The Library Bulletin

Due to the Bar Librarians' participation in NSW Bar Association NAIDOC Week activities the Bar Library will be closed on Wednesday 6 July from 10am-11am and then again on Monday 11 July from 10am-11am. We apologise for any inconvenience.

Is the Metaverse the virtual wild, wild west?, The Media Sport and Entertainment Law Podcast, Episode 2 presented by Tom K. Ara, Ryan J. Black and Katherine Imp of DLA piper

Law in Action (BBC) for 14 June presented by Joshua Rozenberg - Investigating war crimes in Ukraine

Law Report (ABC) for 21 June presented by Damian Carrick - Can machines invent, and animals create?

Learning from legal archives with Jim Ambuske, from University of Oxford

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'? by Jeremy Quan-Sing, Lucy Zimdahl, and Samuel Leeson of Allens Linklaters

NCAT's protective jurisdiction in context by Justice Geoff Lindsay, NSW Civil and Administrative Tribunal (NCAT) Guardianship Division Training Seminar

A new Treaty Authority between First Peoples and the Victorian government is a vital step towards a treaty by Melissa Castan, Kate Galloway and Scott Walker on The Conversation

Tribute to the Honourable Justice Peter Johnson by The Honourable Justice R A Hulme​, speech made at a dinner to mark the retirement as a judge of the Hon Justice Peter Johnson on 16 June 2022

The UK's (new) Bill of Rights by Mark Elliott on Public Law for Everyone

Federal Court rules in favour of international workers in wage dispute by Ainslie Drewitt-Smith on ABC News

From Vanuatu law school to the Hague : the fight to recognise climate harm in international law by Kate Lyons in The Guardian

Register for the 2022 Mason Conversation, featuring the Honourable Murray Gleeson AC in conversation with Professor Rosalind Dixon

Time : Wednesday, 3 August 2022, 5:30 pm – 7:00 pm AEST

See details here.

Basi v Namitha Nakul Pty Ltd [2022] FCA 712 - contravention of the Fair Work Act, underpayment

Build-A-Bear Workshop UK Holdings Ltd v Commissioners for Her Majesty's Revenue and Customs [2022] EWCA Civ 825 - are Build-A-Bear stuffed toy or doll accessories?

Deng v Zheng [2022] NZSC 76 - The court made some general observations about cases in which one or more of the parties have a cultural background which differs from that of the judge and the judgment provides guidelines for cases where it is appropriate for a judge to receive evidence of material bearing on the social and cultural framework within which protagonists in a case may have been operating.

LCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103 - class actions

R v Lehrmann (No 2) [2022] ACTSC 92 - "it does not follow that the Court is condoning a media "free for all". The question is one of the appropriate method of regulation. This country has robust contempt laws of which the media may be taken to be aware."

Rigney v The Queen; Mitchell v The Queen; Carver v The Queen [2022] HCATrans 112 - "As I understand the applicant's position is that the contemplation needs to be a contemplation of death, that death will occur, whereas the Crown's position is that the contemplation needs to be only any intentional act of violence."

Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros [2022] FCA 709 - dispute as to jurisdiction of Federal Circuit and Family Court of Australia (Div 2) and Federal Court of Australia in relation to claim for co-insurance

Australian tax handbook 2022 / R. L. Deutsch, M. L. Friezer, I. G. Fullerton, P. J. Hanley and T. J. Snape

Jackson & Powell on professional liability (9th ed) / John L. Powell, Roger Stewart, Mark Cannon and David Turner

The law of proprietary estoppel (2nd ed) / Ben McFarlane

MacGillivray on insurance law (15th ed) / John Birds, Ben Lynch and Simon Paul

Wadlow on the law of passing off (6th ed) / Christopher Wadlow

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.

Awaiting assent

Bail Amendment Bill 2022 - Thu 23 Jun 2022

Child Protection (Working with Children) Amendment Bill 2022 - Wed 22 Jun 2022

Children's Guardian Amendment Bill 2022 - Wed 22 Jun 2022

Disability Inclusion Amendment Bill 2022 - Wed 22 Jun 2022

ICAC and LECC Legislation Amendment Bill 2022 - Thu 23 Jun 2022

State Revenue Legislation Amendment Bill 2022 - Thu 23 Jun 2022

Treasury Legislation Amendment (Miscellaneous) Bill 2022 - Wed 22 Jun 2022

In progress

Aboriginal Cultural Heritage (Culture is Identity) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Jun 2022

Animal Research Amendment (Right to Release) Bill 2022 - in Legislative Assembly, Awaiting mover's 2R Speech, Thu 23 Jun 2022

Appropriation (Parliament) Bill 2022 - in Legislative Council, To be reported, Thu 23 Jun 2022

Appropriation Bill 2022 - in Legislative Council, To be reported, Thu 23 Jun 2022

Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 21 Jun 2022

Criminal Assets Recovery Amendment (Unexplained Wealth) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Jun 2022

Electoral Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 22 Jun 2022

Fiscal Responsibility Amendment (Privatisation Restrictions) Bill 2021 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 23 Jun 2022

Government Sector Finance Amendment (Jobs for NSW) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 22 Jun 2022

Museums of History NSW Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 22 Jun 2022

National Parks and Wildlife Amendment (Reservations) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 21 Jun 2022

Ombudsman Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 21 Jun 2022

Roads Amendment (Tolling Transparency) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Jun 2022

Rock Fishing Safety Amendment Bill 2021 - in Legislative Assembly, Awaiting mover's 2R Speech, Thu 23 Jun 2022

Transport Administration Amendment (Rail Trails) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 21 Jun 2022

Water Management Amendment (Floodplain Harvesting Licences Compensation) Bill 2022 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 23 Jun 2022

Notice of motion

Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 - in Legislative Assembly, Notice of Motion, Wed 22 Jun 2022

Industrial Relations Amendment (Dispute Orders) Bill 2022 - in Legislative Council, Notice of Motion - Text of Bill not available, Thu 23 Jun 2022

Negatived

Industrial Relations Legislation Amendment (Public Sector Remuneration Cap Repeal) Bill 2022 - in Legislative Council, 2R negatived on division in the LC, Wed 22 Jun 2022

Australia has more women in cabinet than ever before : what difference will diversity make? by Louise Chappell and Claire Annesley on the Conversation

Fair Work Commission says 5.2pc increase 'protects real value of wages' for Australia's lowest paid workers by Shiloh Payne on ABC News

First Nations people shouldn't have to wait for a referendum to get a Voice to Parliament by Emma Lee on The Conversation

Happy the elephant is not a person, cannot be 'illegally confined' to Bronx Zoo on ABC News

Lincoln Crowley sworn in as nation's first Indigenous supreme court judge in The Guardian

Renewed calls for national guidelines on using facial recognition technology after CHOICE investigation by Heath Parkes-Hupton on ABC News

Supreme Court rules that Native Americans prosecuted in tribal courts can also be prosecuted in federal court on PBS News Hour

Annual Wage Review 2021–22 [2022] FWCFB 3500 - national minimum wage will be $812.60 per week, or $21.38 per hour, a 5.2pc increase

Hill v Cronin (No 2) [2022] VSC 328 - "despite my professional instincts to discharge my duty and to proceed to hear this matter to trial, I consider that a fair minded lay observer might reasonably apprehend that I may 'have a mind incapable of being altered by evidence or argument'[15] about the plaintiff’s credibility and reliability as a witness, being an issue likely to be relevant in the determination of this proceeding"

Hill v Zuda Pty Ltd [2022] HCA 21 - superannuation

Hore v The Queen ; Wichen v The Queen [2022] HCA 22 - criminal law

In the Matter of Nonhuman Rights Project v James J. Breheny, State of New York Court of Appeals, Decision No. 52, 14 June 2022 - Happy the Elephant decision

Thiab v Western Sydney University [2022] NSWSC 760 - human rights, political discrimination

Petitions by Janusy Dominic Joseph Patrick Tomala and Gillespie MacAndrew (Turtees) Limited for directions under section 6(VI) of the Court of Session Act 1988 and Rules 63.4 and 63.5 of the Rules of the Court of Session 1994 [2022] CSIH 26 - man who died in 2020 same person as differently named man married by the deceased in 1991

Register for a webinar about Responsive judicial review : democracy and dysfunction in the modern age by Rosalind Dixon hosted by Trinity Centre for Constitutional Governance.

DATE : Monday, 20 June 2022 TIME : 10:30 – 12:00 (Ireland), Monday 19:30 - 21:00 (Sydney)

See details here.

The 120th anniversary of women's suffrage in Australia by Anna Hough on FlagPost

Anti-corruption bodies in 2021 and their impact on the 2022 elections by Ryan Feuerherdt on Australian Public Law

Certificates of independent advice and unconscionable conduct – High Court case study : Stubbings v Jams 2 Pty Ltd [2022] HCA 6 by Simon Crawford and Jessica Cullin of HWL Ebsworth

Funded class actions are not managed investment schemes, the Full Court decides in overturning Brookfield Multiplex by Rebecca Spigelman and Jae Shin of Gilbert+Tobin

Hi, I'm Eddie podcast from State Library of Queensland

International law and the provocations of the digital : the 2021 Annual Kirby Lecture in International law by Fleur Johns, Forthcoming in the Australian Yearbook of International Law, UNSW Law Research Paper No. 22-14

Law and literature by Heather Casey on International Association of Law Libraries Blog

Law Report (ABC) for 14 June presented by Damian Carrick - High Court curbs minister's citizenship powers, and landmark ruling on unpaid wages

The Northern Ireland Protocol Bill by Mark Elliott on Public Law for Everyone

Palmer v Western Australia : a critique of the High Court's approach to constitutional review of executive exercises of power by Tom Manousaridis, Sydney Law Review, Volume 44(2) June 2022 (forthcoming)

Parliament Unpacked - Enforcers of discipline : role of the party whip, NSW Parliament

Q&A : Why does constitutional law matter? by Claire Moriarty, Baroness Gisela Stuart, and Sir Jonathan Jones QC on Constitutional Law Matters

Uber concedes to misleading millions of Australian consumers with its in-app claims by Chiara Rawlins and Shayna Correa​​ of McCabes

What goes where? A comparative discussion of the legislative puzzle hosted by Hon Justice Colvin with panel - Professor Julia Black CBE, Ross Carter, Professor Hans Tjio, and Professor Wai Yee Wan, Australian Law Reform Commission

Register for the book launch for Dynamic and principled – the influence of Sir Anthony Mason.

DATE : Jul 06 2022 TIME : 5:30 pm - 7:00 pm LOCATION : Supreme Court of NSW, Banco Court, Queens Square, 184 Philip Street, Sydney

See details here.

Commercial arbitration in Australia : under the model law (3rd ed) / Doug Jones and Janet Walker

Dynamic and principled : the influence of Sir Anthony Mason / Barbara McDonald, Ben Chen and Jeffrey Gordon (eds)

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.

Case to lower pension age for Indigenous Australians goes to full Federal Court by Elias Visontay in The Guardian

High Court blow to Commonwealth's terror laws on RN Drive with Andy Park

Landmark battle over $1.5 million worth of allegedly stolen cattle may be heard in NT Supreme Court by Roxanne Fitzgerald on ABC News

Landmark court decision will help workers recover unpaid wages, lawyer says by Sally Brooks on ABC News

Pat Dodson on implementing the Uluru Statement on RN Breakfast with Patricia Karvelas

Bills assented to

Electronic Conveyancing (Adoption of National Law) Amendment Act 2022 No 18 — assented to 06 June 2022

Firearms Legislation Amendment Act 2022 No 19 — assented to 06 June 2022

Government Telecommunications Amendment Act 2022 No 20 — assented to 06 June 2022

Mining and Petroleum Legislation Amendment Act 2022 No 21 — assented to 06 June 2022

Racing and Gambling Legislation Amendment Act 2022 No 22 — assented to 06 June 2022

RSL NSW Amendment Act 2022 No 23 — assented to 06 June 2022

Work Health and Safety (Mines and Petroleum Sites) Amendment Act 2022 No 24 — assented to 06 June 2022

In progress

Disability Inclusion Amendment Bill 2022 - in Legislative Council, Second Reading, Tue 7 Jun 2022

Fiscal Responsibility Amendment Bill 2022 - in Legislative Council, 2R, Wed 8 Jun 2022

Great Koala Protected Area Bill 2021 - in Legislative Council, 2R negatived on division in the LC, Wed 8 Jun 2022

ICAC and LECC Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 8 Jun 2022

Industrial Relations Legislation Amendment (Public Sector Remuneration Cap Repeal) Bill 2022 - in Legislative Council, 2R, Wed 8 Jun 2022

Parliamentary Budget Officer Amendment Bill 2022 - in Legislative Council, To be reported, Thu 9 Jun 2022

Rock Fishing Safety Amendment Bill 2021 - in Legislative Assembly, To be reported, Wed 8 Jun 2022

Statute Law (Miscellaneous Provisions) Bill 2022 - in Legislative Council, To be reported, Wed 8 Jun 2022

Treasury Legislation Amendment (Miscellaneous) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 8 Jun 2022

Awaiting assent

Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 - Awaiting Assent, Wed 8 Jun 2022

Notice of motion

Criminal Assets Recovery Amendment (Unexplained Wealth) Bill 2022 - in Legislative Council, Notice of Motion, Tue 7 Jun 2022

Economic Inequality (Initial Measures—Exemptions and Other Supports) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 7 Jun 2022

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 7 Jun 2022

Roads Amendment (Tolling Transparency) Bill 2022 - in Legislative Council, Notice of Motion, Tue 7 Jun 2022

Register for The Conversation : 30 years since Mabo, with Eddie Synot, Henry Reynolds, Hannah Duncan and Charles Passi.

Time : Wed 29 Jun, 6:30–7:30pm (Queensland)

See details here.

Alvarez Nino v Kuksal [2022] FedCFamC2G 401 - individuals involved in contravening civil remedy provisions can be named in small claims cases under s 548 of the Fair Work Act

Alexander v Minister for Home Affairs [2022] HCA 19 - constitutional law

Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 653 - migration, court rejected the argument that detention in youth justice centre while a minor - ordered under the Children, Youth and Families Act 2005 (Vic) - is not "imprisonment" within the meaning of s 501 of the Migration Act

State of Victoria v Villan [2022] VSCA 106 - "raises an issue of principle concerning the proper conduct of a solicitor in relation to a witness in a civil proceeding, where the witness may be the subject of future criminal prosecution in relation to the issue raised in the civil proceeding"

Thoms v Commonwealth of Australia [2022] HCA 20 - constitutional law

Tucker v McKee [2022] FCAFC 98 - decision on Federal Court's jurisdiction to hear and determine pure defamation claims

Coercive control and judicial education : a consultation report by Professor Heather Douglas and Ms Hannah Ehler, Australian Institute of Judicial Administration

Donoghue v Stevenson, 90th Anniversary Conference, presented by Lord Reed

A duty to offer alternatives? with John Whitting QC, Law Pod UK

Global landmark judgments by Eleonora Bottini on IACL-AIDC Blog

Implications by Justice Edelman, pre-edited version, edited version to be published in (2022) Australian Law Journal

Law Report (ABC) for 7 June presented by Damian Carrick - Judge v jury trials

McWilliam v Hunter [2022] NSWSC 342 by Nicholas Sharman and Daniel Weissel of McCabes

'No body to be kicked or soul to be damned' : the limits of a legal fiction, presented by Justice Patrick Keane AC, 2022 Harold Ford Memorial Lecture

Psychological harm in the workplace – to what extent is the employer responsible? by Amanda Tucker and Angela Marra of Holding Redlich

The rule of law 'by design'? by Monika Zalnieriute, Lyria Bennett Moses and George Williams in Tulane Law Review, Vol. 95(5), 2021, pp.1063-1101

Replacing group insurers, sliding doors – Sharma v H.E.S.T. Australia Ltd [2022] FCA 536 by Nicholas Matkovich and Rebecca Kort of HWL Ebsworth

The rule of law in judicial review today by Mark Mancini, Forgotten Foundations Symposium, Supreme Court Law Review v 105

When an accused goes into evidence by The Honourable A S Bell, Chief Justice of New South Wales, Keynote Address to the Legal Aid NSW Criminal Law Conference

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E2 : The Wigs Featuring Professor Jeremy Gans

Vic Bar : a history of the Victorian Bar / Peter Yule

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 between 3 & 4pm on Wednesday June 15 as Library staff will be attending an Emergency Response information session. Apologies for any inconvenience caused.

Almond Alliance of California et al v Fish and Game Commission et al, Court of Appeal of the State of California, Third Appellate District (Sacramento), C093542 - bees are "fish" for purposes of the state's endangered species Act. While "commonly understood" that a fish "lives in aquatic environments," "terrestrial invertebrate[s]," including bumble bees, qualify legally.

Fusillo v Nick Scali Limited (Civil Claims) [2022] VCAT 602 - " decision not to be misunderstood as a general attack on white leather furniture"

Leggett v Hawkesbury Race Club Limited (No 4) [2022] FCA 622 - constitutional law, where inconsistency between Commonwealth and State laws, judicial power of the Commonwealth

Scott v NPQ [2022] QCA 98 - sentencing for ongoing contempt

State v Freesoul Real Estate Development (Fiji) Pte Ltd [2022] FJHC 201 - environmental crime

German judges visit Peru glacial lake in unprecedented climate crisis lawsuit by Dan Collyns on The Guardian

Landmark court decision will help workers recover unpaid wages, lawyer says by Sally Brooks on ABC News

Lincoln Crowley appointed Australia's first Indigenous supreme court justice by Ben Mee on The Guardian

Mungo Man, Mungo Lady buried despite traditional owners' legal challenge by Hamish Cole on ABC News