The Library Bulletin

A forensic look at the proposed changes to the Constitution which would enshrine an indigenous voice to parliament on Saturday Extra (ABC) presented by Geraldine Doogue

NSW government set to introduce 'no body, no parole' laws after Chris Dawson sentence by Heath Parkes-Hupton on ABC News

This law makes it illegal for companies to collect third-party data to profile you. But they do anyway by Katharine Kemp on The Conversation

Women who suffer domestic violence fare much worse financially after separating from their partner : new data by Bruce Chapman, Anne Summers and Matthew Taylor on The Conversation

Would the campaign to save the Franklin River work today? by Kieran Pender on The Guardian

Par Recycling Services Pty Ltd v United Resource Management Pty Ltd [2022] NSWSC 1269 - contracts, where termination of one contract results in termination of another, common mistake that contract remains on foot, implied contract

Citation stickiness, computer-assisted legal research, and the universe of thinkable thoughts by Aaron S. Kirschenfeld and Alexa Z. Chew, (2022) 19 Legal Communication and Rhetoric 1

Construction in liquidation : the overlap between the Corporations Act and security of payment legislation by Sam Kingston and Christian Mennilli of Maddocks

Judicial agreements and disagreements in Alexander v Minister for Home Affairs by Sangeetha Pillai on Australian Public Law

Law Report (ABC) for 20 September presented by Damien Carrick - Fears states could expand use of 'post-sentence' detention after Garlett ruling

Locating plebiscites in the Australian Constitution by Matthew Psycharis, (2022) 46(1) Melbourne University Law Review (advance)

Look out! Massive penalty increases may be on the way for competition and consumer law contraventions by Teresa Torcasio, Zoe Vise and Katie Lau of HWL Ebsworth

Piercing the corporate veil : recent international developments by Chief Justice Allsop, 38th Annual Conference of the Banking & Financial Services Law Association

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Small Brown Bird

What's in an oath? The oaths King Charles III must take by Anne Twomey on Constitutional Clarion

When is an online publisher a publisher? by Susan Goodman and Millie Clayton of Holding Redlich

Register for Lessons from the Collaery Case with speakers Bernard Collaery, Phillip Boulten SC, Dr Chris Ward SC, The Honourable Gareth Evans AC and Kieran Pender, and opened by Professor Rosalind Dixon. Hosted by the UNSW Gilbert + Tobin Centre of Public Law and Gilbert + Tobin Lawyers.

Location : Online Time : Thursday 6 October 2022, 5:30 pm – 7:30 pm AEDT

Register here.

Register for A Conversation on Current Issues in the Practice of Employment and Industrial Law from Federal Court of Australia.

Including :

What happened and why it matters : the High Court decisions in CFMMEU v Personnel Contracting and ZG v Jamsek with John Blackburn SC (WA Bar) and Duncan Fletcher (Kingston Reid)

At what price certainty? Mediating employment and industrial matters in the Federal Court with Senior National Judicial Registrar Jenni Priestley and National Judicial Registrar

Positive duty amendments arising from the Respect@Work Report with Vanja Bulut (NSW Bar) and Maria Nawaz (Grata Fund)

Location : Federal Court of Australia, Sydney, Court 1 Time : Thursday 29th September 2022, 5:30pm to 7.00pm (Eastern Standard Time)

Register here.

Have your say on the consultation draft of the National Principles to Address Coercive Control.

Details are here.

Deadline for submissions is 11 November 2022.

The Bar Library will be closed between 10 & 11am on Wednesday 28 September to allow the Librarians to attend an Evacuation & Safety training session with other Association staff.

We will also be closed from 10am-12pm on Wednesday October 5 to attend the LGBTQ Awareness Session for Bar Association staff.

We apologise for any inconvenience.

JADE have added new Zoom training sessions.

Sessions available :

Details and links to register for sessions are available here.

Introductory - Monday 19 September, 4.30pm Intermediate - Tuesday 20th September, 4.30pm Navigating legislation using JADE - Wednesday 21 September, 4.30pm Introductory - Wednesday 28 September, 4.30pm Getting Savvy with JADE - Wednesday 12 October, 4.30pm Mastering JADE - Wednesday 26 October, 4.30pm Navigating Case Law using JADE - Wednesday 30 November, 4.30pm

If you are unable to attend at these times, Bar members are invited to set up individual sessions with the JADE team here.

Re A [2022] EWCA Civ 1221 - withdrawal of medical treatment

Bell v Allianz Insurance Australia Ltd [2022] NSWSC 1108 - motor accident, personal injury, no power of medical assessor to determine scope of "motor accident"

D and E Ltd v A, B and C [2022] NZCA 430 - Court of Appeal majority allowed appeal against High Court finding that abusive father breached fiduciary duties by using a trust to disinherit his children

Owen v Skarps Constructions Pty Ltd [2022] NSWSC 1225 - lawyer's duty to the court when the client does not wish to comply with court orders

TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151 - privilege

Judges go bush to learn about Indigenous culture, with aim to deliver fairer justice in courts by Erin Parke on ABC News

Judges wrestle with child's life by Joshua Rozenberg on A Lawyer Writes

What are the legal and constitutional consequences for Australia of Queen Elizabeth II's death? by Anne Twomey on The Conversation

In progress

Museums of History NSW Bill 2022 - in Legislative Assembly, Awaiting consideration of LC amendments, Tue 13 Sep 2022

Register for Leave Those Blue-Eyed Babies Alone : Rhetorical Limitations on Parliamentary Sovereignty presented by The Hon Patrick Keane at the Australian Academy of Law.

Location : Online Time : 20 Oct 2022, 5.30 pm (NSW, VICT, TAS, ACT - AEDT)

Register here.

Constitutional Clarion, Youtube channel created by Anne Twomey

The dividing line between independent contractor and employment relationships by Anthony Highfield and Kristin Hibbard of HWL Ebsworth

Foreign judges : national courts, transnational connections, panel discussion with Justice Vergil Narokobi, Dr Eselealofa Apinelu, Professor Hugh Corder, Professor Rosalind Dixon and Dr Anna Dziedzic, chaired by Professor Cheryl Saunders at Melbourne Law School

It is not part of a medical assessor's function to determine the scope of a motor accident by Rihab Abdul-Rahman of McCabes

The Law Down Under Podcast presented by Chris Patterson - E19 Modern slavery with Dr Martijn Boersma

Law Report (ABC) for 13 September presented by Damien Carrick - The Queen's role in Australia's constitution

Multi-directionality and universality : global feminisms and international law in the twenty-first century by Karima Bennoune, American Journal of International Law (unbound), Volume 116, 2022, p 275-280

An onus of 'almost nothing' : Nathanson v Minister for Home Affairs by Brandon Smith on Australian Public Law

Proposed penalties raise the bar on competition and consumer law breaches by Joanne Jary and Kayla Plunkett of Holding Redlich

Regional Climate Diplomacy Forum 2022 with Anote Tong and Tommy E. Remengesau Jr. at the Australia Institute

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - King Charles III

What system of law governs the recognition of foreign maritime liens? by Justice Stewart, MLASA Annual Conference

Corporations and associations law : principles and issues (7th ed) / John Gooley, Michael Zammitt, Matthew Dicker and David Russell

On Monday 19 September the Bar Library will close at 4:15pm to allow the Librarians to attend the Bar Association Staff & Bar Council drinks.

The Library will re-open at 8:30am Tuesday 20 September. We apologise for any inconvenience.

New Westlaw

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 :

Wednesday 21 September 11.00am AEST Register

Annotated Bankruptcy Act 1966 (9th ed) / Michael Murray and Paul Nichols

Williams on wills (11th ed) / R. F. D Barlow, R. A. Wallington, S. L. Meadway, J. A. D. MacDougald, J. E. Kirby

Work health and safety regulation in Australia / Richard Johnstone and Michael Tooma

Zines's and Stellios's the High Court and the Constitution (7th ed) / James Stellios

Balancing public servants' responsibilities with the implied freedom of political communication : what can we learn from Banerji? by Shireen Morris and Sarah Sorial, (2022) 48(1) Monash University Law Review (advance)

High Court upholds validity of surveillance devices legislation against freedom of political communication challenge by Anthony Gray on Australian Public Law

Judging the employment status of workers : an analysis of 'common-sense' reasoning by Carolyn Sutherland, Melbourne University Law Review, Volume 46(1) (forthcoming)

Judicial independence and liberal democracy by Justice Gleeson, speech delivered to the Australian Academy of Law

Law Report (ABC) for 6 September presented by Damien Carrick - Judicial review to examine 'Croatian Six' convictions

Mistaken interpretation and repudiation of lump sum contracts – knowing your rights by Alan Chiang, Con Koutsantony, and Rob Gilchrist of HWL Ebsworth

Partial jackpot : split High Court relaxes, but does not resolve, the patentability test for computer-enabled inventions by Odette Gourley, David Fixler, Grant Fisher, James Beavis and Kate Donald of Corrs Chambers Westgarth

Smells like victory : registering scent trade marks in Australia by Stephen Stern, Jürgen Bebber, Jaimie Chapman and Ellen Guilfoyle of Corrs Chambers Westgarth

There's never been a better time : enhancing the protection of human rights in Australia by Paula Gerber on Castan Centre for Human Rights Law

Understanding precautionary detention, Fiona J McDonald, Australian Association of Constitutional Law

Government appoints First Nations leaders to guide referendum on Indigenous voice by Lorena Allam on ABC News

High Court decision on WA law that allows indefinite detention for 'serious offenders' shocks human rights lawyers by Alicia Bridges on ABC News

Hong Kong therapists convicted of sedition over children's books by Sum Lok-kei on The Guardian

Aslan v Stepanoski [2022] NSWCA 24 - contracts, repudiation

Garlett v Western Australia [2022] HCA 30 - constitutional law, judicial power of Commonwealth

R v Macdonald; R v Maitland (No 5) [2022] NSWSC 1211 - microphone in dock accidentally switched on, media present, suppression order made

Stephens v The Queen [2022] HCA 31 - criminal law, sexual offences against child

New Westlaw

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 :

Wednesday 21 September 11.00am AEST Register

JADE have added new Zoom training sessions.

Sessions available : Beginner - Monday 12 September, 4.30pm Intermediate - Tuesday 13 September, 4.30pm Advanced - Thursday 15 September, 4.30pm Details and links to register for sessions are available here.

If you are unable to attend at these times, Bar members are invited to set up individual sessions with the JADE team here.

Register for Conversation on Current Issues in the Practice of Employment and Industrial Law hosted by The Hon. Justice Mordy Bromberg at the Federal Court of Australia.

Three presentations - What happened and why it matters: The High Court decisions in CFMMEU v Personnel Contracting and ZG v Jamsek with John Blackburn SC and Mark Cox, At what price certainty? Mediating employment and industrial matters in the Federal Court with Jenni Priestley and Tim Luxton and Positive duty amendments arising from the Respect@Work Report with Vanja Bulut and Maria Nawaz.

Date: Thursday 22nd September 2022 Time: 5:30pm to 7.00pm (Eastern Standard Time) Venue : The seminar will be held in person in the Sydney (Court 1).

See details here.

The Commonwealth Attorney-General's Department is undertaking a Review of Australia's Modern Slavery Act 2018.

Submissions are welcome, see details about the survey and making submissions here.

The consultation period closes on 22 November 2022.

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.