The Library Bulletin

Buying goods from a private seller – does a buyer have any recourse under the Australian Consumer Law? by Teresa Torcasio and Caitlyn White of HWL Ebsworth

Case note : Visual impacts and the principle of intergenerational equity by Patrick Holland and Elizabeth Ryan of McCullough Robertson

Chisak v Presot : family provision claims and grandchildren by Terry McCabe, Stephanie Lowy and Jacob Goodwin of McCabes

Default rules in the common law : substantive rules and precedent, Lord Sales, Presentation at International Workshop on Default Rules in Private Law

Does the right to disconnect fit the bill? by Sally Moten and Lilli Borozan of Lander and Rogers

Federal Court reforms schemes of arrangement by Costas Condoleon, Kevin Ko, Colleen Platford, Alexandra Whitby and Mitch Frankland of Gilbert + Tobin

Law Report (ABC) for 28 March presented by Damien Carrick - Indigenous Voice : Justice Kenneth Hayne speaks to the Law Report

Silent history : Aboriginal suffrage in NSW with panellists Corey Smith and Adam Phelan from Parliament of New South Wales

The Voice : what is it, where did it come from, and what can it achieve? by Gabrielle Appleby and Eddie Synot on The Conversation

The Voice and the Executive by Elisa Arcioni and Andrew Edgar on Australian Public Law

When business in the "usual and ordinary course" collides with unprecedented times : the High Court weighs in on effect of Public Health Orders on contract for sale of hotel by Daniel Murray and William Wade of McCabes

Court rules in favour of South West Rocks 'zombie DA' residential development going ahead by Emma Siossian on ABC

Debra Mortimer becomes Australia's first female Federal Court chief justice by Brett Worthington on ABC

Ethical no man's land : can the US supreme court be trusted to police itself? by Ed Pilkington in The Guardian

Swiss court case ties human rights to climate change by Imogen Foulkes and Adam Durbin on BBC

UN backs landmark Pacific-led resolution clearing way for International Court of Justice advisory opinion on climate obligations by Prianka Srinivasan, Fred Hooper and Melissa Maykin on ABC

Casey v DePuy International Ltd (Appeal from Independent Counsel) [2023] FCA 254 - scope of jurisdiction that can be conferred on the Federal Court by a settlement agreement

Chisak v Presot [2022] NSWCA 100 - succession, family provision, grandparents

Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 - rostering workers on public holidays

Darwall and Darwall v Dartmoor National Park Authority [2023] EWHC 35 (Ch) - wild camping on Dartmoor

Ihemeje v R [2023] NSWCCA 72 - "The regrettable fact in the present matter is that a person signed the indictment who was not authorised to do so. There is no statutory provision to overcome that irregularity. The conviction must be quashed."

Lusty (Examiner) v DER22 [2023] FCA 255 - consideration of principles relevant to fixing sentences for contempt

Tey v State of New South Wales; Altakrity v State of New South Wales [2023] NSWSC 266 - "To the extent that s 31 requires that not only Acts but also instruments be construed in accordance with its precept, it may itself need to be read down to comply with the Wotton principle"

Western Sydney University v Thiab [2023] NSWCA 57 - discrimination on the basis of political affiliations, views or beliefs

Westlaw Australia for Barristers Duration : 30 min

Course dates : Tuesday 4th April 4pm AEST - register

Thursday 11th May 4pm AEST - register

Wednesday 21st June 4pm AEST - register

Corones' Australian consumer law (5th ed) / Jeannie Marie Paterson

Mental health law : a practical guide / Yega Muthu

Understanding administrative law in the common law world / Paul Daly

Boris Johnson and diversity, The Honourable​​ Justice H Dhanji, Allens Intersectionality Panel Event – Key Note Address

Cancel the meeting you've set to remove me! from Chamberlains

Class actions : recent trends and developments by Lucas Shipwayand Hernan Pintos-Lopez of Greenway Chambers

Constitutional values in the common law of obligations, Lord Sales, Cambridge Freshfields Annual Law Lecture

Context in law, a digression : neuroscience, text, context and purpose, The Honourable Justice G Lindsay​, Wills and Estates Intensive, UNSW Edge Seminar

2023 District Court Annual Conference Criminal law review, The Honourable​​ Acting Justice RA Hulme

Laundy v Dyco – 'carrying on a business' when the law changes suddenly by Richard Lilly, Mhairi Stewart and Louise Coci of Allens Linklaters

Law Report (ABC) for 21 March presented by Damien Carrick - SAS Veteran charged with war crimes: protestor prison sentence quashed: Botox alternative in High Court

Left hanging on an agreement with the council : damages for reliance loss by Guy Lewis and Morgan Graham of McCabes

Real Property List — an overview, The Hon​our​able Justice E Peden​​​​​, UNSW Property Law Intensive

Retrospective response : Pearson v Minister for Home Affairs by Sanmati Verma on Australian Public Law

Seven lessons from inside the UK Supreme Court, Lord Burrows, Neill Lecture 2023

Defence personnel and veterans rush to beat Royal Commission deadline by Kirsten Webster on ABC

French activists launch legal case over English-only translations at Notre Dame by Kim Willsher in The Guardian

A New York court is about to rule on the future of crypto by Joel Khalili in Wired

We now know exactly what question the Voice referendum will ask Australians. A constitutional law expert explains by Anne Twomey on The Conversation

Davidson v The King [2023] HCATrans 31 - "the practical reality of sentencing in New South Wales today is that where long sentences are imposed, sentencing courts almost very rarely make findings of special circumstances, even in cases with offenders with very good prospects of rehabilitation" (Odgers SC)

Mohana v R [2023] NSWCCA 61 - "if… the appellate court has satisfied itself, on its own independent assessment, that the applicant was guilty it has necessarily made the relevant findings of fact, and rectified any deficiency in the trial judge's fact finding exercise."

R v Musa (No 2) [2023] NSWSC 247 - voluntariness as part of the actus reas rather than mens rea

Tyrone Smithers v Capitol Chilled Foods (Australia) Pty Ltd [2023] ACTMC 5 - corporations, good character

Westlaw Australia for Barristers Duration : 30 min

Course dates : Tuesday 4th April 4pm AEST - register

Thursday 11th May 4pm AEST - register

Wednesday 21st June 4pm AEST - register

Attend : On classic ground : Martin's monument and civilizational yearnings in colonial New South Wales presented by Chief Justice Andrew Bell, the 2023 Forbes Society lecture

Time : 28 March at 5.15pm

Place : Banco Court, Queens Square (no registration necessary) or online (see information below)

See details here.

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The Annual Hon Barry O'Keefe AM QC Memorial Lecture Delivered by Arthur Moses SC on 8 March 2023 at the Australian Catholic University A Human Rights Act for New South Wales?

Australian master tax guide 2023 (72nd ed)

Contract law in Australia (8th ed) / J. W. Carter

Intermediaries in commercial law / Paul S. Davies and Tan Cheng-Han (eds.)

Maritime cross-border insolvency under the UNCITRAL model law regime : commonwealth and US perspectives / Jingchen Xu

Miller's Australian competition and consumer law annotated 2023 (45th ed) / Russell V. Miller

Vanishing contract law : common law in the age of contracts / Catherine Mitchell

Wade and Forsyth's administrative law (12th ed.) / William Wade, Christopher Forsyth and Julian Ghosh

Double Jeopardy podcast with Ken MacDonald and Tim Owen - Episode 25 : Joshua Rozenberg - Reporting the law

Double Jeopardy podcast with Ken MacDonald and Tim Owen - Episode 24 : Karon Monaghan KC - Sex, lies and women's rights

Income taxation : an institution in decay – still by Professor Graeme Cooper, The Ross Parsons Tax Lecture

Law in Action for 7 March 2023 presented by Joshua Rozenberg - Justice for Ukraine

Law Pod UK presented by Lucy McCann - The environmental minimum with Dr Stefan Theil

Law Report (ABC) for 14 March presented by Damien Carrick - High Court overturns marijuana house murder convictions; tax help for prisoners

Noam Chomsky explains the difference between ChatGPT and "True Intelligence" by Thom Dunn on BoingBoing

The oft-forgotten "Harman" undertaking : a case note on NSW Mobile Fleet Services Pty Limited v Max Mobile & Detailing Pty Limited [2023] NSWSC 140 by Zara Officer of Holman Webb

Proposal to ban non-compete clauses in Australia : restraining the restraints? by Aaron Goonrey and Luke Scandrett of Lander & Rogers

Regulatory action for greenwashing is upon us by Susan Goodman of Gadens

Reputation and consumer confusion in trade mark infringement proceedings: the High Court weighs in by Dean Gerakiteys and Dunja Poljak of Clayton Utz

Unlawful failure to remove extends lawful detention : a critique of the decision in AJL20 by Stephen McDonald SC on Australian Public Law

What's for de-cert : can a contractor 'de-certify' payments to its subcontractors? by Andrew Hales, Maciej Getta and Sean Cooley of Minter Ellison

As the states consider animal welfare law reform, what changes would curb cruelty against animals? by Alexandra Whittaker on The Conversation

British PM Rishi Sunak rules out law change for return of Elgin Marbles collection of sculptures to Greece on ABC

International law doesn't protect people fleeing environmental disaster – here's how it could by Morgiane Noel on The Conversation

Japan court orders retrial for world's longest-serving death row inmate by on ABC

Supreme Court overturns magistrate's dismissal of assault charge against teacher due to decision's 'emotive language' by Jamie McKinnell on ABC

Barnett v Secretary, Department of Communities and Justice [2023] HCA 7 - international child abduction

Director of Public Prosecutions v Tiller [2023] NSWSC 187 - "It should be noted that it is entirely regrettable that the second respondent delivered his reasons using the emotive language and personalised examples that he did. It would appear that this matter resonated with the second respondent in an inappropriately emotional way and in a manner which appeared to cause him to stray from his judicial task of calmly assessing the evidence, making findings, making a judicial decision, and providing reasons in accordance with the dictates of his office and the rule of law."

Rathner, in the matter of Citius Property Pty Ltd (Administrator Appointed) [2023] FCA 26 - ipso facto stay provisions contained in s 451E(1) of the Corporations Act 2001 (Cth)

RnD Funding Pty Limited v Roncane Pty Limited [2023] FCAFC 28 - equity, tracing, whether antecedent breach of fiduciary duty required before a right to trace arises

Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 - intellectual property, trade marks

Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23 - "Tribunal decision largely replicated respondent’s submissions without attribution – requirement in merits review to consider application afresh"

Employment covenants and confidential information : law, practice and technique (4th ed) / Kate Brearley and Selwyn Bloch

Modern statutory interpretation : framework, principles and practice / Jeffrey Barnes, Jacinta Dharmananda and Eamonn Moran

ASIC launches first court proceedings alleging greenwashing, ASIC Media Release

Campaign calls for gender apartheid to be crime under international law by Patrick Wintour in The Guardian

High Court dumps Facebook's challenge against prosecution over Cambridge Analytica privacy breaches by Elizabeth Byrne on ABC

US-made cheese can also be called 'gruyere', court rules by George Wright on BBC

What are 'reasonable' hours? The Ryan-Rugg legal stoush may help the rest of us know by Giuseppe Carabetta on The Conversation

Cole v Rigby & Ors [2023] NTSC 20 - "appellant's contention was that the Australian Constitution, the laws of the Commonwealth and the laws of the Northern Territory have no application to him as a 'sovereign tribal man'"

Hollingsworth v State of NSW [2023] NSWDC 46 - recording of forensic psychiatrist assessment

Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 - contract construction

McCabe v Riechelmann [2023] NSWDC 44 - "whether throwing a glass of wine over a person constitutes a battery"

Mitchell v The King; Rigney v The King; Carver v The King; Tenhoopen v The King [2023] HCA 5 - murder

R v Carberry (No 4) [2023] NSWSC 176 - "lamppost there because it's there"

Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 - statutory duty of care under the Design and Building Practitioners Act 2020 (NSW)

Warburton v Chief Constable of Avon and Somerset Constabulary [2023] EWCA Civ 209 - is it an abuse of process to raise but not bring an argument in proceedings which then settle and then raise and pursue the argument in new proceedings?

Attend : Democracy in crisis? USA – a case study presented by Dr Brendon O'Connor

Time : Wednesday 22 March 2023, 5.30pm - 6.30pm

Place : Gallery Room, State Library of NSW

See details here.

Court confirms proportionate liability defence can be pleaded to a claim for breach of statutory duty of care under DBP Act by Charles Thornley, Chris Bresler and Elizabeth Berwick of Lander and Rogers

Expert evidence : interlocutory dispute regarding audio-recording by Bill Madden on Bill Madden's Wordpress

Federal Court confirms the objective test in assessing apprehended bias by the former Prime Minister by Richard Lilly and Mhairi Stewart of Allens Linklaters

Implied IP licences : don't get 'court' - High Court rules in favour of Realestate.com.au by John Fairbairn, Lisa Jarrett, Belinda Alcock and Lachlan McNamara of MinterEllison

Law Report (ABC) for 7 March presented by Damien Carrick - Duggan faces 'unusual' extradition charges; Australian regulators target corporate 'greenwashing'

NSW Court of Appeal confirms the broad application of the statutory duty of care under the NSW DBP Act by Frank Bannon, Lina Fischer, Richard Siou and Jason Hooper of Clayton Utz

Reasonable satisfaction of consultation : the subjective jurisdictional fact in Tipakalippa v NOPSEMA; Santos by Samuel Naylor on Australian Public Law

The role of the ILC and VCLT in international investment law, moderated by Lucy Reed, with Professor Sean D. Murphy, Dr Vilawan Mangklatanakul, Professor Martins Paparinskis and Dr Penelope Ridings, presented by ANU College of Law and the George Washington University Law School

The tort of misuse of public office : suggested clarifications and reforms by Anthony Gray in (2023) 48(2) Monash University Law Review (advance)

Transforming rehabilitation through digital technology from Sydney Law School, moderated by Dr Carolyn McKay, with panel members Luke Grant, Renee Van Aaken, Steven Van De Steene and Professor Mark Halsey

Australian parliaments and the pandemic by Harry Hobbs and George Williams, (2023) 46(4) University of New South Wales Law Journal (forthcoming)

Chat GPT and legal research : a cautionary tale by Paul Daly on Administrative Law Matters

Clarity at last on s 451E : Federal Court in Rathner confirms ipso facto operates as expected by Peter Bowden, Charbel Moujalli and Afreen Taqvi of Gilbert + Tobin

Constitutional drafting : key questions by Gabrielle Appleby, Sean Brennan, Megan Davis, Elisa Arcioni, Stephen McDonald and Scott Stephenson on Australian Public Law

Crypto collapses – lessons for recovery action by Stephen Ipp and Andrew Girgis of Greenway Chambers

Federalism and a First Nations Voice (comment) by Stephen McDonald SC of Hanson Chambers; University of Adelaide - School of Law

Guardian in the Full Federal Court – 100A meets Part IVA by Damien Bourke and Megan Bishop of Holding Redlich

Integrating the Australian judicial system, Justice Gageler AC,(2023) 15(1) The Judicial Review 21

Law Report (ABC) for 28 February presented by Damien Carrick - US ruling to ban caste discrimination; UN expert warns against gay conversion practices

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 12 : Delving into the Drug Court with Senior Judge Jane Mottley

A weapon is no subordinate. Autonomous weapons and the scope of superior responsibility, Dr. Alessandra Spadaro at University of Oxford

What to know about the new Psychosocial Code of Practice by Shae McCartney and Hilary Searing of Clayton Utz

123 259 932 Pty Ltd v Cessnock City Council [2023] NSWCA 21 - reliance damages

Australian Securities and Investments Commission v GetSwift Ltd [2023] FCA 100 - continuous disclosure

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2022] FCA 540 - experimental use exemption to patent infringement

Leung v Chung [2023] VSC 38 - "Tribunal's award of damages for conduct constituting sexual harassment was manifestly inadequate"

LIU v R [2023] NSWCCA 30 - "the principles applicable to the significance of advanced age in sentencing... are nuanced and not capable of mechanical application"

Moore v Ballina Shire Council [2022] NSWDC 691 - negligence, breach of duty of care, bollard

Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 5) [2023] FCA 135 - native title over the sea

Australia joins Vanuatu bid for international court to rule on obligation to prevent climate harm by Daniel Hurst in The Guardian

Decades after Eddie Mabo's historic native title win, a new court victory brings his dream full circle by Damien Carrick and Anna Kelsey-Sugg for The Law Report (ABC)

Pedestrian jailed for manslaughter after causing cyclist to fall in front of car by Rachel Hall in The Guardian

River Ouse may become first in England to gain legal rights by Isabella Kaminski in The Guardian

What happens if the government goes against the advice of the Voice to Parliament? by Anne Twomey on The Conversation