The Library Bulletin

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

French rooster owner looks to new law to fight off noise complaint on The Guardian

Italian court rules that children should be given surnames of both parents on ABC News

Uncle Jack Charles makes history as first Indigenous elder to speak at Victorian truth-telling commission on The Guardian

Devolution : Northern Ireland by Mark Elliott on Constitutional Law Matters

District Court of New South Wales Annual Conference 2022 Criminal law review by Justice Robert A Hulme​

Knowledge and approval : the complex interplay between statute and judge-made law by Justice Mark J Leeming​ at Succession & Elder Lecture Series, Session 5, 5 April 2022, Banco Court, Supreme Court of New South Wales

Law Pod UK Episode 163 : Computer Says No! Automated Decision-Making in the Public Sector, with the Public Law Project, hosted by Rosalind English

Law Report (ABC) for 26 April presented by Damian Carrick - Employer liability for psychiatric injury

The place of the law in digital society by Master of the Rolls, Sir Geoffrey Vos at the Socio-Legal Studies Association Conference in York

The role of medical science within the test of causation by Roni Aloe of McCabes

Selden Society lecture series podcast, Episode 28 — 1922 : after Ryan, the storm with The Hon Justice Patrick Keane AC

What is a will, and why does it matter? by Justice Geoff Lindsay​ at UNSW Edge Wills and Estate Intensive, 22 March 2022

Workplace reforms in courts and parliaments : some guiding principles by Gabrielle Appleby and Prabha Nanda on Australian Public Law

Proclamations commencing Acts

Crimes Legislation Amendment Act 2021 No 46 (2022-169) — 2 May 2022 as the day on which Schedule 1.1[2] of the Act commences, published LW 29 April 2022

Bharatiya v Antonio [2022] FCA 428 - racial discrimination

Davidson v Director-General, Justice and Community Safety Directorate [2022] ACTSC 83 - human rights, inconsistencies between the Corrections Management (Separate Confinement) Operating Procedure 2019 (ACT) and the Corrections Management Act 2007 (ACT)

Kritskikh v DPP [2022] WASC 130 - If a court uses reasoning inconsistent with contemporary understandings of family violence, then the reasoning is flawed.

Yehia v Williams [2022] VSC 197 - if a magistrate decides a case on the law applicable at the time and then after the decision, the High Court changes the law (Arsalan v Rixon [2021] HCA 40), in an appeal to the Supreme Court of Victoria what law applies?

Discretion in criminal justice / Nicholas Cowdery

DSM-V-TR : Diagnostic and statistical manual of mental disorders : text revision / American Psychiatric Association

The immigration kit : a practical guide to Australia's immigration law (10th ed) / Ali Mojtahedi

Insurance Contracts Act handbook : an annotated version of the Insurance Contracts Act 1984 (11th ed) / MinterEllison

Colagrande v Kim [2022] FCA 409 - defamation, cosmetic surgery

Hobson v Commonwealth of Australia [2022] FCA 418 - Constitution s 51(xix), content of the tripartite test in Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1, whether ratio in Love v Commonwealth of Australia [2020] HCA 3; 270 CLR 152 'controlled' by judgment of Nettle J in relation to the third limb

Can you truly own anything in the metaverse? A law professor explains how blockchains and NFTs don't protect virtual property by João Marinotti on The Conversation

Flapjacks are too chewy to be tax-free, judges rule by David Byers in The Times

Register for Human goods and human rights law, presented by Dr Grégoire Webber as part of the ANU College of Law Visitor Seminar series.

Time : Wednesday 27 April 2022, 12 – 1 pm

See details here.

Register for Public Institutions, Accountability, and Sexual Violence presented by Dr Catherine Williams, Professor Rosalind Dixon, Professor Gabrielle Appleby and Professor Justine Nolan, hosted by the UNSW Gilbert + Tobin Centre and the UNSW Australian Human Rights Institute.

Time : Friday 6 May 2022, 1:00 – 2:00 pm AEST

See details here.

Register for It's all Greek to me presented by Nicholas Olson of Level 22 Chambers.

Time : Wednesday 11 May 2022, 5:30 – 7:30 pm AEST

See details here.

Disaggregating legislative intent by Jesse Cross, Fordham Law Review, Vol. 90, 2022

An emoji legal dictionary by Leslie Y. Garfield Tenzer and Ashley Cangro, University of Pittsburgh Law Review, Vol. 83, No. 1, 2022

Employer's duty of psychosocial care in the workplace examined : the Kozarov decision by Catherine Dunlop, Amber Davis, Lyndel David and Matthew D'Angelo of Maddocks

External messaging and the risk of waiving privilege by Richard Flitcroft, Kaitlyn Wilkins-Fraser and Michael Murdocca of Corrs Chambers Westgarth

Federal jurisdiction – private CTP insurers not part of the State of NSW by Peter Hunt of McCabes

Legitimacy - not justice - and the case for judicial review by Tom Hickey, Duke Journal of Constitutional Law and Public Policy (forthcoming)

Tales from the Chancery podcast, Episode 1 - Robbery on the High Street

Unravelling international law presented by Professor The Hon Gareth Evans AC QC FASSA FAIIA, Australian National University College of Law

What if judges were replaced by AI? by Tania Sourdin in Turkish Policy Quarterly 2022

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E1: The Wigs Live - Policing the Prosecutor, Prosecutorial Ethics For Criminal Lawyers

A year in review – administrative law in 2021 and the year ahead in 2022 by Michael Palfrey, Will Sharpe, and Neil Cuthbert of HWL Ebsworth

High Court judges delay considering whether to release secret evidence in Bernard Collaery conspiracy trail by Elizabeth Byrne on ABC News

Law allowing honey bees to stay in Queensland's national parks set to pass by Kallee Buchanan and Jennifer Nichols on ABC News

Remote residents left to represent themselves, as Legal Aid stops accepting bush court files by Melissa Mackay on ABC News

Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 - industrial law

Bellerive Homes Pty Ltd v FW Projects Pty Ltd [2019] NSWSC 193 - civil contempt

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No 13) [2022] NSWSC 444 - corporations, directors' duties, joint venture company

Commissioner of Patents v Thaler [2022] FCAFC 62 - patents, artificial intelligence

Hoang v The Queen [2022] HCA 14 - criminal practice, juror misconduct

Kozarov v Victoria [2022] HCA 12 - negligence, workplace injury, psychiatric injury

Totaan v R [2022] NSWCCA 75 - hardship to family members and dependants need not be "exceptional" in order to be taken into account when sentencing for a federal offence

Civil justice quarterly, Volume 41(2), 2022 - in this issue : Novak Djokovic through Australia's pandemic looking glass. Denied natural justice, faulted by open justice and failed by a legal system unable to stop the arbitrary use of state power : Djokovic v Minister for Immigration [2022] FCAFC 3 Andrew Higgins / Challenges and opportunities for representative claimants in data protection actions : Lloyd v Google [2021] UKSC 50 Dana McGibbon / "The court is not a rubber stamp" for uncontroverted expert evidence but it looks a good place for an ambush : Griffiths v TUI UK Ltd [2021] EWCA Civ 1442 Maxwell Davie / Can artificial intelligence lawfully draft statements of case? Lessons from JK v MK [2020] EWFC 2 Daniel Black / An ADR option other than mediation in Australian planning disputes : lawyers' perceptions of a tribunal conferencing approach Kathy Douglas / Mareva injunctions in aid of foreign proceedings in Singapore Marcus Teo

Public law, April 2022 - in this issue : Obituary : A. W. Bradley (6 February 1934 - 20 December 2021) K.D. Ewing / Judicial review and embarrassment Brian Christopher Jones / The power to make laws for Scotland: the Treaty Incorporation Bills Reference Graeme Cowie / Remedies in judicial review : confronting an intellectual blindspot Dr Joanna Bell / Making justice and rights work in Wales : the case for "ground up" constitutional change Sarah Nason / Proportionality as epistemic independence Marcus Teo / Between yes and no : review of international law in Kosovo's Constitutional Court jurisprudence Dr Fisnik Korenica / Ministry of Defence impunity : the Overseas Operations (Service Personnel and Veterans) Act 2021 Bethany Shiner

Advancing judicial legitimacy : the stakes and the means by Justice Jacqueline Gleeson, Speech for the commencement of the National Judicial Orientation Program April 2022

Artificial intelligence and intellectual property : an introduction by Ryan Abbott in Research handbook on intellectual property and artificial intelligence (forthcoming)

Competition law and exclusive dealing arrangements – why it's important to get it right by Richard Westmoreland and Alexander Shepherd of HWL Ebsworth

Constitutional Café S2. E4. Post-juristocracy – the end of powerful courts?, hosted by Tom Daly

Law of outer space, a series of lectures by Dr Gérardine Goh Escolar from the United Nations Audiovisial Library of International Law

Law Report (ABC) for 12 April presented by Damian Carrick - How Afghan women judges found safety in Australia

Legal professional privilege clarified for multidisciplinary partnerships by Luke Dominish​ and Kaitlyn Oliver of McCabes

Revisiting sovereignty and recognition of oppressive governments; A focus on Myanmar presented by Professor Errol P. Mendes of the University of Ottawa at University of Oxford

Annotated family law legislation (6th ed) / Richard Chisholm, Suzanne Christie and Julie Kearney

Chitty on contracts (34th ed) / H. G. Beale (ed)

Commissioner of Taxation v Carter [2022] HCA 10 - income tax

Sheeran & Ors v Chokri & Ors [2022] EWHC 827 (Ch) - guidance on how judges deal with a claims that one song plagiarised another

Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2022] HCA 11 - negligence

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 5 April presented by Damian Carrick - Cheng Lei awaits China trial verdict, and Vic court rules on wind farm noise

Lord Pannick QC on Twenty to 1 Podcast with Josiah Senhu

The 'march of structured proportionality' : the future of rights and freedoms in Australian constitutional law by Dane Luo on Australian Public Law

Varying intensity of judicial review : a conceptual analysis by Paul P. Craig, Public Law, July 2022 (forthcoming)

Welcome Ceremony for the Hon Justice Elisabeth Peden, Supreme Court of New South Wales

What the heck is a 'conservation zone'? by Joshua Same and Blake Dyer of Maddocks

What's in a name? Political party names and Ruddick v Commonwealth by Graeme Orr on Australian Public Law

Why the history of English law is not taught by Professor Russell Sandberg

Government to challenge High Court ruling that Indigenous people cannot be considered aliens by Marian Faa and Elizabeth Byrne on ABC News

Mungo Man and Mungo Lady to be reburied in unmarked locations in landmark federal decision by Hamish Cole, Xanthe Gregory, and Mollie Gorman on ABC News

Critical perspectives on human rights law in Australia / Paula Gerber and Melissa Castan (eds)

Miller's Australian competition and consumer law annotated 2022 / Russell V. Miller

Australia's environment law doesn't protect the environment – an alarming message from the recent duty-quashing climate case by Laura Schuijers on The Conversation

Canada's Supreme Court upholds C$9m fine on maple syrup thief on BBC News

Swedish court dishes out justice after judge steals meatballs in The Guardian

Authoritarian constitutionalism with Paul Fisher, from University of Oxford

Conceptualizing the field of comparative constitutional law by David S. Law, Constitutionalism in Context (David S. Law ed., Cambridge University Press 2022), Virginia Public Law and Legal Theory Research Paper No. 2022-24

The cornerstone of our law : equality, consistency, and judicial review by Michael P. Foran in Cambridge Law Journal (forthcoming)

Devolution in the United Kingdom : an introduction by Mark Elliott on Constitutional Law Matters

The Federal Court Appeal in Sharma : what does it really mean for Government decision makers by Samantha Murphy and Emily Dunford of Maddocks

Law Report (ABC) for 29 March presented by Damian Carrick - 'Predatory lending', and supporting Indigenous people in NT watch houses

Royal Caribbean Cruises appeal – the ship master's power of detention at common law by Geoff Farnsworth and Isabella Costa of Holding Redlich

What is a constitution? by Noah Garver on SSRN