The Library Bulletin

Art or ad? A bitter battle over sweet treats by A. J. Firstman on FindLaw

I helped expose insurers for denying medical claims. 15 years on, a court has found what they did is illegal by Benjamin Koh on The Conversation

In Panama, legal rights are given to sea turtles, boosting the 'rights of nature' movement by Jennifer McDermott and Arnulfo FRanco on AP

New Zealand loses fight with Australia over mānuka honey trademark by Tess McClure in The Guardian

What AI can teach us about copyright and fair use by Brandon Butler on Freethink

Mānuka Honey Appellation Society Incorporated v Australian Mānuka Honey Association Limited [2023] NZIPOTM 19 - mānuka honey

R v Fleming [2023] NSWSC 560 - "the "specialised knowledge" upon which Professor Smith's opinions are said to be based appears to be more akin to that which might be possessed by a well-read individual who is informed with respect to contemporary world politics."

Smith v R [2023] NSWCCA 118 - whether logic of acquittal of murder and manslaughter necessarily gives rise to an acquittal of assault occasioning death

Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75 - relationship between native title, the territories power and the requirement that acquisition of property be on just terms

Between a rock and a hard place - when is a resignation voluntary or forced? by Trent Sebbens, Kiana Hunter, and Georgia Chahou of Ashurst

Bringing home reform : a principles-based approach to regulation of construction for residents' safety by Matthew Bell, (2023) 49(1) Monash University Law Review (advance)

Compliance with LEP controls held not to be a jurisdictional fact by Josie Walker and Charlotte O'Brien of Maddocks

Facial recognition technology : does the right not to be 'seen' beget the wrong of being 'mis-seen' by Peter Waters of Gilbert + Tobin

Farewells to Chief Justice Allsop AC - Sydney, Hobart, Melbourne, Brisbane, Perth, Adelaide

A harsh reminder that parties must negotiate in good faith by Susanne Rakoczy, Eternity Lim and Kenya Walker of Maddocks

The ius gentium in the Graeco-Roman legal experience by Samantha Allan from The University of Edinburgh

In NSW, the DBP Act is about to extend to the commercial sector, encompassing projects involving hotels and aged care facilities by Matthew Taylor and Ryan James of Gadens

Law Pod UK Episode 185 : Is A.I. coming for the lawyers?, presented by Rosalind English, discussion with Professor Susskind

Law Report (ABC) for 23 May presented by Damien Carrick - Remorse and the law

Residential focus : jurisdiction to deal with DBPA claims – the story so far by Christine Jones and Meru Sharma of Holding Redlich

Reversing parliamentary defeat by delegated legislation : the case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 by Tom Hickman KC and Gabriel Tan on UK Constitutional Law Association

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Kathleen Folbigg - Serial killer or grave miscarriage of justice?

Economic torts and economic wrongs / John Eldridge, Michael Douglas and Claudia Carr (eds.)

Evidence, respect and truth : knowledge and justice in legal trials / Liat Levanon

Lawyers and the rule of law / Andrew Boon

The making of constitutional democracy : from creation to application of law / Paolo Sandro

Awaiting assent

Government Sector Finance Amendment (Grants) Bill 2023 - Awaiting Assent, Thu 25 May 2023

Revenue Legislation Amendment Bill 2023 - Awaiting Assent, Thu 25 May 2023

In progress

Constitution Amendment (Sydney Water and Hunter Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Tue 23 May 2023

Electoral Funding Amendment (Registered Clubs) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Wed 24 May 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 23 May 2023

First Home Buyer Legislation Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 23 May 2023

Hemp Industry Amendment (Deregulation) Bill 2023 - in Legislative Council, Notice of Motion - Text of Bill not available, Tue 23 May 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 24 May 2023

Residential Tenancies Amendment (Rental Fairness) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Tue 23 May 2023

Statute Law (Miscellaneous Provisions) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 25 May 2023

Notice of motion

Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 25 May 2023

Property Services Council Bill 2023 - in Legislative Council, Notice of Motion, Tue 23 May 2023

The Bar Library will be closed for 1 hour between 10 & 11am on Thursday 1 June to allow the Librarians to attend a cultural awareness session.

Beam me up, counselor. Are hologram witnesses headed to court? by Karen Sloan on Reuters

"Do we need librarians now that we have ChatGPT?" by Valerie Forrestal on Choice360

Europe takes aim at ChatGPT with what might soon be the West’s first A.I. law. Here’s what it means by Ryan Browne on CNBC

High Court to hear appeal of an Iranian person seeking asylum detained for nearly a decade by Thomas Feng on Human Rights Law Centre

International Criminal Court is using digital evidence to investigate Putin – but how can it tell if a video or photo is real or fake? by Ronald Niezen on The Conversation

Judge : 29-year-old who posed as teen student because she was lonely can enter pretrial program by The Associated Press on ABC News (US)

Supreme Court rules against Warhol Foundation in copyright fight over Prince images by Lawrence Hurley on NBC News

BDO v The Queen [2023] HCA 16 - criminal law, rape

New Aim Pty Ltd v Leung [2023] FCAFC 67 - "whether the primary judge erred in rejecting the entirety of the evidence of the expert witness"

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 - courts and judges, bias, "The judge's conscience is not melded like a Borg with the conscience of the other members of the court."

Westlaw Australia for Barristers Duration : 30 min

Course date :

Wednesday 21st June 4pm AEST - register

The AI-generated picture becomes clearer – key legal considerations emerging for generative AI developers and their customers by Gavin Smith, Lewis Graham, Andrew Burns, Tracy Lu and Paul Mersiades of Allens Linklaters

Can you really codify what makes an enterprise agreement "genuine"? by Michael Stutley, James Parkinson, Emily Baxter, Paige O’Shea and Tae Kim of Kingston Reid

Conversations about The Voice : a conversation about government, parliament and the Voicefrom the Centre for Comparative Constitutional Studies at Melbourne Law School, convened by Dr Monique Ryan, Mr Terry Moran AC, Ms Rosemary Laing and Ms Catherine Liddle

"Delicate plants", "loose cannons" or "a marriage of true minds"? The role of academic literature in judicial decision‑making, Lady Justice Carr, Harris Society Annual Lecture, Keble College, Oxford – 16 May 2023

Dinner in Canberra for the New Silks : a toast by Susan Kiefel, The Green Bag, Winter 2023 (vol. 26, no. 2) (transcription of notes from a 1988 court annual dinner for the new silks reprinted with permission in The Green Bag)

The Filetron case – an important judgment for all NSW local councils when determining a development application by Gerard Timbs of Gadens

Flexible work and reasonable working hours by Amie Frydenberg, Emma Purdue and Reetika Khanna of Lander and Rogers

Greenwashing : 35 greenwashing enforcement actions in nine months and counting... by Kate Hilder, Siobhan Doherty and Cecile Walton of MinterEllison

I sought the law and the law is gone : revoked COVID-19 Directions in Western Australia by Julie Falck, Jessica Kerr and Marco Rizzi on Australian Public Law

Law Report (ABC) for 16 May presented by Damien Carrick - 'Green transition', mining and Indigenous rights

Nature positive reforms : everything you need to know about Australia's new biodiversity market by Louise Camenzuli, Anna White and Ashley Rooney of Corrs Chambers Westgarth

Navigating unfairness on the high seas : class action waiver clauses by James Keeves of King and Wood Mallesons

Reflecting on 25 Years of the Young Offenders Act 1997 in NSW from Sydney Law School

The travels of treason : an exploration of the law of treason in the 19th Century British Empire, Professor Michael Lobban, Centre for English Legal History

The coronation of the King of Australia by Anne Twomey on Constitutional Clarion

Knitting Nannas tell court NSW protest laws have left them 'frightened' to take climate action by Ben Doherty on The Guardian

Magistrates witness a 'sharp rise' in sovereign citizen cases brought before the local courts by Sophie Kesteven and Damien Carrick for the Law Report

People are trying to claim real videos are deepfakes. The courts are not amused by Shannon Bond on All Things Considered

What Ed Sheeran's copyright court case win means for songwriters in future by Adam Behr on The Conversation

Busting a king-sized myth: why Australia and NZ could become republics – and still stay in the Commonwealth by James Mehigan on The Conversation

Could using open-source information online get you arrested for foreign interference? by Brendan Walker-Munro and Sarah Kendall on The Conversation

Forum shopping in Australian defamation litigation by Michael Craig Douglas, University of Sydney Law School PHD Thesis

The High Court considers implied terms in informal contracts by Savannah Hardingham of Gadens

International sanctions and contracts under Australian law by Geoff Farnsworth and Michael Tatham of Holding Redlich

Law Report (ABC) for 9 May presented by Damien Carrick - Compensation for sporting injuries; changes to Centrelink relationship assessments

"Logically, ethically and grammatically wrong" : Federal Court cautions use of direct speech in witness evidence by Jennifer Ball of Clayton Utz

'Not bound by the rules of evidence' by Tim Case and Alan Wrigley of McCullough Robertson

Stand-up, fight back : defending protest in NSW from University of Sydney Law School

Unfair contract terms : it's time to get your house in order by Lesley Sutton, Claire Harris and Ed Zheng of Gilbert + Tobin

The Voice : imagined legal problems distract from the substance by Craig Lenehan SC on Australian Public Law

In progress

Constitution Amendment (Sydney Water and Hunter Water) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 May 2023

Electoral Funding Amendment (Registered Clubs) Bill 2023 - in Legislative Council, 2R, Thu 11 May 2023

Forestry Amendment (Koala Habitats) Bill 2023 - in Legislative Council, 2R, Thu 11 May 2023

Government Sector Finance Amendment (Grants) Bill 2023 - in Legislative Council, 2R, Thu 11 May 2023

Residential Tenancies Amendment (Rental Fairness) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 10 May 2023

Revenue Legislation Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 11 May 2023

Notice of motion

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Cannabis Legalisation Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Companion Animals Amendment (Puppy Farms) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Drug Misuse and Trafficking Amendment (Decriminalisation) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Environmental Planning and Assessment Legislation Amendment (Short Term Rental Accommodation) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 11 May 2023

Forestry Amendment (Third Party Proceedings) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Pill Testing Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Prevention of Cruelty to Animals Amendment (Animal Sentience) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Prevention of Cruelty to Animals Amendment (Gassing Devices Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Residential Tenancies Amendment (Rent Freeze) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 10 May 2023

Road Transport Amendment (Medicinal Cannabis) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Unlawful Gambling Amendment (Betting on Animals) Bill 2023 - in Legislative Council, Notice of Motion, Wed 10 May 2023

Not proceeded with

Law of Evidence Bill 2023 - Not Proceeded With, Tue 9 May 2023

Annotated Safety, Rehabilitation and Compensation Act 1988 (12th ed) / Peter Sutherland

Charity law : exploring the concept of public benefit / Daniel Halliday and Matthew Harding (eds.)

Executive power : the prerogative, past, present and future / Robert Hazell and Timothy Foot

Government contracts : federal, state and local (7th ed) / Nicholas Seddon

The law of contract damages (3rd ed) / Adam Kramer

Sentencing the self-convicted : the ethics of pleading guilty / Julian V. Roberts and Jesper Ryberg (eds.)

Streaming and copyright law : an end-user perspective / Lasantha Ariyarathna

Anters v D G Thompson Pty Ltd [2023] NSWCATAD 109 - discrimination, on the ground of a person's sex, "I have become offended, embarrassed and humiliated. Also, I have found both Ms Rosati and Ms Ryan very attractive and beautiful. Therefore, the magnitude of the offence and humiliation caused by the discrimination of someone to whom I am attracted to is far severe."

Assured Energy LLP Pollock & Anor [2023] NICh 2 - "be committed to prison and/or fined" for breaches of undertakings

Attorney-General (Cth) v Huynh [2023] HCA 13 - constitutional law

BA v The King [2023] HCA 14 - criminal law, break and enter

Gutierrez v MUR Shipping Australia Pty Limited [2023] FCA 399 - discrimination, age discrimination in employment

Masi-Haini v Minister for Home Affairs [2023] FCA 430 - "some potential difficulties involved in a Full Court making the decision as to whether one of its members is disqualified [for apprehended bias]"

Nash v DPP (WA) [2023] WASCA 75 - ChatGPT, judge hypothesising that self-represented litigant had possibly used it to craft submissions for a conviction appeal

Selkirk v Hocking [2023] FCA 432 - "nclear whether ss 10A(5) and (6) of the Defamation Act 2005 (Vic) is picked up by s 79(1) of the Judiciary Act 1903 (Cth)"

Westlaw Australia for Barristers Duration : 30 min

Course date :

Wednesday 21st June 4pm AEST - register

2023 Spigelman Oration - Extraterritoriality in Australian law, The Honourable A S Bell

Consultation commences on further reforms to Fair Work laws by Stephen Trew and Adrian Zagami of Holding Redlich

The false promise of jurisdiction stripping by Daniel Epps and Alan M. Trammell, Columbia Law Review, Forthcoming

In conversation : Neuroscience, text, context and purpose, Justice Geoff Lindsay in conversation with Kevin Connor SC and Dr Hayley Bennett at NSW Bar Association

Judicial accountability – new developments and threats, Justice Logan, Commonwealth Lawyers' Conference

Keynote address at Information Law Conference, Lord Sales, Information Law and Automated Governance

Law Report (ABC) for 2 May presented by Damien Carrick - 'Sovereign citizens' in the courts

Privacy and AI – what are the risks? by Andrew Hynd of Holding Redlich

The role of courts in relation to arbitration, Justice Stewart, Keynote address to ACICA Corporate Members, Sydney

An urgent hearing of what became a 'non-urgent case' : Unions NSW v New South Wales [2023] HCA 4 by Josh Gibson on Australian Public Law

When can a court's decision be ignored? by The Hon Justice Kristen Walker, (2023) 46(2) Melbourne University Law Review (advance)

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

Worker and his mum are awarded compensation after work injury from Chamberlains

JL v R [2023] NSWCCA 99 - when the Da Silva v The Queen jury direction is required

Kane's Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 - "How should evidence be expressed where a witness remembers the "“gist" of a conversation, but not the words actually spoken?", "evidence should be given in direct speech only if the witness can remember the actual words used"

Maksacheff v Commissioner of Police (WA) [2023] FCA 406 - human rights, face masks

Senthilkumaran v Gosan Pty Ltd t/as Century 21 Classic Real Estate (No 2) [2023] NSWSC 442 - racial discrimination

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 Andy Warhol copyright case that could transform generative AI by Madeline Ashby in Wired

Indigenous community in Colombia gets its day in court over 'ancestral land' by Luke Taylor in The Guardian

Virtual reality used to address victim court trauma by Niall McCracken on BBC

Have your say on reforms to the Fair Work laws.

Submissions close on Friday, 12 May 2023 at 11 pm.

See details here.

Westlaw Australia for Barristers Duration : 30 min

Course dates :

Thursday 11th May 4pm AEST - register

Wednesday 21st June 4pm AEST - register

Black lives, white law : locked up and locked out in Australia / Russell Marks

Family law principles (3rd ed) / Alexandra Harland, Donna Cooper, Chris Turnbull and Lance Rundle

Furmston and Tolhurst on contract formation : law and practice (3rd ed) / G. J. Tolhurst and Elisabeth Peden

How many more women? : exposing how the law silences women / Jennifer Robinson and Keina Yoshida

The law of rescission (3rd ed) / Dominic O'Sullivan, Steven Elliott and Rafal Zakrzewski

The laws of restitution / Robert Stevens

Not now, not ever : ten years on from the misogyny speech / Julia Gillard (ed)

Practising family law (5th ed) / Ian Serisier

Principles of statutory interpretation / Richard Calnan