The Library Bulletin

The library will be closed to visitors until Friday 30th of July. 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.

Bathurst Resources Limited v L & M Coal Holdings Limited [2021] NZSC 85 - contract interpretation, what evidence outside the words of the contract should be allowed to assist in interpretation

Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 - "For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now."

KSH Farm Ltd & Anor v KSH Plant Ltd & Anor [2021] EWHC 1986 (Ch) - rescission, trespass, conversion, "The Breakfast Incident"

Stephens v R [2021] NSWCCA 152 - retrospectivity, whether s 80AF of the Crimes Act 1900 (NSW)is substantive or procedural, legislative changes with respect to sexual offences

Court confirms there is no power to amend a modification application once filed by Philip Brown, Danielle Le Breton, and Alex Epstein of HWL Ebsworth - considers AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112

Defining ecocide – an interview with Christina Voigt by Justine Batura on Völkerrechtsblog - examines the definition of ecocide

If the plaintiff at trial is found not to be credible, does that negate from the plaintiff's right to damages? by Peter Ford of McCabe Curwood - considers Hoblos v Alexakis [2021] NSWCA 126

Judicial review of administrative action : between grand theory and muddling through by Mark Aronson in (2021) 28 Australian Journal of Administrative Law (forthcoming) - "It is a truth worth universal acknowledgment that the scholar in search for a meta-theory of judicial review of administrative action is in need of a life."

Law Report (ABC) for 13 July presented by Damian Carrick - Climate change litigation

Removal of judges from office by Geoffrey Nettle AC QC in (2021) 45(1) Melbourne University Law Review (advance) - considers s 72(ii) of the Constitution

The state of the art in contemporary administrative law by Paul Daly in (2021) 28 Australian Journal of Administrative Law (forthcoming) - "Hanging on the every word of the High Court of Australia may in some areas be a barrier to understanding"

'One more mine does make a difference' : Australian children argue for the climate – and the law agrees by Graham Readfearn on The Guardian

The library will be closed to visitors until Friday 30th of July. 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.

France in a fizz over Russia's champagne label law on BBC News

'A huge missed opportunity' : Australia has resisted UN calls to raise the age of criminal responsibility by Abbie O'Brien on SBS News

'Landmark' verdicts like Chauvin murder conviction make history – but court cases alone don't transform society by Jennifer Reynolds on The Conversation

The challenge for courts in a moderately rigid constitution by Scott Stephenson in Melbourne University Law Review (advance) - "A moderately rigid constitution weakens the normative case for the judiciary to develop the constitution to, for example, expand protection for rights and freedoms, yet places considerable practical demands on courts to undertake such developments."

International law and the provocation of the digital presented by Fleur Johns, Annual Kirby Lecture in International Law

Law in Action (BBC) presented by Joshua Rozenberg - E-scooting through the law

Law Report (ABC) for 6 July presented by Damian Carrick - Bougainville independence talks underway. And are judges too lenient when sentencing sex offenders?

The new Sex Discrimination Bill : reforming Australia's workplaces by Dianne Banks, James Pomeroy, Kaushalya Mataraaratchi and Tom Brett of Gilbert + Tobin - considers the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Cth)

Pub serves a timely reminder of "actual and physical use" when proving existing use rights by John Paul Merlino and Liam Fairgrieve of HWL Ebsworth - considers Blues Point Hotel Property Pty Ltd v North Sydney Council [2021] NSWLEC 27

Unconscionable conduct and the Quantum realm by Shaun Temby, Christopher Marsh and Naini Rautela of Maddocks - considers Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd [2021] FCAFC 40

Voice, treaty, truth : why does truth come third? - Professor Megan Davis, Professor Kate Fullagar, Professor Mark McKenna, and Eddie Synot explore the role of history and truth in the Uluru Statement from the Heart, hosted by Indigenous Law Centre

The Australian Academy of Law and the the Selden Society (Australia) are running a book event for Gideon Haigh's book The Brilliant Boy, called Mrs Chester's lost child : inconsolable psychological injury and Evatt J's finest judgement.

It will be held on Wednesday 14 July 2021 at 5.30 pm.

Register for free here.

The library will be closed to visitors until 16 July 2021. 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.

City of Parramatta Council v Sydney Trees Excavation and Demolition Pty Ltd [2021] NSWLEC 71 - environmental offences, "state of mind of offender at the time of the commission of the offences"

Kong v Yan [2021] SASC 82 - private international law, choice of law and succession

Kumova v Davison [2021] FCA 753 - defamation, whether Twitter user a journalist

Bills assented to

Building Legislation Amendment Act 2021 No 21 — assented to 05 July 2021

We have a collection of .pdf unreported judgments that are available remotely via the library catalogue, just go here, log into the catalogue as yourself and then search for the case (best approach is to put the most distinctive word from the party name in the parties field). Note that you can narrow by year etc on the right hand side of the page. Once you have found the judgment click on the icon that looks like a white page with a red e on it.

Ceremonial sitting of the Full Court of the Federal Court of Australia to welcome the Honourable Justice Cheeseman - transcript of proceedings

Comparative legal systems : juries and triers of fact in various contexts by Christie S Warren in Oxford Constitutional Law - considers legal systems

The decision is in – High Court confirms business interruption insurance exclusion unenforceable by Howard Rapke and Jessica Tsiakis of Holding Redlich - considers the High Court Special Leave application results in HDI Global Specialty SE & Anor v Wonkana No 3 Pty Limited trading as Austin Tourist Park & Ors

Government decision-making – climate change and Australian children by Kate Swain of McCullough Robertson - considers Sharma v Minister for the Environment [2021] FCA 560

Law Report (ABC) for 29 June presented by Damien Carrick - Overwhelming support for constitutionally enshrined indigenous voice

Popular culture in the English Court of Appeal by Tom O'Malley on Sentencing, Crime and Justice - considers Chipunza v R [2021] EWCA Crim 597

Stating it simply : a comparative study of the quantitative readability of apex court decisions from Canada, Australia, South Africa, the UK, and the USA by Mike Madden in North Carolina Journal of Law and Technology (forthcoming) - considers the quantitative readability levels of apex court decisions

Bills assented to

Appropriation Act 2021 No 18 — assented to 28 June 2021

Appropriation (Parliament) Act 2021 No 19 — assented to 28 June 2021

Electoral Legislation Amendment (Local Government Elections) Act 2021 No 20 — assented to 28 June 2021

Adelaide's 'Big Bird Bandits' appear in court charged with stealing Sesame Street costume by Alina Eacott on ABC News

Coercive control should be a crime to stop ‘deathly pandemic’ of domestic violence, NSW MPs say on The Guardian

Germany passes new citizenship law for descendants of Nazi victims on BBC News

The Parliament of New South Wales Joint Select Committee on Coercive Control has released its report called Coercive control in domestic relationships, June 2021, see it here.

Commonwealth of Australia v AJL20 [2021] HCA 21 - immigration

Price v Spoor [2021] HCA 20 - limitation of actions, mortgages

Have your say on the New South Wales Law Reform Commission's Open justice review - Court and tribunal information : access, disclosure and publication.

Views on the draft proposals are due by Monday 2 August 2021. See details here.

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.

We subscribe to Lexis Red, a service that enables you to access LexisNexis loose-leaf services remotely on your desktop computer, laptop or tablet.

To subscribe just email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform.

For more information see our Lexis Red Guide.

The library will be closed to visitors from Monday 28 June 2021 to Friday 9 July 2021. 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 following week.

The library will be closed to visitors from Monday 28 June 2021 to Friday 2 July 2021. 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 following week.

The Australian National University if running a webinar called 15 Glimpses of James Crawford : an ANZSIL Tribute on the 6th of July at 6 pm.

Register for free here.

The Australian Law Reform Commission is running a webinar called Judicial Impartiality Q&A : Exploring Viewpoints on Monday 19 July 2021 from 1 – 2.30 pm.

Register for free here.

Church of the Flying Spaghetti Monster loses bid for legal recognition as incorporated entity by Daniel Keane on ABC News

French court dog helps soothe anxious victims of crime by Chris Bockman on BBC News

High Court to decide if Australia's 'backpacker tax' discriminates against workers based on nationality by Elizabeth Byrne on ABC News

Law Council of Australia calls for independent body to hear complaints against judges in family law matters by Nino Bucci on The Guardian

Legal experts worldwide draw up 'historic' definition of ecocide by Haroon Siddique on The Guardian