The Library Bulletin

If you use Lexis Red on an iPad please ensure that you update to release 3.16 and are on iOS 13 or later.

Also, just a reminder, if you haven't yet registered for Lexis Red but would like to, please email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform. You'll get remote access to may Lexis commentaries.

For more information see our Lexis Red Guide.

Register for Whistleblowers, War Crimes and Press Freedom : David McBride on Trial, moderated by Professor Peter Greste with speakers Dan Oakes, Dr Rebecca Ananian-Welsh, Kieran Pender and Fiona McLeod AO SC.

Date and time: 6-7.15pm, Tuesday 14 September

See details here.

Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 - NSW bushfire survivors win legal battle ordering EPA to take action on climate crisis

Re McKinnon [2021] VSC 529 - meaning of sibling

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 - migration, whether jurisdictional error

Hale : I regret that brooch by Joshua Rozenberg on A Lawyer Writes

It's coming home : law gives neighbours right to retrieve lost ball in Belgium by Daniel Boffey on The Guardian

NSW bushfire survivors win legal battle ordering EPA to take action on climate crisis by Lisa Cox on The Guardian

Australia and Magnitsky legislation by Geoff Wade on FlagPost - considers the idea of pursuing Magnitsky-like legislation

Benchmarking the use of audiovisual link technologies in Australian criminal courts before the pandemic by Russell Smith, Rebecca Savage and Catherine Emami, Australian Institute of Criminology

Communist Party case : core themes and legacy by The Hon Justice Michelle Gordon AC - considers Australian Communist Party v Commonwealth (1951) 83 CLR 1

Diagnostic methods patentable in Australia by David Fixler, Rachelle Downie and Michael Afanassiev of Corrs Chambers Westgarth - considers Ariosa Diagnostics Inc v Sequenom Inc [2021] FCAFC 101

I dissent; But why? by The Hon Justice S C Derrington at the Dissent in Insurance Law webinar, Corporate and Financial Law Research Group, School of Law, University of Glasgow

Law Report (ABC) for 24 August presented by Damien Carrick - What future for Afghanistan after Taliban return?

The rise of automated decision-making in the administrative state : are Kerr's institutions still 'fit for purpose'? by Yee-Fui Ng on AusPubLaw - considers whether Australian administrative law is still fit for purpose

The rise of judicial self-governance in the new millenium by Tim Bunjevac in Melbourne University Law Review, Volume 44(3) (advance) - examines judicial self-governance

The Supreme Court of the United Kingdom - lessons from our first ten years by The Rt Hon The Baroness Hale of Richmond DBE PC FBA in The UK Supreme Court Handbook - examines the Supreme Court

The library will be closed to visitors until Monday the 4th of October. The librarians will be working from home between 9am to 5pm and will be contactable by email libref@nswbar.asn.au. No hard copy materials may be borrowed during this time. Any books currently on loan will not be due back until the premises reopen.

Proclamations commencing Acts

Real Property Amendment (Certificates of Title) Act 2021 No 10 (2021-476) — 11 October 2021 appointed as the day on which the uncommenced provisions of the Act commence, published LW 27 August 2021

The library will be closed to visitors until the end of September. The librarians will be working from home between 9am to 5pm and will be contactable by email libref@nswbar.asn.au. No hard copy materials may be borrowed during this time. Any books currently on loan will not be due back until the premises reopen.

Proclamations commencing Acts

Local Government Amendment (Governance and Planning) Act 2016 No 38 (2021-453) — 20 August 2021 as the day on which Schedule 1[34], [35], [40], [41], [75]–[77], [84] and [85] of the Act commence, published LW 20 August 2021

Geronimo the alpaca – the case for animals having the same legal rights as people by Fred Motson on The Conversation

Protesters claim to 'seize' Edinburgh Castle citing Magna Carta by Nadeem Badshah on The Guardian

Would you let a robot lawyer defend you? by Padraig Belton on BBC News

Register for JSI Seminar : Expertise for the End of History : The Rise of Comparative Constitutional Law in the 1990s with speaker Dr Dylan Lino.

Thu, 2 September 2021 6 to 7.30 pm AEST

See details here.

Barilaro v Shanks-Markovina (No 2) [2021] FCA 950 - constitutional law, parliamentary privilege, evidence

Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 141 - migration, procedural fairness, mandatory relevant considerations and 'legitimate expectations' in the context of s 501CA(4) of the Migration Act 1958 (Cth)

Challenges in the conduct of a 'succession' case across jurisdictional boundaries presented by Honourable Justice G Lindsay​ at the Law Society of NSW Specialist Accreditation Conference (Wills and Estates)

Communist Party case : core themes and legacy, presented by Justice Gordon AC at the Centre for Comparative Constitutional Studies Constitutional Law Conference

#FreeBritney has many of us wondering : do we have conservatorships in Australia? by Linda Steele and Cameron Stewart on The Conversation - considers conservatorships

The Harman undertaking : know your obligations and stay out of harm's way by Katrina Pagey and Deekshita Ardham of McCullough Robertson - considers the Harman undertaking

Law Report (ABC) for 17 August presented by Damian Carrick - Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews?

Rossato – High Court clears the air by John Tuck, Paul Burns, Brad Woodhouse, Jack De Flamingh and The Hon Graeme Watson of Corrs Chambers Westgarth - considers WorkPac Pty Ltd v Rossato [2021] HCA 23

Superimposing private duties on the exercise of public powers : Sharma v Minister for the Environment by Ellen Rock on AusPublaw - considers Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560

What is expected of a Licensee : the decision of Australian Securities and Investments Commission v RI Advice Group Pty Ltd (No 2) by Rebecca Jaffe and Alex Porz of HWL Ebsworth - considers Australian Securities and Investments Commission v RI Advice Group Pty Ltd (No 2) [2021] FCA 877

The library will be closed to visitors until the end of September. The librarians will be working from home between 9am to 5pm and will be contactable by email libref@nswbar.asn.au. No hard copy materials may be borrowed during this time. Any books currently on loan will not be due back until the premises reopen.

High Court rejects Biloela asylum seeker Tharnicaa Murugappan's bid for court to hear visa case by Elizabeth Byrne on ABC News

Irrigators lose Supreme Court appeal against NSW water theft charge by Michael Condon on ABC News

Register for the book event for Judicial Federalism in Australia : History, Theory, Doctrine and Practice by Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams, presented by the Judiciary Project at the Gilbert + Tobin Centre of Public law. The panel includes the authors and Professor Erin Delaney, The Hon. William Gummow AC, Brendan Lim and Professor Sarah Murray.

Fri, 8 October 2021, 12.00 – 1.30 pm AEDT

Details here.

Chetcuti v Commonwealth of Australia [2021] HCA 25 - constitutional law, citizenship, "alien"

Lewis v Lewis [2021] NSWCA 168 - a capable testator whose will is read out loud to him or her and who then executes it is NOT taken to have known and approved of it

Nettle v Cruse [2021] FCA 935 - defamation, aggravated damages awarded for four online publications amounting to a "sustained, far-reaching and virulent" attack

Peter James Harris and Jane Maree Harris v WaterNSW [2021] NSWCCA 184 - water theft

Rudd v Mareeba Shire Council [2021] QSC 200 - landlord and tenant, naps

Australian Federal Court makes trailblazing decision recognising AI systems as inventors by Kate Hay, David Fixler, Frances Wheelahan, Alex Dunlop and Suman Reddy of Corrs Chambers Westgarth - considers Thaler v Commissioner of Patents [2021] FCA 879

Can Australian employers make you get a COVID-19 vaccine? Mostly not — but here's when they can by Joo-Cheong Tham on The Conversation - considers mandating of vaccination

High Court fixes casual employment uncertainty by Mick Moy, Amber Sharp, Cameron Dean, Scarlet Reid, Tim Longwill and Lydia Daly of McCullough Robertson - considers WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23

International law and the practice of legality : stability and change presented by Professor Jutta Brunnée at University of Oxford

Law Report (ABC) for 10 August presented by Damien Carrick - Balancing individual and community rights in a pandemic

Nowhere to hide : the significance of national cabinet not being a cabinet by Anne Twomey on The Conversation - considers Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information) [2021] AATA 2719

A numbers game? Statistics in public law cases, presented by Lady Rose, ALBA Annual Lecture

​Persuasive criminal advocacy, presented by by the Honourable T F Bathurst AC, Chief Justice of NSW

Primum non nocere : what might the justice system learn from Hippocrates? presented by The Honourable Justice Peter Quinlan, Chief Justice of Western Australia to The Piddington Society

The rule of law 'by design'? by Monika Zalnieriute, Lyria Bennett Moses and George Williams in Tulane Law Review, Vol. 95(5), 2021, p 1063-1101 - "Can technology be deployed to promote, or even guarantee, the rule of law? Can the rule of law be designed into technological systems?"

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E3 British Post Office Scandal + AJL20 and ACCC v Google

Deputy Commissioner of Taxation v Shi [2021] HCA 22 - evidence, privilege against self-incrimination

Re Edwards (Te Whakatohea (No.2))[2021] NZHC 1025 - Māori claims to marine title

KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24 - migration

Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information) [2021] AATA 2719 - freedom of information

WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23 - industrial law, nature of casual employment

Bosses win in High Court rejection of backpay for casuals, Uber and Deliveroo could too by Rhiana Whitson on ABC News

Rabbi Marcus Solomon becomes first orthodox rabbi named Supreme Court judge in Australia by Keane Bourke on ABC News

The release of the Mountbatten archives is a win, but the fight to access royal records continues by Jenny Hocking on The Conversation

Rex Patrick wins FoI case to release national cabinet records by Katharine Murphy on The Guardian

The library will be closed to visitors until Friday 27th August. The librarians will be working from home between 9am to 5pm and will be contactable by email libref@nswbar.asn.au. No hard copy materials may be borrowed during this time. Any books currently on loan will not be due back until the premises reopen.

ITLOS Advisory Opinion on Climate Change and Oceans : possibilities and benefits by Carlos Antonio Cruz Carillo on OpinioJuris - considers law of the sea and climate change

Law Report (ABC) for 3 August presented by Damian Carrick - WA Parliament debates new child protection laws

Menzies Cyber Law Series #2 : The beginning and end of truth from Australian National University College of Law, with the panel The Hon Justice Monika Schmidt AM, Jonathan Harley, Dr Mark Staples and moderator Associate Professor Pip Ryan - explores the nature of truth and the role it plays in different contexts

Overcoming Graham : the s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions by Isolde Daniell on AusPubLaw - considers Graham v Minister for Immigration and Border Protection; Te Puia v Minister for Immigration and Border Protection [2017] HCA 33

Protecting business interests in a post-employment context : lessons from Liberty Financial Pty Ltd v Jugovic by Kate Hay, Paul Burns and Breen Creighton of Corrs Chambers Westgarth - considers Liberty Financial Pty Ltd v Jugovic [2021] FCA 607

The rule of law and the Constitution – a short overview presented by Justice A S Bell at the 2021 CCCS Constitutional Law Conference

The Wigs, S 3 E 2 Extra Material : An interview with Rawan Arraf on international justice in Australia - as part of the solo Wig interview series Felicity Graham sat down with special guest Rawan Arraf of the Australian Centre for International Justice