The Library Bulletin

Bills assented to

Crimes Legislation Amendment (Coercive Control) Act 2022 No 65 — assented to 23 November 2022

Fisheries Management Amendment (Enforcement Powers) Act 2022 No 64 — assented to 22 November 2022

Register for the The inaugural 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, from University of Sydney.

Time : Thursday 1 December 2022, 6.00pm-7.30pm

Place : Law Lounge, Level 1, New Law Building Annex (F10A), Eastern Avenue, University of Sydney (Camperdown Campus)

See details here.

Bektasovski v R [2022] NSWCCA 246 - tendency evidence, "It is not necessary that the common features be capable of being described as 'striking' [counsel's submission]. What is needed is a sufficient link... That link need not be peculiar"

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171 - does the Carriage of Goods by Sea Act 1991 (Cth) prevent the use of foreign jurisdiction clauses in interstate contracts of carriage?

REFERENCE by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 - Scottish independence

Sims v Commonwealth of Australia [2022] NSWCA 194 - where proceedings brought by Commonwealth to recover ultra vires payments mistakenly made to former Navy officer after his separation from Navy, whether ss 81 and 83 of the Constitution provide an implied basis for the recovery of ultra vires payments by the Commonwealth

Annotated conveyancing and real property legislation New South Wales 2022 edition / Gary Newton

Australian personal property securities law (3rd ed) / Anthony Duggan

Law of co-offending in Australia : principles applicable to co-accused trials / Peter Lowe

Misrepresentation, mistake and non-disclosure (6th ed) / John Cartwright

Double Jeopardy podcast presented by Ken Macdonald and Tim Owen - Episode 15 : Brenda Hale - Judicial independence and its enemies

Law Report (ABC) for 15 November presented by Damien Carrick

NSW Government releases mandatory data breach notification Bill by Ooma Khurana and Katie McClelland of Maddocks

The rule of law in a social media age, The Honourable Justice Peter Quinlan, Sir Francis Burt Oration 2022

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 4 : The role and duty of defence counsel : how do you argue a case for a serious offender? with Belinda Rigg SC

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E6 : The Voice + The National Anti Corruption Commission + High Court case of SDCV v Director General of Security

In progress

Companion Animals Amendment (Puppy Farms) Bill 2021 - in Legislative Assembly, To be reported, Wed 16 Nov 2022

Forestry Amendment (Timber Harvesting Safety Zones) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 16 Nov 2022

Government Sector Audit Amendment Bill 2022 - in Legislative Assembly, 2R, Thu 17 Nov 2022

Health Services Amendment (Nurse-to-Patient and Midwife-to-Patient Ratios) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 16 Nov 2022

Weapons Prohibition Amendment (Silencers) Bill 2022 - in Legislative Council, 2R, Wed 16 Nov 2022

Awaiting assent

Aboriginal Land Rights Amendment Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Crimes Amendment (Protection of Criminal Defence Lawyers) Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Crimes Legislation Amendment (Coercive Control) Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Fisheries Management Amendment (Enforcement Powers) Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Government Sector Audit and Other Legislation Amendment Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Government Sector Employment Amendment Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Integrity Legislation Amendment Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Medicines, Poisons and Therapeutic Goods Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Motor Accident Injuries Amendment Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

NSW Reconstruction Authority Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 - Awaiting Assent, Thu 17 Nov 2022

Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Privacy and Personal Information Protection Amendment Bill 2022 - Awaiting Assent, Wed 16 Nov 2022

Negatived

Rock Fishing Safety Amendment Bill 2021 - 2R negatived in the LA, Thu 17 Nov 2022

Can juries still deliver justice in high-profile cases in the age of social media? by Rick Sarre on The Conversation

Law stopping alleged victims of sexual assault reusing evidence in court could change before Bruce Lehrmann retrial by Elizabeth Byrne on ABC News

NSW passes law to make coercive control a stand-alone offence in an Australian first by Tamsin Rose on The Guardian

Register for Law and border – who has the power to control movement across state borders? presented by Professor Anne Twomey AO, Annual Harry Evans lecture.

Time : Friday 9 December 2022, 12.15pm - 1.15pm, via livestream.

See details here.

Register for Responsive judicial review? A global judicial dialogue, Professor Rosalind Dixon in conversation with Justice Stephen Gageler, Justice Dhananjaya Y Chandrachud, Justice Luís Roberto Barroso and former Justice Manuel Cepeda, chaired by Professor Lisa Burton-Crawford and hosted by UNSW Gilbert + Tobin Centre of Public Law and ICON-S Australia-New Zealand.

Time : Monday 12 December 2022, 1:00 pm – 2:30 pm AEDT

See details here.

Department of Transport and Main Roads v Konrad Gordon Gallaher [2022] QMC 2 - meaning of the phrase 'mobile phone', iPod is not a phone

Miller v MICMA [2022] FCAFC 183 - is an application to the Administrative Appeals Tribunal invalid because it doesn't contain a statement of the reasons for the application, in accordance with the Aministrative Appeals Tribunal Act s 29(1)(c)?

Strata Corporation 12753 Inc v REN [2022] SADC 134 - landlord broke the law by converting a one-bedroom Adelaide apartment into a five-bedroom one

Collier for Miranda : the 1999 Labor Campaign / Barry Collier

Proclamations commencing Acts

Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 No 41 (2022-667) — published LW 11 November 2022

Property Tax (First Home Buyer Choice) Act 2022 No 60 (2022-682) — published LW 11 November 2022

In progress

Aboriginal Land Rights Amendment Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 8 Nov 2022

Crimes Amendment (Custody of Knives) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 10 Nov 2022

Crimes Amendment (Protection of Criminal Defence Lawyers) Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Crimes Legislation Amendment (Coercive Control) Bill 2022 - in Legislative Council, 2R, Thu 10 Nov 2022

District Court Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Environmental Planning and Assessment Amendment (Private Native Forestry) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Fisheries Management Amendment (Enforcement Powers) Bill 2022 - in Legislative Council, To be reported, Wed 9 Nov 2022

Forestry Amendment (Koala Habitats) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 clear days, Wed 9 Nov 2022

Government Sector Audit and Other Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Government Sector Employment Amendment Bill 2022 - in Legislative Council, To be reported, Tue 8 Nov 2022

Independent Commission Against Corruption Amendment (Validation) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 9 Nov 2022

Integrity Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Medicines, Poisons and Therapeutic Goods Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Motor Accident Injuries Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Thu 10 Nov 2022

NSW Reconstruction Authority Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 9 Nov 2022

Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill 2022 - in Legislative Assembly, To be reported, Wed 9 Nov 2022

Privacy and Personal Information Protection Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Rock Fishing Safety Amendment Bill 2021 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 10 Nov 2022

Negatived

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - Negatived, Thu 10 Nov 2022

Awaiting assent

Animal Research Amendment (Right to Release) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Building and Other Fair Trading Legislation Amendment Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Electronic Conveyancing Enforcement Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Port of Newcastle (Extinguishment of Liability) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Treasury and Energy Legislation Amendment Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Notice of motion

Health Services Amendment (Nurse-to-Patient and Midwife-to-Patient Ratios) Bill 2022 - in Legislative Council, Notice of Motion, Tue 8 Nov 2022

2022 Selden Society lecture — The Hon Keith Mason AC KC on Sir Frederick Jordan, Supreme Court Library Queensland

​Bail : firearms and criminal associations, final report, New South Wales Law Reform Commission

The High Court re-affirms the 'presumption' of advancement by Susan Goodman, William Madani and Jack Townsend of Holding Redlich

Hurdles that must be overcome by motor accident insurers in establishing contributory negligence by Raissa Galang of McCabes

Independence and apparent bias : judicial and arbitral confidence : Halliburton v Chubb, Chief Justice Allsop AO, The Goff Lecture 2022

The King's Prerogative 1622; the Prime Minister's Prerogative 2022, Lord Judge, Selden Society Inns of Court annual history lecture

Law Down Under podcast presented by Chris Patterson - E21 Body image law - with Dr Marilyn Bromberg

Law Report (ABC) for 8 November presented by Damien Carrick - Inside Thomas Embling Hospital, a forensic health facility

On the Record at The National Archives - Treason : people, power and plot

Report No. 62 - Social Issues - Crimes Legislation Amendment (Coercive Control) Bill 2022%20Bill%202022.pdf ""), Standing Committee on Social Issues, New South Wales Legislative Council

Secure Jobs, Better Pay Bill introduced into parliament by Dominic Fleeton, Michaela Moloney, Nick Ruskin, Greta Marks, Aaron Prabhu, Amber Harrington, Nikita Scott and Tasman Skiba of K&L Gates

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 3 : The role and duty of a prosecutor with Director Sally Dowling

The criminal legal system does not deliver justice for First Nations people, says a new book by Chris Cunneen on The Conversation

Michael Kirby named life member of IBA Council, Law Council of Australia media release

New ALRC inquiry : Religious educational institutions and anti-discrimination laws, Australian Law Reform Commission media release

The Supreme Court case that could break Native American sovereignty by Rebecca Nagle in The Atlantic

Awad v The Queen; Tambakakis v The Queen [2022] HCA 36 - criminal practice, error or irregularity in trial

The boundaries of international law : a feminist analysis / Hilary Charlesworth and Christine Chinkin

Expansion of Glencore mine in NSW Hunter Valley refused by IPC by Bindi Bryce and Bridget Murphy on ABC News

Journalists must be protected in police investigations. Here's our five point plan for reform by Rebecca Ananian-Welsh and Jason Bosland on The Conversation

Leeds : Rare book laced with arsenic found in library on BBC News

Rule of law continues five-year decline, but bright spots emerge by Ted Piccone on Brookings Institution

Traditional owners launch High Court bid to hold Parks Australia responsible for sacred site damage in Kakadu National Park by Samantha Dick on ABC News

2022 Dr Charles Perkins Oration, delivered by Larissa Baldwin, from University of Sydney

Asymmetrical Haircuts podcast presented by Janet Anderson, Stephanie van den Berg and Margherita Capacci - Episode 67 – Staging an ICJ intervention with Juliette McIntyre

Clarity in legislation, Diggory Bailey and Luke Norbury, 'Clarity in legislation' in Constantin Stefanou (ed.) Modern legislative drafting - a research companion (Routledge) (forthcoming) (2022)

Confronting race, Chapter III and preventive (in)justice : Garlett v Western Australia by Tamara Tulich and Sarah Murray on Australian Public Law

Innovative justice, The Honourable A S Bell, Sir Ninian Stephen Lecture, University of Newcastle

The Law Down Under podcast presented by Chris Patterson - E20 Regulation of therapeutic goods and medical devices with Dr Marco Rizzi

Law in Action (BBC) presented by Joshua Rozenberg - Scrapping European law

Law Pod UK presented by Rosalind English - What type of property is crypto? with Rob Kellar KC

Law Report (ABC) for 1 November presented by Damien Carrick - 'Juror misconduct' ends parliament rape trial; 'proper inquiry' in road accidents

Net neutrality : big tech vs big telco by Peter Waters, Andrew Low, Tanya Macdonald and Simon Muys of Gilbert + Tobin

The official story of the law by William Baude and Stephen E. Sachs, Oxford journal of legal studies (forthcoming)

Ombuds(man) – what's in a name? by Anita Shtmucke and Matthew Groves on Admin Law Blog

SDCV v Director-General of Security : 'closed evidence' and 'practical justice' by David Hume on Australian Public Law

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - The end of the beginning

Secret ministries and the Constitution : an implied requirement of publication? by Fiona Roughley and Megan Caristo,(2023) Australian Law Journal (forthcoming)

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 02 : Perspectives on the Sentencing Council with Moira Magrath and Howard Brown

Settled practice in statutory interpretation by Diggory Bailey, Cambridge law journal (forthcoming)

Colinvaux's law of insurance (13th ed) / Robert Merkin

Dicey, Morris and Collins on the conflict of laws (16th ed) / Lawrence Collins and Jonathan Harris

Keeping the peace of the realm / Samuel White

Law and religion in the Commonwealth : the evolution of case law / Renae Barker, Paul Babie and Neil Foster (eds)

The naked Australian Constitution : interpretations, inadequacies and implications / Ian Killey

Bamfield & Secretary, Department of Communities and Justice [2022] FedCFamC1A 35 - application of the Hague Convention to an Indigenous Australian child

Guest & Anor v Guest [2022] UKSC 27 - "One of the principal functions of equity is to put right injustice to which the law is otherwise blind, by restraining the rigid application of legal rules where their implementation would be unconscionable."

Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318 - evidence, objection to tender of scientific journal articles

LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 - migration, "nature and scope of the Minister's fact finding task in determining what the national interest"

Secretary, Department of Communities and Justice v KH & Ors [2022] NSWCA 221 - "Assuming such a power existed, the order is nevertheless unfortunate in that any exercise of parental responsibilities is hard enough without having to interpret and apply a 195-page decision in doing so."

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 - permanent stay of a civil claim over sexual offences because the alleged perpetrator has died

JADE have added new Zoom training sessions.

Sessions available : Beginner - Monday 7 November and Wednesday 9 November, 4.30pm Intermediate - Tuesday 8 November, 4.30pm Advanced - Thursday 10 November, 4.30pm Getting Savvy with JADE - Wednesday 23 November, 4.30pm Navigating Case Law using JADE - Wednesday 30 November, 4.30pm Mastering JADE - Wednesday 7 December, 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.

Proclamations commencing Acts

Electoral Legislation Amendment Act (No 2) 2022 No 58 (2022-653) — published LW 2 November 2022

Electoral Legislation Amendment Act 2022 No 57 (2022-652) — published LW 2 November 2022

Register for the 2022 Hal Wootten Lecture presented by The Honourable Chief Justice Susan Mary Kiefel AC. Chief Justice Kiefel will discuss landmark cases that have shaped Australian common law.

Time : Thursday 24 Nov 2022 6:30 PM - 7:30 PM AEDT

Place : LAW THEATRE G04, UNSW SYDNEY

See details here.

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.

Proclamations commencing Acts

Public Spaces (Unattended Property) Act 2021 No 38 (2022-635) — published LW 28 October 2022

Bills assented to

Childcare and Economic Opportunity Fund Act 2022 No 54 — assented to 26 October 2022

Confiscation of Proceeds of Crime Legislation Amendment Act 2022 No 55 — assented to 26 October 2022

Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022 No 56 — assented to 26 October 2022

Electoral Legislation Amendment Act 2022 No 57 — assented to 26 October 2022

Electoral Legislation Amendment Act (No 2) 2022 No 58 — assented to 26 October 2022

Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59 — assented to 26 October 2022