The Library Bulletin

Proclamations commencing Acts

Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 No 79 (2023-343) — published LW 30 June 2023

In progress

Anti-Discrimination Amendment (Religious Vilification) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 28 Jun 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - in Legislative Assembly, To be reported, Tue 27 Jun 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 29 Jun 2023

Prevention of Cruelty to Animals Amendment (Gassing Devices Prohibition) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 28 Jun 2023

Property Services Council Bill 2023 - in Legislative Council, 2R negatived in the LC, Wed 28 Jun 2023

Residential Tenancies Amendment (Rent Freeze) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 29 Jun 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 27 Jun 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 28 Jun 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 29 Jun 2023

Awaiting assent

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Criminal Legislation Amendment (Knife Crimes) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - Awaiting Assent, Wed 28 Jun 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Notice of motion

Crimes Amendment (Breaking and Entering) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 29 Jun 2023

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 27 Jun 2023

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Minerals and Petroleum Legislation Amendment (Seabed Mining and Drilling and Associated Development Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Thu 29 Jun 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 27 Jun 2023

Can computers create copyright? Applying IP law to the output of generative AI by Daniel Kiley and Paul Sigar of HWL Ebsworth

Censorship in the law reports? by Colin Fong, Australian Law Librarian. Vol. 31 No. 2 2023

Corporate governance – big ideas and debates?, Justice Gordon AC, Harold Ford Memorial Lecture

Cultural icons, fair use and AI - the Prince decision and the future of copyright by Thomas Crowe and Paul Kallenbach of MinterEllison

Fake news? - ACMA to receive new powers to hold digital platforms to account by Sinead Lynch and Adam Walker of Gadens

Hallucination is the last thing you need by Shawn Curran, Sam Lansley and Oliver Bethell, Cornell University

Law Pod UK presented by Robert Kellar KC - NFTs : blockchain technology and the legal framework

Law Report (ABC) for 27 June presented by Damien Carrick - Kids' book points refugee mums to legal help

Lawyers are not obsolete… yet by Sarah Bullock of Cornwalls

The new digital giants by Lisa Fitzgerald of Lander and Rogers

Private international law and voices of children from Sydney Law School

The significance of context in misleading and deceptive conduct cases, Justice Rares, Commercial Law Association Lunchtime Series

UK Government sued over inadequate assessment of environmental impacts of the UK-Australia Free Trade Agreement by Duncan Grieve and Sharon Takhar of Cadwalader Wickersham & Taft

What happens when elderly parents transfer property to their children "upon trust"? by Monica Blizzard of KHQ Lawyers

Criminal lawyer warns artificial intelligence could make courtrooms 'doubt their own eyes' by Dominic Cansdale, Nicholas McElroy, and Jessica Lamb on ABC

Google to scrap local news links in Canada over Online News Act by Madeline Halpert on BBC News

Hundreds file suit targeting Mexico's divisive science law by Myriam Vidal Valero in Nature

Two US lawyers fined for submitting fake court citations from ChatGPT by Dan Milmo in The Guardian

Cappello v Lyons [2023] NSWCA 137 - Does an omission to include a matter in a pleading attract advocate's immunity?

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 - application to wind up foreign air carrier, foreign carrier a "separate entity of a foreign State" within the meaning of the Foreign States Immunities Act 1985 (Cth)

R v Palmer [2023] ACTCA 24 - "where orders of the court erroneously recorded on bench sheet – inconsistency between orders recorded in published judgment and orders recorded on bench sheet – narrative text from judgment erroneously recorded as redundant and inaccurate orders on bench sheet – bench sheet was subsequently amended without explanation"

Common law, equity and statute : a complex entangled system / Mark Leeming

Judicial independence under threat / Dimitrios Giannoulopoulos and Yvonne McDermott (eds.)

Winfield and Jolowicz on tort (20th ed) / James Goudkamp and Donal Nolan

Secretary, Department of Education v Derikuca [2023] NSWCA 94 - administrative law, certiorari

Sun v R [2023] NSWCCA 147 - "In my opinion, the correct construction is that a trial judge is granted a power to discharge an individual juror based on that juror’s capacity to perform the function of a juror."

Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660 - Aboriginal and Torres Strait Islander peoples, "novel claim for interference with use and enjoyment of land, including traditional community and cultural uses – claim for reduction of value in land, and inconvenience and distress"

Generative AI is a minefield for copyright law by Robert Mahari, Jessica Fjeld and Ziv Epstein on The Conversation

Voice to Parliament date to be set as Senate passes referendum legislation on RN Drive. Guest - George Williams, Deputy Vice-Chancellor and Professor of Law at the University of New South Wales

Where was the Sun? Here's why astronomers are more useful in court cases than you'd think by Brad E Tucker on The Conversation

Developments in commercial and corporations case law and practice, The Honourable Justice Ashley Black​, Law Society of New South Wales

Fergus, prison visitor on Conversations with Richard Fidler

Gremlins, Borgs, and judicial impartiality in multi-member courts: QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 by Sarah Fulton and Geneviève Murray on Australian Public Law

High Court GST case impacting government entities by Rhys Guild, Bastian Gasser, John Russell, Aaron Chisholm and Jesse Guo of Minter Ellison

Law Report (ABC) for 20 June presented by Damien Carrick - Does Australia need a Criminal Cases Review Commission?

A payment claim by another name by Robert Riddell and Tautvydas Anusaitis of Piper Alderman

The thin red line : Australian court redlines confidentiality of arbitration proceedings by Leon Chung, Guillermo García-Perrote and Inigo Kwan-Parsons of Herbert Smith Freehills

When is a food not a food? The mushroom case study by Charles Fisher of KHQ Lawyers

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Not your average break and enter : BA v The King [2023] HCA 14

In progress

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Jun 2023

Criminal Legislation Amendment (Knife Crimes) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 20 Jun 2023

Fiscal Responsibility Amendment (Wellbeing Budget) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 21 Jun 2023

Government Sector Finance Amendment (Grants) Bill (No 2) 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 22 Jun 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 22 Jun 2023

Awaiting assent

Parliamentary Remuneration Amendment Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Residential Tenancies Amendment (Rental Fairness) Bill 2023 - Awaiting Assent, Thu 22 Jun 2023

Statute Law (Miscellaneous Provisions) Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Statutory and Other Offices Remuneration Amendment Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Notice of motion

Constitution Amendment (Water NSW and Local Water Utilities) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 21 Jun 2023

Conversion Practices Prohibition Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 - in Legislative Council, Notice of Motion, Tue 20 Jun 2023

Equality Legislation Amendment (LGBTIQA+) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Petroleum (Onshore) Amendment (Liverpool Plains Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Tue 20 Jun 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - in Legislative Council, Notice of Motion, Thu 22 Jun 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 20 Jun 2023

Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Water Management Amendment (Water Access Licence Register) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Budding problem – ACCC proceeding against 'local' florist by Joanne Jary and Kayla Plunkett of Holding Redlich

The Constitution and state tribunals, The Honourabl​e Justice R​. T. Beech-Jones, edited version of the 15th Whitmore Lecture

The Constitutional relationships between 'just terms' acquisition, Territories, and Native Title : Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia by Aaron Moss on Australian Public Law

Law Report (ABC) for 13 June presented by Damien Carrick - US lawyer faces sanctions over ChatGPT use; what family courts can do for Indigenous Australians

Limits on Non-Statutory Executive Power : Davis v MICMSMA; Davis v Secretary of Department of Home Affairs [2023] HCA 10 by Maria O'Sullivan on Australian Public Law

Looking beyond the grey in life : additional clauses that may fall foul of the UCT regime by Maeve Moore of King and Wood Mallesons

More work to do – inquiry into banks dealing with deceased estates by Sonia Apikian and Susan Verginis of Gadens

No gear change : high bar to prove unconscionable conduct reinforced in ACCC v Mazda appeal by Sarah Fregon, Nicola McGrady and Sam Cleeve of Lander & Rogers

Subjective intention in the law of contract – its role and limits, The Honourable Justice M. J. Leeming​, Bar Association of Queensland, University of Queensland and Supreme Court of Queensland Library

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Domestic violence retractions : a flawed basis for prosecution

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Inaugural Speech of Stephen Lawrence MLC

Folbigg pardon : science is changing rapidly, and the law needs to change with it by Laura Dawes on The Conversation

Voice, treaty, truth : compared to other settler nations, Australia is the exception, not the rule by Amanda Nettelbeck on The Conversation

Dedeoglu v R [2023] NSWCCA 126 - application of the rule in Browne v Dunn against defendants in criminal trial

ENT19 v Minister for Home Affairs [2023] HCA 18 - immigration, refugees

Hornsby Shire Council v Commonwealth of Australia [2023] HCA 19 - constitutional law, taxation

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 - immigration, visas

Australian tax handbook 2023 / R. L. Deutsch, M. L. Friezer, I. G. Fullerton, P. J. Hanley and T. J. Snape

Corporations legislation 2023 / Jason Harris, Karen Petch, Kerry Abadee and Alexandra Pieniazek

Handbook of UNCITRAL arbitration : commentary, precedents and materials (4th ed) / Thomas H. Webster

Precedents as rules and practice : new approaches and methodologies in studies of legal precedents / Amalie Frese and Julius Schumann (eds.)

Farewell Ceremony for the Honourable Justice Paul Brereton AM RFD as a Judge of the Supreme Court of New South Wales and as a Judge of Appeal

FWC confirms significant increase to national minimum and award wages by Natasha Jones and Grace Sinclair of Holding Redlich

Keynote speech at SPLG Conference, Lord Sales, Scottish Public Law Group Conference

Law Report (ABC) for 6 June presented by Damien Carrick - Ben Roberts Smith loses defamation case, Kathleen Folbigg released from prison

Money in Australian electoral politics : reforming the morass by Graeme Orr on Australian Public Law

Remarks of the Hon. Justice O'Meara, Victorian Bar Readers' Dinner, Melbourne, 18 May 2023

Subjective intention in the law of contract – its role and limits, Honourable Justice MJ Leeming​, Bar Association of Queensland, University of Queensland and Supreme Court of Queensland Library

Supreme Court expands interpretation of 'address' under the Corporations Act by Howard Rapke, Alana Giles, and Michael Gu of Holding Redlich

"There and back again - the last quarter century", Honourable Justice MJ Leeming​, Opening Keynote Address for ALAANZ conference, Kimpton Margot Hotel, Sydney

The Department of Industry, Science and Resources has released Supporting responsible AI : discussion paper and would like submissions.

See details here.

The deadline for submissions is 26 July 2023.

How NZ's own law helped Australia win the Manuka Honey trademark war by David Jefferson on The Conversation

Kathleen Folbigg pardon shows Australia needs a dedicated body to investigate wrongful convictions by David Hamer and Andrew Dyer on The Conversation

A win for the press, a big loss for Ben Roberts-Smith : what does this judgment tell us about defamation law? by David Rolph on The Conversation

Annual Wage Review 2022-23 [2023] FWCFB 3500 - increase to national minimum and award wages

Duress, undue influence and unconscionable dealings (4th ed) / Nelson Enonchong

The negotiation of key merger and acquisition clauses : getting the deal done / Emma Scotney, James Sippe and Kanaga Dharmananda (eds.)

NSW [New South Wales] civil procedure handbook 2023 / John P. Hamilton, Geoff Lindsay and Carol Webster (eds.)

Reciprocal freedom : private law and public right / Ernest J. Weinrib

The Bar Library will be closed from 12-3pm on Thursday 15 June to allow the Librarians to attend a development session. We apologise for any inconvenience.

CCU21 v Minister for Home Affairs [2023] FCAFC 87 - migration, visas, procedural fairness

DPP v Payne [2023] VSC 286 - "Your case is unique in that it has occurred in the context of you being a victim of family violence at the hands of the person you killed but not in the context of self-defence which provides a legal excuse for the killing."

Activist shareholders in corporate governance : the Australian experience and its comparative implications / Tim Bowley

Australian competition law (4th ed) / Alex Bruce

Company law : a real entity theory / Eva Micheler

Data cartels : the companies that control and monopolize our information / Sarah Lamdan

Landmark cases in labour law / Jeremias Adams-Prassl, Alan Bogg and A. C. L. Davies (eds.)

Mann and Proctor on the law of of money (8th ed) / Charles Proctor

Reforming age discrimination law : beyond individual enforcement / Alysia Blackham

Renewable energy law / Olivia Woolley

Suicide and the law / Elizabeth Wicks

Australia moves on online safety by Adrian Lawrence, Adnrew Stewart and Allison Manvell of Baker McKenzie

Court of Appeal rectifies evidentiary burden in relation to combustible cladding claims by Gemma Dehn and Yasmin Bell of Hall and Wilcox

Experimental proof from overseas proceedings – can I use it in Australia? by Ben Miller, Stephen Rohl and Jenny Wong of Maddocks

Law Report (ABC) for 30 May presented by Damien Carrick - PwC tax leaks scandal; overcoming obstacles for deaf & blind jurors

Lifting our gaze : an update on the Australian space industry and satellite cyber security by Annabel Griffin, Kate Creighton-Selvay, Sean Field, Joel Bourke and Jack McNally of King and Wood Mallesons

Only doctors with advanced surgical training to use the title "Surgeon" by Michael Gorton AM and Lauren Jones of Russell Kennedy

The Parliamentary Joint Committee's corporate insolvency inquiry with speakers Dr Jason Harris and Michael Murray, chaired by Lindsay Powers, from Sydney law School

Saving the Franklin, episode 1, hosted by Jo Lauder on Dig

Sentencing Explained presented by the Hon Peter McClellan AM KC - Episode 19 : An insight into parole with the Hon James Wood AO KC

Voice referendum - would it undermine equality in the Constitution?, Anne Twomey on Constitutional Clarion

When is a refusal to complete a rehabilitation plan unreasonable? – Grima and K&S Freighters [2023] AATA 769 (17 April 2023) by Anthony Highfield and James McIntyre of HWL Ebsworth

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - To charge or not to charge - the question of when a person can be prosecuted

Why you might want to make sure your lawyer isn't using ChatGPT by David Aidone on SBS News

Attend : A conversation about the Voice, the Courts and Rule of Law from University of Melbourne

Time : Mon, 5 Jun 2023 6:00 PM - 7:30 PM AEST

Place : Online

See details here.

Attend : The Bare Pit : In Victory and Defeat presented by The Ethics Centre and Parliament of New South Wales

Time : Friday 16 June 2023, 1pm – 2pm AEST

Place : NSW Parliament House and livestream

See details here.