The Library Bulletin

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.

The Bar Library will be closed on Thursday, 15 September from 10-11:30 am to allow the Librarians to attend workplace training. We apologise for any inconvenience.

eSafety Commissioner issues legal notices to big tech companies on ABC News

'One of the most progressive and environmentally conscious legal texts on the planet' : Chile's proposed constitution and its lessons for Australia by Ana Estefanía Carballo and Erin Fitz-Henry on The Conversation

Wangan and Jagalingou traditional owners use human rights law to occupy Bravus's Carmichael Coal Mine by Inga Stünzner on ABC News

In the matter of Jana Pty Ltd [2022] NSWSC 112 - statutory demands, deed drafting

J v D [2022] NSWCA 147 - damages, ambiguity

Sheppard v Smith [2022] NSWCA 167 - easements, right of way granted to facilitate the removal of nightsoil not obsolete as a result of the installation of sewer lines in 1908 as terms of the grant did not so limit its use

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 :

Monday 5 September 3.00pm AEST Register

Wednesday 21 September 11.00am AEST Register

Register for Without Fear or Favour : Responses to the ALRC Report on Judicial Impartiality chaired by The Hon Justice SC Derrington AM with keynote speaker The Hon Mark Dreyfus QC MP, moderator Sarah Fulton and panellists The Hon Robert French AC, Professor Gabrielle Appleby and Mr Anthony McAvoy SC. Hosted by the Australian Law Reform Commission.

Time : Thursday 29 September 2022, 12:00pm – 1.30pm AEST

See details here.

The New South Wales Law Reform Commission has been asked to review aspects of the Bail Act 2013 (NSW), specifically show cause offences and the unacceptable risk test. Submissions are welcome.

See details here.

Deadline for submissions is 23 September 2022.

Ambiguity is resolved by examining a decision maker's reasons as a whole, on a background of the evidence by Raissa Galang of McCabes

Ceremonial Sitting of the Full Court of the Federal Court of Australia to farewell the Honourable Justice Greenwood

Constituent power and the Commonwealth Constitution : a preliminary investigation, George Duke and Carlo Dellora, (2022) 44(2) Sydney Law Review 199 (Advance)

Family law and equity - friends, enemies or frenemies? by The Hon Justice Michelle Gordon AC, Peter Nygh Memorial Lecture – 19th National Family Law Conference 15 August 2022

Hoary precedents by Matthew H. Kramer, University of Cambridge Faculty of Law Research Paper No. 3/2022

Intellectual property and 'brand jamming' : an international snapshot by Odette Gourley and Grace Griffiths of Corrs Chambers Westgarth

Law Report (ABC) for 30 August presented by Damien Carrick - Chris Dawson trial : former teacher found guilty of wife's murder

New approaches to combatting online hate speech by Peter Waters, Bruce Craig and Rocky Lagudi of Gilbert + Tobin

Supreme Court sets aside a statutory demand based on a "very poorly drafted deed" by Andrew Lacey of McCabes

Can courts be bulwarks of democracy? : judges and the politics of prudence / Jeffrey K. Staton, Christopher Reenock and Jordan Holsinger

Free speech : from core values to current debates / Len Niehoff and E. Thomas Sullivan

Gatley on libel and slander (13th ed) / Richard Parkes, Godwin Busittil, Alastair Mullis, Tom Blackburn, David Rolph, Andrew Scott

The ombudsman in the modern state / Matthew Groves and Anita Stuhmcke (eds)

Commonwealth criminal law (3rd ed) / Troy Anderson

Consumer protection law in Australia (4th ed) / Alex Bruce

Hammerschlag's Commercial Court handbook (2nd ed) / David Hammerschlag

Intellectual property in Australia (7th ed) / William van Caenegem, Judith Bannister, Charles Lawson, Adam Liberman and Andrew Stewart

Property law in New South Wales (5th ed) / Janice Gray, Neil Foster, Shaunnagh Dorsett, Heather Roberts and Darryn Jensen

Without prejudice privilege in Australia (2nd ed) / Ronald J. Desiatnik

The Department of Industry, Science and Resources is consulting on reforming the Safeguard Mechanism to help industry reduce emissions in line with Australia's climate targets.

See details here.

Deadline for submissions is 20 September 2022.

Federal Court to travel to Tiwi Islands for on-Country evidence in legal challenge to Santos’ Barossa Gas Project, media release, Environmental Defenders Office

Federal integrity body could learn lessons from WA's corruption watchdog by Keane Bourke on ABC News

Pacific Island high courts are still dominated by foreign judges, but a constitutional crisis in Kiribati is exposing the risks by Annika Burgess and Dubravka Volodor on ABC News

Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 - unfair dismissal, Deliveroo is not an employer

Westpac Banking Corporation v Forum Finance Pty Limited (Apprehended Bias Application) [2022] FCA 981 - "where there is some logic connexion between that matter and the feared departure from the required judicial decision-making process", judicial recusal

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 :

Monday 5 September 3.00pm AEST Register

Wednesday 21 September 11.00am AEST Register

Register for Australian Capital Television v Commonwealth : 30 Years of the Implied Freedom of Political Communication from University of Melbourne as part of the CCCS Global Public Law Seminar Series.

Time : Monday 12 September 2022, 5:30pm - 7:00pm

See details here.

Books, books, books podcast hosted by Nicole Abadee, from Sydney Law School - Episode 3 - Teela Reid, Sydney Law School’s first First Nations Lawyer in Residence

Ceremonial sitting of the Full Court of the Federal Court of Australia to welcome the Honourable Justice Meagher

Compulsory acquisition laws and processes come under review in New South Wales by Peter Barakate of HWL Ebsworth

Data and judicial impartiality by Daniel Ghezelbash, Keyvan Dorostkar, Saul Wodak and Robert Ross on Australian Public Law

Deliveroo is not an employer : decision of Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156 by Nick Maley of Holman Webb

Law Report (ABC) for 23 August presented by Damien Carrick - Government releases legal advice on Morrison's secret ministerial appointments

Long waves of constitutional principle in the common law, Lord Sales, Public Law Conference

The value of compassion in the law, Justice Jagot, Delivered to the Supreme Court Tipstaff and Researchers Conference, 19 August 2022

White Noise podcast hosted by Jaynaya Dwyer, from the Indigenous Law and Justice Hub, University of Melbourne - The ATSIC chronicles : reflections from the journey and lessons for the Voice

The recent JADE training sessions are now available for on-demand viewing, please see here.

Bar members are also invited to set up individual sessions with the JADE team here if they would like.

16th-century log of swan ownership goes up for auction by Harriet Sherwood on The Guardian

'Coercive control' gaining recognition, media release, Parliament of Victoria

Hidden gems : Translators and interpreters in Australia play a critical if seldom seen role by Jinhyun Cho on The Conversation

High Court finds Google is not a publisher in crucial win for search engine by Elizabeth Byrne on ABC News

The ALRC on judicial impartiality - and the momentum towards judicial appointments reform by Andrew Lynch on Australian Public Law

Borderlines podcast hosted by Katerina Linos - Intisar Rabb, Interpreting MetaCanons

COUNTERSIGN podcast hosted by Stewart Motha - EcoLaw featuring Margaret Davies

Data and judicial impartiality by Daniel Ghezelbash, Keyvan Dorostkar, Saul Wodak and Robert Ross on Australian Public Law

Indigenous Voice Co-design Process Final Report by Professors Tom Calma and Marcia Langton

Law Down Under podcast by Chris Patterson - E 18 Social enterprises, impact investing, and podcasting with Steven Moe

Law Report (ABC) for 16 August presented by Damien Carrick - High Court rejects activists' challenge to NSW surveillance laws, and women bring prison stories to the stage

The legalisation of voluntary assisted dying in New South Wales – an overview by Zara Officer and Perry Peralta of Holman Webb

Mutual borrowing and judicial dialogue between the apex courts of Australia and the United Kingdom by Justice Edelman with the Rt Hon. Lady Arden (pre-edited version, published version to be in LQR)

Nothing to fear and much to be gained from a federal judicial commission by Gabrielle Appleby on Australian Public Law

Statutory interpretation in the courts today, by Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022

Taking judging and judges seriously : facts, framework and function in Australian constitutional law" by Justice Gordon AC, Monash University Lucinda Lecture delivered 2 August 2022. Pre-edited version.

Three reasons why disinformation is so pervasive and what we can do about it by Mathieu O'Neil and Michael Jensen on The Conversation

Twitter seeking 'specific performance' against Elon Musk for breach of contract – what does it all mean? by Toby Boys, Tom Goodwin, and James Phillips of Holding Redlich

Questions arising from the FCC and FCoA merge by Leah Reid of Greenway Chambers

When can a court's decision be ignored? by the Hon Justice Kristen Walker, 2022 Melbourne University Law Review Annual Lecture

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E4 : The new provision of the NSW Bail Act + HCA reaffirming the separation of the Executive and judiciary + DPP v Peckham : no prosecutor? no...

Without fear or favour : the ALRC's report on judicial impartiality by William Isdale and Sarah Fulton on Australian Public Law

Yesterday, today and tomorrow – a trend towards equality? by Chief Justice Kiefel AC at the Australian Women Lawyers Conference 2022

Register for Judicial Independence with speakers Judge José Matos and Justice Jacqueline Gleeson, hosted by Australian Academy of Law.

Time : Monday, 22 August 2022, 5.00 pm - 6.30 pm Location: Court No 1, Federal Court of Australia, Queens Square, Sydney and online

See details here.

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 - patents, electronic gaming machines

Athans v The Queen [2022] SASCA 71 - "at the risk of being seen as stuck in Dickensian times, I do not think this case, with the peculiarities of the Snapchat App, is the appropriate vehicle to redefine what amounts to a photograph and therefore a document, for the purpose of the common law"

Google LLC v Defteros [2022] HCA 27 - defamation, publication, Google is not a publisher

Massoud v Nationwide News Pty Ltd; Massoud v Fox Sports Australia Pty Ltd [2022] NSWCA 150 - defamation, offensive language

Nathanson v Minister for Home Affairs & Anor [2022] HCA 26 - administrative law, judicial review, jurisdictional error, "The legal rules concerning materiality... are not presently in a state of blinding lucidity"

R v Perrin [2022] NSWCCA 170 - construction of section 58 of Crimes (Sentencing Procedure) Act 1999 (NSW) : "existing sentence" is determined at the time the "new sentence" is being imposed, not at the time the "new sentence" commences

Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2022] HCA 28 - immigration, visas, review of cancellation decision

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 24 August 12.30pm AEST Register Monday 5 September 3.00pm AEST Register

Wednesday 21 September 11.00am AEST Register

The NSW Government has released an exposure draft Crimes Legislation Amendment (Coercive Control) Bill 2022 for comment, see here.

Deadline for submissions is 31 August 2022.

Crime and mental health law in New South Wales : a practical guide for lawyers and health care professionals (3rd ed) (supplement)

Environmental courts and tribunals : powers, integrity, and the search for legitimacy / Ceri Warnock

Handbook of ICC arbitration : commentary and materials (5th ed) / Thomas H. Webster and Michael W. Buhler

National climate change acts : the emergence, form, and nature of national framework climate legislation / edited by Thomas L. Muinzer (ed)

Royal commissions : law and practice / Chad Jacobi and Sarah Newman

Register for Reflections on the Legacy of Sir Gerard Brennan to Australian Public Law presented by The Honourable Stephen Gageler AC, Christopher Horan QC and Professor Kristen Rundle as part of the CCCS Global Public Law Seminar Series.

Time : Monday 15 August 2022, 5:30pm - 7:00pm

See details here.