The Library Bulletin

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

Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 - adverse action, ground crew outsourcing challenge

Acts proclaimed

Building Legislation Amendment Act 2021 No 21 (2021-415) — 30 July 2021 appointed as the day on which Schedule 1[3]–[5] of the Act commences, published LW 30 July 2021

Are directors' duties in need of a cyber-uplift? by Ross Phillipson and Ella Logan of Nrton Rose Fullbright - considers cyberlaw and cybersecurity

Audiovisual link technologies in Australian criminal courts : practical and legal considerations, Research Report 22 from Australian Institute of Criminology

Can parties contract out of limitation periods in the Limitation Acts? by Paul Graham, Brian Rom and Kai-Yang Goh of HWL Ebsworth - considers Price v Spoor [2021] HCA 20

Impartiality from both sides of the Bench, seminar from the Australian Law Reform Commission, view recording here

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

Law Report (ABC) for 27 July presented by Damian Carrick - Covid19 vaccination litigation in the US and transporting jurors virtually to the scene of the crime

Dual national in Syrian prison launches high court challenge of Australian citizenship loss laws by Paul Karp on The Guardian

Meat industry claim that plant-based products 'mislead' people rejected by competition regulator by Jake Evans on ABC News

Register for a free online event from the Australian Association of Constitutional Law - Secret Hearings and the Constitution : SDCV v D-G of Security [2021] FCAFC 5 - chaired by Chair The Hon Alan Robertson SC, with speakers David Hume and Dr Rebecca Ananian-Welsh.

Date : Tuesday 3 August, 2021 Time : 5.30–6.30pm

Register here.

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.

Register for the 2021 Mason Conversation with Her Excellency the Honourable Margaret Beazley AC QC.

Venue: TBC (online or in person) Time: 5:30 pm - 7:30 pm (AEST) Date: 16th August 2021

Register here.

Hoskins v R [2021] NSWCCA 169 - Bugmy principle

Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 - subpoenas

Sturgiss & Anor v Boddy & Ors [2021] EW Misc 10 (CC) - the legal relationship between housemates in a share-housing arrangement in Maida Vale, where no lease had been signed since 2004

Wollongong City Council v Williams [2021] NSWCA 140 - are steps in a park an obvious risk?

15 glimpses of James Crawford : an ANZSIL Tribute (recording)

How emerging US environmental trends and initiatives may impact Australian law and policy by Louise Camenzuli, Christine Covington, Julia Green and Alice Johnson of Corrs Chambers Westgarth - considers how the Biden administration's environmental initiatives may impact on Australia

Law Report (ABC) for 20 July presented by Damien Carrick (guest host Greg Muller) - Proceeds of crime

Not "just another piece of material" : the value of Tribunal review by Chantal Bostock on Aus Pub Law - considers Administrative Appeals Tribunal decision making under s 501 of the Migration Act 1958 (Cth)

Professional irresponsibility and judicial opinions by Nina Varsava in Houston Law Review, (forthcoming) - examines US judicial opinions

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Looking into the NSW health orders

Australian warranties acting to 'discourage' repairs or replacements under consumer law by Josh Taylor on The Guardian

Female lawyers outnumber males, but advocates say more women are needed in senior roles by Housnia Shams on ABC News

Terri Janke : the Australian lawyer trying to stop Indigenous cultural theft by Steve Gow on The Guardian