The Library Bulletin

The Bar Library will re-open on January 31, 2021 resuming normal business hours (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.

An Australian republic - a new model and unfinished business on Late Night Live with Phillip Adams

The function of equity in international law by Professor Catharine Titi at University of Oxford as part of the Public International Law seminar series

Law Report (ABC) for 25 January presented by Damian Carrick - Deporting Djokovic, and Catholic diocese found vicariously liable in historical child sex abuse case

Liam Murphy on conventionalism and private law on The Private Law Podcast by Felipe Jimenez

Loss of chance with Sarah Lambert QC and Dominic Ruck Keene on Law Pod UK

Making the trolls pay: the latest development in Federal defamation law by Kate Nagy and Rebecca Slater of King and Wood Mallesons - considers the exposure draft of the Social Media (Anti-Trolling) Bill 2021 (Cth)

NeuroRights : human rights guidelines for neurotechnology by Rafael Yuste at University of Sydney as part of Neurotechnology, Criminal Law and Human Rights: Interdisciplinary Perspectives

The prerogative and the courts in Australia by Anne Twomey in 3 Journal of Commonwealth Law 55 (2021) - considers prerogative powers

Six faces of globalization : who wins, who loses, and why it matters by Nicolas Lamp at University of Oxford, a presentation to the Public International Law Discussion Group

Proposed anti-trolling laws could worsen online abuse, Australian law experts say by Paul karp on The Guardian

Golding v Martin [2022] EW Misc 2 (CC) - "This judgment is intended to be the final chapter in what has been described as "a cautionary tale about the danger to a lessee in leaving a flat unoccupied and moving abroad without giving the landlord a forwarding address for correspondence.""

Roberts-Smith v Roberts [2022] FCA 18 - alleged improper access and leaking of confidential information

Novak Djokovic to be deported after Federal Court upholds government visa cancellation by Michelle Grattan on the Conversation

The Palace Letters on Nightlife with Philip Clark - conversation with Anne Twomey

Driving licences, colanders and Pastafarians : De Wilde by Frank Cranmer on Law & Religion UK - considers De Wilde v The Netherlands [2021] ECHR No 9476/19

Financial Services Legislation : Interim Report A (ALRC Report 137)

I dissent : Justice Ginsburg's profound dissents by Orit Gan in 74 Rutgers University Law Review (2022) (forthcoming) - considers dissenting opinions

Julian Arato on international law and private law on The Private Law Podcast by Felipe Jimenez

Law Report (ABC) for 18 January presented by Damian Carrick - Crime and justice in the Torres Strait, and Cape York’s Licensing Muster program

Legal simplification and AI by Lance B. Eliot, Stanford Center for Legal Informatics - examines legal simplification

The relativity of nullity : R (Majera) v Home Secretary [2021] UKSC 46; R (TN(Vietnam)) v Home Secretary [2021] UKSC 41 by Paul Daly on Administrative Law Matters - considers R (Majera) v Home Secretary [2021] UKSC 46; R (TN(Vietnam)) v Home Secretary [2021] UKSC 41

Michael Wilson & Partners Ltd v Emmott [2021] NSWCA 315 - "Contribution is not available to a wrongdoer. Nor is it available to one whose liability is of a different nature and quantum to the putative co-obligor."

St Clair v King & Anor [2022] EWHC 40 (Ch) - mutual wills, challenge to 2009 will, Australian unsuccessful in claim in the Property, Trusts and Probate List of the English High Court

AFM (1932) Ltd & Ors v Belisco Estates Ltd & Anor [2021] EWHC 3460 (Ch) - "Mr Connell, counsel instructed on behalf of the Applicants (to be individually referred to as "AFM" and "the Liquidators"), opened this case with reference to "The Great Gatsby". Whilst he had in mind Gatsby's mansion, one of its themes is that nothing is as it seems. It is a theme which applies to this case."

Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 - law on psychiatric injury as it relates to shocking events, where there is a gap in time between the defendant's breach and the shocking event of the primary victim's death

R v White [2022] NSWSC 11 - refusal to grant leave to withdraw plea of guilty; discussion of principles (counsel surprised by plea made on arraignment)

At long last, we can tear open the queen's secret letters with Australia's governors-general by Anne Twomey on The Conversation

Judge pokes holes in Swiss cheesemakers' legal arguments by Matthew Barakat on AP News

AI in the law impeded due to machine readability of judicial decisions by Lance B. Eliot, Stanford Center for Legal Informatics - "There are ongoing calls for judicial decisions to be written in a more robust human-readability way"

Judges and academics, and the endless road to unattainable perfection by Lord Burrows, The Lionel Cohen Lecture

Judicial decision-making : case studies from Biblical times and now by The Rt Hon Lady Rose of Colmworth DBE, UK Association of Jewish Lawyers and Jurists

Judicial education in Australia : a contemporary overview by Gabrielle Appleby, Jessica Kerr, Suzanne Le Mire, Andrew Lynch and Brian Opeskin, Research report from the Australasian Institute of Judicial Administration

Legislative design - clarifying the legislative porridge by Rosemary Teele Langford, Andrew Godwin and Vivienne Brand in (2021) 38 Company and Securities Law Journal - considers legislative design

A principled approach to key reforms of Australia's administrative review system by Gabrielle Appleby, Lynsey Blayden, Chantal Bostock and Janina Boughey on Aus Pub Law - examines the administrative review system

A thought experiment on criminal damage by The Secret Barrister on thesecretbarrister.com - considers the trial of the Colston Four

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E8 : Julian Assange’s Fate + McNab v DPP + Are Women Justices Interrupted More?

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. Please take note of these access conditions.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.

The Bar Library will not reopen until at least January 24, 2022. As the Library will be unattended the ‘click & collect’ service will not be in operation during this time, however this will be reviewed and may change depending upon how circumstances develop, please check for further updates. Access to other hard copy resources in the Library collection will be similarly impacted. Research requests can be directed to libref@nswbar.asn.au between 10am and 4pm weekdays from Monday 10 January 2022.