The Library Bulletin

Register for The Djokovic visa controversy, human rights and Australian law from Centre for Law and Social Justice, University of Newcastle.

Time : Mar 1, 2022 05:30 PM

See details here.

Bloomberg LP v ZXC [2022] UKSC 5 - tort of misuse of private information

Hamzy v Commissioner of Corrective Services NSW [2022] NSWCA 16 - right of prisoners to lawyers

Turner v O'Bryan-Turner [2022] NSWCA 23 - constructive trusts, indefeasibility, knowing receipt and equitable compensation

2022 Geoffrey Sawer Lecture : Modern Australian federalism and the Uluṟu Statement presented by Professor Megan Davis at ANU College of Law

Australian Contract Law : A recent case study – AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd [2021] FCAFC 168 by Anthony Willis and Patrick Collins of Maddocks - considers AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd [2021] FCAFC 168

Dark patterns explained by Tim Gole, Jen Bradley and Ziggy Liszukiewicz of Gilbert + Tobin - "Dark patterns are elements of digital user interface which are designed to take advantage of inherent psychological biases and lead users towards making certain choices"

Explainer : What happened to the Religious Discrimination Bill? by Lucas Lixinski on Australian Human Rights Institute - examines the Bill

Law Report (ABC) for 22 February presented by Damian Carrick - Sandy Hook settlement, and pets in family law disputes

Shadow tort law : lessons from the reptile by Kenneth S. Abraham, Virginia Public Law and Legal Theory Research Paper No. 2022-16 - examines "reptile theory"

Time to modernise : the future of constitutional review and referendums in Australia by Paul Kildea on Australian Public Law - considers constitutional law

What do Australians talk about when they talk about 'parliamentary sovereignty'? by Ryan Goss, ANU College of Law Research Paper No. 21.37 (Public Law (not final version) (Forthcoming)) - examines parliamentary sovereignty

In progress

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, 2R negatived on division in the LC, Wed 23 Feb 2022

Children and Young Persons (Care and Protection) Amendment (Family Is Culture Review) Bill 2021 - in Legislative Assembly, To be reported, Wed 23 Feb 2022

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 - in Legislative Council, Awaiting mover's 2R Speech, Wed 23 Feb 2022

Crimes Amendment (Display of Nazi Symbols) Bill 2021 - in Legislative Council, Awaiting 2R Debate, Tue 22 Feb 2022

Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022 - in Legislative Council, Referred to committee for inquiry and report, Tue 22 Feb 2022

Health Legislation (Miscellaneous) Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 23 Feb 2022

Local Government Amendment (Disqualification from Civic Office) Bill 2020 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 24 Feb 2022

Major Events Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Feb 2022

Motor Sports Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Feb 2022

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2022 - in Legislative Council, Notice of Motion - Text of Bill not available, Tue 22 Feb 2022

Public Health Amendment (Vaccination Compensation) Bill 2021 - in Legislative Council, 2R negatived in the LC, Wed 23 Feb 2022

Public Interest Disclosures Bill 2021 - in Legislative Assembly, To be reported, Thu 24 Feb 2022

Voluntary Assisted Dying Bill 2021 - in Legislative Council, 2R Debate, Debate adjourned, Wed 23 Feb 2022

Awaiting assent

Companion Animals Amendment (Rehoming Animals) Bill 2021 - awaiting assent, Wed 23 Feb 2022

Crimes (Administration of Sentences) Amendment Bill 2021 - awaiting assent, Tue 22 Feb 2022

Environment Legislation Amendment Bill 2021 - awaiting assent, Thu 24 Feb 2022

Licensing and Registration (Uniform Procedures) Amendment Bill 2021 - awaiting assent, Tue 22 Feb 2022

Notice of motion

Biodiversity Conservation Amendment (Kangaroo Protection) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Electoral Amendment (Voting Age) Bill 2022 - in Legislative Council, Notice of Motion, Wed 23 Feb 2022

Prevention of Cruelty to Animals Amendment (Animal Sentience) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Water Management Amendment (Transparency of Water Rights) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Withdrawn

Motor Sports Bill 2021 - in Legislative Council, Withdrawn, Tue 22 Feb 2022

How conservative book bans don't protect kids on Full Frontal with Samantha Bee

To the government, Daniel Gibuma is an 'entirely new category of person' who should be deported. But in his heart, he's Australian by Marian Faa on 7.30

Australian principles of tort law (5th ed) / Pam Stewart and Anita Stuhmcke

Class actions in Australia (3rd ed) / Damian Grave, Ken Adams and Jason Betts

Documentary evidence (14th ed) / Charles Hollander

Formation and variation of contracts (3rd ed) / John Cartwright

Judicial review of administrative action and government liability (7th ed) / Mark Aronson, Matthew Groves and Greg Weeks

McPherson & Keay : law of company liquidation (5th ed) / Andrew Keay

Medical negligence (6th ed) / Michael Jones

Riley on business interruption insurance (11th ed) / Damian Glynn and Toby Rogers

Ross on crime / Ninth edition by Mirko Bagaric

Sport and entertainment law / Chris Davies

The Bar Library will re-open five days a week from 28th February, 8.30 to 5.30.

Please observe public health orders and COVID-safe practices, including social distancing when visiting the Bar Library. Wearing a mask is recommended.

The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 - draft judgments, "violation of an embargo on the publication or disclosure of the contents of an Approved Judgment provided in confidence to the parties and their counsel and solicitors"

MICMSMA v EGZ17 [2022] FCAFC 12 - protection visa, Afghanistan

Saluwadana v Optus [2022] VMC 2 - modern approach to statutory construction (in context)

Vardy v Rooney & Anor [2022] EWHC 304 (QB) - evidentially relevant phone fell off a boat

Walton & Anor v ACN 004 410 833 Limited (Formerly Arrium Limited) (In Liquidation) [2022] HCA 3 - companies, winding up

In progress

Climate Change (Emissions Targets) Bill 2021 (Sharpe) - in Legislative Assembly, awaiting mover's 2R speech, Tue 15 Feb 2022

Companion Animals Amendment (Rehoming Animals) Bill 2021 - in Legislative Council, to be reported, Thu 17 Feb 2022

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 - in Legislative Assembly, awaiting 2R debate, debate adjourned 5 clear days, Tue 15 Feb 2022

Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022 - in Legislative Assembly, 2R debate, debate adjourned 5 clear days, Tue 15 Feb 2022

Environment Legislation Amendment Bill 2021 - in Legislative Council, to be reported, Wed 16 Feb 2022

Fiscal Responsibility Amendment (Privatisation Restrictions) Bill 2021 - in Legislative Assembly, awaiting mover's 2R speech, Tue 15 Feb 2022

Government Grants Administration Bill 2021 - in Legislative Assembly, awaiting mover's 2R speech, Tue 15 Feb 2022

The environmental activists bringing the climate crisis to the courtroom by Kieran Pender in The Guardian

Annotated civil liability legislation Queensland (5th ed) / Richard Douglas, Gerard Mullins and Simon Grant

Annotated criminal legislation New South Wales 2021-2022 / Roderick N. Howie and Peter A. Johnson

Annotated franchising code of conduct (2nd ed) / Stephen Giles

Assaf's winding up in insolvency (3rd ed) / Farid Assaf

Australian dispute resolution / Rachael Field

Balkin & Davis law of torts (6th ed) / David Rolph, Jason N. E. Varuhas, Penelope Crossley, Michael Douglas

Control of government action : text, cases and commentary (6th ed) / Robin Creyke, John McMillan, Matthew Groves and Mark Smyth

Cross on evidence : thirteenth Australian edition / J. D. Heydon

Family law in Australia (10th ed) / Lisa Young, Adiva Sifris, Robyn Carroll, Anna Parker, Michelle Fernando and Renata Alexander

Family provision in Australia (6th ed) / John K. de Groot and Bruce W. Nickel

International and Australian commercial arbitration / Clyde Croft, Drossos Stamboulakis and Marilyn Warren

Law of charity (3rd ed) / G. E. Dal Pont

Law of costs (5th ed) / G. E. Dal Pont

Lumb, Moens & Trone : the Constitution of the Commonwealth of Australia annotated (10th ed) / John Trone

Property law : concepts and doctrine / Glen Anderson

Royal commissions and public inquiries in Australia (2nd ed) / Scott Prasser

Testamentary trusts : the Australian master guide (3rd ed) / Vik Sundar

Deferring to foreign courts by Maggie Gardner in 169 University of Pennsylvania Law Review 2291 (2021) - examines deferring to foreign courts

Determining whether there is a "public order emergency" in Canada : how would the courts approach the issue? by Paul Daly on Public Law Matters - examines public order emergencies

Employee or independent contractor? The paramount importance of the written contract in determining the relationship between parties is now firmly established by Erica Hartley and Danielle Flint of HWL Ebsworth - considers Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2

Guardian case : Section 100A and ordinary family or commercial dealings by David Hughes, Melinda Peters, Hugo Southcott and Adria Askin - considers Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation [2021] FCA 1619

Law Report (ABC) for 15 February presented by Damian Carrick - High Court rulings clarify contract worker status

Reducing complexity : Why? Where? How? - webinar from the Australian Law Reform Commission

Regulating truth and lies in political advertising : implied freedom considerations by Kieran Pender in Sydney law review, Vol 44(1), 2022 (advance) - examines political advertising

Tidying our house of law : bringing the Marie Kondo philosophy to the Commonwealth statute book by Nicholas Simoes da Silva and William Isdale on Australian Public Law - examines decluttering the Commonwealth statute book

Time to modernise : the future of constitutional review and referendums in Australia by Paul Kildea on Aus Pub Law - considers the inquiry into constitutional reform and referendums

The Bar Library is currently open 8:30am-5:30pm for 3 days per week, Monday, Wednesday and Friday. Please observe public health orders and COVID-safe practices, including wearing masks and social distancing when visiting the Bar Library.

The librarians will be available to answer research requests 8:30am-5:30pm Monday- Friday, please email libref@nswbar.asn.au.

The Bar Library is currently open 8:30am-5:30pm for 3 days per week, Monday, Wednesday and Friday. Please observe public health orders and COVID-safe practices, including wearing masks and social distancing when visiting the Bar Library.

The librarians will be available to answer research requests 8:30am-5:30pm Monday- Friday, please email libref@nswbar.asn.au.

The Crown and the constitution by David Torrance, Research briefing from the House of Commons Library

In defence of privacy and the judiciary : the fall-out from HRH the Duchess of Sussex v Associated Newspapers by Iain Wilson on The International Forum for Responsible Media Blog - considers HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWCA Civ 1810

Law Report (ABC) for 8 February presented by Damian Carrick - Are Australia's political donation laws fit for purpose?

The online criminal trial as a public trial by Stephen Smith in Southwestern University Law Review, Vol. 51, No. 1, p. 116, 2021 - examines online trials

The rhetoric of judicial review in the supreme courts of the United States and the United Kingdom by Walter F. Pratt, Jr. of Notre Dame Law School - examines judicial review

Swimming a witch : evidence in 17th-century English witchcraft trials by Nathan Dorn on In Custodia Legis - considers witchcraft trials

United Kingdom : The Queen's ambit by Anne Twomey on Chtaham House - examines the 'soft power' of the Queen

The view from the U.S. leviathan : histories of international law in the hegemon by John Fabian Witt of Yale University - Law School - examines international law

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E9 : Novak Djokovic v Minister for Home Affairs + Phil Boulten SC's Tribute to Ian Barker QC

The case of the caterpillar cakes : why legal protection for a shape is so hard to come by by Stavroula Karapapa and Alexandros Antoniou on The Conversation

A court case over accessibility for the disabled goes to the High Court on the 7.30 Report

Court hears alleged 'Big Bird Bandits' intend to plead guilty over $160,000 costume theft by Evelyn Manfield on ABC News

Cow documentary shows the need for fundamental legal rights for animals by Joe Wills on The Conversation

NSW judge says dispute between neighbours over leaf blowers and 17 CCTV cameras 'out of all proportion' on The Guardian

Au v Berlach [2022] NSWSC 81 - land law, easements, "servient owner not entitled to place signs, fencing and other objects including 17 CCTV cameras in vicinity of easement detracting from dominant tenement’s reasonable enjoyment of rights"

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 - industrial law, nature of employment relationship, employee or independent contractor

Facebook Inc v Australian Information Commissioner [2022] FCAFC 9 - privacy

Royal Caribbean Cruises Ltd v Rawlings [2022] NSWCA 4 - torts committed on the high seas

ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 - industrial law, nature of employment relationship, employee or independent contractor

Australian media law (6th ed) / Sharon Rodrick, Brendan Clift, Jennifer Ireland and Lesley Power

Contract law in the South Pacific (2nd ed) / Jennifer Corrin

Joske's law and procedure at meetings in Australia (12th ed) / Elisabeth Peden and Wayne Muddle

The law of limited liability partnerships (5th ed) / John Whittaker and John Machell

Register for Evaluating the early impact of Australia's Modern Slavery Act from the Australian Human Rights Institute.

Time : Wed 16th Feb 2022, 1:00 pm - 2:00 pm

See details here.

Farriss v Axford (No 3) [2022] NSWSC 20 - "Of course, the idea that a band might announce their retirement and then reform and perform again is hardly novel. Indeed, some Australian musicians seem to specialise in retirement announcements."

Laming v Nine Network Australia Pty Ltd [2022] FCA 63 - "whether the contextual imputation comprising of the word “creep” to describe the applicant’s character is too imprecise and ambiguous"

Alternative law journal, Vol 46(4), 2021 - in this issue : Addressing climate change is beyond urgent Tayanah O’Donnell / Lightbulbs and ducks : the power of tech platforms to make waste disappear Michael Guihot / Making international law, making carbon markets Nicola Silbert / The necessity defence and anthropogenic global warming protests : the times they are a-changin’ Michael Brogan / Protest, policing and law during COVID-19 : on the legality of mass gatherings in a health crisis Greg Martin / Dousing threats and the criminal law in Queensland : do we need a new offence? Joseph Lelliott, Phylicia Lim and Maeve Lu / The Rule of Law : from unconscious unawareness to conscious awareness (and beyond?) Paul Burgess / A false memory trap : verbatim vs gist memories on trial Chris Brook / The culture of non-disclosure and miscarriages of justice Michele Ruyters, Gregory Stratton, Jarryd Bartle / Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes Rhanee Rego, John Anderson /
Australia and pandemics v BLM : No, Love Lost (at the High Court) Part II Asmi Wood /
The COVID-19 border closure to India : would an Australian Human Rights Act have made a difference? Bruce Chen / Bail, prisons and COVID-19 : an Indian perspective Sakshat Bansal, Shruti Sahni

Civil justice quarterly, Vol 41(1), 2022 - in this issue : Don't mention it: the increasing scope of documents obtainable under CPR r31.14 : Scipharm Sarl v Moorfields Eye Hospital NHS Trust [2021] EWHC 2079 Matthew Hoyle / An unwarranted approach - costs orders against solicitors acting without authority Daniel Warents / Prospective overruling unravelled Samuel Beswick / Falling on deaf ears? Lawyers and their accounts Jessica C. Lai / The English origin of French cassation Jordi Nieva-Fenoll

Aboriginal spiritual connection to land no bar to deportation, Morrison government says by Paul Karp on The Guardian

Open justice v secrecy : what is the case against Witness K lawyer Bernard Collaery all about? by Christopher Knaus on The Guardian

Adjudication in the building industry (4th ed) / Philip Davenport

Administrative law : context and critique (5th ed) / Michael Head

Copyright law / David Brennan

The law of tracing / Mohammud Jaamae Hafeez-Baig and Jordan English

Mason and Carter's restitution law in Australia (4th ed) / Keith Mason, J. W. Carter and G. J. Tolhurst

Special leave to appeal (3rd ed) / David O'Brien

Stewart's guide to employment law (7th ed) / Andrew Stewart

Controversial constitutional cases : R (Evans) v Attorney General by Mark Elliott on Constitutional Law Matters - considers R (Evans) v Attorney General [2015] UKSC 21

Law Report (ABC) for 2 February presented by Damian Carrick - When does misrepresenting professional experience become a criminal offence?

Love v Commonwealth : the Section 51(xix) aliens power and a Constitutional concept of community membership by Mischa Davenport in Sydney Law Review, Vol 43(4) December 2021

Minnimal with Jim Minns, Episode 12 - interview with Michaela Whitbourn, legal affairs reporter with the Sydney Morning Herald

Revisiting the Joint Comprehensive Plan of Actions : the role of arbitration in reviving a broken international agreement by Naimeh Masumy on OpinioJuris - considers arbitration and international agreements

Roseanna Sommers on experimental jurisprudence on The Private Law Podcast by Felipe Jimenez

Twenty to 1 with Josiah Senu, Episode 3 - interview with Lady Hale, "the first and only woman to be appointed as a Law Lord in 2004, then the first woman to serve on the UK Supreme Court before becoming its first woman President in 2017."

The Bar Library is currently open 8:30am-5:30pm for 3 days per week, Monday, Wednesday and Friday. Please observe public health orders and COVID-safe practices, including wearing masks and social distancing when visiting the Bar Library.

The librarians will be available to answer research requests 8:30am-5:30pm Monday- Friday, please email libref@nswbar.asn.au.

Please note that the lift is currently out of operation and that access is via the fire stairs.