The Library Bulletin

Bathurst Real Estate Pty Ltd v Fairbrother [2022] NSWSC 351 - can use of hashtags infringe undertaking not to use certain phrases in advertising? No

Schembri, Jason v The Queen [2022] VSCA 40 - "whether applicant was a co-tenant and not a trespasser"

Stevens v Epworth Foundation [2022] FWC 593 - whether a worker’s offer to undergo polymerase chain reaction (PCR) testing instead of receiving a COVID-19 vaccination was a reasonable alternative to receiving the vaccine

Sydney Trains v Andrew Bobrenitsky [2022] FWCFB 32 - Is it unfair to fire someone for something that happened outside working hours?

In progress

Children and Young Persons (Care and Protection) Amendment (Family Is Culture Review) Bill 2021 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 31 Mar 2022

Home Building Amendment (Medical Gas Licensing) Bill 2022 - in Legislative Council, To be reported, Wed 30 Mar 2022

Mining and Petroleum Legislation Amendment Bill 2022 - in Legislative Council, To be reported, Wed 30 Mar 2022

Racing and Gambling Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 30 Mar 2022

Residential Tenancies Amendment (Tenant Protections and Flood Response) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 31 Mar 2022

Roads and Crimes Legislation Amendment Bill 2022 - in Legislative Council, To be reported, Wed 30 Mar 2022

State Insurance and Care Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 30 Mar 2022

State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 - in Legislative Council, To be reported, Wed 30 Mar 2022

Water Management Amendment (No Compensation for Floodplain Harvesting Licences) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 30 Mar 2022

Work Health and Safety (Mines and Petroleum Sites) Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 30 Mar 2022

Awaiting assent

Constitution Amendment (Virtual Attendance) Bill 2021 - Awaiting Assent, Thu 31 Mar 2022

Greater Cities Commission Bill 2022 - Awaiting Assent, Tue 29 Mar 2022

Greater Sydney Parklands Trust Bill 2021 - Awaiting Assent, Tue 29 Mar 2022

Major Events Amendment Bill 2022 - Awaiting Assent, Wed 30 Mar 2022

Motor Sports Bill 2022 - Awaiting Assent, Wed 30 Mar 2022

Public Interest Disclosures Bill 2021 - Awaiting Assent, Tue 29 Mar 2022

Tattoo Parlours Amendment (Statutory Review) Bill 2021 - Awaiting Assent, Tue 29 Mar 2022

Notices of motion

Disability Inclusion Amendment Bill 2022 - in Legislative Council, Notice of Motion, Tue 29 Mar 2022

Environmental Planning and Assessment Amendment (Climate Change Mitigation and Adaptation) Bill 2022 - in Legislative Council, Notice of Motion, Tue 29 Mar 2022

Health Services Amendment (Nurse-to-Patient and Midwife-to-Patient Ratios) Bill 2022 - in Legislative Council, Notice of Motion, Thu 31 Mar 2022

Water Management Amendment (Floodplain Harvesting Licences Compensation) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 29 Mar 2022

Hudson v Hathway [2022] EWHC 631 (QB) - whether and when detriment is required for common intention constructive trusts in unmarried cohabitees cases

The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 368 - judgment-embargo-breaching

Ruddick v Commonwealth of Australia [2022] HCA 9 - constitutional law

In progress

Biodiversity Conservation Amendment (Kangaroo Protection) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 23 Mar 2022

Constitution Amendment (Virtual Attendance) Bill 2021 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 24 Mar 2022

Electoral Amendment (Voting Age) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 23 Mar 2022

Greater Cities Commission Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Mar 2022

Greater Sydney Parklands Trust Bill 2021 - in Legislative Assembly, Awaiting consideration of LC amendments, Thu 24 Mar 2022

Home Building Amendment (Medical Gas Licensing) Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 23 Mar 2022

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2021 (No. 2) - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 24 Mar 2022

Major Events Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Mar 2022

Mining and Petroleum Legislation Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Mar 2022

Motor Sports Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Mar 2022

Public Interest Disclosures Bill 2021 - in Legislative Assembly, Awaiting Minister's 2R Speech, Tue 22 Mar 2022

Residential Tenancies Amendment (Tenant Protections and Flood Response) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 24 Mar 2022

State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 23 Mar 2022

Awaiting assent

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 - Awaiting Assent, Tue 22 Mar 2022

Health Legislation (Miscellaneous) Amendment Bill 2022 - Awaiting Assent, Tue 22 Mar 2022

Notices of motion

Education Amendment (Parental Rights in Schools) Bill 2022 - in Legislative Council, Notice of Motion, Tue 22 Mar 2022

Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 22 Mar 2022

Fiscal Responsibility Amendment Bill 2022 - in Legislative Council, Notice of Motion, Tue 22 Mar 2022

Water Management Amendment (Floodplain Harvesting Licences) Bill 2022 - in Legislative Council, Notice of Motion, Tue 22 Mar 2022

UK ministers accused of 'government by WhatsApp' in court by Rachel Hall in The Guardian

When is a window not a window? Bewley's Cafe claims stained glass are moveable artworks in court by Lisa O'Carroll in The Guardian

Register for the Corporate Law and Governance in the 21st Century Symposium

Time : Wednesday 30 March 2022, 2:00pm - 6:45pm

See details here.

Administrative law in the digital world by Paul Daly, Jennifer Raso and Joe Tomlinson in Carol Harlow ed., Research Handbook on Administrative Law, forthcoming - considers administrative law

Extraterritorial application of human rights by Philipp Janig in Christina Binder, Manfred Nowak, Jane A Hofbauer and Philipp Janig (eds), Elgar Encyclopedia of Human Rights, forthcoming - examines extraterritorial application of human rights

The future for dispute resolution – horizon scanning, the Sir Brian Neill Lecture by Sir Geoffrey Vos, delivered to the Society of Computers and Law

High Court widens ability to compulsorily examine company directors by 'eligible applicants' by Jonathan Kramersh, Josh Hanegbi and Thaivini Sathiyaseelan of HWL Ebsworth - considers Walton & Anor v ACN 004 410 883 Ltd (Formerly Arrium Limited)(In Liquidation) & ORS [2022] HCA 3

Law Report (ABC) for 22 March presented by Damian Carrick - Sandy Hook settlement, and pets in family law disputes

Melbourne Law School 2022 Rare books lecture by Dr Andrew Godwin at University of Melbourne - lecture on the life and career William Ah Ket

Rectifying injustices in contract formation : Court of Appeal confirms approach to setting aside unfair contracts under the Contracts Review Act by Andrew Lacey, Guy Lewis and Kaitlyn Oliver of McCabes - considers Balagiannis v Balagiannis [2022] NSWCA 18

Future-proofing the judiciary : preparing for demographic change

As the Senate discusses research and ministerial vetoes, here's one idea for an independent, accountable grant scheme by Gabrielle Appleby on The Conversation - considers ministerial vetoes

Intentional legislation : what makes a text a statute? by Brian Flanagan, forthcoming in: New Conversations in Philosophy, Law, and Politics. Ruth Chang & Amia Srinivasan (eds.) Oxford University Press (2022) - examines intentional legislation

Law Report (ABC) for 15 March presented by Damian Carrick - The legal needs of flood victims, and Kumanjayi Walker murder trial aquittal

Lectures on the law of treaties by Duncan B. Hollis from United Nations

Precedent and law-making powers by Mikolaj Barczentewicz, forthcoming in T Endicott, S Lewis, and H Kristjánsson (eds), Philosophical Foundations of Precedent (Oxford University Press) - examines precedent

Reasoning and precedents in appellate courts by Saul Levmore, U of Chicago, Public Law Working Paper, forthcoming - considers precedent

The Rule of Law in Australia : A Discussion with The Honourable Andrew Bell, Chief Justice of NSW

Ten years of examining human rights by Stephanie Gill on FlagPost - examines human rights

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S3 E10 : Hamzy's Self-Represented Court Win + When Is A Worker An Employee? + The New Cartel Conduct Provisions

Children's climate change case overturned on appeal as Federal Court dismisses government's 'duty of care' by Michael Slezak and Penny Timms on ABC News

Federal Circuit asked to decide whether US patent law excludes non-human inventors by Dennis Crouch on PATENLTYO

Legal eagles : how climate litigation is shaping ambitious cases for nature by Isabella Kaminski on The Guardian

Not going with the flow : salmon 'sue' US city over harm to population by Lester Black on The Guardian

Secret judge is secret no more : insights from author who has seen more murderers than the average judge by Joshua Rozenberg on A Lawyer Writes

Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 - equitable liens, opens with a joint dissenting judgment

Farrar & Anor v Miller [2022] EWCA Civ 295 - court held that a firm of solicitors couldn't take assignment of their client's cause of action for damages, because such an assignment is "champertous"

King & Anor v Greenwood [2022] NSWDC 61 - defamation, "Facebook page, titled 'Defying Defamation'"

NSW Commissioner of Police v Cottle [2022] HCA 7 - industrial law

Petch v Director of Public Prosecutions [2022] NSWCA 33 - courts and judges

Stubbings v Jams 2 Pty Ltd [2022] HCA 6 - equity

Sydney Trains v Andrew Bobrenitsky [2022] FWCFB 32 - unfair dismissal

Wells Fargo Trust Company, National Association (as owner trustee) v VB Leaseco Pty Ltd (administrators appointed) [2022] HCA 8 - aviation

Assessment of damages for personal injury and death (5th ed) / Harold Luntz and Sirko Harder

Australian master tax guide 2022

Schemes, takeovers and Himalayan peaks : the use of schemes of arrangement (4th ed) / Tony Damian and Andrew Rich

Does mens rea matter? by Matthew Mizel, Michael Serota, Jonathan Cantor and Joshua Russell-Fritch in Wisconsin Law Review (forthcoming) - considers mens rea

Exceptions to the rule in Browne v Dunn by Madeleine Radford of McCabes - considers Dodson v Woolworths Group Limited [2022] WASCA 22

International Day of Women Judges : an interview with Justice Kate Williams presented by Rule of Law Education Centre

It's payback time! What you need to know if an executor asks you to return a gift under a will by Simon Crawford of HWL Ebsworth - what you need to know if asked to return a gift under a will

Law in Action (BBC) for 8 March presented by Joshua Rozenberg - Gender recognition

Law Report (ABC) for 8 March presented by Damian Carrick - Ukraine : how clear are the laws of war? And women's rights to inherit land

Regulating cumulative environmental change in multi-layered legal contexts by Associate Professor Rebecca Nelson at University of Melbourne

'Uber' one year on : so what has changed in the world of employment status? by Jason Galbraith-Marten QC and Sheryn Omeri of Cloisters Chambers

'Uneasy lies the head that wears a crow' : recent developments regarding the immunities of heads of state and government by Philippa Webb, Professor of Public International Law at King's College London at University of Oxford

The uses of precedent in legal argument by Claudio Michelon, Edinburgh School of Law Research Paper No. 2022/04 - considers precedent

First female judge presides over hearing at top court in Egypt in The Guardian

Government's eSafety Commissioner says anti-trolling laws could confuse people by Matthew Doran on ABC News

Indigenous man Brendan Thoms takes compensation case to High Court after spending 14 months in immigration detention by Elizabeth Byrne on ABC News

Legislation now passed to allow judge alone criminal trials in Tasmania, Tasmanian Government media release

Margaret Beazley reflects on being a woman in law from University of Sydney

Victoria Police legal head cleared of wrongdoing over handling of Lawyer X scandal on ABC News

Hobart International Airport Pty Ltd v Clarence City Council & Anor; Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council & Anor [2022] HCA 5 - constitutional law

H. Lundbeck A/S & Anor v Sandoz Pty Ltd; CNS Pharma Pty Ltd v Sandoz Pty Ltd [2022] HCA 4 - contracts

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

Public Prosecutors Office of the Athens Court of Appeal v O'Connor (Northern Ireland) [2022] UKSC 4 - mischief

Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 - "The importance of the criminal standard of proof in the evaluation of the capacity of any particular conduct to amount to a contempt cannot be eschewed in the consideration of evidence on which an application for an interlocutory injunction is based that seeks to..."

From clay tablets to the digital age : the remarkable history of public libraries by Nick Baker and Skye Docherty for Saturday Extra, ABC Radio National

Turmoil in small Italian town after judge silences church bells by Angela Giuffrida on The Guardian

Unfair practices law needed to improve consumer protection, says outgoing ACCC chair Rod Sims by Michael Janda on ABC News

'White man's justice' letting Indigenous people down, retiring NSW Supreme Court top judge says by Jamelle Wells on ABC News

Register for Aboriginality and alienage, presented by Tony McAvoy SC, Professor Cheryl Saunders and Professor Kirsty Gover from the Centre for Comparative Constitutional Studies.

Time : Monday 7 March 2022, 5:30pm - 7:00pm

See details here.

Corporations legislation 2022 / Edmund Finnane and Jason Harris [annotations]

Causation : the interface between the scientific and legal methods by The Hon. Justice Jonathan Beach in University of Western Australia law review, (2022) Volume 49(1), p 113 - examines causation

Farewell Ceremony for the Hon. TF Bathurst, AC, Chief Justice of NSW

Farewell Ceremony for the Hon. Justice Lucy McCallum

Judicial education in Australia : a contemporary overview by Gabrielle J. Appleby, Jessica Kerr, Suzanne M. Le Mire, Andrew Lynch and Brian Opeskin in (2022) 31(4) Journal of Judicial Administration (Forthcoming) - examines judicial education

Koalas classified as an endangered species in parts of eastern Australia by Vanessa Maruna and Nicola Nearhos of Holding Redlich - on 12 February 2022, the federal Environment Minister listed the koala (Phascolarctos cinereus) as 'endangered'

Law Report (ABC) for 1 March presented by Damian Carrick - ICC to launch Ukraine war crimes probe, and NSW Chief Justice Tom Bathurst retires

Pathways to intimate partner homicide - research paper from ANROWS

Short Circuit Podcast, Episode 209 : Guilty pigs - Professors Katy Barnett and Jeremy Gans of the University of Melbourne discuss their new book "Guilty Pigs: The Weird and Wonderful History of Animal Law."

Without fear or favour by Justice Sarah Derrington, Opening Keynote Address, The Piddington Society, 2022 Walyaup (Fremantle) Law Conference on 18 February 2022

Zombie agreements – the clock is ticking, act now by Heinz Lepahe, Michelle Chadburn, and Tania Godagama of HWL Ebsworth - examines enterprise agreements that have passed their nominal expiry date but remain preserved in law

Register for The Djokovic visa controversy, human rights and Australian law from Centre for Law and Social Justice, University of Newcastle.

Time : Mar 1, 2022 05:30 PM

See details here.

Bloomberg LP v ZXC [2022] UKSC 5 - tort of misuse of private information

Hamzy v Commissioner of Corrective Services NSW [2022] NSWCA 16 - right of prisoners to lawyers

Turner v O'Bryan-Turner [2022] NSWCA 23 - constructive trusts, indefeasibility, knowing receipt and equitable compensation

2022 Geoffrey Sawer Lecture : Modern Australian federalism and the Uluṟu Statement presented by Professor Megan Davis at ANU College of Law

Australian Contract Law : A recent case study – AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd [2021] FCAFC 168 by Anthony Willis and Patrick Collins of Maddocks - considers AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd [2021] FCAFC 168

Dark patterns explained by Tim Gole, Jen Bradley and Ziggy Liszukiewicz of Gilbert + Tobin - "Dark patterns are elements of digital user interface which are designed to take advantage of inherent psychological biases and lead users towards making certain choices"

Explainer : What happened to the Religious Discrimination Bill? by Lucas Lixinski on Australian Human Rights Institute - examines the Bill

Law Report (ABC) for 22 February presented by Damian Carrick - Sandy Hook settlement, and pets in family law disputes

Shadow tort law : lessons from the reptile by Kenneth S. Abraham, Virginia Public Law and Legal Theory Research Paper No. 2022-16 - examines "reptile theory"

Time to modernise : the future of constitutional review and referendums in Australia by Paul Kildea on Australian Public Law - considers constitutional law

What do Australians talk about when they talk about 'parliamentary sovereignty'? by Ryan Goss, ANU College of Law Research Paper No. 21.37 (Public Law (not final version) (Forthcoming)) - examines parliamentary sovereignty

In progress

Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 - in Legislative Council, 2R negatived on division in the LC, Wed 23 Feb 2022

Children and Young Persons (Care and Protection) Amendment (Family Is Culture Review) Bill 2021 - in Legislative Assembly, To be reported, Wed 23 Feb 2022

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 - in Legislative Council, Awaiting mover's 2R Speech, Wed 23 Feb 2022

Crimes Amendment (Display of Nazi Symbols) Bill 2021 - in Legislative Council, Awaiting 2R Debate, Tue 22 Feb 2022

Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022 - in Legislative Council, Referred to committee for inquiry and report, Tue 22 Feb 2022

Health Legislation (Miscellaneous) Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 23 Feb 2022

Local Government Amendment (Disqualification from Civic Office) Bill 2020 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 24 Feb 2022

Major Events Amendment Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Feb 2022

Motor Sports Bill 2022 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 22 Feb 2022

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2022 - in Legislative Council, Notice of Motion - Text of Bill not available, Tue 22 Feb 2022

Public Health Amendment (Vaccination Compensation) Bill 2021 - in Legislative Council, 2R negatived in the LC, Wed 23 Feb 2022

Public Interest Disclosures Bill 2021 - in Legislative Assembly, To be reported, Thu 24 Feb 2022

Voluntary Assisted Dying Bill 2021 - in Legislative Council, 2R Debate, Debate adjourned, Wed 23 Feb 2022

Awaiting assent

Companion Animals Amendment (Rehoming Animals) Bill 2021 - awaiting assent, Wed 23 Feb 2022

Crimes (Administration of Sentences) Amendment Bill 2021 - awaiting assent, Tue 22 Feb 2022

Environment Legislation Amendment Bill 2021 - awaiting assent, Thu 24 Feb 2022

Licensing and Registration (Uniform Procedures) Amendment Bill 2021 - awaiting assent, Tue 22 Feb 2022

Notice of motion

Biodiversity Conservation Amendment (Kangaroo Protection) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Electoral Amendment (Voting Age) Bill 2022 - in Legislative Council, Notice of Motion, Wed 23 Feb 2022

Prevention of Cruelty to Animals Amendment (Animal Sentience) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Water Management Amendment (Transparency of Water Rights) Bill 2022 - in Legislative Council, Notice of Motion, Thu 24 Feb 2022

Withdrawn

Motor Sports Bill 2021 - in Legislative Council, Withdrawn, Tue 22 Feb 2022