State Revenue Legislation Further Amendment Act 2020 No 14 - assented to 24 June 2020, commenced on assent

Proclaimed

Casino Control Amendment Act 2018 No 8 — 1 July 2020 appointed as the day on which Schedule 1[28] to the Act commences, published on legislation website 26 June 2020

Community Gaming Act 2018 No 60 — 1 July 2020 appointed as the day on which the Act commences, published on legislation website 26 June 2020

Strata Schemes Management Amendment (Building Defects Scheme) Act 2018 No 49 — 1 July 2020 appointed as the day on which the Act commences, published legislation website 26 June 2020

ACT chief prosecutor asks police to investigate Dyson Heydon - Jane Needham SC in discussion with Fran Kelly on Radio National Breakfast

Australia is failing to meet its basic human rights obligations, report finds by Jennifer Luu on SBS News

Australia urgently needs an independent body to hold powerful judges to account by Gabrielle Appleby on The Conversation

Bottling the smells of the Magna Carta, Iliad and Shakespeare for a whiff of history by Jane Lee and Julie Street for Late Night Live (Radio National)

Court databases may prejudice the innocent ; lawyers and privacy experts fear by Samantha Donovan on PM

Natural justice is a golden rule of investigations. Has it been followed in the Dyson Heydon case? by Kate Eastman on The Guardian

Ten years since Australia got its first female prime minister, how diverse is its parliament? by Vivienne Pearson on SBS News

This is what it's like to be a woman in law. This is why it's time for change by Jane Needham SC on Insight

Appeal court quashes two of seven convictions for magistrate Graeme Curran by Georgina Mitchell on Sydney Morning Herald

Facial surveillance is slowly being trialled around the country by Nadia Daly on ABC News

NSW launches deaths in custody inquiry following Black Lives Matter protests on SBS News

One per cent of the world's population is now forcibly displaced by Amelia Dunn on SBS News

US Supreme Court bars discrimination against LGBT workers in landmark ruling on ABC News

The Wigs, their Black Lives Matter win and their top-rating podcast by Michaela Whitbourn on Sydney Morning Herald

In progress

Casino Control Amendment (Inquiries) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 June 2020

Crimes Amendment (Special Care Offences) Bill 2020 - in Legislative Council, to be reported, 16 June 2020

Digital Restart Fund Bill 2019 - in Legislative Assembly, consideration of Legislative Council amendments, 18 June 2020

Personal Injury Commission Bill 2020 - in Legislative Council, awaiting minister's second reading speech, 17 June 2020

Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 - in Legislative Council, referred to committee for inquiry and report, 17 June 2020

Privacy and Personal Information Protection Amendment (Service Providers) Bill 2020 - in Legislative Assembly, second reading speech, interrupted mover's second reading speech, 18 June 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 16 June 2020

Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 17 June 2020

Transport Administration Amendment (International Students Travel Concessions) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned, 18 June 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 16 June 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, 17 June 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 (No 2) - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2020

Work Health and Safety Amendment (Information Exchange) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 18 June 2020

Awaiting assent

Crimes Amendment (Special Care Offences) Bill 2020 - awaiting assent, 16 June 2020

Law Enforcement Conduct Commission Amendment Bill 2020 - awaiting assent, 17 June 2020

Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 - awaiting assent, 16 June 2020

State Revenue Legislation Further Amendment Bill 2020 - awaiting assent, 18 June 2020

Negatived

Building Amendment (Mechanical Services and Medical Gas Work) Bill 2020 - negatived, 18 June 2020

Notices of motion

Crimes (Domestic and Personal Violence) Amendment (Coercive and Controlling Behaviour) Bill 2020 - in Legislative Council, notice of motion, 17 June 2020

Gas Legislation Amendment (Medical Gas Systems) Bill 2020 - in Legislative Assembly, notice of motion, 16 June 2020

NSW Jobs First Bill 2020 - in Legislative Assembly, notice of motion, 17 June 2020

Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107 - consumer law, misleading or deceptive conduct

Bostock v Clayton County, Georgia, Supreme Court of the United States, Slip Opinion, No. 17–1618. Argued October 8, 2019—Decided June 15, 2020 - employers can't fire workers for being gay or transgender, "An employer who fires an individual merely for being gay or transgender violates Title VII."

JSTOR are providing free access to 100 articles per month until the end of the year. To use just register yourself here.

While public libraries in NSW are now allowed to reopen, the Bar Library will not be reopening as yet. We know that you have been missing the textbooks in particular and we appreciate your patience and forbearance. As you know, we have been trialling a 'Click, Collect and Return' service for textbook loans.

Please submit any loan requests using the click and collect button on the full catalogue record. See the 'How to' guide here. 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 11:00 am-1:00 pm. 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 we will not be able to provide recalled books at the speed of light as we will be working within current guidelines regarding quarantining and sanitising library materials and relying on the kindness of your colleagues in returning books currently on loan : "The current recommendation is that books be quarantined for 24 hours. Materials that are in a plastic case or covering should be wiped down with alcohol wipes, or with alcohol-based cleaners. Alternately, these materials can also be quarantined for 72 hours".

Regional members of the Bar, please email your requests and we will trial a DX or Express Post service for you.

If you have any queries regarding the new system please do not hesitate to contact us by email and remember, don’t hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

The Bar Librarians are currently working from home between 9am and 5pm Monday to Friday.