The Library Bulletin

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.

Acting in 'good faith' – what does it really mean? by Andrew Statham of Holding Redlich - examines the concept of 'good faith'

Australia considers over-the-counter CBD : a snapshot of the new proposal by Greg Bodulovic, Stephanie Wang and Alexandra Moore of DLA Piper - the Therapeutic Goods Administration is proposing to reclassify low dose cannabidiol (CBD) preparations from Prescription Only Medicine to Pharmacist Only Medicine

Don't be court out : the basics of court etiquette presented by The Hon T F Bathurst AC at the Toongabbie Legal Centre Seminar

The EPBC Act musical – a tale in two parts by Anna Vella and Aaron Beale of King and Wood Mallesons - considers the review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Law Report (ABC) for 12 May presented by Damien Carrick - Covid-19 public health rules and the police

Managing employees with mental disabilities – an important reminder for employers by Louise Rumble and Georgie Richardson of Holding Redlich - considers Batista v Wells Fargo International Finance (Australia) Pty Ltd (No.2) [2020] FCCA 829

Technology and the law - presented by Lord Hodge at the Dover House Lecture, London

Be cyber-safe, don't hibernate by Matthew McMillan, Rebecca Lindhout and Emily Stone of McCullough Robertson - considers cyber security

The History Listen (ABC) presented by Rebecca Huntley - Section 71 : High Court cases that changed Australia

Law Report (ABC) for 5 May presented by Damien Carrick - Prisoners, drug users, the homeless and Covid-19

The long road to Uluru : walking together – truth before justice by Megan Davis in Griffith Review - considers the Uluru Statement from the Heart

Owner's consent too onerous? by John Cole, Jane Hewitt, Philip Brown and Alex Epstein of HWL Ebsworth - considers Stokes v Waverley Council (No 2) [2019] NSWLEC 174

Reasonable doubt by Andrew Fraser of Armstrong Legal - examines reasonable doubt

Signing contracts electronically just got easier for companies by Helena Busljeta of King and Wood Mallesons - considers the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020

Court Enforcement v Marston [2020] EWCA Civ 588 - dispute between two enforcement officers with overlapping writs of control, considers writ of fieri facias (in use from medieval times until 2014) and cases dating from 1588

Douglas v Douglas [2020] NSWDC 169 - over $170K damages for car accident caused by sneeze

Finnegan v Washington [2020] FCA 601 - defamation, Slack

Goldberg v Voigt [2020] NSWDC 174 - defamation, Facebook

L N Management v J P Morgan Chase Bank, United States Court of Appeals for the Ninth Circuit, Case No. 18-15402 - can you sue a dead person? No

Ruscoe v Cryptopia Ltd (in Liquidation) [2020] NZHC 728 - cryptocurrencies, as digital assets, are a form of property that are capable of being held on trust

Law Council wants changes to secrecy laws invoked in Ben Roberts-Smith defamation case by Christopher Knaus on The Guardian

Sydney man wins $35,000 defamation payout over Rose Bay Facebook stoush by Jamie McKinnell on ABC News

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.

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.

LawNext podcast : How one tech-savvy judge jury-rigged an online court - host Bob Ambrogi talks to Judge Scott U Schlegel, chair of the Specialty Treatment Courts in Jefferson Parish, La.

Law Report (ABC) for 28 April presented by Damien Carrick - Australia's legal response to WW1 and the 1919 Spanish Flu

Moore v Scenic Tours Pty Ltd by Katy Barnett on Opinions on High High Court Blog - considers Moore v Scenic Tours Pty Ltd [2020] HCA 17

'One of the most controversial questions which the law of human rights can generate': Supreme Court alters approach to Article 3 in medical cases – an extended look by Jonathan Metzer on UK Human Rights Blog - considers AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17

Online courts and the future of justice - online book talk for Professor Richard Susskind's new book

Policing repeat domestic violence : would focused deterrence work in Australia? from the Australian Institute of Criminology Occasional Seminar Series

Principles governing extinguishment - there is still more to learn by Leonie Flynn of Ashurst - considers Roberts on behalf of the Widjabul Wia-Bal v Attorney-General of New South Wales [2019] FCA 1158 and Bell on behalf of the Wakka Wakka People #3 v State of Queensland [2019] FCA 2005

Should Paddy play? The potential liability of sporting clubs and their health professionals for concussion injury by David Guthrie, Sophie Pennington and Angus Rooney of HWL Ebsworth - considers liability of sporting clubs for concussion injuries

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 - considers Article 3 of the European Convention on Human Rights

Booth & Anor v R [2020] EWCA Crim 575 - "where the Supreme Court itself directs that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow what amounts to a direction from the Supreme Court even though it is strictly obiter. To that limited extent the ordinary rules of precedent (or stare decisis) have been modified. We emphasise that this limited modification is confined to cases in which all the judges in the appeal in question in the Supreme Court agree that to be the effect of the decision"

Bussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] HCA 18 - migration

Commonwealth of Australia v Helicopter Resources Pty Ltd & Ors [2020] HCA 16 - "accusatorial system of criminal justice"

Coughlan v The Queen [2020] HCA 15 - criminal law, arson

Defteros v Google LLC [2020] VSC 219 - Google is a publisher

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 - international law, legal assistance

Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426 - CEO personally liable for settlement payments due to his serious misconduct

Moore v Scenic Tours Pty Ltd [2020] HCA 17 - damages, consumer guarantees

R (Alfred McConnell) v The Registrar General for England and Wales and others [2020] EWCA Civ 559 - Gender Recognition Act, registration as mother

The Senate Standing Committee for the Scrutiny of Delegated Legislation has launched an inquiry into the exemption of delegated legislation from parliamentary oversight, see information here.

Submissions are welcomed, the closing date for submissions is 25 June 2020.

Open justice? Case closed by Joshua Rozenberg on The Critic

'Publisher' Google ordered to pay $40k in damages for defaming Melbourne lawyer after court ruling by Karen Percy on ABC News

Transgender man loses appeal court battle to be registered as father by Robert Booth on The Guardian

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.

All New South Wales residents are entitled to sign up for a State Library of New South Wales library card, see the registration page here.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.

One of the frustrating aspects of the current lock-down is the lack of access to textbooks. We have been working with the publishers to get access to textbooks in soft copy.

At the moment we have about one hundred textbooks available on Lexis Advance. Please check the library catalogue to see if the book you are after has a little red lock icon on the record. If it does, you can email the librarians and we can search and send the required information (copyright restrictions apply), or you can just email us and we will check for you.

Also remember that we have e-versions of CCH, Federation Press and Oxford University Press books through the Wheelers platform, the icon indicating those titles is a white page with a red e on.

Can you steal a peacock? Animals in early modern law by Krista J Kesselring on Legal History Miscellany - considers attitudes to animals in early modern laws

Full Federal Court affirms Bega’s title to Kraft peanut butter trade dress by Belinda Breakspear of McCullough Robertson - considers Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65

Law Report (ABC) for 21 April presented by Damien Carrick - High Court ruling exposes gaps in Australia's protections for public interest journalism. And is it still murder if the victim dies eight months after the assault?

William and Lonsdale Podcast : Lives in the law, Episode 1 : The Hon Marilyn Warren AC QC presented by Michael Green - conversation with the former Chief Justice of the Supreme Court of Victoria

The lawyer whose clients didn't exist by Francesca Mari on The Atlantic

NSW fire survivors take EPA to court in push to force action on climate change by Adriane Reardon and Jen Hunt on ABC South East NSW

The Ruby Princess coronavirus saga could lead to homicide charges. These cases offer insight into a key legal issue by Monique Ross and Damien Carrick for Law Report (ABC Radio National)

R v UD [2020] ACTSC 88 - challenge to the validity of legislation allowing the court to require criminal proceedings be heard by a judge rather than a jury

Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 507 - copyright, internet service providers, "whether injunction should be granted requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright"

The NSW Public Defenders Office has published COVID-19 resources for criminal lawyers, see here

The Judicial College of Victoria has published Coronavirus jurisprudence materials, see here

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.

See AustLII's links to Australian COVID-19 regulations and commentary, for each Australian jurisdiction here.

Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 - "where virtual trial proposed in circumstances of COVID-19 pandemic – where virtual trial submitted adversely to impact conduct, length and expense of trial"

Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 - consumer law, trade marks

Lee v Minister for Home Affairs [2020] FCA 487 - citizenship, "applicant born in Papua before grant of independence to Papua New Guinea"

Smethurst v Commissioner of Police [2020] HCA 14 - police, search warrants

Re Young [2020] HCA 13 - constitutional law, meaning of treaty

The State Insurance Regulatory Authority has just released updated Motor Accident Guidelines (dated April 2020), see here.

Bega Cheese wins legal stoush against US food giant Heinz over peanut butter labelling by Clint Jasper on ABC News

The court case Australians are not allowed to know about : how national security is being used to bully citizens by Richard Ackland on The Guardian

Judge smacks down copyright suit over Instagram embedding by Timothy B Lee on Ars Technica

Woman's attraction to chandeliers not a sexual orientation, ruling says by Jim Waterson on The Guardian

The fluctuating nature of a partnership interest : Commissioner of State Revenue v Rojoda Pty Ltd by Barry Diamond on Opinions on High High Court Blog - considers Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7

LawNext Episode 71 : Legal Futurist Richard Susskind on Coronavirus, Courts and the Legal Profession

Law Report (ABC) for 14 April presented by Damien Carrick - How will the $130 billion JobKeeper package work? And workers' compensation at home

Screen scraping : legal or not? by Lesley Sutton, Nikhil Shah and Alexander Ryan of Gilbert+Tobin - examines "screen scraping"

Technology and the law presented by Lord Hodge at the Dover House Lecture, London - considers "the demands for change that technology will make of our legal systems and the opportunities and challenges which that technology creates for the legal professions"

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.