The Library Bulletin

Attorneys-General welcome written submissions in response to The Review of Model Defamation Provisions – Stage 2 Discussion Paper, see details here. The deadline for submissions is 19 May 2021.

Chow v Chang [2021] VMC 1 - gifting of dogs in relationships, "at the centre of this dispute is a white male Pomeranian dog named Kobe ('the Dog')"

DQU16 & Ors v Minister for Home Affairs & Anor [2021] HCA 10 - immigration, protection visas

EJS Developments Pty Ltd v Dunmore Street Pty Ltd [2021] NSWSC 351 - caveats

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB) - see Online gambler wins court case to claim £1.7m prize after Betfred refused to pay

Kime v Vicinity Centres PM Pty Ltd & Anor [2021] NSWDC 113 - negligence, occupier's liability, "trip and fall on a kinked wet weather mat"

Victoria International Container Terminal Limited v Lunt & Ors [2021] HCA 11 - abuse of process

Wood v Commercial First Business Ltd & Ors [2021] EWCA Civ 471 - on the remedies available to principals in respect of transactions entered into on their behalf by agents who received half-secret commissions

Woodhouse v Fitzgerald [2021] NSWCA 54 - torts, negligence, duty of care, "scope of duty of landowner to neighbouring landowner for fire"

Achieving gender parity in the justice sector by Justice Susan Glazebrook, Supreme Court of New Zealand at the 65th Session of the Commission on the Status of Women

Battling the rising tide of online hate by Rebecca Dune and Peter Waters of Gilbert + Tobin - considers the Alan Turing Institute's recently released report on online hate (the report is here)

Challenges to the rule of law in modern society by The Hon T F Bathurst AC at the District Court of New South Wales Annual Conference 2021

How international is the International Court of Justice? presented by James T Gathii at University of Oxford - examines the International Court of Justice

Joint Standing Committee on Electoral Matters, 29 March 2021, Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 - Professor Anne Twomey's evidence, to a committee of the Commonwealth Parliament, on constitutional aspects of regulating foreign donations to election campaigns

Law Report (ABC) for 6 April presented by Damien Carrick - Full decriminalisation of sex work on the cards in Victoria

A roadmap for respect : preventing and addressing sexual harassment in Australian workplaces - from Australian Government, responding to all 55 of the Australian Human Rights Commission’s recommendations outlined in the Respect@Work report

Update on corporations law by Justice Ashley Black at the New South Wales Bar Association Conference 13 March 2021

WHS - a roundup of the latest authorities CPD presented by Ingmar Taylor SC, Malcolm Scott and Joseph Simpson of Greenway Chambers - a roundup of the latest work health and safety authorities

Australia's sex discrimination law will be amended to include MPs, judges and public servants by Sarah Martin on The Guardian

We can't consent to this traducing of the law by Corrine Barraclough on The Spectator

Australian master tax guide 2021

Critical perspectives on human rights law in Australia / Paula Gerber and Melissa Castan (eds)

With conviction : an Australian legal memoir / Ian Temby

District Court law reports (NSW), Volume 32(3), March 2021 - in this issue : AB by her tutor BB v Keanes (no 2) / Bush v Tyrepower Ltd / Dickson v Northern Lakes Rugby League Sport and Recreation Club Inc (No 2) / Kalathas v Techtronic Industries Australia Pty Ltd (t/as AEG Power Tools) (No 2) / Ppole by his titor Poole v Sivris / R v Shaitly / Rolton v Corowa Golf Club Ltd / South Eastern Sydney Local Health District v Lazarus

Modern law review, Volume 84(1), January 2021 - in this issue : The standardisation of tort damages Eric Descheemaeker / Confessions in the criminal process Hock Lai Ho / Sorting out mixtures of property at common law Alexander Waghorn / Guilt beyond guilt : from political theory to metaphysics with Herbert Morris Amanda Wilson / British torture, then and now : the role of the judges Conor Gearty / Investors' rights in (crypto) custodial holdings : Ruscoe v Cryptopia Ltd (in Liquidation) Matteo Solinas / Proving the dough : National Crime Agency v Baker & Ors Áine Clancy

University of Queensland law journal, Volume 40(1), 2021 - in this issue : 'Part of the future' : family law, children's interests and remote proceedings in Australia during COVID-19 Felicity Bell / Corrective justice and redress under Australia's racial vilification laws Bill Swannie / State consent to the provision of humanitarian assistance in non-international armed conflicts Jessica Schaffer / Sexual assault on campus : not just a police matter - a response to Y v University of Queensland Clare Foran / Judicial activism and constitutional (mis)interpretation : a critical appraisal Johnny M Sakr and Augusto Zimmermann

University of Tasmania law review, Volume 39(2), 2020 - in this issue : Safe access zone legislation in Australia : determining an appropriate legislative template for South Australia and Western Australia Mark J Rankin / Creepshots - a persistent difficulty in the Australian privacy landscape Ryan Chan / The impact of public health emergencies on atrocity prevention and the conflict landscape Yvonne Breitweiser-Faria / Uneven platforms : the press, social media, search engines and freedom of expression Paul Taylor / Sentencing the multiple murderer Mark G Hinton QC / Schrems II decision - an extraterritorial approach to privacy Elizabeth Reed

Register for the Julius Stone Address 2021 : Can the people be sovereign? - delivered by Philip Pettit, Princeton University and Australian National University. From University of Sydney, online - May 06 2021, 6:00 pm - 7:30 pm See more information here.

The Australian Law Reform Commission has released background papers in relation to its Review of judicial impartiality, see the papers The law on judicial bias : a primer, Recusal and self-disqualification and The federal judiciary – the inquiry in context here.

Clarity about casuals – at least for now... by Tom Reaburn of McCullough Robertson - considers the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 (Cth)

Connecting the dots : what really lies beneath the 'lucky country' by Paula Gerber and Melissa Castan on Lens (Monash UNiversity) - considers inequality and discrimination in Australia

End of the road for the credit hire vehicle debate, as the High Court grants special level to consider the principle of 'like for like' by Paul Garnon and Andrew Gouveia of McCabe Curwood - the High Court of Australia has granted special leave to consider Lee v Strelnicks; Souaid v Nahas; Cassim v Nguyen; Rixon v Arsalan [2020] NSWCA 115 (the "credit hire" cases)

Federal Court of Australia takes first steps to block Florida cruise ship case by Simon Liddy and Ryan Hunter of HWL Ebsworth - Australian Courts are willing to recognise jurisdiction clauses in travel contracts, even when corporate structures may complicate their enforcement

How the Australian courts are tackling coercive control by Lisa Lahey of Hopgood Ganim - considers how family law courts in Australia deal with coercive control

Identifying victims of sexual harassment in the age of #MeToo : time for the media to prioritise a victim's right to privacy by Alexandra Gronow in Alternative law journal (special open access article) - examines how the media unreasonably intrude on victims' privacy in Australia

In fond memory of Lord Kerr JSC - hosted by Human Rights Lawyers Association (UK)

Law Report (ABC) for 30 March presented by Damien Carrick - Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg

Lord Chancellor to review his own post by Joshua Rozenberg on A Lawyer Writes - role of lord chancellor is up for review says its holder, The Rt Hon Robert Buckland QC MP Lord Chancellor's speech : Law and politics - the nightmare and the noble dream by The Rt Hon Robert Buckland QC MP at the Queen Mary University Conference

On voice, and finding a place to start by Sana Nakata on Indigenous Constitutional Law - examines Indigenous constitutional recognition

The risks to Australia of a 3°C warmer world on Australian Academy of Science - landmark climate change report

Tanya Smith SC - Swearing in ceremony, District Court of New South Wales, Monday 29th March 2021

What is 'upskirting' and what are your rights to privacy under the law? by Rick Sarre on The Conversation - considers laws dealing with the act of taking sexually intrusive photographs of someone without their permission

Commonwealth prosecutors wrong on Witness K case, former NSW DPP says by Christopher Knauss on The Guardian

'He was just doing his job' : Commission finds police unfairly targeted solicitor by Naomi Neilson in Lawyer Weekly

How Elizabeth Loftus changed the meaning of memory by Rachel Aviv on The New Yorker

The lawyer who took on Chevron – and now marks his 600th day under house arrest by Oliver Milman on The Guardian

Proclamations commencing Acts

Government Sector Finance Act 2018 No 55 (2021-151) — 1 May 2021 appointed as the day on which sections 7.2 and 7.3 of the Act commence, published LW 1 April 2021

Commissioner of Taxation v Apted [2021] FCAFC 45 - taxation, JobKeeper test case, sole trader granted access to JobKeeper after the full court unanimously ruled that the ATO had erred in its decision not to grant the business more time to establish its eligibility

Hyndman v Walker [2021] NZCA 25 - although there were powerful arguments in favour of developing the tort of breach of privacy by removing the "highly offensive" limb of the tort, the present case did not raise sufficient considerations of public interest or freedom of expression to provide a suitable vehicle for such a potential development

Musa v Alzreaiawi [2021] NSWCA 12 - evidence, standard of proof, Jones v Dunkel inference

District Court law reports (NSW), Volume 32(2), February 2021 - in this issue : Araz Investments Pty Ltd v Mitry Lawyers Pty Ltd / Betta Build Group Pty Ltd v El Baba (no 2) / Goh, Ambrosini and Hollingsworth v BPH Energy Ltd / Jefferis v Gells Pty Ltd (t/as Gells Lawyers) / Kalache v Secureclean Pty Ltd (No 1) / R v Baxter (No 2) / Salih v Emirates (No 2)

New South Wales law reports, Volume 103(1), April 2021 - in this issue : Cooper v The Owners - Strata Plan No 58068 / Education and Early Childhood Learning, Minister for v Zonnevylle / Erceg v Volonakis / Karlsson v Griffith University / Menz v Wagga Wagga Show Society Inc / Orr v Cobar Management Pty Ltd / Petch v R / R v Kinghorn (No 7) / Tannous v State of New South Wales / Wilson v Chan and Naylor Parramatta Pty Ltd

The recent announcement of the easing of COVID-19 restrictions will result in a few changes in the library.

Please note the following :

• You must still register on entry to the library. Members may register with their Bar Library e-card (if you don't have your e-card please email library@nswbar.asn.au), others via the QR code at the library entrance. PLEASE BRING YOUR PHONE.
• Please sanitise your hands on arrival and departure. It is recommended that you wear a mask.
• Please bring your own pens, pencils, paper, post-it notes and other stationery. We cannot provide these items to you.
• Please scan material with your phone. Use photocopiers as a last resort and wipe down before and after use.
• Please wipe down the chair, desk, terminal keyboard and mouse before and after use.
• Only one person at a time is permitted in the stacks. Please leave books used in the library but not borrowed, in the trolley near the library exit. The librarians will re-shelve these items.

Loans

• Loans will continue to be done at the self-service kiosk. You will need your Bar Library e-card. The loan period is 14 days but items must be returned immediately if requested by the librarians after three days of the loan period.
• Please leave returned books in the trolley at the library entrance. It is no longer necessary to quarantine books; they will be returned on the system once a day.
• Any items with a reservation will then be placed on the click and collect trolley for collection.
• Items available on the shelves will not be put aside for collection. You must collect these items from the shelf an borrow at the kiosk.
• You MUST use your library e-card at the self-checkout terminal to borrow items.

Federal Court orders native title tribunal to revisit decision on Taungurung Aboriginal corporation land agreement by Joseph Dunstan on ABC News

Government rejects call to hand control of family law system to states and territories by Jade Macmillan on ABC News

Netanyahu banned from top law enforcement appointments - High Court by Yonah Jeremy Bob and Tamar Beeri in Jerusalem Post

Scots become automatic organ donors under new law by Joanne Macaulay on BBC

Apprehended bias and the nuclear effect – lessons from the New Acland proceedings by William ISdale and Nicholas Simoes Da Silva on Aus Pub Law - considers Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2020] HCA 2

ASIC obtains declaration that an insurer breached its duty of utmost good faith to an insured by Mark Frewen-Lord of McCabe Curwood - considers Australian Securities and Investments Commission v TAL Life Limited (No 2) [2021] FCA 193

The environment is all rights : human rights, constitutional rights and environmental rights by Rachel Pepper and Harry Hobbs - advanced copy from Melbourne University law review

Executors' 'clash' of conflicts : 'Should I stay or should I go now?' by Simon Crawford and Angela Liaskos of HWL Ebsworth - considers Connock v Connock (in His Capacity as Executor of the Estate of Connock) [2021] VSC 64

Faulks defends judicial review by Joshua Rozenberg on A Lawyer Writes - examines judicial review

The First Nations voice : an informed and aspirational constitutional innovation by Gabrielle Appleby and John Williams on Indigenous Constitutional Law - examines where the drafters of the Australian Constitution engaged in constitutional experimentation at Federation

Law in Action for 23 MArch presented by Joshua Rozenberg - Reforming judicial review

Law Report (ABC) for 23 March presented by Damien Carrick - Inside Thomas Embling Hospital, a Forensic health facility

Response : querying the gender dynamics of interruptions at Australian oral argument by Amelia Loughland and Rosalind Dixon in University of New South Wales law journal forum - considers whether judicial personality, multiple female judges or male Chief Justices on the High Court influence the rate of interruptions of female justices

Top judge rebuffs attack on top court by Joshua Rozenberg on A Lawyer Writes - Lord Reed : "idiotic" to think name makes us behave like US Supreme Court

Welcome ceremony for the Hon. Justice Kate Williams, Supreme Court of New South Wales, 22 March 2021

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - When it's a crime to conceal a crime + the Christian Porter affair

Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd [2021] FCAFC 40 - clarification of law on statutory unconscionable conduct

BP7 Pty Ltd v Gavancorp Pty Ltd [2021] NSWSC 265 - meaning of "option to purchase" and "option granted for the purchase" in Division 9 of Part 4 of Conveyancing Act 1919 (NSW)

Council of the New South Wales Bar Association v Siggins [2021] NSWCA 40 - "not a fit and proper person to remain on the roll"

Folbigg v Attorney General of New South Wales [2021] NSWCA 44 - dismissal of further amended summons seeking judicial review of the report of the judicial officer

Assented

COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021 No 4 — assented to 24 March 2021

COVID-19 Recovery Act 2021 No 5 - assented to 25 March 2021

In progress

Canterbury Park Racecourse (Sale and Redevelopment Moratorium) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Thu 25 Mar 2021

Civil Liability Amendment (Child Abuse) Bill 2021 - in Legislative Assembly, 2R debate, debate interrupted, Thu 25 Mar 2021

Government Sector Finance Amendment (Government Grants) Bill 2021 - in Legislative Assembly, awaiting mover's 2R speech, Tue 23 Mar 2021

Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 24 Mar 2021

Local Government Amendment Bill 2021 - in Legislative Council, to be reported, Tue 23 Mar 2021

Mutual Recognition (New South Wales) Amendment Bill 2021 - in Legislative Council, to be reported, Wed 24 Mar 2021

NSW Jobs First Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Thu 25 Mar 2021

Prevention of Cruelty to Animals Amendment Bill 2021 - in Legislative Assembly, awaiting consideration of LC amendments, Tue 23 Mar 2021

Property Services Council Bill 2021 - in Legislative Assembly, awaiting mover's 2R Speech, Tue 23 Mar 2021

Real Property Amendment (Certificates of Title) Bill 2021 - in Legislative Council, to be reported, Wed 24 Mar 2021

State Insurance and Care Governance Amendment (Employees) Bill 2020 - in Legislative Assembly, 2R debate, debate interrupted, Thu 25 Mar 2021

Notice of motion

Residential Tenancies Amendment (Reasons for Termination) Bill 2021 - in Legislative Assembly, notice of motion, Tue 23 Mar 2021

Water NSW Amendment (Flood Mitigation) Bill 2021 - in Legislative Assembly, notice of motion, Thu 25 Mar 2021

Withdrawn

Liquor Amendment (Right to Play Music) Bill 2020 - withdrawn, Thu 25 Mar 2021

Federal Court reports, Volume 276(4), March 2021 - in this issue : Burgess v Commonwealth / FCS17 v Minister for Home Affairs / Reynolds v Commissioner of Australian Federal Police / Taxation, Federal Commissioner of v Israel Discount Bank Ltd / Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs / Wonson v Comcare

South Australian state reports, Volume 136(2), March 2021 - in this issue : C v Independent Commission Against Corruption / Legal Professional Conduct Commissioner v Fowler / Loleit v The Queen / Mills v Return to Work Corporation (SA) / Mullen v Director of Public Prosecutions (SA) / R v Pedler (No 2) / SAN v The Queen

State reports (Western Australia), Vol 102(2), March 2021 - in this issue : Buxton v Owners, 163 Scarborough Beach Rd Scarborough Strata Plan 6660 / Hamilton v Chief Executive Officer, Department of Biodiversity Conservation and Attractions / Jashan Technology Pty Ltd v Phoenix Properties International Pty Ltd

Criminal law review, Issue 2, 2021 - in this issue : Parole - a root and branch review? David Ormerod / Pre-charge bail and release under investigation (RUI) : an urgent case for reform Anthea Hucklesby / Sentencing mentally disordered offenders in England and Wales: towards a rights-based approach Ailbhe O'Loughlin / The foreseeability of law : how many lawyers should it take to understand your criminal liability? Sebastian Walker / Cases and comments - Sentencing : guilty pleas - R. v Hodgin (Lee) Peter Hungerford-Welch, Conspiracy : R. v Johnson (Ryan); R. v Casey (Paul); R. v Belford (Andrew); R. v Anderson (Robert); R. v McBride (Darren) Karl Laird, Explosives : R. v Flint (Simon Paul); R. v Holmes (Anthony) Rudi Fortson, Fraud : Serious Fraud Office v G4S Care and Justice Services (UK) Ltd Peter Hungerford-Welch, Fraud : R. v Nyonyintono (Winifred) Karl Laird, Sentencing : R. v Beckett Lyndon Harris, Sentencing : R. v Hewitt (Andre Byron) R. v Mulcare (Jovan) Lyndon Harris, Youth court : R. (on the application of BB) v West Glamorgan Youth Court Peter Hungerford-Welch

Copinger and Skone James on copyright (18th ed) / Gwilym Harbottle, Nicholas Caddick and Uma Suthersanen

Environmental and planning law in New South Wales (5th ed) / Rosemary Lyster, Zada Lipman, Ed Couzens, Susan O'Neill and Jeff Smith

The law of bankruptcy notices and creditors' petitions / Nicholas J Simpson

Wrongful death claims : a practical guide / Craig Hobbs

Annotated Fair Work Act and related legislation 2021 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Ben Dudley

Australian commercial arbitration (2nd ed) / John J Hockley, Clyde Croft, William KQ Ho and Kieran R Hickie

Hutley's Australian wills precedents (10th ed) / Craig Birtles, Richard Neal and Caroline Sims

Law of limitation (2nd ed) / G E Dal Pont

Law of succession (3rd ed) / G E Dal Pont

Miller's Australian competition and consumer law annotated 2021 / Russell V Miller

Sackville and Neave Australian property law (11th ed) / Brendan J Edgeworth, Chris J Rossiter, Pamela A O'Connor and Andrew Godwin

Jago v Anti-Discrimination Tribunal [2021] TASSC 10 - discrimination

Jex v Jiang, 2021 ONCA 160 - whether the trial judge erred in failing to make a peanut butter and jelly sandwich for Mr Jex during the trial, "He still owes me a peanut butter and jelly sandwich with the homemade strawberry jam."

R v Blake Davis [2021] NSWSC 235 - manslaughter, excessive self-defence, deceased committed home invasion on offender, deceased assaulted offender then fled, offender pursued deceased with samurai sword

Thurston v State of New South Wales [2021] NSWSC 226 - "Latin – not generally spoken in New South Wales"

Springs v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 197 - Springs application for a Distinguished Talent (Residence) visa was refused, was the Tribunal's affirmation of that refusal within power?

Acts proclaimed

Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12 (2021-116) — 27 March 2021 appointed as the day on which the Act commences, published LW 19 March 2021

In progress

Civil Liability Amendment (Child Abuse) Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Wed 17 Mar 2021

COVID-19 Recovery Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Wed 17 Mar 2021

Independent Commission Against Corruption Amendment (Publication of Ministerial Register of Interests) Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Thu 18 Mar 2021

Local Government Amendment Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Wed 17 Mar 2021

Mutual Recognition (New South Wales) Amendment Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Wed 17 Mar 2021

Prevention of Cruelty to Animals Amendment Bill 2021 - in Legislative Assembly, to be reported, Thu 18 Mar 2021

Property Services Council Bill 2021 - in Legislative Assembly, to be reported, Wed 17 Mar 2021

Real Property Amendment (Certificates of Title) Bill 2021 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Wed 17 Mar 2021

South32 Dendrobium Extension Project Approval Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 17 Mar 2021

Negatived

Crimes (Domestic and Personal Violence) Amendment (Coercive Control—Preethi’s Law) Bill 2020 - negatived, Thu 18 Mar 2021

Local Government Amendment (Pecuniary Interests Disclosures) Bill 2020 - negatived, Thu 18 Mar 2021

Notice of motion

Crimes Amendment (Enthusiastic Consent) Bill 2021 - in Legislative Assembly, notice of motion, Tue 16 Mar 2021

Awaiting assent

Community Land Development Bill 2020 - awaiting assent, Tue 16 Mar 2021

Community Land Management Bill 2020 - awaiting assent, Tue 16 Mar 2021

COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021 - awaiting assent, Thu 18 Mar 2021

Marine Pollution Amendment (Review) Bill 2020 - awaiting assent, Wed 17 Mar 2021