The Library Bulletin

Due to works taking place in the building the Bar Library is physically inaccessible until Friday 27 January.

From 5pm today until 9am on Monday 9 January the library is closed for the Christmas/New Year break. From Monday 9 January until Thursday 26 January we will be working remotely and the library hours will be 9-5.

The library reopens to members on Friday 27 January when normal operating hours (8:30-5:30) will resume.

When we are working remotely please email libref@nswbar.asn.au.

Family law system and NSW child protection system 'misaligned', inquiry finds by Kelly Fuller on ABC News

An Indigenous Voice to Parliament will not give 'special rights' or create a veto by Anne Twomey on The Conversation

It’s time we aligned sexual consent laws across Australia – but this faces formidable challenges by Jonathan Crowe and Guzyal Hill on The Conversation

New Zealand passes world-first tobacco law to ban smoking for next generation by Tess McClure on The Guardian

Pint of order : New York judge asks jury to define 'beer' in Corona case by Maya Yang on The Guardian

Virtual exchange between the Supreme Court of the United Kingdom and the High Court of Australia from the Supreme Court of the United Kingdom

Proclamations commencing Acts

Government Sector Employment Amendment Act 2022 No 76 (2022-858) — published LW 16 December 2022

Mining and Petroleum Legislation Amendment Act 2022 No 21 (2022-775) — published LW 16 December 2022

Motor Accidents and Workers Compensation Legislation Amendment Act 2022 No 25 (2022-776) — published LW 16 December 2022

NSW Reconstruction Authority Act 2022 No 80 (2022-859) — published LW 16 December 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 No 79 (2022-777) — published LW 16 December 2022

Racing and Gambling Legislation Amendment Act 2022 No 22 (2022-778) — published LW 16 December 2022

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

Ecologically sustainable development requires consulting traditional landowners by Jenny Humphris, Dr Joseph Monaghan, Christopher Watt and Jacob Atkinson of Holding Redlich

Law Report (ABC) for 13 December presented by Damien Carrick - Singing to the sea

A nudge in the right direction; some landmark cases and the development of the law, Chief Justice Kiefel AC, Hal Wootten Lecture 2022

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 08 : Police, sentencing and alternative pathways

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 07 : A look at Legal Aid and sentencing with Director Robert Hoyles

Talking About Justice from the Centre for Crime, Law and Justice - S3 Ep3, Young people and climate justice

Thinking about the bigger picture : government lawyers and Australian democracy, Justice Gleeson, AGS Administrative Law Forum

When AI fails, who's responsible? by Amelia Harvey and Peter Waters of Gilbert + Tobin

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - End of year extravaganza - The Wigs tackle equity and the doctrine of unconscionability + Year in review!

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.

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

We subscribe to Lexis Red, a service that enables you to access LexisNexis loose-leaf services remotely on your desktop computer, laptop or tablet.

To subscribe just email lexisred@nswbar.asn.au with your Bar Association member number and the email address that you want to use for the platform.

For more information see our Lexis Red Guide.

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 - insurance contracts

Nuon v MICMSMA [2022] FCAFC 197 - "where appellant determined to not pass character test on the ground of being "“sentenced to term of imprisonment for 12 months or more" under s 501(7)(c) on basis of detention in Youth Justice Centre while a minor"

Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 - first bilingual tikanga decision

R v Gilbert [2022] NSWDC 624 - "I have little doubt that were the High Court not to have reversed the previous availability of a Prasad direction, that this is the very type of case where a jury would not have wanted to hear any more evidence."

Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39 - contract, informal agreements, implied terms

Storry v Weir [2022] FCA 1484 - appellate jurisdiction of the Federal Court of Australia

Due to works taking place in the building the Bar Library will be physically inaccessible after we close at 5:30pm Friday 16 December. All access to loans and hard copy materials will cease from this point until reopening. The Library will continue to offer remote research services until 5pm Wednesday 21 December when we will close for the Christmas/New Year break.

As the Library will be inaccessible all loans issued from Monday 12 December will have a due date of Tuesday 31 January, 2023.

The Bar Library will reopen with the librarians continuing to work remotely at 9am on Monday 9 January. The Library hours will be 9-5 throughout most of January until the Library reopens to members on Friday 27 January when normal operating hours (8:30am-5:30pm) will resume.

When we are working remotely please email libref@nswbar.asn.au.

Proclamations commencing Acts

District Court Amendment Act 2022 No 72 (2022-749) — published LW 9 December 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 No 79 (2022-747) — published LW 7 December 2022

Register for the 2023 George Winterton Memorial Lecture : Judicial review of legislative and executive action – acceptance and resentment – lessons from a comparative perspective with speaker The Honourable Susan Kiefel AC, Chief Justice of Australia

Time : Feb 17 2023, 5:30 pm - 6:45 pm Place : Supreme Court of NSW, Banco Court, Queens Square, 184 Philip Street, Sydney

See details here.

Call me 'Judge' by Joshua Rozenberg on A Lawyer Writes

Google must delete 'manifestly inaccurate' information if asked, European Union court rules on ABC News

The government will not send out Yes and No case pamphlets ahead of the Voice to Parliament referendum. Does this matter? by Anne Twomey on The Conversation

No 10 rules out law change for return of Parthenon marbles by Pippa Crerar in The Guardian

Australian Competition and Consumer Commission v Google LLC (No 2) [2022] FCA 1476 - "alleged contraventions of ss 18, 29, and 34 of the Australian Consumer Law (ACL) - where Google displayed a notification to Account Holders seeking their consent to various changes to the settings in their Google Accounts"

CF v R [2022] NSWCCA 260 - "when JF was still being cross-examined, the trial judge received a note from the jury which read as follows: "What if a member of the jury believes there is evidence to support that something took place... but doesn't believe with full certainty pertaining to evidence that the age was under 16"", "The Crown submitted that the jury note was simply raising a hypothetical issue which was demonstrated by the opening part of the note, i.e. the phrase "what if"."

Electricity Networks Corporation trading as Western Power v Herridge Parties & Ors [2022] HCA 37 - negligence

ENT19 v Minister for Home Affairs & Anor [2022] HCATrans 214 - "KIEFEL CJ : you have not directly challenged the regulation. It does not appear in any of the papers. This is a matter the Court is raising – to be frank, the Court is raising with you."

Federal parliament approves massive increases in penalties for privacy breaches by Michael do Rozario, James North, Philip Catania, Clare Mould, Matthew Lee and Jonathan Bean of Corrs Chambers Westgarth

A gift to Australia : Professor Megan Davis and the Uluru Statement from the Heart from Melbourne Law School

Introductory remarks on the occasion of the 10th John Lehane Memorial Lecture, Honourable A S Bell

Kim Santow law and social justice panel : The promise and pitfalls of a marketised NDIS, with Professor Emeritus Ron McCallum AO, Dr Angela Jackson, Deborah Connors and Giancarlo de Vera, facilitated by Australia’s Disability Discrimination Commissioner, Dr Ben Gauntlett, from University of Sydney

Law Down Under podcast presented by Chris Patterson - E22 Access to civil justice with Dr Bridgette Toy-Cronin

Law in Action presented by Joshua Rozenberg - Full-length interview with Robert Spano, recent president of the ECHR

Law Report (ABC) for 6 December presented by Damien Carrick - Data breaches and the Privacy Act; what are your rights when it comes to your home's access to sunlight?

Out of time for crime : the Full Federal Court's decision in Walker v Members Equity Bank Limited by Rani John, Peter Richard and Johnny Nguyen of Ashurst

Theoretical advances and problems in the sociology of punishment by Professor David Garland at University of Sydney

Timely reminder on the importance of 'design excellence' by Patrick Holland, Kate Swain and Elizabeth Ryan of McCullough Robertson

To retain or to destroy? The interaction between privacy, document retention and destruction policies by Yvonne O'Byrne of Gadens

Turning the negative into a positive – an exploration of the new obligations under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 by Kathryn Dent and Nicola Ray of HWL Ebsworth

The Cambridge legal history of Australia / Peter Cane, Lisa Ford and Mark McMillan (eds)

Islands and international law / Donald R. Rothwell

Due to building works the Bar Library will be inaccessible after 16 December until late January 2023. The Library will offer remote research services until 21 December and resume on 9 January 2023. Lending services and access to hard copy materials will not recommence until the Library reopens in late January. More details will be sent directly to Members and Clerks next week.

Proclamations commencing Acts

Crimes Legislation Amendment (Coercive Control) Act 2022 No 65 (2022-728) — published LW 30 November 2022

Bills assented to

Government Sector Audit and Other Legislation Amendment Act 2022 No 75 — assented to 28 November 2022

Government Sector Employment Amendment Act 2022 No 76 — assented to 28 November 2022

Integrity Legislation Amendment Act 2022 No 77 — assented to 28 November 2022

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 — assented to 28 November 2022

Motor Accident Injuries Amendment Act 2022 No 78 — assented to 28 November 2022

NSW Reconstruction Authority Act 2022 No 80 — assented to 28 November 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 No 79 — assented to 28 November 2022

Privacy and Personal Information Protection Amendment Act 2022 No 74 — assented to 28 November 2022

'This case has made legal history' : young Australians just won a human rights case against an enormous coal mine by Justine Bell-James on The Conversation

Frenchman wins legal right to not be 'fun' at work after refusing to take part in 'excessive alcohol' culture on 7News

Paw and order : Lucy the labrador provides support as Australia's first full-time court dog by Kieran Pender on The Guardian

Whistleblowing amendments a welcome step towards comprehensive reform from Human Rights Law Centre

The Witchcraft Act saw thousands executed and tortured. Now Scotland is doing something about it by Anna Kelsey-Sugg and Joanna Crothers for Sunday Extra (ABC)

The New South Wales Law Reform Commission is conduction a Review of serious road crime and are calling for preliminary submissions

See details .

The deadline for preliminary submissions is 17 February 2023.

Livestream 120th Anniversary of the Franchise Act : a Parliamentary Library Symposium, chaired by Emeritus Professor Marian Sawer, with speakers Professor Marilyn Lake, Professor Tim Rowse and Dr Benjamin T. Jones, hosted by Parliament House.

Time : Thursday 8th Dec 2022, 1:30 pm - 3:45 pm AEDT

See details here.

Burton v Director of Public Prosecutions [2022] NSWCA 242 - Children and Young Persons (Care and Protection) Act 1998 (NSW), s 105, implied freedom of political communication

Commonwealth Director of Public Prosecutions v Alkaloids of Australia Pty Ltd [2022] FCA 1424 - cartel conduct, "[It] can only be characterised as deliberate, systematic, coordinated and covert"

Eva Joy Ambrus v Lee Ellen Buchanan [2022] NSWSC 1628 - co-ownership, where land is owned by 13 co-owners as tenants in common and plaintiff holds a 1/56th share

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2022] NSWSC 1623 - " winding up proceedings brought against a foreign company registered under the Corporations Act 2001 (Cth), which is an instrumentality or agency of the Republic of Indonesia... whether the proceeding concerns the winding up of a body corporate within the meaning of s 14(3)(a) – HELD – the proceeding is not a proceeding concerning the winding up a body corporate within the meaning of s 14(3)(a)"

Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21 - application for mining lease and objections thereto, objections to environmental authority

ACCC calls for wide ranging new regulation for digital platforms by Angela Flannery of Holding Redlich

Are EU member States required to have a sense of humor? by Tito Rendas, CGSL Working Papers no. 2/2022, Forthcoming in IIC - International Review of Intellectual Property and Competition Law

Asymmetrical Haircuts podcast presented by Janet Anderson, Stephanie van den Berg and Margherita Capacci - Episode 69 – International humanitarian law with Alphons Orie

The design of everyday law by Dr William Isdale and Christopher Ash on Australian Law Reform Commission

Double Jeopardy podcast presented by Ken Macdonald and Tim Owen - Episode 16 : Andrea Coomber KC - the prison addiction

The illegality defence after Patel v Mirza, Lord Burrows, The Professor Jill Poole Memorial Lecture

Law Report (ABC) for 29 November presented by Damien Carrick - Youth in detention; what are your rights when it comes to pets in apartments?

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 06 Determining a sentence in the District Court with Judge Donna Woodburne

Should Australia's referendum rules be reformed? by Damon Muller on FlagPost

Theoretical advances and problems in the sociology of punishment, Professor David Garland, University of Sydney

Time for respect : Fifth national survey on sexual harassment in Australian workplaces from Australian Human Rights Commission

Wingarra Djuraliyin : public lecture on Indigenous peoples and law, first law : a climate chance, Dr Anne Poelina and Marlikka Perdristat, University of Sydney

The bodyguards of lies : lawyers' power and professional responsibility / Christopher Whelan

Constitutionalising social media / Edoardo Celeste, Amelie Heldt and Clara Iglesias Keller

Constitutionalism of Australian First Nations : a comparative study / Maria Salvatrice Randazzo

The lawful forest : a critical history of property, protest and spatial justice / Cristy Clark and John Page

Sentencing and criminal justice (7th ed) / Andrew Ashworth and Rory Kelly

The Bar Library will only be open for limited hours this coming Wednesday, 7 December to allow the Librarians to attend a Workplace Behaviour session with the rest of the Bar Association staff and in the afternoon, to attend the Bar Association Christmas luncheon.

Opening hours for Wednesday December 7 will be 8:30 am – 10am and then 11am – 12:15pm.

Research requests submitted to the Library after 12pm will not be answered until the following day.

We apologise for any inconvenience.

New Zealand Supreme Court rules voting age of 18 is discriminatory by Alys Davies on BBC News

Prosecco winemakers lobby politicians to defend grape variety name use by Annie Brown on ABC News

Richard Naidu found guilty by Rashika Kumar on Fiji Villiage

Why Scotland can't vote on independence by Joshua Rozenberg on A Lawyer Writes

Being a judge, Chief Justice Allsop AO, PNG Bench and Bar Dinner

Can remote working solve the digital divide? by James Pomeroy and Peter Waters of Gilbert + Tobin

Equity's challenge : maintenance of standards in deployment of enduring powers of attorney and enduring guardianship appointments, The Honourable Justice G Lindsay​, STEP Australia (NSW Branch) lecture

Gender Affirmation Policies and leave : best practice considerations for employers by Meaghan Bare, Lindy Richardson, Kirsten Sullivan and Brayden Moulday of Maddocks

How to think about democracy by Professor John Keane on Democracy and Its Enemies

Is this the end of enterprise bargaining? by Mick Moy of McCullough Robertson

Law Report (ABC) for 22 November presented by Damien Carrick - Big banks settle insurance class actions; what are your rights in neighbour disputes over trees?

Legislative complexity : what is it, how do we measure it, and why does it matter? by Lisa Burton Crawford, Elma Akand, Steefan Contractor and Scott Sisson on Australian Public Law

Making good decisions, The Honourable Justice A Payne​, NCAT Member Conference

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 05 with Justices Christine Adamson and Robert Hulme, Stepping through sentencing with Supreme Court Judges