The Library Bulletin

The Human Rights and Technology Final Report from the Australian Human Rights Commission is available here, it is the culmination of a three-year national investigation into human rights risks posed by new and emerging technologies.

Law Institute journal, June 2021, a government lawyers special edition, is available as a PDF or flipbook here.

Civil procedure : the White Book service 2021 / Lord Justice Jackson

Corporate criminal liability (4th ed) / Amanda Pinto and Martin Evans

Disciplining judges : contemporary challenges and controversies / Richard Devlin and Sheila Wildeman (eds)

Law of artificial intelligence / Matt Hervey and Matthew Lavy (eds)

Sport : law and practice (4th ed) / Adam Lewis and Jonathan Taylor

Extraterritorial human rights obligations between a rock and a hard place - diverging jurisprudence at the ECtHR and the UN by Lea Raible at University of Oxford

Gertie's Law - Barry from the Supreme Court of Victoria - looks at Sir Redmond Barry, best known for sentencing Ned Kelly to death

Law Report (ABC) for 25 May presented by Damien Carrick - Victoria's Yoo-rrook Justice Commission and new research on Magistrate stress levels

Legal history : the point of it all by Paul J du Plessis in Edinburgh student law review, Volume 4(2) p 1 - discusses the importance of legal history

The relationship between the Royal prerogative and statute in Australia by Peta Stephenson in Melbourne University law review, Vol 44(3) (advance copy) - analyses the 'displacement principle' with respect to prerogative power and how it interacts with statutory interpretation principles

Will social media send you bonkers? by Dianne Banks and Peter Waters of Gilbert + Tobin - considers the impact of social media on mental health

An affront to justice by Joshua Rozenberg on The Critic

Australian court finds government has duty to protect young people from climate crisis by Adam Morton on The Guardian

Calls for independent review into Australian judge and barrister's undeclared relationship by Nino Bucci on The Guardian

Court orders Shell to slash emissions in historic ruling by Maxine Joselow in Scientific American

Sweeping changes to consent laws in NSW an 'important step' towards addressing sexual violence by Jennifer Scherer on SBS News

Hazell v Sewell [2021] FCAFC 76 - Live Performance Award 2010 applied to a DJ who plays/performs at private functions

R v Holmes (No 7) [2021] NSWSC 570 - rejects earlier authority on the interpretation of NSW legislation about entitlement to a reduction in sentence for an offer to plead guilty to an alternative offence

Re. A Costs Appellant Carer (a pseudonym) v The Secretary, Department of Communities and Justice [2021] NSWDC 197 - exceptional circumstances

Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560 - "whether the Minister for the Environment owes Australian children a duty of care when approving under s 130 and s 133 of the EPBC Act the extraction of coal from a coal mine – risk of injury from climate change"

Sidoti v Hardy [2021] NSWCA 105 - "adverse possession of small portion of a 'dunny lane'", appeal dismissed

The NSW Sentencing Council was asked to review sentencing for murder and manslaughter, including the penalties imposed for domestic and family violence homicides and the standard non-parole periods for murder.

The final report, called Homicide, May 2021 is available here.

Alternative law journal, Volume 46(1), 2021 - in this issue : Ensuring access to justice for women experiencing family violence beyond the pandemic Kate Fitz-Gibbon and Naomi Pfitzner / Protecting the rights of LGBTIQ people around the world : beyond marriage equality and the decriminalisation of homosexuality Paula Gerber, Senthorun Raj, Cai WIlkinson and Anthony Langlois / Death sentencing by Zoom : an actor-network theory analysis Milena Heinsch, Tania Sourdin, Caragh Brosnan and Hannah Cootes / Human rights guidance for Australian prisons: Complementing implementation of the OPCAT Anita Mackay / Integrated domestic violence services : a case study in police/NGO co-location Trish Mundy and Nan Seuffert / Intimate partner homicide and DV victims : a case for compassionate sentencing Emma Roff / A problem-solving approach to criminalised women in the Australian context Megan Beatrice / Over-regulation of Indigenous law? The Burial and Cremation Bill 2019 (NT) Stephen Gray / Certification marks for Australian native foods : a proposal for Indigenous ownership of intellectual property David J Jefferson / The right to erasure : comparative perspectives on an emerging privacy right Joanna Connolly / Bringing linguistic research into legal scholarship and practice Alexandra Grey and Laura Smith-Khan / The value of wildlife in international environmental law Kaitlin Bakken / Barefoot with a 'band of criminals' : law and the social life of objects in a street magician's bag Dikshit Sarma Bhagabati and Malini Chidambaram

Criminal law review, Issue 4, 2021 - in this issue : Mental health and criminal justice David Ormerod / De-risking the release of terrorist prisoners Clive Walker and Oona Cawley / Lies, Lucas and silence Katharine Grevling / Deferred prosecution agreements : the latest developments Karl Laird / Animal welfare : Highbury Poultry Farm Produce Ltd v Crown Prosecution Service; R (on the application of Highbury Poultry Farm Produce Ltd) v Telford Magistrates' Court Karl Laird / Bad character evidence : R v A Matt Thomason / Disclosure order : Faerman v Director of the Serious Fraud Office Karl Laird / Evidence : R v Crampton (Mark) Andrew Roberts / Identification evidence : R v Smith (David James) John Taggart / Improper use of public communications network : Scottow v Crown Prosecution Service Dennis J Baker / Sentencing : R v Walton (David) Lyndon Harris / Sentencing : R v Jones (Reece Dylan) Lyndon Harris / Sentencing : Attorney General's Reference No.688 of 2019 (R v McCann); Attorney General's Reference No.5 of 2020 (R v Sinaga); R v Shah (Manish) Umar Azmeh

Commonwealth law reports, Volume 267(4), May 2021 - in this issue : Coughland v The Queen / Mann v Paterson Constructions Pty Ltd / Rinehart v Hancock Prospecting Pty Ltd

South Australian state reports, Volume 138(3), May 2021 - in this issue : Chattaway v Minister for Health and Wellbeing / Chatterton v Police / MDM v The Queen / Sullivan v Doherty / Zheng v Commissioner of Australian Federal Police

Bills assented to

Local Government Amendment Act 2021 No 11 — assented to 24 May 2021

Payroll Tax Amendment (Jobs Plus) Act 2021 No 12 — assented to 24 May 2021

Real Property Amendment (Certificates of Title) Act 2021 No 10 — assented to 24 May 2021

Ceremonial sitting of the Federal Court of Australia Full Court to welcome the Honourable Justice Halley, held 20 April 2021

Courts of dignity : replacing punishment with compassion by Meaghan Winter on Psychotherapy Networker - considers integration of trauma-informed care into the justice system, therapeutic justice relies on treating an individual's underlying mental health conditions, rather than simply doling out punishment

Gertie's Law Podcast from the Supreme Court of Victoria - Defamation

The Kerr Report's vision for the Administrative Review Council and the (sad) modern reality by Narelle Beford on Aus Pub Law - examines whether Australian administrative law is still fit for purpose

Law Report (ABC) for 18 May presented by Damian Carrick - Improving the justice system for sexual assault survivors

The pernicious habit on Strictly obiter - looks at law reporting and the citation of cases

The role of prime minister from Gladstone to Johnson on Black's History Week - Professor Jeremy Black and Graham Stewart discuss how the role of prime minister has evolved from the tenure of William Ewart Gladstone to Boris Johnson

Will the real trustee please stand up? The standing of beneficiaries to remove trustees of discretionary trusts by Andrew Lacey of McCabe Curwood - considers In the matter of Reserve Hotels Pty Limited [2021] NSWSC 376

China introduces controversial law penalising binge-eating by Patricia Karvelas on RN Drive (ABC)

Deliveroo loses unfair dismissal case in decision with 'huge implications' for Australia's gig workers on SBS News

High Court casts doubt on media companies' claim of not being responsible for defamatory comments on social media posts by Paul Karp on The Guardian

If a satellite falls on your house, space law protects you – but there are no legal penalties for leaving junk in orbit by Timiebi Aganaba on The Conversation

Judge's 'deplorable' seven-year delay in reaching child-custody decision led to errors, court finds by Nino Bucci on The Guardian

A Victorian logging company just won a controversial court appeal. Here's what it means for forest wildlife by Brendan Wintle, Laura Schuijers and Sarah Bekessy on The Conversation

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511 - cartel conduct, privilege, implied waiver, Competition and Consumer Act 2010 (Cth) ss 44ZZRF and 44ZZRG (repealed), 45

Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 - "Mr Franco was an employee of Deliveroo, and he was dismissed unfairly"

Goyal v West [2021] NSWSC 526 - Retirement Villages Act 1999 (NSW), s 182G, priority of interests

Jones v Zurich Insurance Plc [2021] EWHC 1320 (Comm) - exchanges "show what became a recurring theme during Mr Jones' evidence – an unwillingness to answer questions where he perceived a truthful answer would damage his case and an unwillingness to concede points that he likewise perceived to be damaging."

MZAPC v Minister for Immigration and Border Protection & Anor [2021] HCA 17 - immigration, refugees, protection visas

Newman v Minister for Health and Aged Care [2021] FCA 517 - India travel ban case

Talacko v Talacko [2021] HCA 15 - tort, "unlawful means conspiracy"

Zhang v Commissioner of Police [2021] HCA 16 - search warrants

Federal Court reports, Volume 278(1), May 2021 - in this issue : Jadwan Pty Ltd v Rae and Partners (a firm)

New South Wales law reports, Volume 103(3), May 2021 - in this issue : Alexandria Landfill Pty Ltd v Transport for NSW / Gwe v Commissioner of the Australian Federal Police / Gwe v Commissioner of the Australian Federal Police (No 2) / Macquarie International Health Clinic Pty Ltd v Sydney Local Health District / Singh v Lynch / Wany v Director of Public Prosecutions (NSW) / Wigmans v AMP Ltd

Australian immigration companion (9th ed) / Rodger Fernandez, Murray Gerkens, Janelle Kenny, Sherene Ozyurek, Dominic Yau

Australian medical liability (4th ed) / Bill Madden, Janine McIlwraith and Benjamin Madden

Banking law in Australia (10th ed) / Alan L Tyree

Law of reinsurance (3rd ed) / Colin Edelman and Andrew Burns

Power and consent / Rachel Doyle

Securities and financial services law (10th ed) / Robert Baxt, Ashley Black and Pamela Hanrahan

AGL takes Greenpeace to court over use of its logo in 'biggest climate polluter' campaign by Lisa Cox on The Guardian

Campus free speech law in England 'likely to have opposite effect' by Richard Adams on The Guardian

Federal Court overturns ruling state logger breached environmental laws by Emma Field on ABC News

Kids are taking governments to court over climate. And they are starting to win by Ivana Kottasová on CNN

New law allows Australian government to indefinitely detain refugees by Ben Doherty on The Guardian

New York's highest court will hear Happy the elephant's case by Gabrielle Fonrouge on New York Post

Part of the legal challenge to the India travel ban has been comprehensively defeated — here's why by Anne Twomey on The Conversation

Telstra fined $50 million over unconscionable treatment of Indigenous phone plan customers by Amy Bainbridge and Leonie Thorne on ABC News

Tintin heirs lose legal battle over artist's Edward Hopper mashups by Alison Flood on The Guardian

UK unveils law to fine social media firms which fail to remove online abuse by Michael Holden on IT News

Welcome step for welfare as new UK law to formally recognise animal sentience by Eleanor Jones on Horse and Hound

Australian Competition and Consumer Commission v Telstra Corporation Limited [2021] FCA 502 - admitted contraventions of s 21 of Australian Consumer Law

Courtney v Pinnacle Media Group Ltd & Ors [2021] QSC 91 - a meditation on the difference between being a 'hit and run' driver and a 'hit and walk' driver

Schneider v Kemeny; Kemeny v Schneider [2021] NSWSC 524 - succession, family provision, claim by second husband, disparity of assets on marriage, plaintiff did not have 'primacy in fact'

VicForests v Friends of Leadbeater's Possum Inc [2021] FCAFC 66 - the clearing of native forests under Regional Forestry Agreements remain exempt from federal environment laws

ABA Podcast #2 - Eliminating sexual harassment at the bar - power and consent - Matthew Howard SC and Kate Eastman SC speak with Rachel Doyle QC (Barrister at the Victorian Bar) about her book "Power and consent"

Before the High Court : liability for the publication of third party comments : Fairfax Media Publications Pty Ltd v Voller by David Rolph, Sydney law review, Volume 43(2) (advance) - "argues that the media outlets may not be liable for the third party comments, at least in the absence of actual notice, by virtue of publication by omission, the proper juridical basis of which is the defendant's continuation of a third party's wrong"

Gertie's law podcast, 11 May 2021 - Manslaughter

Hart and Kelsen on international law by Professor David Dyzenhaus at University of Oxford - discusses the theories of Hart and Kelsen

Institutional adaptation and the administrative state by Yee-Fui Ng in Melbourne University law review, (2021) 44(3) (advance copy) - explores adaptation and change in the Australian administrative state (drawing on insights from historical institutionalism), "the seismic changes to executive structure and operation in the form of privatisation and outsourcing have only been partially adapted to the constitutional scheme, with a drastic reduction of legal accountability via judicial review"

Introductory remarks : Murder at Myall Creek lecture by the Honourable T F Bathurst AC at the Racial Equity Seminar - introduction to a lecture by Mr Mark Tedeschi AM QC on his book, "Murder at Myall Creek". A video of the presentation can be accessed here

Law Report (ABC) for 11 May presented by Damian Carrick - Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule

Legislative morass and the rule of law: a warning, and some possible solutions by William Isdale and Christopher Ash on Aus Pub Law - "The use (and abuse) of statutory law-making raises significant public law questions, particularly relating to the rule of law."

The many hats of Samuel Griffith, speech by The Hon Justice Andrew Greenwood, 11 May 2021

Misuse of market power – the first outcome for 'likely effect' by Joanne Jary and Nathan Cecil of Holding Redlich - the Federal Court declared by consent that Tasmanian Ports Corporation Pty Ltd engaged in conduct that had the 'likely effect' of substantially lessening competition in the markets for towage and pilotage services in Northern Tasmania

Should UK judges and ex-judges be sitting in Hong Kong? - Inner Temple Social Context of the Law Lecture by The Rt Hon Lord Neuberger of Abbotsbury and The Rt Hon The Lord Falconer of Thoroton, moderated by Guy Fetherstonhaugh QC

Surmounting the high bar : the Supreme Court sets aside deed under the Contracts Review Act by Guy Lewis of McCabe Curwood - considers In the matter of Reserve Hotels Pty Limited [2021] NSWSC 376

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - After midnight : William Broome - the British colonial judge who stayed on in independent India - discussion with Douglas McDonald-Norman

In progress

Better Regulation Legislation Amendment (Miscellaneous) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 12 May 2021

Building Legislation Amendment Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 12 May 2021

Children's Guardian Amendment (Child Safe Scheme) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 12 May 2021

Coal and Gas Legislation Amendment (Liverpool Plains Prohibition) Bill 2021 - in Legislative Council, referred to committee for inquiry and report, Tue 11 May 2021

Greyhound Racing Amendment (Whole-of-life Tracking) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 12 May 2021

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct - Property Developers) Bill 2021 - in Legislative Assembly, 2R debate, debate interrupted, Thu 13 May 2021

Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Thu 13 May 2021

Mandatory Disease Testing Bill 2020 - in Legislative Assembly, to be reported, Thu 13 May 2021

Petroleum (Onshore) Amendment (Cancellation of Zombie Petroleum Exploration Licences) Bill 2020 - in Legislative Council, referred to committee for inquiry and report, Tue 11 May 2021

Protection of the Environment Operations Amendment (Clean Air) Bill 2021 - in Legislative Council, referred to committee for inquiry and report, Tue 11 May 2021

Residential Tenancies Amendment (Reasons for Termination) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Thu 13 May 2021

Statute Law (Miscellaneous Provisions) Bill 2021 - in Legislative Council, awaiting mover's 2R speech, set down for a later hour of the sitting, Wed 12 May 2021

Tax Administration Amendment (Combating Wage Theft) Bill 2021 - in Legislative Council, referred to committee for inquiry and report, Tue 11 May 2021

Negatived

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2020 - negatived, Thu 13 May 2021

Awaiting assent

Local Government Amendment Bill 2021 - awaiting assent, Thu 13 May 2021

Payroll Tax Amendment (Jobs Plus) Bill 2021 - awaiting assent, Thu 13 May 2021

Real Property Amendment (Certificates of Title) Bill 2021 - awaiting assent, Tue 11 May 2021

Notice of motion

Luna Park Ghost Train Fire Commission of Inquiry Bill 2021 - in Legislative Council, notice of motion, Tue 11 May 2021

National Parks and Wildlife Amendment (Great Koala National Park) Bill 2021 - in Legislative Council, notice of motion, Thu 13 May 2021

Federal Court reports, Volume 277(4), May 2021 - in this issue : APE16 v Minister for Home Affairs / Australian Brumby Alliance Inc v Parks Victoria Inc / CRU18 v Minister for Home Affairs / Hughes v Hill / Leone v Minister for Home Affairs / Page v Sydney Seaplanes Pty Ltd / Umi v Minister for Home Affairs

LSJ, Issue 77, May 2021 - in this issue : Chief Judge : 'We need to be more climate conscious' Kirrily Schwarz / Six minutes with Joshua Wong Floyd Alexander-Hunt / NSW Chief Justice warns against erroneous use of 'rule of law' argument / Defamation reforms to commence in three states / I didn't quite catch your name... who are you? The problem with identification Paul Monaghan / Police targeting of NSW solicitor 'completely unacceptable' / NSW Government urged to introduce protections for religious discrimination / An act of parity Kieran Pender / At lunch with... Judge Roy Ferguson Kate Allman / A country practice - Peter Long / The bounce back Katrina Lobley / Across the ages Angela Tufvesson / Admitting the difference Kirrily Schwarz / The let down Angela Heise / Getting to the heart of the matter Kirrily Schwarz / Alarm over AstraZeneca : what are the health risks for you? Amy Dale and Kate Allman / How often should I work out? Ben Putland / The case that changed me - Paul Doolan Floyd Alexander-Hunt / Respect@Work : what's it going to take? Maria Nawaz / Vaccine equity and the case for limiting patent rights Dr Dillan Thampapillai / Identifying and reporting on ESG risk in the midst of a pandemic Dr Phoebe Wynn-Pope, Heidi Roberts and Sophie Uhlhorn / Let's keep it casual : a modern take on an old concept Jack de Flamingh and Chris Bell / Maximising value from corporate data while protecting against privacy risks Anna Johnston / Caveats in PEXA : buyers (and solicitors) beware Jen McMillan / Native title : protecting culturally significant sites from development Shane Roberts and Graham Carter / The Montara Oil Spill class action - 'the obvious cannot be ignored' Richard Ryan and Ellen Parry / Animal law update : positive changes for animals in 2021 Giulia Prosperi-Porta and Rishuka Pai / The latest from the High Court Dr Michelle Sharp / The latest from the Federal Court Anthony Lo Surdo SC and Theresa Power / New South Wales Court of Appeal Anthony Lo Surdo SC and Joanne Shepard / Criminal law Thomas Spohr / Family law Craig Nicol and Keleigh Robinson / Elder law and succession Darryl Browne

Amendment to the Uniform Civil Procedure Rules - the Uniform Civil Procedure (Amendment No 95) Rule 2021 amends Rules 3.10 and 7.11, published LW 7 May 2021

Proof : how to analyse evidence in preparation for trial (4th ed) / Andrew Palmer

Theobald on wills (19th ed) / Alexander Learmonth, Julia Clarke, Karen Shuman, Charlotte Ford and Thomas Fletcher

'Apartheid' claim, Israel and the verdict of international law by on The Conversation (UK)

Attempt to trademark 'Always Was Always Will Be' highlights copyright issues facing Aboriginal communities by Joseph Dunstan on ABC News

Brisbane father of two claims $2m in damages after being jailed by judge during family law hearing by Christopher Knaus on The Guardian

Kakadu sacred site dispute could play out in High Court by Melissa Mackay on ABC News

NI 100 : Tracing the history of the 100-year-old Irish border by Eimear Flanagan on BBC News NI

'Self-driving' cars to be allowed on UK roads this year by Cristina Criddle on BBC News

Traditional owners to close Kakadu site over 'lack of respect' for sacred areas by Parks Australia by Chelsea Heaney on ABC News

Why are Apple and Epic going to court over Fortnite currency? by Alex Hern on The Guardian