The Library Bulletin

Ethics : Client identification and other ethical dilemmas in property law by Ben Bradley at Greenway Chambers - considers ethical dilemmas in property law

"Judicial independence – from what and to what end?", by Chief Justice Kiefel AC at the Austin Asche Oration, Australian Academy of Law and Charles Darwin University

Lady Justice : Women of the Court Podcast, Episode 08 : A path to well-being and civility - Justices Rhonda Wood of Arkansas, Bridget McCormack (Chief Justice) of Michigan, Eva Guzman of Texas and Beth Walker of West Virginia discuss well-being and civility

Law Pod UK Episode 143 : Henry VIII Powers undermining parliamentary supremacy - Rosalind English, Sarabjit Singh and Isabel McArdle discuss a number of laws containing "Henry VIII" powers which allow ministers to avoid full parliamentary debate

Law Report (ABC) for 4 May presented by Damien Carrick - Drug driving truckies and outraging public decency

Online tribunal judgments and the limits of open justice by Zoe Adams, Abi Adams-Prassl and Jeremias Adams-Prassl on SSRN - explores the implications of decisions increasingly being available

Personal or political patronage? Judicial appointments and justice loyalty in the High Court of Australia by Patrick Leslie, Zoe Robinson and Russell Smyth on SSRN - examines "whether Justices appointed to the High Court of Australia are more likely to find in favour of the federal government when the Prime Minister who appointed them is in office than when subsequent Prime Ministers are in office, over the period 1995 to 2019"

Where the cause of psychological sequelae following an accident changes, so too may the entitlement to damages by Rihab Abdul-Rahman of McCabe Curwood - considers Dungan v Padash [2021] NSWCA 66

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 - the Minister, in assuming (incorrectly) that the respondent was an unauthorised maritime arrival, formed an erroneous state of mind on the basis of a legal (and therefore jurisdictional), rather than factual error

Niz-Chavez v Garland, Supreme Court of the United States, Slip Opinion No. 19–863, April 29, 2021 - "At one level, today’s dispute may seem semantic, focused on a single word, a small one at that. But words are how the law constrains power. In this case, the law's terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him. If men must turn square corners when they deal with the government, it cannot be too much to expect the government to turn square corners when it deals with them"

Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 - copyright, infringement, "musical work and literary work constituted by a famous rock song used in multi-media advertisements for a political party in an election campaign"

Awaiting assent

Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021 - awaiting assent, Thu 6 May 2021

In progress

Canterbury Park Racecourse (Sale and Redevelopment Moratorium) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Thu 6 May 2021

Civil Liability Amendment (Child Abuse) Bill 2021 - in Legislative Council, awaiting minister's 2R speech, Wed 5 May 2021

Coal and Gas Legislation Amendment (Liverpool Plains Prohibition) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 5 May 2021

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2020 - in Legislative Assembly, 2R debate, debate interrupted, Thu 6 May 2021

Payroll Tax Amendment (Jobs Plus) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 5 May 2021

Petroleum (Onshore) Amendment (Cancellation of Zombie Petroleum Exploration Licences) Bill 2020 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 5 May 2021

Protection of the Environment Operations Amendment (Clean Air) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 5 May 2021

Residential Tenancies Amendment (Reasons for Termination) Bill 2021 - in Legislative Assembly, 2R speech, interrupted mover's 2R speech, Thu 6 May 2021

Statute Law (Miscellaneous Provisions) Bill 2021 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Wed 5 May 2021

Tax Administration Amendment (Combating Wage Theft) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Thu 6 May 2021

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 - in Legislative Council, awaiting 2R debate, debate adjourned 5 calendar days, Wed 5 May 2021

Notice of motion

State Insurance and Care Governance Amendment (Employees) Bill 2021 - in Legislative Council, notice of notion, Thu 6 May 2021

Federal Court reports, Volume 277(3), April 2021 - in this issue : AAL19 v Minister for Home Affairs / Australian Securities and Investments Commission v Westpac Banking Corporation / BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs / Clifton v Kerry J Investments Pty Ltd (No 2)

State reports (Western Australia), Volume 102(3), May 2021 - in this issue : Engwirda v Owners, Queens Riverside Strata Plan 55728 / Evans v Imperial Pools / Janeba v Owners, Bulimba Grove Villa Strata PLan 3266 / Watson v Sporting Shooters Association of Australia (WA) Inc

Gianacopoulos v DJJ Promotions P/L [2021] VSC 203 - "The result is an eyesore and a monument to human obstinacy"

Hamilton & others v Post Office Limited [2021] EWCA Crim 577 - see background The Post Office Horizon IT scandal and the presumption of the dependability of computer evidence by James Christie

Lamb v Campbell [2021] NSWCATAD 103 - racial vilification, "The words used by Mr Campbell were vile, racist and homophobic. Mr Lamb did nothing to invite or deserve the tirade visited upon him. Mr Lamb commenced proceedings against Mr Campbell under the Anti-Discrimination Act 1977 (NSW) because he feels that as an Aboriginal Elder he has a responsibility to show his family and people in the community that racism is not acceptable and should never be tolerated"

Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67 - "whether excessive judicial questioning of experts – whether real danger that trial was unfair"

R v Desautel 2021 SCC 17 - Supreme Court of Canada rules that non-citizens and non-residents can claim an Aboriginal right under the Constitution, see summary here

SDCV v Director-General of Security [2021] FCAFC 51 - constitutional challenge to secret evidence laws in the intelligence context rejected

Treaty Land Entitlement Committee Inc v Canada 2021 FC 329 - releases which prevent Manitoba First Nations to sue Canada over Treaty Land Entitlement are void and ineffective. For the first time, the Court has published summaries of a decision in three Indigenous languages : Ojibwe, Oji-Cree and Cree, see here

The Australian Law Reform Commission has released it's consultation paper Judicial Impartiality: Consultation Paper (CP 1, 2021), they are seeking submissions.

Submissions are due to the ALRC by 30 June 2021.

Are foreign arbitration clauses in online contracts enforceable? by Geoff Farnsworth and Melanie Long of Holding Redlich - considers Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846

Can you believe sex is immutable? by Joshua Rozenberg on A Lawyer Writes - "Is a belief that sex is different from gender so extreme that it’s unworthy of respect in a democratic society?"

Choice of forum clause pauses Epic and Apple's local Fortnite match by Luke Dale and Nikki Macor Heath of HWL Ebsworth - considers Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338

Debating the law, creating gender by Professor Irene Schneider as part of the MEC Women's Rights Research Seminars, University of Oxford

Ethics, professional development, and accountability (JI5) - one in a series of background papers produced by the Australian Law Reform Commission as part of its Review of Judicial Impartiality

Judicial independence – from what and to what end? by Hon Susan Kiefel AC at Austin Asche Oration – Darwin

Judicial review reform IV : Culture war? Two visions of the UK constitution by Mark Elliott on Public Law for Everyone - argues that the position staked out by the Government in its Response brings into focus two competing visions of the UK constitution

Law Report (ABC) for 28 April presented by Damien Carrick - Australia's whistle-blower protection laws. And is it time for a vaccine injury compensation scheme?

Wars, pandemics and emergencies : what can history tell us about executive power and surveillance in times of crisis? by Yee-Fui Ng and Stephen Gray in University of New South Wales law journal, Volume 44 No 1

Democrats to introduce bill to expand Supreme Court from 9 to 13 justices by Sahil Kapur on NBC News

Dog owner threatens High Court action to keep his 'babies' in luxury Gold Coast high-rise by Tom Forbes and Caitlyn Sheehan on ABC News

'Frightened to death' : cheerleader speech case Gives Supreme Court pause by Nina Totenberg on All Things Considered Lawmakers take closer look at law banning air fresheners by Tin Harlow in the Minneapolis Star Tribune

Michael Jackson's companies had no legal duty to protect Australian Wade Robson from alleged sexual abuse, judge rules on ABC News

The simple principle that can fix American law by Aaron Tang on The Atlantic

Split-second decisions : how a Supreme Court case shaped modern policing by David D Kirkpatrick in the New York Times

Survivors of the Stolen Generations are suing the federal government for their forcible removals on SBS News

WA magistrate convicts 18yo 'sovereign citizen' after she refuses to tell court her name by Georgia Loney on ABC News

Australian commercial law (33rd ed) / Clive Turner and John Trone

Commercial applications of company law (22nd ed) / Pamela Hanrahan, Ian Ramsay and Geof Stapledon

Corporations legislation 2021 / Edmund Finnane and Jason Harris [annotations]

Criminal laws : Northern Territory (3rd ed) / Stephen Gray, Jenny Blokland, Ben Grimes and Julian R Murphy

Cybercrime : legislation, cases and commentary (2nd ed) / Gregor Urbas

Estate planning : a practical guide for estate and financial service professionals (5th ed) / Kevin Perkins and Robert Monahan

Principles of civil litigation (4th ed) / David Bamford and Mark J Rankin

Proclamations commencing Acts

Justice Legislation Amendment Act (No 2) 2019 No 20 — 30 April 2021 appointed as the day on which the uncommenced provisions of the Act commence, published LW 30 April 2021

District Court law reports (NSW), Volume 32(4), April 2021 - in this issue : AHern v Aon Risk Services Australia Ltd (No 2) / Burns v Gaynor (No 2) / Chapman v Cover-More Insurance Services Pty Ltd / Learmont v SAS Trustee Corporation / Martrat Pty Ltd (t/as Huxley Hill & Associates) v Murphy / R v DLW (no 2) / R v RB; Attorney-General (NSW) as INtervenor

Federal Court reports, Vol 277(2), April 2021 - in this issue : AEM20 v Minister for Home Affairs / Australian Building and Construction Commissioner v Molina / CMU16 v Minister for Immigration and Border Protection / Patents, Commissioner of v Rokt Pte Ltd / Roberts v Attorney-General (NSW) / Roberts-Smith v Fairfax Media Publications Pty Ltd (No 4) / Watson v Federal Commissioner of Taxation

New South Wales law reports, Volume 103(2), April 2021 - in this issue : Feldman v Nationwide News Pty Ltd / Ilic v R / Lawrence v State of New SOuth Wales / Liprini v Hale / RD Miller Pty Ltd v Roads and Maritime Services NSW / Safework NSW v BOC Ltd / Vickery v The Owners - Strata Plan No 80412

Australian law journal, Volume 95(4), April 2021 - in this issue : Current issues Justice François Kunc (ed) Family court merger becomes a reality, Australia at the UN Human Rights Council, A federal judicial commission, Choice of counsel a fundamental matter, The end of the Cardinal Pell media saga, A turn up for the books?, Anzac lawyers, Remembering the Hon Mr Justice Russell Le Gay Brereton Paul Brereton AM RFD / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) The limits of expert's participation in a leasing dispute W D Duncan / Constitutional law Anne Twomey (ed) Who is responsible for quarantine under the constitution? Anne Twomey / From Middle East battlefields to the war crimes tribunals in Borneo : the war letters of the Hon Justice Russell Le Gay Brereton, 1940–1946 Tony Cunneen / Glory without power : the nationhood power and commonwealth spending on sport Daniel Goldsworthy / The power of national uniform legislation : what is its rate of proliferation and what factors are driving it? Guzyal Hill and John Garrick / The King v Smail Golden Jubilee : the failure of the High Court to develop and clarify the law of the Torrens volunteer is no cause for jubilation M M Park and Serene Ho

Public law, April 2021 - in this issue : Exposure to coronavirus in adult social care settings : a matter of safety or safeguarding? Alison Tarrant and Lydia Hayes / The Manx emergency of 2020 : dealing with a global pandemic as a small island democracy Peter W Edge / Stamping out COVID-19 in New Zealand : legal pragmatism and democratic legitimacy Dean R Knight / "All I can do is ask" : COVID-19, lockdowns without law, and constitutionalism in Japan James C Fisher / Comparative constitutional and administrative law in Hong Kong: in search of coherence Thomas K Y Yeon and TRevor T W Wan / Can Hong Kong remain a liberal enclave within China? Analysis of the Hong Kong National Security Law Cora Chan / Unionism in the courts? A critique of the Act of Union Bill Gregory Davies and Daniel Wincott / Judicial discretion and the declaration of incompatibility: constitutional considerations in controversial cases Elizabeth Adams / Appellate standard of review in public law cases Paul Daly / The resilience of executive dominance in Westminster systems : Ireland 2016-2019 David Kenny and Conor Casey / Proscription by proxy : the banning of foreign groups Ahmed Almutawa and Clive Walker

University of New South Wales law journal, Volume 44(1), 2021 - in this issue : The 2018 Australian High Court constitutional term : placing the court in its inter-institutional context Gabrielle Appleby / 'Corporate culture' is the 'new black' – its possibilities and limits as a regulatory mechanism for corporations and financial institutions Vicky Comino / Social entrapment evidence : understanding its role in self-defence cases involving intimate partner violence Heather Douglas, Stella Tarrant and Julia Tolmie / The Australian government's use of the military in an emergency and the constitution Anthony Gray / Trade mark law's identity crisis (part 1) Michael Handler / Regulating financial advisers in the UK : lessons for Australia Weiping He and Han-Wei Liu / Legal challenges to ICU triage decisions in the COVID-19 pandemic : how effectively does the law regulate bedside rationing decisions in Australia? Eliana Close, Simon Young, Tina Cockburn, Lindy Willmott and Ben P White / COVID-19 and sites of confinement : public health, disposable lives and legal accountability in immigration detention and aged care Sara Dehm, Claire Loughnan and Linda Steele / Refugee protection in the COVID-19 crisis and beyond : the capacity and limits of international law Michelle Foster, Hélène Lambert and Jane McAdam / The courts, the remote hearing and the pandemic : from action to reflection Michael Legg and Anthony Song / Pandemics, punishment, and public health : COVID-19 and criminal law in Australia Joseph Lelliott, Andreas Schloenhardt and Ruby Ioannou / Australian residential tenancies law in the COVID-19 pandemic : considerations of housing and property rights Chris Martin / Wars, pandemics and emergencies : what can history tell us about executive power and surveillance in times of crisis? Yee-Fui Ng and Stephen Gray

See the new Supreme Court (Criminal Appeal) Rules 2021 (NSW). The Rules commence on 1 May 2021.

The ICSID Convention, regulations and rules : a practical commentary / Julien Fouret, Remy Gerbay, Gloria M Alvarez (eds)

International Centre for Settlement of Investment Disputes (ICSID) (4th ed) / Yarik Kryvoi

Conceptions of judicial impartiality in theory and practice - background paper produced by the Australian Law Reform Commission as part of its Review of Judicial Impartiality

How competent is Scotland's parliament? That's now a question for the Supremes to decide by Joshua Rozenberg on A Lawyer Writes - the UK Supreme Court has been asked to decide whether two bills passed by the Scottish parliament go beyond its legislative competence

The human right that benefits nature by Katarina Zimmer on BBC - "more than 100 constitutions across the world have adopted a human right to a healthy environment"

Implications of Brexit and COVID-19 for UK law presented by Lord Sales, Justice of the UK Supreme Court at the New Zealand Senior Courts Judges' Conference

Law Report (ABC) for 20 April presented by Damien Carrick - Court rules couples can conspire and how brain implants might transform criminal law

Native Title compensation – Lawson v Minister for Environment and Water (SA) ("Lake Victoria case") by Liam Davis and Dominic McGann of McCullough Robertson - considers Lawson v Minister for Environment and Water (SA) [2021] NSWCA 6

Open justice – seen to be done - The Hon. Justice Stephen Hall, Piddington Society – Fremantle Conference

Overcoming adversity - speech given by His Honour Judge Glen Cash QC at the District Court Judges Conference, Brisbane

Owner-occupiers beware : NSW security of payment Act now applies by Sandra Steele, Georgia Mills and Tom Perry of K&L Gates - contractors under owner-occupier residential construction projects will now be entitled to make claims for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW)

Possession of land to give effect to contract of sale for unpaid rates and charges by Joshua Wyner of 13 Wentworth Chambers - considers Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56

Seeing the new administrative law in a 'green light' by Lynsey Blayden on Aus Pub Law - considers whether Australian administrative law is still fit for purpose

What are non-fungible tokens? by Richard Howlett on infolaw - non-fungible tokens are part of the Ethereum blockchain (Ethereum is a cryptocurrency), but as well as supporting the market value of the currency, they've been designed to store their own totally unique digital information

What factors influence police and court bail decisions? by Ilya Klauzner and Steve Yeong in Crime and Justice Bulletin - examines the relative importance of defendant and case characteristics in bail decisions

Aboriginal fashion brand Clothing The Gap to rebrand after two-year legal battle with US clothing giant Gap by Ahmed Yussuf on ABC News

ACCC 'world first' : Australia's Federal Court found Google misled users about personal location data by Katharine Kemp on The Conversation

Australian judge and barrister involved in same case fail to declare relationship by Nino Bucci on The Guardian

Government announces royal commission into veteran, serving Defence member suicides on ABC News

How the Supreme Court helped create 'driving while Black' by Christopher Wright Durocher on Politico

Police spy's bosses knew activist was being duped into sexual relationship, court told by Rob Evans on The Guardian

Residents of a tiny Australian island are calling for a return to self-rule to save their culture by Omar Dehen on SBS News

UK supreme court gets second female judge as Lady Justice Rose joins by Haroon Siddique on The Guardian

Criminal law review, Issue 3, 2021 - in this issue : Covid-19 and the criminal courts Howard Riddle, Anthony Edwards and Matthew Hardcastle / Bitcoin burglaries and the Theft Act 1968 Alex Taylor and Micheál Ó Floinn / Has Norway abandoned its medical model? Thoughts about the criminal insanity law reform post 22 July Linda Gröning / The sentencing of young adults: a distinct group requiring a distinct approach David Emanuel / Cases and comments : Autrefois convict : R v Wangige (Joseph Karumba) Peter Hungerford-Welch, Custody time limits : R (on the application of the Director of Public Prosecutions) v Woolwich Crown Court; R (on the application of Lucima) v Director of Public Prosecutions Peter Hungerford-Welch, Disclosure : R v Hewitt (Douglas Joseph) Peter Hungerford-Welch, Evidence : R v Gabriel (Ralston Terrance); R v Gabriel (Rickie); R v Gabriel (Reiss) Andrew Roberts, Jury : R v Gynane (Joe Derek) Peter Hungerford-Welch, Sentencing : R v Irons (Derek), R v Cleland (Cameron John) Lyndon Harris, Submission of no case to answer : R v Lowther Peter Hungerford-Welch

LSJ, Issue 76, April 2021 - in this issue : #TimesUp on harassment at work : Law Society urges firms to do more Kate Allman / Six minutes with Rachel Launders Floyd Alexander-Hunt / Ride or die? The gig economy workers sparking an employment law crisis Kate Allman / At lunch with... Ema Hogan Amy Dale / A country pracice - Kirbie Moore, Queanbean Registrar / Pork barelling : past its use-by date? Amy Dale / The barbed wire law school Tony Cunneen / Sharpening soft skills Angela Tufvesson / Generation adult Angela Heise / Racing towards a new course Kirrily Schwarz / Not all doom and Zoom : finding the sweet spot for screen time Amy Dale / How to stay active working from home Ben Putland / The case that changed me - Farid Varess Floyd Alexander-Hunt / How to future-proof your firm with effective alternative fee arrangements Michael Legg / JobMaker : how the federal budget hiring credit scheme works Brett Feltham and Nathan Keats / Requiring the jab? What's reasonable in Australian workplaces? Jack de Flamingh and Kate Curtain / Beyond the bounds of Uber : implications for Australia Larissa Andelman / Penumbral duty no longer 'an area of obscurity or uncertainty' Dougal Langusch and Rosemary Workman / Time to dust off the contracts : NSW retirement village laws are changing Tanya Chapman / Superannuation diability claims : when can a fund's decision be contested? Noel Davis / Acting with a cool head : dealing with difficult practitioners Jacqueline Dawson / Family law land transfers where one party is self-represented Glenn Thompson and Jacqueline Dawson / Constitutional algebra : Palmer v Western Australia reunites the broken parts of s 92 Dr David J Townsend / Latest from the High Court Michelle Sharpe / The latest from the Federal Court Anthony Lo Surdo SC and Theresa Power / New SOuth Wales Court of Appeal Simon Philips and Vanessa Thomas / Criminal law Thomas Spohr / Family law Craig Nicol and Keleigh Robinson / Elder law and succession Darryl Browne

Modern law review, Volume 84(2), March 2021 - in this issue : Maitland's challenge for administrative legal theory Jacob Weinrib / Fairness and the challenge of making markets work better Niamh Dunne / What makes an administrative decision unreasonable? Hasan Dindjer / The problem with provocation in trespass Iain D Field / Unwanted distribution of children's images and the right to development Anna Bunn / Failure of condition or implied term? Cases Timothy Pilkington / Lehtimaki v Cooper : duty and jurisdiction in charity law cases John Picton / Liberalism and the reason of law Alexander Somek

Psychiatry, psychology and law, Volume 27(4), February 2021 - in this issue : Article Eliciting human intelligence: police source handlers' perceptions and experiences of rapport during covert human intelligence sources (CHIS) interactions Jordan Nunan, Ian Stanier, Rebecca Milne, Andrea Shawyer and Dave Walsh / 'You can tell a victim by the tilt of her head as she walks' : psychopathic personality and social–emotional processing Nathan Brooks, Katarina Fritzon and Bruce Watt / Examining the association between work–family conflict and the work attitudes of job satisfaction and organizational commitment among Chinese correctional staff Eric G Lambert, Jianhong Liu, Shanhe Jiang, Thomas M Kelley and& Jinwu Zhang / An exploration of perceived coercion into psychological assessment and treatment within a low secure forensic mental health service Cassandra Simms-Sawyers, Helen Miles and Joel Harvey / Absence of insight as a catch-all extra-legislative factor in Swedish mental health law proceedings Susanna Radovic, Lena Eriksson and Moa Kindström Dahlin / Developing a model of perceptions of security and insecurity in the context of crime Iain Douglas Reid, Sandra Appleby-Arnold, Noellie Brockdorff, Ivana Jakovljev and Sunčica Zdravković / Risk factors for rehospitalization for patients following release from court-ordered evaluation : a retrospective study Shabnam Sood, Gilbert Ramos, Nancy Van Der Veer, Curt Bay, B Rose Kaur, Amr Nasef and Napatkamon Ayutyanot / Offenders convicted of child sexual exploitation material offences : characteristics of offenders and an exploration of judicial censure Larissa S Christensen and George S Tsagaris / Vicarious traumatisation in lawyers working with traumatised asylum seekers : a pilot study Line Rønning, Jocelyn Blumberg and Jesper Dammeyer / Trauma narratives : recommendations for investigative interviewing Patrick Risan, Rebecca Milne and Per-Einar Binder

Sydney law review, Volume 43(1), March 2021 - in this issue : Serious hardship relief : in need of a serious rethink? Kevin O'Rourke, Ann Kayis-Kumar and Michael Walpole / Regulating artificial intelligence in finance : putting the human in the loop Ross P Buckley, Dirk A Zetzsche, Douglas W Arner and Brian W Tang / Vicarious liability, entrepreneurship and the concept of employment at common law Pauline Bomball / The limits of fairness and fact-finding in judicial review : MZAPC v Minister for Immigration and Border Protection Serena May / Understanding proportionality analysis John Basten

Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367 - alleged contraventions of ss 18, 29 and 33 or 34 of the Australian Consumer Law

Murphy v Nationwide News Pty Ltd [2021] FCA 381 - defamation, "journalist alleged applicant was incapable of representing his clients' interests in court by reason of the ravages of age and associated deafness"

Plaintiff M7/2021 v Minister for Home Affairs [2021] HCA 14 - immigration, "where plaintiff claimed protection on basis of feared persecution in Pakistan on account of homosexuality... where delegate found evidence, including "open source social media", did not support view plaintiff was known homosexual in Pakistan, where open source social media was "relevant information" within meaning of s 57(1) of Migration Act 1958 (Cth)"

Australian Capital Territory law reports, Volume 15(4), March 2021 - in this issue : Cornwall v Jenkins as Trustee for the iSpin Family Trust / Roberson v Icon Distribution Investments Ltd

Northern Territory law reports, Volume 41(1), April 2021 - in this issue : Atkinson v Bardon / CH2M Hill Australia Pty Ltd v ABB Australia Pty Ltd / Cook v The Queen / Kinkade v The Queen / Lovegrove v The Queen / Monck v Commonwealth

A 'landmark' refugee legal battle is putting Australia's immigration detention regime under scrutiny by Tom Stayner on SBS News

'Clear and blatant' : the breaches of the Family Law Act that often come with no consequences by Nino Bucci on The Guardian

France defines sex with children under 15 as rape in 'historic' strengthening of consent laws on SBS News

Read the State Coroner's full statement on Indigenous deaths in custody by Teresa O'Sullivan, NSW State Coroner on Sydney Morning Herald

Terrorism conviction upheld as High Court rules married couples can commit conspiracy together by Elizabeth Byrne on ABC

Zoom court is changing how justice is served for better, for worse, and possibly forever by Eric Scigliano on The Atlantic

The audacity of Griffith as a law reformer - presented by Justice Jackson as part of the 2021 Selden Society lecture series

Council held liable for negligent misstatement in planning certificate by Patrick Holland of McCullough Robertson - considers Lorenzato v Burwood Council [2020] NSWSC 1659

Cumulative trauma and stress as a judicial officer presented by Justice Helen Bowskill of the Queensland Supreme Court to Queensland Magistrates, 25 March 2021

Does the UK have a constitution? by Mark Elliott on Public Law for Everyone - "the UK does have a constitution, albeit that it is quite different from those of many other countries", the talk discusses the differences between the constitution of UK and other constitutions

The fellow takes doon ma very words : Session Cases celebrates its bicentenary with an intriguing poll by Joshua Rozenberg on A Lawyer Writes - the Scottish Council of Law Reporting has a poll on the most interesting/important case since the first Session Cases report was published in 1821 and asks whether Donoghue v Stevenson [1932] AC 562 is the top choice, take the poll here

Fixing the casual conundrum : a simple matter of definition and conversion? by Nicholas Ellery, Jack de Flamingh and Sarah Katz of Corrs Chambers Westgarth - considers the the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021

Law Report (ABC) for 13 April presented by Damien Carrick - The findings of two significant Coronial Inquests

The laws of war in international thought by Pablo Kalmanovitz at University of Oxford

Minister for Home Affairs v Benbrika [2021] HCA 4 by James Stellios on Aus Pub Law - considers Minister for Home Affairs v Benbrika [2021] HCA 4 and the validity of continuing detention

Property damage claim deflated by lack of quantum evidence – Splash Waterpark Pty Ltd v Tim Schnitzerling [2021] NSWDC 62 (15 March 2021) by Anthony Highfield and James McIntyre of HWL Ebsworth - considers Splash Waterpark Pty Ltd v Tim Schnitzerling [2021] NSWDC 62

Scottish independence : EU membership and the Anglo–Scottish border by Akash Paun, Jess Sargeant, James Kane, Maddy Thimont Jack, and Kelly Shuttleworth on Institute for Government - considers what EU membership would mean for Scotland and its relationship with the rest of the UK

Union at the crossroads : can the British state handle the challenges of devolution? by Michael Kenny, Philip Rycroft and Jack Sheldon at Bennet Institute for Public Policy, University of Cambridge

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - When police officers go rogue : independent legal profession under attack

Baba v Sheehan [2021] NSWCA 58 - "there is serious doubt" as to whether a power to appoint a new trustee is a power that is fiduciary in nature

DVO16 v Minister for Immigration and Border Protection [2021] HCA 12 - immigration, refugees

Estate Rofe [2021] NSWSC 257 - contested probate, suspicious circumstances, undue influence, "will of testator of doubtful testamentary capacity overborne by incessant demands of interested person"

Namoa v The Queen [2021] HCA 13 - criminal law, "whether meaning of "conspires" and "conspiracy" in s 11.5 of Criminal Code incorporates any common law rule that spouses alone cannot conspire"

Steepe v The Commonwealth of Australia [2021] NSWSC 368 - Steepe issued a series of invoices in 2020 after the air force didn't comply with her notices for them to "cease and desist" flying fighter jets over her property, the court dismissed her attempts to get the invoices paid

Volkswagen Aktiengesellschaft v ACCC [2021] FCAFC 49 - appeal against penalties dismissed

Australian bar review, Volume 50(1), March 2021 - in this issue : John Hubert Plunkett : an Irish lawyer in Australia John Kennedy McLaughlin / Supervising the legal boundaries of executive powers Alan Robertson / Four more questions regarding precedent in federal courts Oliver Jones / The sacred cows of Henderson v Henderson and Anshun estoppel - abuse of process by another name? Stuart Cobbett / Justifying the 'principle of legality' Nigel Porter-Dole / Excessive judicial intervention Matthew Groves / An analysis of the use of stepping stones liability against company directors and officers Ian Ramsay and Miranda Webster / Judicial intervention in international commercial arbitration implicating competition law issues Seunghun Lee

Australian law journal, Volume 95(3), March 2021 - in this issue : Current issues Justice François Kunc (ed) Optionf for the Voice to Parliament release, From "young" to "one" by proclamation, Constitutional unwritten "norms" in the United States, Courtroom drama in England / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Ben-Pelech v Royle : adverse possession alive and well in Western Australia Penny Carruthers / Admiralty and maritime Damien J Cremean (ed) "World in a box" - what legal issues might yet need to be resolved and by what mechanism? Derrington / Equity and trusts Justice Mark Leeming (ed) When is an express trust not a "trust"? WMC Gummow / Family law Richard Ingleby (ed) Pell v The QUeen, unacceptable risk and relevant findings as to the risk of harm / Recent cases Ruth C A Higgins SC (ed) Coffs Harbour City Council v Polglase [2020] NSWCA 265 Thomas Prince / Seriously considering seriously considered dicta : precedent after Farah Constructions Bernice Chen / Leadership spill rules from the constitutional perspective Greg Taylor

On 15 April 2021 the Select Committee on the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody released their final report called The high level of First Nations people in custody and oversight and review of deaths in custody.

The Law Council of Australia has released a Public Consultation Paper on a proposed revision to Rule 42 of the Australian Solicitors' Conduct Rule. Comments and submissions can be lodged via email to tarryn.gaffney@lawcouncil.asn.au by 7 May 2021.