The Library Bulletin

Gibson v Director of Public Prosecutions (NSW) (No 2) [2021] NSWCA 218 - nature of the power and role of a District Court judge in deciding whether or not to submit a question of law to the Court of Criminal Appeal

Goodfellow v R[2021] VSCA 262 - "jury's understanding of the 'ommon course of human affairs' does not allow it to fill holes in the evidence by telling itself that it would be too much of a coincidence if the applicant were not involved"

Prouten v Chapman [2021] NSWCA 207 - negligence, "there is an important distinction between the credit and the demeanour of a witness"

R v Sweet [2021] QDC 216 - "Russell Jay Gould, is a resident of the United States of America. He claims to have unlocked the secrets of 'quantum grammar' and in doing so he saved America from once again becoming a colony of the United Kingdom because of a secret pre-revolution postal contract. In this way he became the 'postmaster-general of the world'. (I am not making this up.)"

Artificial intelligence risks to privacy demand urgent action – Bachelet by Michelle Bachelet on United Nations Human Rights, Office of the High Commissioner

QLD police will use AI to 'predict' domestic violence before it happens. Beware the unintended consequences by Heather Douglas and Robin Fitzgerald on The Conversation

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.

Register for the free online event : The Edmund Barton lecture – The role of the Attorney General. The Hon. Mark Speakman SC MP, the Hon. John Hatzistergos AM, and the Hon. Gabrielle Upton MP will explore the role of the Attorney General in Australia's Westminster system of government.

Time : 5.30 – 6.30pm, Tuesday September 21, 2021

See details here.

Corporate 'greenwashing' the latest target for climate change litigation by Andrew Korbel, Andrew Lumsden, Jodi Gray and Zoe Caldwell of Corrs Chambers Westgarth - considers companies making potentially misleading environmental disclosures and claims

Customary law and the recognition of systemic disadvantage in the sentencing of First Nations persons by His Honour Judge Glen Cash QC at the Sunshine Coast Bar Professional Development Day

Episode 18 - The Rule in Browne v Dunn on Advocacy in Court : Preparation and Performance with Hugh Selby

Getting ahead on sporting risks at school; "When games are properly controlled and supervised, allowing children to participate in them is not, in the absence of special circumstances, negligent" by Leighton Hawkes, Ryan Dorahy and Michelle Sin of McCabes - considers Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045

Law Report (ABC) for 14 September presented by Damian Carrick - Media impact of High Court defamation ruling, and NT youth bail laws

The legal history of pigeons by Annie Ross on Library of Congress - considers the legal history of pigeons

Charisteas v Charisteas & Ors [2021] HCATrans 141 - procedural justice

EVX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1079 - whether minister can refer to quashed criminal jury verdict in migration character test

Fairfax Media Publications Pty Ltd v. Voller (S236/2020); Nationwide News Pty Limited v. Voller (S237/2020); Australian News Channel Pty Ltd v. Voller [2021] HCA 27 - defamation, Facebook

Raghubir v Nicolopoulos [2021] FCA 1073 - "I am satisfied beyond argument that this Court does not have jurisdiction to deal with a dispute about neighbours arguing over the back fence as to barking dogs and allegedly defamatory publications made as its consequences"

Australian Law Reform Commission's Review of judicial impartiality - data analysis - practitioners

Available scientific climate change evidence to provide strong basis for future litigation by Louise Camenzuli, Julia Green and Alice Johnson of Corrs Chambers Westgarth - considers Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92

Changes to sexual harassment legislation with the passage of the Respect@Work Bill by Catherine Dunlop, Tamsin Webster and Brayden Moulday of Maddocks - considers the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Cth)

Law Report (ABC) for 7 September presented by Damian Carrick - How does Australia's COVID vaccine injury scheme compare with compensation programs abroad?

Law Talking, Episode 8 from Frank Hicks, Richard Cheney and Adele Carr of Greenway Chambers - Four cases and front of house

Reviewing judicial power for jurisdictional error : some recent migration cases by Justice Colvin at the WA Chapter of the Australian Institute of Administrative Law

Tips and traps to accessing court documents as a non-party by Dilip Ramaswamy and Ian Napier of Clayton Utz - considers non-party access to documents

What is the extent of the duty of decision makers to address arguments made by a party to a medical dispute? The Supreme Court provides the answer in Stanizzo v AAI Limited t/as GIO by Andrew Gorman of McCabes - considers Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077

Register for the free webinar 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, presented by University of Queensland.

Time : Tuesday 14 September 2021 6 – 7.15pm AEST

See details here.

Register for the free seminar Jennifer Robinson : 2021 Hal Wootten Lecture

Time : Tuesday, 12 Oct 2021, 6.30pm AEDT

See details here.

Bitcoin price tumbles as El Salvador makes it legal currency; Nasdaq reaches new record high by Sue Lannin on ABC News

High Court finds media outlets are responsible for Facebook comments in Dylan Voller defamation case by Elizabeth Byrne on ABC News

Pakistan may have its first woman Supreme Court Justice by Saroop Ijaz on Human Rights Watch

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.

Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26 - criminal law, recklessness

Heritage Travel and Tourism Ltd & Anor v Windhorst & Ors [2021] EWHC 2380 (Comm) - economic duress

Home Grown Brands Australia Pty Ltd v Sperling Enterprises Pty Ltd [2021] FCCA 1597 - courts can take judicial notice of the manner in which the Wayback Machine collects screenshots of webpages

Montgomery & Anor v My FootDr (Aust) Pty Ltd [2021] NSWDC 439 - "Counsel for the plaintiffs submitted that it was never intended that the parties could argue about the figure payable "till the cows come home". Unfortunately that is what has happened for the last four years. Two cows branded "Plaintiffs" and "Defendant" have now been herded into the District Court. Only one of those cows will be released to the grassy uplands and the other will be going to the abattoir."

National Tertiary Education Industry Union v University of Sydney [2021] FCAFC 159 - industrial law, right of intellectual freedom

Pead v Premium Pet Food Online Pty Ltd (Civil Claims) [2021] VCAT 771 - consumer law, "Pet dogs can be fussy eaters"

Attend the free John Turner Memorial Lecture : A/Prof Catherine Bond, UNSW, on "Law In First World War Australia : Lessons for Modern Emergencies"

Time : Friday 10 September, 10am – 11.30am.

See details here.

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.

An accident in a stolen car left him catastrophically injured, but Trey was refused compensation by Damien Carrick and Simon Leo Brown for Law Report on ABC News

Register for the free webinar Gideon Haigh : The Literature of Inquests at the Melbourne Writers Festival.

Time : September 30, 2pm

See details here.

Being a Supreme Court justice in 2030 by Lord Sales at the Cour de Cassation seminar

Foreign influence and the implied freedom of political communication : LibertyWorks v Commonwealth by Josh Gibson on AusPubLaw - considers LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18

Law Report (ABC) for 31 August presented by Damian Carrick - Passenger injured in stolen car denied compensation and COVID-19 death ruled workplace injury

Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4 : the 'direction principle' diminished? by Tristan Taylor on AusPubLaw - considers Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4

Remaking administrative decisions : Minister for immigration and Border Protection v Makasa [2021] HCA 1 by Michael Palfrey, Will Sharpe and Neil Cuthbert of HWL Ebsworth - considers Minister for Immigration and Border Protection v Makasa [2021] HCA 1

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E4 : Alison Battisson on AJL20 and Human Rights for All

Women and the law by Susan Atkins and Baroness Brenda Hale - see here

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.

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