The Library Bulletin

Proclamations commencing Acts

Children's Guardian Amendment (Child Safe Scheme) Act 2021 No 30 (2021-753) — published LW 17 December 2021

Energy Legislation Amendment Act 2021 No 34 (2021-752) — published LW 15 December 2021

How we can use the law to make the fashion industry fairer to women and the earth by Mark Liu and Ramona Vijeyarasa on The Conversation

'Jealous man provocation' : the fresh Australian bid to end legal defence used by men who kill their partners by Nino Bucci in The Guardian

Our research shows public support for a First Nations Voice is not only high, it's deeply entrenched by Ron Levy and Ian McAllister on The Conversation

The pandemic pushed these Amazon and Starbucks workers to the brink. Now, they are forming unions and pushing back by Joanna Robin on ABC News

Voices of religious Australians prioritised in 'deeply problematic' discrimination bill, experts warn by Paul Karp in The Guardian

Arsalan v Rixon [2021] HCA 40 - negligence, damage to chattels

Bell v Tasmania [2021] HCA 42 - criminal law, meaning of "innocent"

Dariusz Koper v Zurich Insurance PLC [2021] NSWSC 1587 - insurance

Deputy Commissioner of Taxation v Huang [2021] HCA 43 - freezing orders

Kaitey, R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 1875 - "The modern approach to statutory interpretation is to have regard to the purpose of a particular provision and to interpret its language, so far as possible, in the way which best gives effect to that purpose."

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 - cancellation of visa

Orreal v The Queen [2021] HCA 44 - criminal law

Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd [2021] HCA 39 - competition law

Taylor v Taylor [2021] VSCA 352 - father sues son for evicting him

Veira v Cook [2021] NSWCA 302 - crime, "where applicant convicted of unlawfully entering inclosed lands and interfering with business – where conduct done to remove chickens from cruel conditions – whether defence of necessity available"

A fundamental change to interpreting development approvals? by Troy Webb and Patrick O'Brien of McCullough Robertson - considers Sunland Group Ltd v Gold Coast City Council [2021] HCA 35

Design and Building Practitioners Act 2020 (NSW) : can disputes alleging breach of duty be settled? by Alex Ottaway of HWL Ebsworth - considers the Design and Building Practitioners Act 2020 (NSW)

Hard cases make bad law? A theoretical investigation by Sepehr Shahshahani in Journal of Legal Studies (Forthcoming) - probes the aphorism that “hard cases make bad law.”

How to effectively use legal dictionaries by Bryan A. Garner in ABA Journal - considers effective use of legal dictionaries

The inflation of concepts by John Tasioulas on AEON - "Human rights, health, the rule of law – why are these concepts inflated to the status of totalising, secular religions?"

An intangible way forward : the Juukan Gorge Inquiry and the future of first nations heritage law in Australia by Lucas Lixinski on Aus Pub Law - considers the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia

Law Report (ABC) for 14 December presented by Damian Carrick - US trademark dispute threatens ugg boot business, and deportation fears for returned prison escapee

The minefield of moderating comments : High Court decision has major implications for publications on social media by Foez Dewan of McCabes - considers Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2021] HCA 27

Modern slavery : guidance for Australian courts from Judicial College of Victoria

The brilliant boy : Doc Evatt and the great Australian dissent / Gideon Haigh

Judicial federalism in Australia : history, theory, doctrine and practice / Gabrielle Appleby, Anna Olijnyk, James Stellios and John Williams

Strata law in New South Wales / Elisabeth Peden and Wayne Muddle

The library will be closed from Friday 17th December 2021 at 12pm to 7th January 2022.

The library will re-open on 10th January 2022 and be open from 10am to 4pm until the last Friday in January (28th).

From Monday 31st January 2022, the library will open from 8.30am to 5.30pm Monday to Friday.

Happy Christmas and New Year.

The library will be closed from Friday 17th December 2021 at 12pm to 7th January 2022.

The library will re-open on 10th January 2022 and be open from 10am to 4pm until the last Friday in January (28th).

From Monday 31st January 2022, the library will open from 8.30am to 5.30pm Monday to Friday.

Happy Christmas and New Year.

Cambridge law journal, Vol 80, Supplement, 1921-2021 Centenary issue - in this issue : The past, present and future of the Cambridge Law Journal Lionel Bently / Tort law and the moral law: Anglo-French divergences John Bell / Novus actus and beyond : attributing causal responsibility in the criminal courts Antje Du Bois-Pedain / The Renaissance of English legal history David J. Ibbetson / Between chaos and cosmos : Tony Weir in the Cambridge Law Journal Nicholas J. McBride / The "English school" of international law : soundings via the 1972 Jubilee essays Surabhi Ranganathan / Fiduciaries then and now Sarah Worthington / Stuck at a crossroad? Substantive legitimate expectations in English law Alison L. Young

University of New South Wales law journal, Vol 44(4), 2021 - in this issue : In the public interest : protections and risks in whistleblowing to the media Rebecca Ananian-Welsh, Rose Cronin and Peter Greste / Still lagging behind : diagnosing judicial approaches to 'bodily injury' claims for psychiatric injury under the Montreal Convention of 1999 John-Patrick Asimakis / The 'entrepreneurship approach' to determining employment status : a normative and practical critique Pauline Bomball / Algorithmic collusion and Australian Competition law : trouble ahead for the national electricity market? Jeremy D. Chan / Investing for a safe climate? Anita Foerster, Kym Sheehan and Daniel Parris / Perilous fires, pandemics and price gouging : the need to protect consumers from unfair pricing practices during times of crisis Mark Giancaspro / To boldly go, part II : data as the CISG's next (but probably not final) frontier Benjamin Hayward / Blurred lines or stark contrasts : are by-laws to restrict short-term holiday letting permissible in Queensland community titles schemes? Melissa Pocock / Religion and the Constitution : a response to Luke Beck's Safeguard against religious intolerance theory of section 116 Benjamin B. Saunders and Alex Deagon / The efficacy, equity and externalities of Australia's COVIDSafe App as a policy intervention during the COVID-19 pandemic : was it sunscreen or tanning lotion? John Selby / Learning from lived experience : Australia's legal response to forced marriage Frances Simmons and Grace Wong / Comparative and critical analysis of key eligibility criteria for voluntary assisted dying under five legal frameworks Ben P. White, Eliana Close, Lindy Willmott, Katrine Del Villar, Jocelyn Downie, James Cameron, Janye Hewitt, Rebecca Meehan and Laura Ley Greaves / Growing enlightenment : sentencing offenders with autism spectrum disorder in Australia Gabrielle Wolf / Native title as displaced mediator Stephen Young

Case No. 1149-19-JP / 21: Review of the Judgment of Protection Action Los Cedros Protective Forest (Google Translate at top right) - mining in Ecuadorean forest would violate rights of nature

Huynh v Attorney General (NSW) [2021] NSWCA 297 - "the power conferred by s 79 of the Crimes (Appeal and Review) Act 2001 (NSW)... is not available with respect to a conviction or sentence for an offence against a law of the Commonwealth heard and determined in a New South Wales court"

Paula Susan Chappell as executor of the estate of Robert Hastings Hitchcock v Goldspan Investments Pty Ltd [2021] WASCA 205 - although the word "person" in the ACL doesn't include a person's executor, s 79 of the Judiciary Act allows an executor to continue pending proceedings to judgment

Milligan (No 2) [2021] TASSC 60 - what is a gun?, whether a "gel blaster" that looks like an M4 rifle could be permitted under a firearms license

R v Maudsley [2021] QCA 268 - traces the history of the common law and statutory "misconduct in office" offence and finds that someone can only be guilty if they would not have done the act were it not for their improper purpose

Barrister Tony McAvoy SC sworn in as the Northern Territory's Acting Treaty Commissioner by Matt Garrick on ABC News

Fall on walk from bed to desk is workplace accident, German court rules by Oliver Holmes on The Guardian

Plans to mine Ecuador forest violate rights of nature, court rules by Patrick Greenfield on The Guardian

Privacy and the press by Joshua Rosenberg on A Lawyer Writes

An application for judicial advice : text, context and functional purpose by The Honourable Justice G Lindsay​ at The Blue Mountains Law Society Succession Law Conference

The Australia's Foreign Relations Act and the international dealings of state and territory governments by Georgie Clough on Aus Pub Law - considers the Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth)

Can you challenge an improvement notice? by Michael Selinger and Declan Johnston of Holding Redlich - considers Lipman Pty Ltd v SafeWork NSW [2021] NSWIRComm 1088

Can you stand behind your warranty? by Teresa Torcasio, Ruth Trevenen-Williams and Julia Townley of HWL Ebsworth - considers Australian Competition and Consumer Commission v AA Machinery Pty Ltd [2021] FCA 1293

The case for constitutional monarchies on Conversations with Richard Fidler - interview with Dennis Altman

The diplomatic dimension : Australia and the Nuclear Tests case by Richard Rowe in Melbourne journal of international law, Vol 21(3) (2021) - considers the Nuclear Tests case

Judges and academics, and the endless road to unattainable perfection by Lord Burrows, The Lionel Cohen Lecture 2021

Law Report (ABC) for 7 December presented by Damian Carrick - Sue Neill-Fraser loses appeal against murder conviction

The legislative recipe : syntax for machine-readable legislation by Megan Ma and Bryan Wilson in Northwestern journal of technology and intellectual property, Vol 19(3), 107 (2021) - considers machine-readable legislation

Statutory interpretation : a collaboration between democratic legislatures and the courts? by Lord Hodge, Address to the Government Legal Service for Scotland 10 November 2021

What is the point of commercial law? by Lord Legatt at The Fourth Jonathan Hirst Commercial Law Lecture

21st Century legal practice : international and domestic by the Honourable T F Bathurst AC as part of the Chief Justices Past and Present Dispute Resolution Lecture Series

Australia's engagement with the International Court of Justice : practical and political factors by Bill Campbell in Melbourne journal of international law, Vol 21(3), 2021 - "describes both the political decisions behind, and the practical organisation of, Australia's encounters with the ICJ, focusing on the Whaling in the Antarctic case"

Beware the automatic renewal clause : unfair contract terms examined by Teresa Torcasio and Zoe Vise of HWL Ebsworth - considers unfair contract terms

Can Clive Palmer use investor-state dispute settlement to get what the High Court wouldn't give him? by Jonathan Bonnitcha on Aus Pub Law - considers Mineralogy Pty Ltd v State of Western Australia [2021] HCA 30

The duty of medical assessors and review panels to ensure procedural fairness by Andrew Gorman of McCabes - considers Chahrouk v Allianz Australia Insurance Limited [2021] NSWSC 1457

Equal to everything - Baroness Hale, former President of the Supreme Court and Honorary Fellow of Mansfield College, Oxford discusses her life and legal career with Helen Mountfield QC, Principal of Mansfield

Government by diktat? by Joshua Rozenberg on A Lawyer Writes - considers Government by Diktat : a call to return power to Parliament is the report of the secondary legislation scrutiny committee and Democracy denied? The urgent need to rebalance power between Parliament and the Executive

The High Court's defence of academic freedom in Ridd v JCU by Joshua Forrest and Adrienne Stone on Aus Pub Law - considers Ridd v James Cook University [2021] HCA 32

Law Report (ABC) for 30 November presented by Damian Carrick - Could AI help make the law more accessible for disabled people?

Manner and form mysteries highlighted but unresolved in Mineralogy v WA by Anne Twomey on Aus Pub Law - considers Mineralogy Pty Ltd v State of Western Australia [2021] HCA 30

A platypus in NSW succession law : statutory wills in a managed society by Justice Geoff Lindsay at a STEP Australia (NSW Branch) seminar

The robed Tweeter : two judges' views on public engagement by Stephen Louis A Dillard (Court of Appeals of the State of Georgia) and Bridget Mary McCormack (Michigan Supreme Court) in Journal of appellate practice and process, Vol 20(2) - views on judges engaging the public via social-media platforms

S3 E7 : Should academics be censured? / Challenging the NSW vaccination requirements / Requesting a matter be heard by a female magistrate on The Wigs podcast with Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns

Historic 'Magnitsky' sanctions bill that could 'ruin' hackers, rights abusers likely to pass in Australia by James Glenday on ABC News

Lawyers turn to romcoms in fight for rule of law in Poland by Jennifer Rankin in The Guardian

Productivity Commission wants software updates included in Australian Consumer Law by Aimee Chanthadavong on ZDNet

Social media companies could be forced to give out names and contact details, under new anti-troll laws by Tom Lowrey on ABC News

Tennessee declines to act on first complaint under new law banning critical race theory by Gloria Oladipo on The Guardian

Tony's law? Why not give laws names that mean something? by Joshua Rozenberg on A Lawyer Writes

Who decides when parliament sits and what happens if it doesn't? by Anne Twomey on The Convertsation

Bills assented to

Crimes Legislation Amendment (Loss of Foetus) Act 2021 No 36 — assented to 29 November 2021

Customer Service Legislation Amendment Act 2021 No 32 — assented to 29 November 2021

Electoral Amendment (COVID-19) Act 2021 No 42 — assented to 29 November 2021

Electronic Transactions Amendment (Remote Witnessing) Act 2021 No 33 — assented to 29 November 2021

Energy Legislation Amendment Act 2021 No 34 — assented to 29 November 2021

Gaming Machine Tax Amendment (Promotional Prizes) Act 2021 No 37 — assented to 29 November 2021

Law Enforcement Conduct Commission Amendment Act 2021 No 40 — assented to 29 November 2021

Modern Slavery Amendment Act 2021 No 39 — assented to 29 November 2021

Plastic Reduction and Circular Economy Act 2021 No 31 — assented to 29 November 2021

Public Spaces (Unattended Property) Act 2021 No 38 — assented to 29 November 2021

Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Act 2021 No 35 — assented to 29 November 2021

Teacher Accreditation Amendment Act 2021 No 41 — assented to 29 November 2021

Bonanno v Finamore [2021] NSWSC 1558 - "clogs on equity of redemption"

ENT19 v Minister for Home Affairs [2021] FCAFC 217 - migration, "national interest", people smuggling

Herculito Maritime Ltd & Ors v Gunvor International BV & Ors "POLAR" [2021] EWCA Civ 1828 - can shipowner recover ransom from cargo owners under the bill of lading

Have your say on the Financial Services Legislation : Interim Report A (ALRC Report 137).

Submissions are invited until 25 February 2022.

See details here.

View Set the Standard : Report on the Independent Review into Commonwealth Parliamentary Workplaces (2021) from the Australian Human Rights Commission and read the speech that Kate Jenkins, Sex Discrimination Commissioner delivered on the report here.

Alternative law journal, Vol 46(3), 2021 - in this issue :
Indigenous justice demands law reform George Williams / Australia and pandemics v BLM: No, Love Lost (at the High Court) Part I Asmi Wood / 30th Anniversary of the RCIADIC and the ‘white noise’ of the justice system is loud and clear Eddie Cubillo / Constitutionally entrenched Voice to Parliament : representation and good governance Dani Larkin and Kate Galloway / Designing an Indigenous Voice that empowers : how constitutional recognition could strengthen First Nations sovereignty Jason O'Neil / State and territory legislative vulnerabilities and why an Indigenous Voice must be constitutionally enshrined Dani Larkin and Sophie Rigney / Improving Indigenous family engagement with the coronial system in New South Wales Lindsay McCabe and Allen George / Prison art programs : art, culture and human rights for Indigenous prisoners Brigid Horneman-Wren / The Voice to Parliament proposal and 'the people' of the Constitution Elisa Arcioni / A novel year for human rights in Queensland Sean Costello / Indigenous corporations: Lessons from Māori business forms Akshaya Kamalnath / Frameworks for evaluating law and justice development assistance: Lessons from Australia's involvement in PNG Adrian Guy

Civil justice quarterly, Vol 40(4), 2021 - in this issue : High Court Masters and the Upper Tribunal : Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 Kwan Ho Lau / The garnishment of monies in joint bank accounts : Timing Ltd v Tay Toh Hin [2020] SGHC 169; and Timing Ltd v Tay Toh Hin [2021] SGHC 5 Leon Vincent Chan / The London Fire Court, ADR, and the contemporary civil court process Masood Ahmed / Cooperativism in the American adversarial tradition Scott Dodson / The Malaysian Public Authorities Protection Act: the delimitation of a limitation period Choong Yeow Choy

Public law, October 2021 - in this issue : Statues, statute and freedom of expression Ivan Hare QC / Accountability, populism and expertise : the UK Government's response to COVID-19 Raphaël Girard / Administrative justice and street-level emotions: cultures of denial in entitlement decision-making Simon Halliday / Litigating Irish language rights in the United Kingdom Timothy Jacob-Owens / "Common-good constitutionalism" and the new battle over constitutional interpretation in the United States Conor Casey