The Library Bulletin

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues by Jaime McKenzie of Allens - considers Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107

Enforcing foreign judgments in Australia and Australian judgments in foreign jurisdictions by Tim Case, John Kettle, Erika Williams and Jennie-Lee Schloffer of McCullough Robertson - considers enforcement of foreign judgments

Law in action for 16 June presented by Joshua Rozenberg - Reinventing the law

Law Report (ABC) for 16 June presented by Damien Carrick - Retired Magistrate David Heilpern critical of NSW drug driving laws

Magna Carta (BBC Radio 4) - episodes on The Road to Magna Carta, Runnymede, 1215, The aftermath of Runnymede and The legacy of Magna Carta

The Wigs, Season 2, Episode 1 - The Black Lives Matter protest case

The Parliament of NSW has established an inquiry into First Nations deaths in custody, see the inquiry page - Select Committee on First Nations people in custody in New South Wales

A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) - "If the resolution of the academic issue helps to protect even one such child in peril, then that surely is a good reason in the public interest to hear it." (Mostyn J)

Hanna v R [2020] NSWCCA 125 - the Local Court's jurisdictional limit limits the post-discount sentence, not the pre-discount sentence

Herron v HarperCollins Publishers Australia Pty Ltd [2020] FCA 805 - "documents produced under compulsion at Royal Commission – whether documents protected under ss 118 and 119 of the Evidence Act 1995 (Cth) – whether documents were created for dominant purpose of provision of legal advice"

Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 - employer can be held responsible for family violence when staff work from home

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.

Proclamations commencing Acts

Transport Administration Amendment (Transport Entities) Act 2017 No 12 - 1 July 2020 appointed as the day on which the uncommenced provisions of the Act commence. Published on legislation website 12 June 2020

Bills assented to

Work Health and Safety Amendment (Review) Act 2020 No 10 — assented to 10 June 2020

Design and Building Practitioners Act 2020 No 7 — assented to 10 June 2020

Evidence Amendment (Tendency and Coincidence) Act 2020 No 8 — assented to 10 June 2020

Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9 — assented to 10 June 2020

Dating – the language of the law by Michael G J Upton on Scottish Legal News - considers legal language

Henry Parkes had a vision of a new Australian nation. In 1901, it became a reality by David Lee on The Conversation - a look at Henry Parkes

Jenny Hocking : why my battle for access to the 'Palace letters' should matter to all Australians by Jenny Hocking on The Conversation - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

Law in Action (BBC) for 9 June presented by Joshua Rozenberg - Gambling with the law

Law Report (ABC) for 9 June presented by Damien Carrick - George Floyd killer charged with 2nd degree murder. Australian Black Lives Matter protests. And the case of the Hitler meme

Lawyers' uses of history, from Entick v Carrington to Smethurst v Commissioner of Police by Justice Mark Leeming, 2020 Forbes Lecture

Palace letters are Commonwealth records : a victory for democratic transparency by Maria Nawaz on Australian Public Law - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

How one woman got the Merriam-Webster dictionary to change the definition of racism on SBS News

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 restrictions are beginning to ease, we are pleased to advise that from 9 June 2020 the Bar Library will be trialling a 'Click, Collect and Return' service for textbook loans.

We hope that this service will enable us to fulfil your requests for hard copy textbooks without significantly increasing health risks to library users and staff.

The Click, Collect and Return Service will operate on Mondays and Thursdays 11:00 am-1:00 pm. Please see the how to guide here.

The books will be available for you to collect from a trolley outside the library on the sub-basement level of Selborne Chambers. There will also be a returns trolley available. The library will not be open; it will only be possible to collect and return books at these times.

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 please do not hesitate to contact us by email at libref@nswbar.asn.au or libloans@nswbar.asn.au 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.

In progress

Better Regulation Legislation Amendment Bill 2020 - in Legislative Council, awaiting minister's second reading Speech, 2 June 2020

Building Amendment (Mechanical Services and Medical Gas Work) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Constitution Amendment (Water Accountability and Transparency) Bill 2020 - in Legislative Assembly, second reading speech, debate in progress, 3 June 2020

Crimes Amendment (Special Care Offences) Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Law Enforcement Conduct Commission Amendment Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 4 June 2020

Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Personal Injury Commission Bill 2020 - in Legislative Assembly, second reading debate, debate adjourned 5 calendar days, 3 June 2020

Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Transport Administration Amendment (International Students Travel Concessions) Bill 2020 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 4 June 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Water Management Amendment (Water Allocations—Drought Information) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 3 June 2020

Negatived

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - negatived, 4 June 2020

Awaiting assent

Design and Building Practitioners Bill 2019 - awaiting assent, 3 June 2020

Evidence Amendment (Tendency and Coincidence) Bill 2020 - awaiting assent, 3 June 2020

Residential Apartment Buildings (Compliance and Enforcement Powers) Bill 2020 - awaiting assent, 4 June 2020

Work Health and Safety Amendment (Review) Bill 2020 - awaiting assent, 4 June 2020

Does the races power still have a place in the Australian constitution? by Jane Lee for The History Listen (ABC Radio National)

Fairfax Media, Nationwide News and Sky News lose key appeal in Dylan Voller defamation case by Jamie McKinnell on ABC News

Federal Court rules in favour of live exporters in landmark class action against Commonwealth Government by Lucy Barbour and Clint Jasper on ABC News

NSW Government introduces bill to change verdict in court cases where defendant is found to be mentally ill by Lily Mayers on ABC News

What is the Insurrection Act that Trump is threatening to invoke? by Domenico Montanaro of NPR

Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716 - unfair contract terms

Binsaris v Northern Territory of Australia; Webster v Northern Territory of Australia; O'Shea v Northern Territory of Australia; Austral v Northern Territory of Australia [2020] HCA 22 - battery

Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 - administrative law, banning of live exports

Capilano Honey Ltd v Dowling [2020] NSWSC 660 - "There is an obvious security issue to my mind about there being images, and extended video recordings, of the appearance of judicial officers, even in wig and gown. I think to some degree there is also some issue pertaining to that with regard to counsel, and also, unquestionably, with regard to court staff".

Cumberland v The Queen [2020] HCA 21 - crown appeal against sentence for commercial dealing in cannabis plant material and MDMA, "manifest inadequacy"

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 - defamation, appeal against finding that media outlets are publishers of third party comments on public Facebook pages dismissed

WaterNSW v Harris (No 3) [2020] NSWLEC 18 - unauthorised taking of water

Conviction for water take offences – Water NSW v Harris by Kate Swain, Sarah Hausler and Patrick O'Brien of McCullough Robertson - considers WaterNSW v Harris (No 3) [2020] NSWLEC 18

Federal Court declares terms in standard form loan contracts to be unfair by Sophie Bogard and Andrew Hii of Gilbert + Tobin - considers Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716

High Court ruling on 'Palace letters' case paves way to learn more about The Dismissal - and our Constitution by Anne Twomey on The Conversation - considers Hocking v Director-General of the National Archives of Australia [2020] HCA 19

Important changes to the EP&A Act – lapsing consents, appeal periods and existing uses by Joshua Same and Hayley Tam of Maddocks - considers amendments to the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000

Law in Action (BBC) for 2 June presented by Joshua Rozenberg - Justice in lockdown

Law Report (ABC) for 2 June presented by Damien Carrick - In a legal first, a car driver evading police is jailed for murder. And is the Races Power in our Constitution an anachronism?

Reimagining the Law from British Institute of International and Comparative Law - each day commentators are asked about reimagining the law and five new ideas are posted, 1 June includes Freedom of expression by The Rt Hon Lord Neuberger of Abbotsbury, Global platform for online court hearings by Professor Richard Susskind OBE, ADR and mediation by Andrea Coomber, Breathing space by Lord Phillips of Worth Matravers KG PC, Teach law in schools by Joshua Rozenberg QC and Brand management of the law by Dame Elizabeth Gloster

Dring v Telstra Corporation Limited [2020] FCA 699 - workers' compensation, injury after non work-related socialising

Hocking v Director-General of the National Archives of Australia [2020] HCA 19 - administrative law, archives, access to records, release of papers on Whitlam dismissal

Pickett v The State of Western Australia; Mead v The State of Western Australia; Mead v The State of Western Australia; Anthony v The State of Western Australia; TSM (a child) v The State of Western Australia [2020] HCA 20 - criminal law, assault

Pyliotis, Katia v The Queen; Director of Public Prosecutions [DPP] v Pyliotis, Katia [2020] VSCA 134 - criminal law, "whether judge's comments on facts occasioned substantial miscarriage of justice"

Grandmother must delete Facebook pictures posted online without permission, court rules by Rose Roobeek and Rob Picheta on CNN

The inking person's judge by Richard Ackland in The Saturday Paper

Victorian police officer pleads guilty to trying to scam properties from their owners by Karen Percy on ABC News

UK Supreme Court colouring book - "These are Supreme Court thematic colouring pages, aimed at children as a 'stay at home' fun activity during the coronavirus (COVID-19) pandemic".

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

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

Law in Action (BBC) from 26 May presented by Joshua Rozenberg - Deferred Prosecution Agreements : pragmatic but unprincipled?

Law Report (ABC) for 26 May presented by Damien Carrick - Two coronial inquests make findings about unconscious racism

Law Talking from Greenway Chambers - Episode 1 - Frank Hicks, Ian Roberts and Declan Byrne discuss three recent decisions

Panic stations? Responding to investigative notices in the wake of Smethurst v Commissioner of Police by Shaun Temby and Natalie Wendon of Maddocks - considers Smethurst v Commissioner of Police [2020] HCA 14

Raising the Bar Episode 15, 18 May 2020 from Gray's Inn - Professor Mark Engelman talks about his route to the Bar

A "reprehensible" response to reinstate an employee and restore lost pay by Jackie Hamilton of Holding Redlich - considers Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks [2020] FWC 1067

Schemes of arrangement : flexibility of the court to make order after the second court approval hearing to revive a Terminated Conditional Scheme by Amelia Kelly and Mabel Wong of DLA Piper - considers In the matter of Wollongong Coal Limited and In the matter of Jindal Steel & Power (Australia) Pty Ltd [2020] NSWSC 614

William and Lonsdale Podcast, Episode 4 - Daniel Ajak

Emrys Nekvapil, Maya Narayan and Stephanie Brenker have written a book called ​COVID-19 and the law of Australia, it provides guidance on the laws made in response to the COVID-19 pandemic.

Apple's €1.1B French competition law fine and what it means for selective distribution in Australia by Hannah Marshall and Danielle Kroon of Marque Lawyers - considers selective distribution systems

Don't let the litigation clock stop : the Limitation Act and Best v Rosamond [2020] NSWCA 90 by Peter Ford of McCabe Curwood - considers Best v Rosamond [2020] NSWCA 90

Law Report (ABC) for 19 May presented by Damien Carrick - Covid-19 emergency responses for witnessing wills and redundancy payouts. And a win for traumatised US Facebook content moderators

The ownership of swans in English history : does the Queen own all the swans? by Katy Barnett on Legal History Miscellany - considers ownership of swans in England

Sir Edward Coke - Selden Society lecture series Australia

Federal government appeals court ruling recognising man born in pre-independence PNG as Australian by Stefan Armbruster on SBS News

Bao v Qu; Tian (No 2) [2020] NSWSC 588 - considers recognition and enforcement of Chinese judgments in Australia

Henri Eparaima v Industrial Relations Secretary, on behalf of the Department of Communities and Justice (Corrective Services) [2020] NSWIRComm 1038 - confirmation of termination of employment of a Senior Correctional Services Officer who assaulted a detainee after being spat at

Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Remote Video Conferencing) [2020] FCA 664 - open justice

R v Kirkpatrick 2020 BCCA 136 - consent

WorkPac Pty Ltd v Rossato [2020] FCAFC 84 - casuals entitled to sick leave

ZXC v Bloomberg LP [2020] EWCA Civ 611 - an individual who is being investigated by a law enforcement body has a reasonable expectation of privacy in the fact and details of such an investigation

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

For assistance please email libref@nswbar.asn.au or libloans@nswbar.asn.au and we will respond as soon as possible.

Any books that are currently on loan will not be due back until the library reopens.

Acts proclaimed

Education Amendment (School Safety) Act 2017 No 58 - 14 May 2020 appointed as the day on which the Act commences

In progress

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, second reading, debate adjourned 5 calendar days, 13 May 2020

Notice of motion

Environmental Planning and Assessment Amendment (Koala Habitat) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Environmental Planning and Assessment Amendment (Waste Incinerator) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Water Management Amendment (Drought of Record) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Water Management Amendment (Transparency of Water Rights) Bill 2020 - in Legislative Council, notice of motion, 12 May 2020

Assented

COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Bill 2020 - assented on 14 May 2020 - Act No 4 of 2020

COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Bill 2020 - assented on 14 May 2020 - Act No 5 of 2020

COVID-19 Legislation Amendment (Emergency Measures—Treasurer) Bill 2020 - assented on 14 May 2020 - Act No 6 of 2020

Lapsed

Environmental Planning and Assessment Amendment (Energy from Waste Development Moratorium) Bill - lapsed in accordance with Standing Orders, 17 April 2020

Right to Farm (Farming Families Protection) Bill 2019 - lapsed in accordance with Standing Orders, 24 April 2020

Water Management Amendment (Water Rights Transparency) Bill 2020 - lapsed in accordance with Standing Orders, 23 April 2020

Facebook to pay moderators $80 million for psychological damages on ABC News

Legal bodies concerned by Peter Dutton bill allowing Australian spies to question 14-year-olds on SBS News

Why Frodo Baggins made an appearance at the Supreme Court by Jamie Ehrlich on CNN

Gunnarsson-Wiener v Iles [2020] TASFC 1 - goats, laughter and allegation of bias

R v Adams [2020] UKSC 19 - has the Supreme Court rewritten the Carltona doctrine?