The Library Bulletin

The blurring of lines between shipping contracts, Justice Rares, International Congress of Maritime Arbitrators XXII, Dubai

Book launch of Contempt by Professor David Rolph, The Hon A S Bell, Banco Court, Supreme Court of New South Wales

Can an e-bike be a motor vehicle? by Tanya Smart of Hall and Wilcox

A chance to close the proportionality chapter in Australian constitutional law? by Guy Baldwin on Australian Public Law

Constitutional puffery : the 'protection' of Sydney Water in the NSW Constitution by Dane Luo on Australian Public Law

Cultivating judges' well-being, optimising judicial performance : navigating stress, fostering health, and ensuring judicial resilience and excellence, Tatiana Veress and Justice Peter Jamadar and Closing of Day 1 (Bangalore Principles on Judicial Integrity) from the Honourable Michael Kirby AC CM, Evolving Justice : ASEAN Judges Conference

Duties and responsibilities of venue operators, security companies and patrons : Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265 by Nicole Oglesby of McCabes

Employee accused of misconduct reinstated following 'deeply flawed' investigation by Jonathon Hadley, Angela Marra and Jacob Stacey of Gadens

First Nations people, law and injustice, Stephen Bottomley and Simon Bronitt, Law in Context (Federation Press, 5th ed, 2023) ch 3

Law in Action (BBC) presented by Joshua Rozenberg - Deepfakes and the law

Law Report (ABC) for 14 November presented by Damien Carrick - Why did the High Court rule indefinite immigration detention unlawful?

Revisiting personhood theories and effective AI legal framework : contemporary and Muslim's discourse, Professor Ida Madieha Abdul Ghani Azmi, CIPIL Evening Seminar

Shining a light on injustice : how an inquiry fought for LGBTIQ recognition by Justin Ellis and Nicole L. Asquith on The Conversation

What is the difference between 'gross' negligence and 'normal' or 'mere' negligence under Australian law? by Michael Swinson, Christian Bablanian and Jonathan Amirzaian of King and Wood Mallesons

When your contract ends up in the bin : United Resource Management Pty Ltd v Par Recycling Services Pty Ltd by Rachel Bannikoff, Aneale Banerjee and Monica Jones of HWL Ebsworth

Canada Square Operations Ltd v Potter [2023] UKSC 41 - limitation

HCF v The Queen [2023] HCA 35 - criminal practice, miscarriage of justice, juror or jury misconduct

Logue v DPP (No2) [2023] NSWDC 494 - criminal law, costs

McNamara v The King [2023] HCA 36 - evidence

R (on the application of AAA and others) v Secretary of State for the Home Department [2023] UKSC 42 - immigration, refugees

Rangi v Mable [2023] NZFC 10811 - family law, guardianship, contact, consideration of "familial, community and cultural matters which are inherent in the development of the identity of a Māori child. These considerations are different from those for a Pākehā child"

Aviation law in Australia (6th ed.) / Ronald I. C. Bartsch

Killing for country : a family story / David Marr

Colombia passes ambitious 'junk food law' to tackle lifestyle diseases by Weronika Strzyżyńska on The Guardian

EU strikes landmark deal on law to restore and protect nature by Ajit Niranjan on The Guardian

High Court to hear Commonwealth challenge to $700m Arnhem Land compensation claim on ABC

Hungry Jack's Big Jack 'not deceptively similar' to McDonald's Big Mac in burger case, court finds by Helena Burke on ABC

Who owns AI art? by Adi Robertson on The Verge

17 years in the judicial sea : a voyage through my experiences as an admiralty and maritime judge, Justice Rares, MLAANZ NSW Branch 2023 Mini Conference

Citizenship and immigration law : through her opinions, in The jurisprudential legacy of Ruth Bader Ginsburg 63 (Ryan Vacca & Ann Bartow eds., NYU Press 2023) by M. Isabel Medina, Loyola University New Orleans College of Law Research Paper No. 2013-16

Company directors must act now and consider nature-related risks, according to new legal opinion by Claire Smith, Nick Thomas, Stephanie Daveson and Alice Brennan of Clayton Utz

The entangled complexity of statute law and judge-made law, The Hon. Justice Leeming, UNSW School of Private and Commercial Law Seminar Series

'I have no rights' : what happens to stateless people in Australia after the High Court's ruling? by Katie Robertson and Michelle Foster on The Conversation

An inquiry to investigate a problem creates new problems : the ACT Board of Inquiry into Criminal Justice by Matthew Groves on Australian Public Law

Law Report (ABC) for 7 November presented by Damien Carrick - Naming sexual assault suspects in the media; surveillance in the workplace

Legal opinion – gaps in the Environment Protection and Biodiversity Conservation Act and other federal laws for protection of the climate, Report for the Climate Council by Professor Jacqueline Peel

A severed finger, a boat and a chain : Farriss v Axford [2023] NSWCA 255 by Nicole Oglesby of McCabes

Trying to understand antisemitism today, Justice Jagot, Sir Zelman Cowen Annual Lecture

Undue influence renders will invalid by Peter Hewish of McCabes

When is there a 'matter' for the Federal Court to resolve? by Michael Palfrey, Daniel Stewart and Neil Cuthbert of HWL Ebsworth

When (lack of) silence is golden – the true impact of non-disparagement clauses by Shaun Temby, Meaghan Bare and Rebecca Power of Maddocks

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Curious Case of Judge Vasta

The words that helped wrongly convict Kathleen Folbigg by Kate Burridge and Stephen Cordner on The Conversation

Proclamations commencing Acts

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 No 67 (2023-599) — published LW 10 November 2023

Anderson v Yongpairojwong [2023] NSWSC 1359 - succession, contested probate, testamentary capacity

Kramer v Stone [2023] NSWCA 270 - equity, estoppel by encouragement

Nahata v Robertson (No 2) [2023] NSWSC 1297 - personal costs orders against lawyers

An AI just negotiated a contract for the first time ever — and no human was involved by Ryan Browne on CNBC

Calls to overhaul Australian jury system to include First Nations people for 'fair, just' trials by Julia André and Larissa Waterson on ABC

Landmark High Court ruling paves way to end indefinite detention for asylum seekers with nowhere to go by Elizabeth Byrne and Nicole Hegarty on ABC

New High Court chief justice Stephen Gageler formally acknowledges Indigenous Australians during swearing-in ceremony by Elizabeth Byrne and Charlotte Gore on ABC

Wrongful convictions in Australia : addressing issues in the criminal justice system / Stephen Cordner and Kerry Breen

Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd – how to determine "ordinary signification" by Tim O'Callaghan, Travis Shueard and Zara Cox of Piper Alderman

Constitutional cloud cast by High Court over state taxes affecting goods : Vanderstock and the future of federal-state taxation powers by Adrian Chek, Scott Lang, Tom Tian, George Bishop and Anuki Suraweera of Allens Linklaters

Designing gender equality into the future of law, research report from the Gender Equality in Working Life Research Initiative at the University of Sydney led by Professor Rae Cooper AO, Director and Associate Professor Elizabeth Hill, Deputy Director

Does Australia need dedicated sexual assault courts? by Vicki Lowik and Amanda-Jane George on The Conversation

Investor-State dispute settlement : Federal Court rejects Indian claim to foreign State immunity by Edwina Kwan and Jack McNally of King and Wood Mallesons

Law Report (ABC) for 31 October presented by Damien Carrick - Judicial capacity building in the Pacific

Legal professional responsibility in the digital age – critical, outdated or redundant? from Centre for Legal Innovation, panel discussion with Matthew Dunn, Catherine Gleeson, Jeannie Paterson and Jennifer Shaw as part of the CLI Legal Generative AI Summit 2023

Medical Review Panel bound to conduct review : Insurance Australia Limited t/as NRMA Insurance v Mangogna [2023] NSWPICMP 509 by Helen Huang of McCabes

Regulators to enjoy the benefit of the High Court's assessment of value by Shaun Temby and Mehar Chawla of Maddocks

Section 249E has been corrupted (this is a good thing) by Phil Turner and Manda Knezevic of Gilbert + Tobin

Tiptoeing around the 'tipping point' – limits to amending a development application before it is determined by Thomas Kwok, Katharine Huxley and Adina Ali of Holding Redlich

A High Court case gives one woman a green light to sue the Catholic Church — and hope to thousands of sexual abuse survivors by Louise Milligan on ABC

High court rules First Nations tenants should get compensation over dilapidated remote housing on The Guardian

Judges to be protected against civil lawsuits after Salvatore Vasta sued over wrongful imprisonment by Christopher Knaus on The Guardian

No back door for 5 years : remote community's High Court win is good news for renters everywhere by Chris Martin on The Conversation

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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.

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Benbrika v Minister for Home Affairs [2023] HCA 33 - constitutional law, citizenship

CCDM Holdings, LLC v Republic of India (No 3) [2023] FCA 1266 - arbitration, foreign State immunity

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 - courts

Jones v Commonwealth of Australia [2023] HCA 34 - constitutional law, citizenship

Walsh v KC & WL Brain Pty Ltd [2023] NSWDC 38 - contracts

Young v Chief Executive Officer (Housing) [2023] HCA 31 - residential tenancies

Bills assented to

Defamation Amendment Act 2023 No 36 — assented to 30 October 2023

Health Legislation Amendment (Miscellaneous) Act 2023 No 37 — assented to 30 October 2023

Justice Legislation Amendment (Miscellaneous) Act 2023 No 39 — assented to 30 October 2023

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 — assented to 30 October 2023

Statute Law (Miscellaneous Provisions) Act (No 2) 2023 No 35 — assented to 30 October 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Act 2023 No 38 — assented to 30 October 2023

Contempt / David Rolph