The Library Bulletin

New Westlaw

On 31 July 2022 Westlaw AU will be decommissioned by Thomson Reuters.

In its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates :

Tuesday 9 August 2.30pm AEST Register

Wednesday 24 August 12.30pm AEST Register Monday 5 September 3.00pm AEST Register

Wednesday 21 September 11.00am AEST Register

The Bar Library is offering personalised research skills sessions to members and their staff.

Whether you are looking to increase your knowledge generally in an area of legal research, would like to know how a particular resource works in more depth or are just a beginner looking to see what is available, the Bar Librarians can assist.

Sessions will work best for 1-3 people at a time. To arrange a time for your session, please contact library@nswbar.asn.au and provide dates/times that will be convenient for you.

Attrition by Joanna Hardy-Susskind on The Secret Barrister

Deadly sins and handy hints of statutory interpretation by Justice Logan, Commentary delivered at the Workshop conducted by the Bar Association of Queensland South Pacific Region Legal Education Committee

Defining democracy down : political judicialisation, judicial politicisation by Helen Dale from the Centre for Independent Studies

Employer's 'inadvertent error' invalidates enterprise agreement by Michael Selinger, Jennifer van Bronswijk and Annelise Harper of Holding Redlich

Law Down Under Podcast presented by Chris Patterson - Justice and legal apps with professors Bin Li and Tania Sourdin

Law Report (ABC) for 26 July presented by Damian Carrick - Who should be held legally liable for accidents involving e-scooters?

NSW Court of Appeal confirms scope of step-in power under an operations and management contract​​ by Alexander Danne and Kon Nakousis of Gilbert + Tobin

Vagueness in legal language : it's not all bad by Megan Ma on Artificial Lawyer

Whither the implied freedom of political communication? by Geoffrey Nettle, (2021) 47(1) Monash University Law Review 1

Long-time justice advocate sworn in as Northern Territory’s first Aboriginal judge by Giovanni Torre in National Indigenous Times

NSW judge criticises new bail laws passed after Daily Telegraph campaign by Michael McGowan in The Guardian

Bob Brown Foundation Inc v Minister for the Environment (No 2) [2022] FCA 873 - environmental law, judicial review

United Trade Action Group Ltd, R (On the Application Of) v Transport for London & Anor [2022] EWCA Civ 1026 - "It may seem extraordinary that the underlying question of law is one of the interpretation of a statute enacted in 1869, before the invention of the telephone or the motorcar, let alone the internet or the smartphone app. Yet that is the issue before us"

Register for Is the US Supreme Court in crisis?, Professor Rosalind Dixon in conversation with US constitutional law scholar, Professor Amanda Tyler. Hosted by the UNSW Gilbert + Tobin Centre of Public Law

Time : Mon., 8 August 2022, 1:00 pm – 2:00 pm AEST

See details here.

Keay's insolvency : personal and corporate law and practice (10th ed) / Michael Murray and Jason Harris

Shanahan's Australian law of trade marks and passing off (7th ed) / Mark Davison and Ian Horak

From 'evil fame' to kite flying bans, WA has seen a lot of very odd laws by Emma Wynne on ABC News

'Instruments of injustice' : Victoria's highest court denounces state's mandatory sentencing by Nino Bucci on The Guardian

NSW moves a step closer to criminalising 'insidious' coercive control on SBS News

Short women can be cops too, Spain's top court rules by Inti Landauro, editing by Andrei Khalip and Susan Fenton on Reuters

Chen-Young v Eagle Merchant Bank Jamaica Ltd & Ors (Jamaica) [2022] UKPC 31 - "conduct of the case on appeal by judges of the court, who had retired before judgment was delivered and who failed to obtain an extension of time for the purpose of delivering the judgment"

Owies v JJE Nominees Pty Ltd [2022] VSCA 142 - operation of discretionary trusts

Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association 2022 SCC 30 - principle of technological neutrality

Zurich Insurance PLC v Koper [2022] NSWCA 128 - constitutional challenge to validity of provisions of Trans-Tasman Proceedings Act 2010 (Cth) allowing service in NZ (where underlying claim not in federal jurisdiction) rejected

New Westlaw

On 31 July 2022 Westlaw AU will be decommissioned by Thomson Reuters.

In its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates : Thursday 14 July 3.00pm AEST Register Tuesday 9 August 2.30pm AEST Register Wednesday 24 August 12.30pm AEST Register Monday 5 September 3.00pm AEST Register Wednesday 21 September 11.00am AEST Register

Alexander v Minister for Home Affairs : existential citizenship and metaphorical allegiance by Helen Irving on Australian Public Law

Can you hear me? Remote participation in the Commonwealth Parliament by Stephanie Gill on FlagPost

Has the time come for biometrics-specific legislation? by Peter Waters of Gilbert + Tobin

Law Down Under Podcast presented by Chris Patterson - International cultural heritage law with Lucas Lixinski

Law Report (ABC) for 19 July presented by Damian Carrick - Queensland bans 'claim farming'; Should media coverage affect sentencing decisions?

Life peers' life stories from UK Parliament

Practice in the Corporations List and recent case law, Honourable Justice A Black​, Commercial Law Association Seminar

Smart homes? What about intellectual properties? by Luke Dale and Annabel Bramley of HWL Ebsworth

Arnould's law of marine insurance and average (20th ed) / Jonathan Gilman, Claire Blanchard, Mark Templeman, Philippa Hopkins, Neil Hart and David Walsh

Emergency arbitration / Cameron Sim

Injunctions (14th ed) / David Bean, Isabel Parry and Andrew Burns

Proclamations commencing Acts

Stronger Communities Legislation Amendment (Children) Act 2021 No 45 (2022-376) — published LW 15 July 2022, 18 July 2022 appointed as the day on which Schedule 3[2] and [5]–[9] of the Act commence

Subway can be sued over its tuna, U.S. judge rules by Jonathan Stempel on Reuters

Twenty years on, the International Criminal Court is doing more good than its critics claim by Matt Killingsworth on The Conversation

What does the Queen's legal immunity mean? by Rob Evans, David Pegg and Severin Carrell in The Guardian

Register for Federalism, borders and the pandemic presented by Anne Twomey.

Time : 27 July 2022, 5:30 – 6:30 pm (AEST)

Place : Jubilee Room, NSW Parliament House

See details here.

Register for Recent developments in admiralty : here and abroad with Justice SC Derrington AM and Justice Stewart and chaired by Justice Rares, Federal Court of Australia.

Time : 28 July 2022 – 5:15 pm - 6:15 pm EST

Place : Law Courts Building, Queens Square, Sydney, Level 18, Courtroom 18D

See details here.

Register for Wild weather, lost land and persistent pollutants with speakers Professor Emma Johnston, Dr Terri Janke and Dr Ian Cresswell.

Time : Thursday 21 July, 6-7pm (AEST)

Place : Charles Perkins Centre Auditorium, University of Sydney

See details here.

Morford v Cattelan, Docket No 121 cv-20039 (S.D. Fla. Jan 04, 2021) - artist who taped a banana to a wall may infringe the copyright of a prior artist who taped a banana and and orange to a wall

R v Jacobs Group (Australia) Pty Ltd [2022] NSWCCA 152 - "Crown appeals should be rare, and the purpose of s 5D of the Criminal Appeal Act is not the mere correction of error"

Thillagaratnam v Doan [2022] WASC 185 - recission of strata unit purchase allowed because the bizarre conduct of the neighbour was not disclosed to purchaser by vendors

New Westlaw

On 31 July 2022 Westlaw AU will be decommissioned by Thomson Reuters.

In its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates : Thursday 14 July 3.00pm AEST Register Tuesday 9 August 2.30pm AEST Register Wednesday 24 August 12.30pm AEST Register Monday 5 September 3.00pm AEST Register Wednesday 21 September 11.00am AEST Register

30 years since Mabo, Eddie Synot with panellists Hannah Duncan, Uncle Charles Passi and Professor Henry Reynolds, from State Library of Queensland

Being a judge : judicial technique, independence and labels, Chief Justice Allsop, Sir Harry Gibbs Memorial Oration, Sydney

Citizenship deprivation as banishment : the High Court of Australia in Alexander's case by Rayner Thwaites on Global Citizenship Observatory

Law Report (ABC) for 12 July presented by Damian Carrick - Vanuatu's push for international court action on climate change

Practice in the Corporations List and recent case law by Justice Ashley Black, Commercial Law Association Seminar

Do principals need to act in good faith when exercising its "absolute direction" to extend the date for practical completion? by Paul Graham, Tara Nelson and Thomas Appleby of HWL Ebsworth

Raising the age of criminal responsibility is only a first step. First Nations kids need cultural solutions by Lorelle Holland and Maree Toombs on The Conversation

Welcome Ceremony for the Hon. Justice Nicholas Chen, Supreme Court of New South Wales

What it means to identify as Indigenous in Australia, and how this might have contributed to the increase in the census by Julie Andrews and Francis Markham on The Conversation

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E3: Overturning Constitutionally Protected Access to Abortion in the United States

2022 Paul Byrne Memorial Lecture, delivered by Justice Peter Hamill, University of Sydney Law School

Between uncontrolled jungle and lacklustre patch : how to cultivate a tech ecosystem from Gilbert + Tobin

Cell culture foods : considering the legal issues by Odette Gourley, Alison Jones, Kate Donald and Grace Griffiths of Corrs Chambers Westgarth

Ceremonial sitting of the Full Court to welcome the Honourable Justice Raper, held on 10 June 2022

Compensation for Native Title, remarks by the Hon Justice Andrew Greenwood on the launching of Dr William Isdale's book

Expert Witness Institute Online Conference 2022, Lord Hamblen, Keynote Speech

Law in Action presented by Joshua Rozenberg - What does a barrister sound like?

Law in Action for 5 July presented by Joshua Rozenberg - Prison education

Law Report (ABC) for 5 July presented by Damian Carrick - Victoria's Nazi swastika law prompts call for national ban

A serious harm threshold for Australian defamation law by David Rolph, (2022) 51 Australian Bar Review 185-210

Welcome Ceremony for the Hon. Justice Dina Yehia, Supreme Court of New South Wales

What does the US Supreme Court's decision in Dobbs tell us about the virtues of Australia's approach to protecting fundamental rights? by Theunis Roux on Australian Public Law

What makes a good judge?, Lady Rose, Barnard’s Inn talk

When an accused goes into evidence, the Honourable A S Bell, Keynote Address to the Legal Aid NSW Criminal Law Conference

Foundas v Arambatzis (No. 5) [2022] NSWCA 113 - "This court does not have power to reopen the earlier appeal and set aside the orders of 24 March 2020. The former power of a Chancery judge to set aside an enrolled decree on the ground of the discovery of new evidence did not survive the appeal provisions introduced by the Equity Act 1880 (NSW)"

Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 764 - native title, WA's northern goldfields

New Aim Pty ltd v Leung [2022] FCA 722 - "failure to disclose authorship of the report-disclosure of material information relevant to the independence of the expert whether opinions expressed are independent"

Federal Court recognises Darlot native title rights in WA Goldfields, says 1890s gold rush caused 'upheaval' by Jarrod Lucas on ABC News

Kiribati faces constitutional crisis after government suspends both high court justices by Kieran Pender in The Guardian

A life dedicated to the law and justice, without fear or favour by Peter FitzSimons in Sydney Morning Herald

Local lawyer David Woodroffe to be sworn in as the Northern Territory's first Aboriginal judge by Felicity James on ABC News

New Westlaw

On 31 July 2022 Westlaw AU will be decommissioned by Thomson Reuters.

In its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates : Thursday 14 July 3.00pm AEST Register Tuesday 9 August 2.30pm AEST Register Wednesday 24 August 12.30pm AEST Register Monday 5 September 3.00pm AEST Register Wednesday 21 September 11.00am AEST Register

Uniform evidence law (17th ed) / Stephen Odgers