The Library Bulletin

Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195 - immigration, "national interest"

Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698 - "whether a claimant can rely on his own drunkenness, and consequential lack of insight, either to avoid a finding of contributory negligence or to reduce the apportionment of responsibility for his contributory negligence"

K Line PTE Ltd v Priminds Shipping (HK) Co Ltd ("Eternal Bliss") [2021] EWCA Civ 1712 - "In circumstances where the cases do not provide a decisive answer and there is no clear consensus in the textbooks, we approach the issue as one of principle."

Lloyd v Google LLC [2021] UKSC 50 - iPhone users affected by covert data collection will not be entitled to class-action style compensation

Xerri v R [2021] NSWCCA 268 - Crimes Act 1900 (NSW) s 66EA, whether intent of legislation was to operate retrospectively

Coalition's voter ID bill could be challenged in court over voter suppression, expert warns by Paul Karp on The Guardian

Explainer : what is the 'good faith' defence thwarted by the High Court in Zachary Rolfe’s murder trial? by Thalia Anthony on The Conversation

Annual Expert Witness Survey Report 2021 by Bond Solon and The Times

A global community of courts? Modelling the use of persuasive authority as a complex network by D Hoadley, M Bartolo, R Chesterman, A Faus, W Hernandez, B Kultys, A P Moore, E Nemsic, N Roche, J Shangguan, B Steer, K Tylinski1 and N West in Frontiers in physics - investigates "use of foreign persuasive authority in common law countries by analyzing the network of citations to case law in a corpus of over 1.5 million judgments given by the senior courts of twenty-six common law countries"

Law Report (ABC) for 9 November presented by Damian Carrick - Reforming NSW sexual consent laws

Major privacy changes introduced by Luke Dale, Peter Campbell, Daniel Kiley and Caitlin Surman of HWL Ebsworth - considers the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (Cth) and steps towards broader reform of the Privacy Act as a whole

The most-cited legal scholars revisited by Fred R Shapiro in University of Chicago Law Review - a list of the fifty most-cited legal scholars of all time

The scope of judicial law-making in constitutional law and public law by Lord Hodge of Supreme Court, United Kingdom

Women judges, local judges, foreign judges : methods of collecting and analysing data on gender and Pacific judiciaries by Anna Dziedzic on the IACL-AIDC Blog - considers women judges

In progress

Anti-Discrimination Amendment (Religious Vilification) Bill 2021 - In Legislative Assembly, 2R Debate, Debate interrupted, Thu 11 Nov 2021

Children (Criminal Proceedings) Amendment (Age of Criminal Responsibility) Bill 2021 - In Legislative Council, 2R Debate, Debate adjourned 5 calendar days, Thu 11 Nov 2021

Companion Animals Amendment (Rehoming Animals) Bill 2021 - In Legislative Council, Awaiting 2R Debate, Debate adjourned 5 calendar days, Wed 10 Nov 2021

Crimes (Administration of Sentences) Amendment Bill 2021 - In Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 Nov 2021

Crimes Legislation Amendment Bill 2021 - In Legislative Council, Awaiting mover's 2R Speech, Tue 9 Nov 2021

Crimes Legislation Amendment (Loss of Foetus) Bill 2021 - In Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 Nov 2021

Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021 - In Legislative Council, 2R, Wed 10 Nov 2021

Customer Service Legislation Amendment Bill 2021 - In Legislative Council, Awaiting mover's 2R Speech, Debate adjourned, Wed 10 Nov 2021

Electronic Transactions Amendment (Remote Witnessing) Bill 2021 - In Legislative Council, Awaiting mover's 2R Speech, Wed 10 Nov 2021

Gaming Machine Tax Amendment (Promotional Prizes) Bill 2021 - In Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 Nov 2021

Greater Sydney Parklands Trust Bill 2021 - In Legislative Assembly, 2R Speech, in progress, Wed 10 Nov 2021

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill (No 2) 2021 - In Legislative Council, 2R Debate, Debate adjourned 5 calendar days, Thu 11 Nov 2021

Plastic Reduction and Circular Economy Bill 2021 - In Legislative Council, Consideration in Committee of the Whole, Debate interrupted, Tue 9 Nov 2021

Public Spaces (Unattended Property) Bill 2021 - In Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 Nov 2021

Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill 2021 - In Legislative Council, Awaiting mover's 2R Speech, Wed 10 Nov 2021

Tattoo Parlours Amendment (Statutory Review) Bill 2021 - In Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 Nov 2021

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 - In Legislative Council, 2R, Debate adjourned, Wed 10 Nov 2021

Awaiting assent

Children's Guardian Amendment (Child Safe Scheme) Bill 2021 - awaiting assent, Wed 10 Nov 2021

Civil Liability Amendment (Child Abuse) Bill 2021 - awaiting assent, Tue 9 Nov 2021

Payroll Tax Amendment (Payroll Tax Waiver) Bill 2021 - awaiting assent, Tue 9 Nov 2021

Notice of motion

Law Enforcement Conduct Commission Amendment Bill 2021 - In Legislative Council, Notice of Motion - Text of Bill not available, Thu 11 Nov 2021

Sex Selection Legislation Amendment Bill 2021 - In Legislative Council, Notice of Motion - Text of Bill not available, Wed 10 Nov 2021

Withdrawn

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2021 - In Legislative Council, Withdrawn, Tue 9 Nov 2021

Register for Financial Barriers to Accessing Constitutional Justice.

Time : Thursday, 2 December 2021, 5.00 – 6.15pm AEDT

See details here.

Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195 - migration

Australian Leather Pty. Ltd., et al., Petitioners v Deckers Outdoor Corporation, Supreme Court of the United States No. 21-513, Brief amicus curiae of Government of the Commonwealth of Australia filed, 5 November 2021 - "It is well recognized that Australians have developed their own slang and phraseology", "English-speaking tourists are often advised to learn some of the unique Australian phrases and terms before visiting. For instance, Australians use the term "flat white" to refer to a coffee and milk beverage with a higher proportion of coffee than is in a latte or cappuccino."

Hofer v The Queen [2021] HCA 36 - criminal practice

Park v The Queen [2021] HCA 37 - criminal law, sentence

The Queen v Rolfe [2021] HCA 38 - "s 148B of Police Administration Act 1978 (NT) ("Act") provides person "not civilly or criminally liable" for act done or omitted to be done "in good faith" in actual or purported "exercise of a power or performance of a function under" Act" Sunland Group Limited & Anor v Gold Coast City Council [2021] HCA 35 - local government, town planning

As restrictions are beginning to ease, we are pleased to advise that the Bar Library is offering 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 Tuesdays and Thursdays 11:00 am-1:00 pm. Here's a 'How to' guide.

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 relying on the kindness of your colleagues in returning books currently on loan.

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 and remember, don't hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

Bills assented to

Better Regulation Legislation Amendment (Miscellaneous) Act 2021 No 23 — assented to 01 November 2021

Coastal Management Amendment Act 2021 No 27 — assented to 01 November 2021

Electric Vehicles (Revenue Arrangements) Act 2021 No 25 — assented to 01 November 2021

Local Government Amendment (COVID-19—Elections Special Provisions) Act 2021 No 24 — assented to 01 November 2021 Water Industry Competition Amendment Act 2021 No 26 — assented to 01 November 2021

British waitress wins High Court discrimination battle over Australia's 'backpacker tax' by Elizabeth Byrne and Kath Sullivan on ABC News

The haunted jurisprudence of 'ghost law' by William Holmes on Legal Cheek

How a medieval English law affects the US gun control debate by Bernd Debusmann Jr on BBC News

AI and automated decision-making : are you just another number? by Justice Melissa Perry, presented to the Gilbert & Tobin Centre of Public Law, UNSW Law & Justice and the NSW Chapter, Australian Institute of Administrative Law event 'Kerr’s Vision Splendid for Administrative Law: Still Fit for Purpose? – Online Symposium on the 50th Anniversary of the Kerr Report' on 21 October 2021

Be careful what you caveat by Andrew Lacey of McCabes - considers caveats

Commercial trusts and the liability of beneficiaries : are commercial trusts a satisfactory vehicle to be used in modern day commerce? by Hon T F Bathurst AC at the 2021 Harold Ford Memorial Lecture

Law Report (ABC) for 2 November presented by Damian Carrick - UK legal action over rugby league players’ brain injury, and deciding judicial recusals in Australian courts

Termination for convenience : when and is it free? by Jodie Burger and Lydia Cowan-Dillon of Corrs Chambers Westgarth - considers termination for convenience

"This may seem hard" : temporal and personal perspectives on fiduciary law by Hon Justice Stephen Kos at the Society of Trust and Estate Practitioners New Zealand 2021 Conference

The role of narrative in the judicial process by Justice D Jackson delivered in Perth at the Australian Academy of Law event 'The Narrative Voice in Fiction and in Law'

What future for human rights? Decision-making by algorithm by Veronika Fikfak in Strasbourg Observers - considers algorithmic decision-making in the European Court of Human Rights

Register for Freedom of Expression in the United Kingdom and Australia considered comparatively from Australian Academy of Law.

Time : Tuesday 7 December, 6.00pm AEDST

See details here.

Register for 21st Century Legal Practice - International and Domestic from the Law Council of Australia, featuring the Hon. Tom Bathurst AC FRSN and Ms Mary Walker OAM.

Time : Tuesday 9 Nov 2021, 5 ‐ 6pm

See details here.

ILS Member Ticket Free Standard Non-Member Ticket $40.00

Register for The Crossbench : Power, Procedure and Passion from Parliament of New South Wales.

Time : Monday 22 November, 5.30 – 6.30pm

See details here.

Addy v Commissioner of Taxation [2021] HCA 34 - income tax

Hamilton (a pseudonym) v The Queen [2021] HCA 33 - criminal practice

Partington v Rossiter [2021] EWCA Civ 1564 - considers whether the expression, "my UK assets", in a will include the testator's assets in Jersey, given that Jersey does not form part of the United Kingdom but is part of the last vestiges of the ancient Duchy of Normandy

State Trustees Limited v Cooper (a pseudonym) [2021] VSC 712 - testamentary capacity, expressed intentions

Victoria Police v Lewis [2021] VMC 13 - whether a PVC device used to propel fruits and vegetables (a potato gun) is a firearm under the Firearms Act

As restrictions are beginning to ease, we are pleased to advise that the Bar Library is offering 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 Tuesdays and Thursdays 11:00 am-1:00 pm. Here's a 'How to' guide.

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 relying on the kindness of your colleagues in returning books currently on loan.

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 and remember, don't hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

As outlined in In Brief, the Bar Library is offering a Click, Collect and Return service for textbook loans. It will operate on Tuesdays and Thursdays between 11am and 1pm. Please see the how to guide here.

The library is an important service for many members, and we do our best to make this the best service it can be. In my discussions with members the speed and quality of the research service in particular has been highlighted to me as extremely valuable, and the librarians have been pleased to be able to continue to provide this through the lockdown, servicing up to 170 requests per week.

It is with this in mind that we have only returned to the click and collect service at this time. While many businesses are reopening, the Bar library presently only has 2 librarians to run the library research service and the click and collect service. All businesses are seeking to balance service delivery with staff and visitor health and safety at present. I note that, with such a small staff, if either or both of the librarians become unwell we would be forced to dramatically reduce or suspend the library services we are currently providing.

Recruiting for another librarian is well progressed and we will keep the physical reopening of the library under close consideration as the public health situation advances in coming weeks. In the interim, I would ask you all to be patient and considerate with the librarians, who are doing their absolute best to deliver library services for the membership through this challenging time.

Andreas Heger Executive Director

As outlined in In Brief, the Bar Library is offering a Click, Collect and Return service for textbook loans. It will operate on Tuesdays and Thursdays between 11am and 1pm. Please see the how to guide here.

The library is an important service for many members, and we do our best to make this the best service it can be. In my discussions with members the speed and quality of the research service in particular has been highlighted to me as extremely valuable, and the librarians have been pleased to be able to continue to provide this through the lockdown, servicing up to 170 requests per week.

It is with this in mind that we have only returned to the click and collect service at this time. While many businesses are reopening, the Bar library presently only has 2 librarians to run the library research service and the click and collect service. All businesses are seeking to balance service delivery with staff and visitor health and safety at present. I note that, with such a small staff, if either or both of the librarians become unwell we would be forced to dramatically reduce or suspend the library services we are currently providing.

Recruiting for another librarian is well progressed and we will keep the physical reopening of the library under close consideration as the public health situation advances in coming weeks. In the interim, I would ask you all to be patient and considerate with the librarians, who are doing their absolute best to deliver library services for the membership through this challenging time.

Andreas Heger Executive Director

As restrictions are beginning to ease, we are pleased to advise that the Bar Library is offering 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 Tuesdays and Thursdays 11:00 am-1:00 pm. Here's a 'How to' guide.

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 relying on the kindness of your colleagues in returning books currently on loan.

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 and remember, don't hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

Register for State Legislative Power and the Constitution. Chair : The Hon Justice Angus Stewart, Federal Court of Australia, Speakers : Stephen Free SC, NSW Bar and Professor Rosalind Dixon, UNSW Law

Time : Monday, 15 November 2021, 5.30 - 6.30 PM AEDT

See details here.

Human dignity in the time of John Hubert Plunkett presented by Justice Jacqueline Gleeson, Francis Forbes Society for Australian Legal History, 10th Annual JH Plunkett Lecture

Law Report (ABC) for 26 October presented by Damian Carrick - Assange extradition appeal, WikiLeaks and journalism

Minister for Home Affairs v Benbrika : terrorism, preventive detention and the separation of powers presented by Dr Rebecca Ananian-Welsh and Felicity Nagorcka at Australian Association of Constitutional Law

Protecting well-known brands : utility of defensive trade mark registrations by Jürgen Bebber, Chris Sgourakis and Sarah Catania of Corrs Chambers Westgarth - considers Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163

The role of courts in our society by Chief Justice Susan Kiefel AC at LawRight Public Interest Address, Customs House, Brisbane, 25 October 2021

The rule of law in context - Australia presented by Professor Gabrielle Appleby and Professor Megan Davis at ANU College of Law

Dutch appeals court awards Crimean artefacts to Ukrainian state on RTE

Fearful of losing their homelands, islands are taking Australia to court over climate by Ben Doherty on The Guardian

Government introduces Bill requiring voters to show ID to vote by Antony Green on Antony Green's Election Blog

A new proposed privacy code promises tough rules and $10 million penalties for tech giants by Katharine Kemp and Graham Greenleaf on The Conversation

Australian Building and Construction Commissioner v O'Halloran [2021] FCAFC 185 - "A party who invokes the privilege against self-exposure to civil penalties is not required to plead a defence"

Have your say on the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (Cth), exposure draft.

Submissions are invited on the Online Privacy Bill and consultation Regulation Impact Statement by 6 December 2021.

See details here.

Staffing The library is currently down to 2 staff, so we ask for your patience and understanding during this time as we may not be able to provide things as quickly as we might normally do.

As restrictions are beginning to ease, we are pleased to advise that from 26 October 2021 the Bar Library will be offering a 'Click, Collect and Return' service for textbook loans. We know that you have been missing the textbooks in particular and we appreciate your patience and forbearance.

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 Tuesdays and Thursdays 11:00 am-1:00 pm. Here's a 'How to' guide.

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 relying on the kindness of your colleagues in returning books currently on loan.

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 and remember, don't hesitate to ask if you are in need of anything. We have mysterious ways of finding things.

High Court confirms media outlets are liable for defamatory Facebook comments by Norman Lucas and Brigitte Challis of Maddocks - considers Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27

The High Court of Australia and civil liberties from Melbourne Law School presented by Professor Jason Varuhas, Professor Michelle Foster, Tim Goodwin and Professor Cheryl Saunders

Law Report (ABC) for 19 October presented by Damian Carrick - Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge

Originalism and Constitutional amendment by Lael K Weis in Chapman law review (forthcoming) - considers "a problem that constitutional amendment uniquely poses for originalism, namely: how should changes to a constitution's text that enact a new set of understandings be reconciled with the understandings of the constitution's framers?"

The practical impacts of the ADJR Act on judicial review applications by Brenda Tronson on Aus Pub Law - considers administrative law

The Proper Officer must be careful not to exercise judgment at the expense of applying statutory criteria by Andrew Gorman of McCabes - considers Oeding-Erdel v Allianz Australia Limited [2021] NSWSC 1264

Some thoughts about proof in competition cases presented by Justice Jagot, delivered virtually at the 18th Annual Competition Law and Economics Workshop on 15 October 2021

What do Australians talk about when they talk about 'parliamentary sovereignty'? by Ryan Goss in Public law (forthcoming) - considers parliamentary sovereignty

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E6 : Human rights and technology - Emmanuel Kerkyasharian in discussion with Edward Santow