The Library Bulletin

A clean and healthy environment is a human right, U.N. resolution declares by Elizabeth Claire Alberts on Mongabay

The fix is in : how to restore public faith in government appointments by Justine Nolan on The Conversation

High Court throws out bid by animal rights activists to challenge 'ag-gag' laws preventing them from filming farm practices by Elizabeth Byrne on ABC News

How brain-monitoring tech advances could change the law from University of Sydney

Kiribati constitutional crisis deepens as it orders deportation of its Australian-born high court justice by Kieran Pender on The Guardian

Labelling 'fake art' isn't enough. Australia needs to recognise and protect First Nations cultural and intellectual property by Nicola St John and Emrhan Sultan on The Conversation

Royal Commission into Defence and Veteran Suicide calls for end to claims backlog, shares 'dismay' at 'limited' government action by Adam Langenberg on ABC News

Sour grapes : Italy takes Slovenia to court over balsamic vinegar by Angela Giuffrida on The Guardian

The very human history of defamation from the Duke d'Orléans to Wagatha Christie by William Holmes on Legal Cheek

What makes a referendum successful? on Life Matters (Radio National) with Hilary Harper and Beverley Wang

Dansie v The Queen [2022] HCA 25 - criminal practice, murder

Farm Transparency International Ltd v New South Wales [2022] HCA 23 - constitutional law, implied freedom of communication about governmental or political matters

O'Dea v The State of Western Australia [2022] HCA 24 - criminal law, "acting in concert"

SB v R [2022] NSWCCA 164 - "It is unhelpful, as well as contrary to authority, to seek to diminish the gravity of a crime by reference to what it is not"

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

Access to anthropological evidence and documents created in Native Title litigation by Aaron Moss, University of Queensland Law Journal (forthcoming)

AI decision-making and the courts : a guide for judges, tribunal members and court administrators by Felicity Bell, Lyria Bennett Moses, Michael Legg, Jacob Silove and Monika Zalnieriute, Australasian Institute of Judicial Administration, 2022

Conversations with Sarah Kanowski - A life in the law, on the Glitter Strip

Does competition law need to be digitally disrupted? by Peter Waters of Gilbert + Tobin

Law Down Under podcast by Chris Patterson - Episode 17 - Corporate insolvency with Hon Paul Heath QC

Law Report (ABC) for 9 August presented by Damien Carrick - Life, death and the law

Litigating Barbie : trade mark infringement, parody and free speech by M. P. Ram Mohan and Aditya Gupta, Indian Institute of Management Ahmedabad Working Paper (July 2022)

Private law, conscience and moral reasoning : the role of the judge by the Hon Justice Chris Maxwell AC and Professor Matthew Harding, Melbourne University Law Review, 46(1) (forthcoming)

Recent developments in competition law : cartel cases by Justice Wigney, speech given on 9 June 2022 at the book launch of Michael Gvozdenovic and Stephen Puttick (eds.), Current issues in competition law (The Federation Press, 2021)

Timely reminder – principles applicable to public interest determination under the GIPA Act by Patrick Holland, Kate Swain and Noah Berry of McCullough Robertson

Unfair Contract Terms (UCT) reform back on the agenda! by Teresa Torcasio, Zoe Vise and Erin Upson of HWL Ebsworth

The Library will be closed for one hour between 3 and 4pm on Tuesday August 16.

We apologise for any inconvenience.

JADE is a legal research system developed by barristers for barristers and starting next week their team will be running four training sessions a week to help Bar members make the most of their legal research with JADE. Sessions are available at beginner, intermediate and advanced levels and are run Monday, Tuesday, Thursday and Friday. 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.

Awaiting assent

Casino Legislation Amendment Bill 2022 - Awaiting Assent, Thu 11 Aug 2022

National Parks and Wildlife Amendment (Reservations) Bill 2022 - Awaiting Assent, Thu 11 Aug 2022

Ombudsman Legislation Amendment Bill 2022 - Awaiting Assent, Thu 11 Aug 2022

Transport Administration Amendment (Rail Trails) Bill 2022 - Awaiting Assent, Thu 11 Aug 2022

In progress

Climate Change (Emissions Targets) Bill 2021 (Sharpe) - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 11 Aug 2022

Crimes (Sentencing Procedure) Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 10 Aug 2022

Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022 - in Legislative Assembly, To be reported, Thu 11 Aug 2022

Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 10 Aug 2022

Electoral Legislation Amendment Bill 2022 - in Legislative Council, To be reported, Wed 10 Aug 2022

Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 10 Aug 2022

Industrial Relations Amendment (Dispute Orders) Bill 2022 - in Legislative Council, 2R, Tue 9 Aug 2022

Museums of History NSW Bill 2022 - in Legislative Assembly, To be reported, Thu 11 Aug 2022

Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill 2022 - in Legislative Council, 2R Speech, Wed 10 Aug 2022

Road Transport Amendment (Prohibition of U-turns and 3-point Turns in School Zones) Bill 2022 - in Legislative Assembly, Interrupted mover's 2R Speech, Thu 11 Aug 2022

Roads Amendment (Tolling Transparency) Bill 2022 - in Legislative Council, 2R, Debate adjourned, Wed 10 Aug 2022

Scrap Metal Industry Amendment (Review) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 10 Aug 2022

Water Management Amendment (Floodplain Harvesting Licences Compensation) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 11 Aug 2022

Workers' Compensation (Dust Diseases) Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 10 Aug 2022

Australia's climate change targets will become law. What happens now? by Adam Morton in The Guardian

Commonwealth drops attempt to challenge High Court ruling that Aboriginal Australians cannot be deported by Elizabeth Byrne on ABC News

Judges need better education and structures to improve impartiality : report by Gabrielle Appleby on The Conversation

1922 : after Ryan, the storm by Justice Keane AC, Selden Society Lecture, Supreme Court Queensland

Book launch : Dynamic and principled – the influence of Sir Anthony Mason by The Honourable Justice Stephen Gageler AC, in the presence of Sir Anthony and Professor William Gummow, from University of Sydney Law School and The Federation Press

Creating a constitutional Voice – the words that could change Australia by Anne Twomey on The Conversation

Law Report (ABC) for 2 August presented by Damian Carrick - Legal decisions and analytics

Making law through practice : examples from commercial law presented by Sir Ross Cranston, Selden Society lecture series podcast

The Mason Conversation 2022 – The Honourable Murray Gleeson AC

Political parties and the courts from Melbourne Law School, presented by Professor Anika Gauja and Professor Graeme Orr and chaired by Associate Professor Yee-Fui Ng

There runs the quick perspective of the future : where to from here? by Justice Colvin, Robert French AC Oration

Register for Truth in Political Advertising Laws and the Australian Constitution, with speakers Mr Mick Sherry, Mr Kieran Pender and Professor Lisa Hill, chaired by Associate Professor Luke Beck.

Time : 10 August 2022, 5:30 pm – 6:30 pm AEST

See details here.

Register for UNCLOS III and the LOSC institutions and implementing agreements, moderated by Professor Donald Rothwell, with speakers Associate Professor Joanna Mossop, Dr Phil Symonds, Mr Mark Alcock and Ms Alice Revell.

Time : Aug 23, 2022 05:00 PM AEST

See details here.

CNI IWI Holdings Limited v Tūhoe Establishment Trust [2022] NZHC 1880 – judicial review of a statutory tikanga-based adjudication process to determine and allocate mana whenua interests of eight iwi in CNI forests land

New Westlaw

On 31 July 2022 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 : Tuesday 9 August 2.30pm AEST Register

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

Wednesday 21 September 11.00am AEST Register

Without Fear or Favour : Judicial Impartiality and the Law on Bias (ALRC Report 138) The final report was published 2 August 2022 and is available at https://www.alrc.gov.au/publication/ji-report-138/.

Aldridge : powers of attorney (12th ed) / Geoffrey Shindler and Patricia Wass

Charlesworth and Percy on negligence (15th ed) / Mark Armitage, Peter Morton, Richard Hyde, Philip Kramer, Roger Cooper and Stephen Todd

The law of private equity funds / Andrew Wylie

Macken's law of employment (9th ed) / Carolyn Sappideen, Paul O'Grady and Joellen Riley

The Bar Library will re-open on January 31, 2022 resuming normal business hours (8:30am-5:30pm) for 3 days per week, Monday, Wednesday and Friday. Please observe public health orders and COVID-safe practices, including wearing masks and social distancing when visiting the Bar Library.

The librarians will be available to answer research requests 8:30am-5:30pm Monday- Friday, please email libref@nswbar.asn.au.

Research requests directed to libref@nswbar.asn.au will be answered between 10am and 4pm weekdays through to Friday 29 January 2022.

New Westlaw

On 31 July 2022 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 :

Tuesday 9 August 2.30pm AEST Register

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

Wednesday 21 September 11.00am AEST Register

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 and provide dates/times that will be convenient for you.

Attrition by Joanna Hardy-Susskind on The Secret Barrister

Deadly sins and handy hints of statutory interpretation by Justice Logan, Commentary delivered at the Workshop conducted by the Bar Association of Queensland South Pacific Region Legal Education Committee

Defining democracy down : political judicialisation, judicial politicisation by Helen Dale from the Centre for Independent Studies

Employer's 'inadvertent error' invalidates enterprise agreement by Michael Selinger, Jennifer van Bronswijk and Annelise Harper of Holding Redlich

Law Down Under Podcast presented by Chris Patterson - Justice and legal apps with professors Bin Li and Tania Sourdin

Law Report (ABC) for 26 July presented by Damian Carrick - Who should be held legally liable for accidents involving e-scooters?

NSW Court of Appeal confirms scope of step-in power under an operations and management contract​​ by Alexander Danne and Kon Nakousis of Gilbert + Tobin

Vagueness in legal language : it's not all bad by Megan Ma on Artificial Lawyer

Whither the implied freedom of political communication? by Geoffrey Nettle, (2021) 47(1) Monash University Law Review 1

Long-time justice advocate sworn in as Northern Territory’s first Aboriginal judge by Giovanni Torre in National Indigenous Times

NSW judge criticises new bail laws passed after Daily Telegraph campaign by Michael McGowan in The Guardian

Bob Brown Foundation Inc v Minister for the Environment (No 2) [2022] FCA 873 - environmental law, judicial review

United Trade Action Group Ltd, R (On the Application Of) v Transport for London & Anor [2022] EWCA Civ 1026 - "It may seem extraordinary that the underlying question of law is one of the interpretation of a statute enacted in 1869, before the invention of the telephone or the motorcar, let alone the internet or the smartphone app. Yet that is the issue before us"

Register for Is the US Supreme Court in crisis?, Professor Rosalind Dixon in conversation with US constitutional law scholar, Professor Amanda Tyler. Hosted by the UNSW Gilbert + Tobin Centre of Public Law

Time : Mon., 8 August 2022, 1:00 pm – 2:00 pm AEST

See details here.

Keay's insolvency : personal and corporate law and practice (10th ed) / Michael Murray and Jason Harris

Shanahan's Australian law of trade marks and passing off (7th ed) / Mark Davison and Ian Horak

From 'evil fame' to kite flying bans, WA has seen a lot of very odd laws by Emma Wynne on ABC News

'Instruments of injustice' : Victoria's highest court denounces state's mandatory sentencing by Nino Bucci on The Guardian

NSW moves a step closer to criminalising 'insidious' coercive control on SBS News

Short women can be cops too, Spain's top court rules by Inti Landauro, editing by Andrei Khalip and Susan Fenton on Reuters

Chen-Young v Eagle Merchant Bank Jamaica Ltd & Ors (Jamaica) [2022] UKPC 31 - "conduct of the case on appeal by judges of the court, who had retired before judgment was delivered and who failed to obtain an extension of time for the purpose of delivering the judgment"

Owies v JJE Nominees Pty Ltd [2022] VSCA 142 - operation of discretionary trusts

Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association 2022 SCC 30 - principle of technological neutrality

Zurich Insurance PLC v Koper [2022] NSWCA 128 - constitutional challenge to validity of provisions of Trans-Tasman Proceedings Act 2010 (Cth) allowing service in NZ (where underlying claim not in federal jurisdiction) rejected