The Library Bulletin

Information privacy governance and regulation in Australia : an e-commerce perspective / Thilla Rajaretnam

NSW [New South Wales] civil procedure handbook 2022 / John P. Hamilton, Geoff Lindsay and Carol Webster (eds)

Climate change litigation : Sharma, Smith and beyond by Jason Varuhas at Melbourne Law School

Deeds in the digital age – how to ensure your agreement is legally enforceable by Alex Ottaway and Rachel Cheung of HWL Ebsworth

A First Nations voice, constitutional law reform, and the responsibility of lawyers by Megan Davis on Australian Public Law

The future of nationality in the Pacific : preventing statelessness and nationality loss in the context of climate change by Michelle Foster, Nicola Hard, Hélène Lambert and Jane McAdam, Kaldor Centre for International Refugee Law at the University of New South Wales

"I'm sorry, I can't hear you… my jurisdiction keeps dropping out" Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 by Stephen McDonald SC on Australia Public Law

In defense of responsive judicial review by Rosalind Dixon, UNSW Law Research 22-11

Law Report (ABC) for 24 May presented by Damian Carrick - Radio on the inside

Move, see, listen, imagine international law (or not), Dr Sofia Stolk at University of Cambridge

"No body to be kicked or soul to be damned" : the limits of a legal fiction by Justice P A Keane AC, Harold Ford Memorial Lecture

Senate lecture series - Professor Cheryl Saunders AO, Parliament of Australia, Friday, May 20 2022

Technology and the public interest by Haochen Sun at Centre for Intellectual Property and Information Law

Time present and time past : legal development and legal tradition in the common law, Lord Reed, The Neill Law Lecture 2022

Trivago cops $44.7 million in penalties for misleading consumers over hotel room pricing : Australian Competition and Consumer Commission v Trivago N.V. (No 2) [2022] FCA 417 by Chiara Rawlins of McCabes

What is a former trustee's obligation to provide trust documents to an incoming trustee? by Kim Nguyen of Holding Redlich

Afghan female judge awarded prestigious human rights prize by Diane Taylor on The Guardian

Artificial intelligence is breaking patent law by Alexandra George and Toby Walsh on Nature

Hope for first nations people as Uluru Statement put back on the agenda on Afternoons with Jacinta Parsons (ABC News)

Zagi Kozarov sued after her job gave her PTSD. Her case is groundbreaking for those who do stressful work by Anna Kelsey-Sugg and Damien Carrick for The Law Report on ABC News

AB v R [2022] NSWCCA 104 - "The lack of explication with respect to evidence which was important to the applicant’s case is such as to leave the applicant justifiably aggrieved, and promotes the sense that justice has not been done."

Ex rel Six Trailers, Thomas E. Bombadil, Timothy D. Parr v Gail Gustafson, Ernest M. Guftafson, Jr., R and G Contractors, Superior court of Pennsylvania, J-A09038-22 - cause of action was not brought by an actual person or cognizable legal entity, brought by fictitious individuals, one of whom is a character in the Lord of the Rings novels

Marshall v Parole Board [2022] QSC 90 - administrative law, parole board took into account an irrelevant consideration, failed to take into account a relevant consideration and made a decision no reasonable person would have made

On 3 June the Bar Library will be closed from approximately 11:45am, reopening in the afternoon at approximately 3:15pm.

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.

In progress

Animal Research Amendment (Right to Release) Bill 2022 - in Legislative Council, 2R, Wed 18 May 2022

Child Protection (Working with Children) Amendment Bill 2022 - in Legislative Council, 2R, Thu 19 May 2022

Children's Guardian Amendment Bill 2022 - in Legislative Council, 2R, Thu 19 May 2022

Disability Inclusion Amendment Bill 2022 - in Legislative Council, 2R, Thu 19 May 2022

Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 19 May 2022

Firearms Legislation Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 19 May 2022

Government Grants Administration Bill 2021 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 19 May 2022

Government Telecommunications Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 19 May 2022

Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 - in Legislative Assembly, To be reported, Thu 19 May 2022

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 17 May 2022

State Insurance and Care Legislation Amendment Bill 2022 - in Legislative Council, To be reported, Wed 18 May 2022

Statute Law (Miscellaneous Provisions) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 17 May 2022

Water Management Amendment (Floodplain Harvesting Licences Compensation) Bill 2022 - in Legislative Assembly, 2R Speech, in progress, Thu 19 May 2022

Awaiting assent

Mining and Petroleum Legislation Amendment Bill 2022 - Awaiting Assent, Tue 17 May 2022

RSL NSW Amendment Bill 2022 - Awaiting Assent, Tue 17 May 2022

Voluntary Assisted Dying Bill 2021 - Awaiting Assent, Thu 19 May 2022

Notice of motion

Industrial Relations Legislation Amendment (Public Sector Remuneration Cap Repeal) Bill 2022 - in Legislative Council, Notice of Motion, Tue 17 May 2022

Register for Accounting for Australia's refugee policy – from the Tampa to tomorrow hosted by David Marr

Time : 24 May 2022, 6.30 PM (AEST)

See details here.

Blasphemy in Nigeria's legal systems : an explainer by AbdulRazzaq A. Alaro on The Conversation

Kellogg's to challenge new UK rules for high-sugar cereals in court by Mark Sweney on The Guardian

Marriage, American-style : strange laws and oddities by Richard Dahl on Legally Weird

NSW passes voluntary assisted dying laws after decades of campaigning on SBS News

Appeal against conviction by Natalie McGarry [2022] HCJAC 18 - criminal court set aside guilty plea made by accused

Bazzi v Dutton [2022] FCAFC 84 - defamation

Family and domestic violence leave review 2021 [2022] FWCFB 2001 - Fair Work Commission, provisionally deciding to insert 10 days paid annual family and domestic leave in all modern awards

Fordyce v Leung [2022] NSWCA 55 - bias rule, judicial review

Avoiding knowledge of vulnerable borrowers is no excuse to unconscionable conduct in asset-based lending : Stubbings v Jams 2 Pty Ltd [2022] HCA 6 by Foez Dewan of McCabes

Conflicts of interest for building certifiers in NSW – what happens when a transitional provision doesn't last long enough? by Helena Golovanoff and Simona Njaim of Holding Redlich

Constitutional Cafe S2. E4. Post-juristocracy – the end of powerful courts?

Court of Appeal decision brings welcome relief to local councils by Eva Vicic and Lynn Teo of McCullough Robertson

Hidden women of history : Flos Greig, Australia's first female lawyer and early innovator by Renee (Newman) Knake Jefferson, U of Houston Law Center No. 2021--A-12

The High Court on constitutional law : the 2021 term marking out the limits of judicial review by James Stellios, ANU College of Law Research Paper No. 22.8

Law Report (ABC) for 17 May presented by Damian Carrick - When is a de facto relationship over?

Mutual borrowing and judicial dialogue between the apex courts of Australia and the United Kingdom by Mary Arden and James Edelman, Pre-edited version. Edited version published in the Law Quarterly Review, (2022) 138 LQR 217

Oxford Union talk by Lady Rose, Supreme Court

Prosecuting rap : what does the case law tell us? by Abenaa Owusu-Bempah, LSE Legal Studies Working Paper No. 07/2022

Putting a price on holiday disappointment – Moore v Scenic Tours Pty Ltd (No. 4) [2022] NSWSC 270 (14 April 2022) by Matthew Brooks and James McIntyre of HWL Ebsworth

New accessorial liability for barristers under the Sex Discrimination Act 1984 (Cth) and fresh obligations under Bar Rule 123 by Justin Hogan-Doran SC and Penny Thew

President's message by Michael McHugh SC

Avoiding knowledge of vulnerable borrowers is no excuse to unconscionable conduct in asset-based lending : Stubbings v Jams 2 Pty Ltd [2022] HCA 6 by Foez Dewan and Kaitlyn Oliver of McCabes

Belfast special report : Rights in Northern Ireland, with Anurag Deb on LawPod UK

Cook and the (literary) pirates by The Honourable Justice M J Leeming​ at State Library of New South Wales

First consideration of the 'serious harm' test in Australian defamation action by Richard Leder, Georgie Austin, Blake Pappas and Zoe Burchill of Corrs Chambers Westgarth

An institutional justification for the principle of legality by Lisa Burton Crawford in (2022) 45(2) Melbourne University Law Review (advance)

Law of the Sea in the 'Plasticene' by Professor Karen Scott of the University of Canterbury, New Zealand at University of Oxford

Law Report (ABC) for 10 May presented by Damian Carrick - Fears US Supreme Court will overturn Roe v Wade after draft opinion leaked

New accessorial liability for barristers under the Sex Discrimination Act 1984 (Cth) and fresh obligations under Bar Rule 123 by Justin Hogan-Doran SC and Penny Thew

New approach to rezoning in NSW by Patrick Holland, Kate Swain and Elizabeth Ryan of McCullough Robertson

President's message by Michael McHugh SC

Proposed changes to the Privacy Act and the implications for digital advertising by Gregory Palumbo and Tara Dhanushkoti of Maddocks

Proclamations commencing Acts

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 No 5 (2022-207) — 20 May 2022 appointed as the day on which Schedule 1.11[5] of that Act commences, published LW 13 May 2022

Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 No 43 (2022-208) — 1 June 2022 appointed as the day on which that Act commences, published LW 13 May 2022

Awaiting assent

State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 - Awaiting Assent, Wed 11 May 2022

In progress

Dingo Cultural Heritage and Protection Bill 2022 - in Legislative Council, 2R, Wed 11 May 2022

Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 12 May 2022

Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 12 May 2022

Firearms Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 May 2022

Government Telecommunications Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 May 2022

Mining and Petroleum Legislation Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 12 May 2022

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - in Legislative Assembly, To be reported, Wed 11 May 2022

Racing and Gambling Legislation Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 12 May 2022

RSL NSW Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 10 May 2022

State Insurance and Care Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 11 May 2022

Voluntary Assisted Dying Bill 2021 - in Legislative Council, Awaiting consideration in Committee of the Whole, Wed 11 May 2022

Water Management Amendment (Floodplain Harvesting Licences) Bill 2022 - in Legislative Council, 2R, Wed 11 May 2022

Work Health and Safety (Mines and Petroleum Sites) Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 12 May 2022

Negatived

Local Government Amendment (Disqualification from Civic Office) Bill 2020 - Negatived, 2R negatived on division in the LA, Thu 12 May 2022

Notice of motion

Animal Research Amendment (Right to Release) Bill 2022 - in Legislative Council, Notice of Motion, Tue 10 May 2022

Road Transport Amendment (Prohibition of U-turns and 3-point Turns in School Zones) Bill 2022 - in Legislative Assembly, Notice of Motion, Wed 11 May 2022

Vanuatu's push for legal protection from climate change wins crucial support by Lagipoiva Cherelle Jackson on The Guardian

Fairbairn v Radecki [2022] HCA 18 - de facto relationships, meaning of "breakdown of de facto relationship"

Newman v Whittington [2022] NSWSC 249 - defamation, serious harm test

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 - immigration

Rodgerson v The Queen [2022] VSCA 82 - family hardship

Criminal laws : materials and commentary on criminal law and process of New South Wales (7th ed) / Arlie Loughnan, Thalia Anthony, David Brown, David Farrier, Luke McNamara, Alex Steel, Michael Grewcock, Julia Quilter and Melanie Schwartz

Current issues in competition law / Michael Gvozdenic and Stepehn Puttick (eds)

Please note that a memorandum was sent around to all Clerks this week, summarised below.

Since the resumption of full-time service from the Library and easing of restrictions however, Library staff have noticed that requests that would formerly have been expected to be performed by Chambers staff continue to be sent through to the Library. Examples of this include long lists of readily accessible subscription authorities that can be downloaded in the Library, requests for extensive copying from texts and requests for easily accessible and publicly available legislative materials. The Bar Library reserves the right to decline any requests that fall into the above categories or otherwise create an undue burden on the capacity of the Librarians.

The Bar Librarians are more than happy to assist with quick lists of authorities, copying within reason and locating more obscure publicly available online resources but as a small team servicing a large clientele, more extensive requests that can easily be performed by Chambers staff impact our availability to provide consistent and equitable access to our services across our membership and to use our specialist knowledge in the most effective fashion for more complex research tasks.

The Bar Library is also more than happy to provide training upon request to juniors and other Chambers staff to ensure that we are all using our limited resources in the most effective way.

Please contact library@nswbar.asn.au if clarification is required, or to arrange training for staff.

Address of the Hon. Chief Justice Anne Ferguson at the 2022 Australian Bar Association Conference on 29 April 2022 at the State Library of Victoria

Appeals to the Court of Appeal and the Court of Criminal Appeal 2021 (and the first 12 weeks of 2022) by Justice Mark Leeming, Land and Environment Court Seminar

The Experiment Podcast : Judge Judy's Law, presented by Peter Bresnan

Explainer : what happens if the 2022 election results in a hung parliament? by Anne Twomey on The Conversation

Farewell of the Honourable Justice Kerr, Ceremonial sitting of the Full Court to farewell the Honourable Justice Kerr, Chev LH, 25 February 2022

Full bench of the Fair Work Commission confirms the meaning of 'dismissed' in unfair dismissal cases by Amber Sharp, Kerry O'Brien and Nathan Roberts of McCullough Robertson

The Hon. Justice John Basten : an appreciation by The Hon. A S Bell, Chief Justice of New South Wales

In defence of jurisdictional error by Justice Jayne Jagot, Australian Judicial Institute of Administration 10th Appellate Judges Conference, Banco Court, Supreme Court of NSW, 21-22 April 2022

In memoriam : Professor Joseph Raz from Columbia Law School

The law and lore of workplace bullying by Tom Brennan SC of 13 Wentworth

Law Report (ABC) for 3 May presented by Damian Carrick - Russia accuses NATO of 'proxy war' in Ukraine, and juror misconduct

Mapping doctrinal methods by Jason N. E. Varuhas in P Daly and J Tomlinson (eds), Researching Public Law in Common Law Systems (Cheltenham: Edward Elgar, 2022) (forthcoming)

Professor Mohammad Fadel speaking on 'The Protean Sovereign of Sunni Law' and Professor Lena Salaymeh speaking on 'Reconsidering the Political in Premodern Islam' at University of Oxford

'Being found not guilty in a court of law changed nothing :' how losing reputation can be a life sentence by Anushri Sood on SBS News (Insight)

Bob Brown Foundation loses federal court bid to stop MMG mine tailing dams in Tarkine over masked owl concerns by Monte Bovill on ABC News

Calls to ban defence teams accessing sexual assault victims' records, and also give them proper legal representation by Paula Doneman on ABC News

EU claims Apple breaking competition law over contactless payments by Mark Sweney on The Guardian

The federal election winner will get a big opportunity to change the face of the High Court - will they take it? by Patrick Leslie on The Conversation

High Court asked to decide if search engine giant Google is a publisher of content by Elizabeth Byrne on ABC News

NSW Youth Koori Court reduces custody rates for Aboriginal young people from the NSW Bureau of Crime Statistics and Research

Bob Brown Foundation Inc v Minister for the Environment [2022] FCA 498 - application for interlocutory injunction

Citta Hobart Pty Ltd & Anor v Cawthorn [2022] HCA 16 - constitutional law

Haile v R [2022] NSWCCA 71 - criminal law, directions of trial judge

NSW Trains v James [2022] FWCFB 55 - definition of dismissed

Register for Unconventional lawmaking in the law of the sea : a conversation with contributors from the International Law Association.

Time : 26 May 2022, 5:00 PM – 6:00 PM (AEST)

See details here.

Register for Review of non-statutory government action from Australian Academy of Law.

Time : 24 May 2022, 5:00 PM (ACST)

See details here.

Compensation for Native Title / William Isdale

Frustration and force majeure (4th ed) / Edwin Peel

Hanbury and Martin modern equity (22nd ed) / Jamie Glister and James Lee

Windfall equity and the joint endeavour principle : restatement of the principles in Muschinski v Dodds / Dane Bryce Weber