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New and updated NSW Bills

Fri Oct 27 2023
Proclamations commencing Acts

Public Spaces (Unattended Property) Act 2021 No 38 (2023-581) — published LW 27 October 2023

Bills assented to

Criminal Procedure Amendment (Child Sexual Offence Evidence) Act 2023 No 32 — assented to 24 October 2023

Mining Amendment (Mineral Claims—Opal) Act 2023 No 29 — assented to 24 October 2023

Motor Dealers and Repairers Amendment Act 2023 No 28 — assented to 24 October 2023

Paintball Amendment Act 2023 No 31 — assented to 24 October 2023

Radiation Control Amendment Act 2023 No 30 — assented to 24 October 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Act 2023 No 33 — assented to 24 October 2023

Work Health and Safety Amendment Act 2023 No 34 — assented to 24 October 2023

The new CCH platform - CCH iKnowConnect – training opportunities

Fri Oct 27 2023

The Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform this weekend. The new platform will retain our previously subscribed content and Intelliconnect will still be an available option until it is retired in December.

Training guides and on-demand webinars for the new platform are available from the link below.

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Interesting articles, speeches and podcasts

Fri Oct 27 2023

Contract works exclusions – but whose works? Prestige Form Group NSW Pty Ltd v QBE European Operations PLC [2023] FCA 749 by Richard Johnson, Andrew Honey and Kubra Yazici of McCabes

Copyright and generative AI, Professor Mattew Sag and Dr Daniela Simone at University of Sydney

Does a company's registration sufficiently demonstrate that a Claimant is "an earner"? Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51 by Peter Hunt of McCabes

Former director receives director penalty notice, avoids personal liability by Lily Nguyen, Jonathon Turner, Keiran Breckenridge and Grace Kerr of Lander and Rogers

Health and safety at home : examining the duty of care for remote workers by Warren Edwardes of King and Wood Mallesons

Judicial review for irrationality or illogicality : Full Federal Court clarifies the law by Zac Chami and Aaron Moss of Clayton Utz

Law Report (ABC) for 24 October presented by Damien Carrick - Chief Justice Susan Kiefel speaks to the Law Report

The Modern Slavery Act review : can the law drive meaningful change?, Lynn Bell, Professor John McMillan AO, Professor Jennifer Burn AM, Associate Professor Anna Boucher, Esty Marcu and Professor Simon Bronitt at University of Sydney

Privacy law changes – now is the time to prepare by Lyn Nicholson and Clare Giugni of Holding Redlich

Removing the watchdog’s bark : Crime and Corruption Commission v Carne by Neil Laurie on Australian Public Law

New and updated NSW Bills

Fri Oct 20 2023
In progress

24-Hour Economy Commissioner Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Building Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - in Legislative Council, Awaiting Minister's 2R Speech, Thu 19 Oct 2023

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 17 Oct 2023

Crime and Criminal Procedure Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Emergency Services Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 19 Oct 2023

Jury Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 18 Oct 2023

Residential Tenancies Amendment (Rent Freeze) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 19 Oct 2023

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Sheriff and Court Security Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Strata Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Awaiting assent

Defamation Amendment Bill 2023 - Awaiting Assent, Tue 17 Oct 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - Awaiting Assent, Wed 18 Oct 2023

Justice Legislation Amendment (Miscellaneous) Bill 2023 - Awaiting Assent, Thu 19 Oct 2023

Revenue, Mining and Energy Legislation Amendment Bill 2023 - Awaiting Assent, Thu 19 Oct 2023

Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 - Awaiting Assent, Wed 18 Oct 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 - Awaiting Assent, Wed 18 Oct 2023

Notice of motion

Automated External Defibrillators (Public Access) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 19 Oct 2023

Education Legislation Amendment (Personal Political Beliefs) Bill 2023 - in Legislative Council, Notice of Motion, Tue 17 Oct 2023

Law Enforcement (Powers and Responsibilities) Amendment (Prohibition on Youth Strip Searches for Drug Offences) Bill 2023 - in Legislative Council, Notice of Motion, Wed 18 Oct 2023

Pill Testing Trial Bill 2023 - in Legislative Council, Notice of Motion, Thu 19 Oct 2023

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 17 Oct 2023

The new CCH platform - CCH iKnowConnect – training opportunities

Fri Oct 20 2023

On 28 October the Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform.

The content remains familiar but the features available for accessing and retrieving materials are significantly enhanced.

In the lead up to this changeover, CCH are offering introductory training sessions. Details and registration are available at the link below :

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Interesting articles, speeches and podcasts

Fri Oct 20 2023

Borderlines podcast Episode #20 - Roxanna Altholz and Professor Laurel E. Fletcher discuss UN Human Rights Mechanisms and Anti-Black Racism : The Permanent Forum on Peoples of African Descent

Corporate structures and complications in family law settlements by Rachell Davey and Niki Schomberg of Lander & Rogers

Corporate trustees : no fiduciary duty owed by a successor trustee to its predecessor by Matthew McCarthy, Matthew Whittle and Harrison Main of Allens Linklaters

Federal Court dismisses landmark Living Wonders legal challenge to two new coal mines by Malvina Hagedorn and Isabella Farrell-Hallegraeff of Russell Kennedy

First Australian breastfeeding workplace discrimination case by Jonathon Hadley of Gadens

How mistaken identity can lead to wrongful convictions by Hayley Cullen on The Conversation

Injuries arising from improper use of gym equipment : Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229 by Peter Miller of McCabes

JMC Pty Ltd : High Court rejects the Commissioner's leave to appeal by National tax team of Holding Redlich

Law Report (ABC) for 17 October presented by Damien Carrick - Voice referendum aftermath; Queensland introduces legislation to criminalise coercive control

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Mabo v Queensland

Selkirk v Hocking : the Federal Court provides guidance on the serious harm test in defamation by Lindsey Cregan of Clayton Utz

Interesting articles, speeches and podcasts

Fri Oct 13 2023

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 4 : ZXT (a pseudonym) v R [2023] NSWCCA 222, TM v R [2023] NSWCCA 185, Waldron v R [2023] NSWCCA 128, Ngo v R [2023] NSWCCA 201 and Darlington v Director of Public Prosecutions (NSW) [2023] NSWSC 1139

After Hegel : rethinking personhood for the collective by Amelia Thorpe, Amy J. Cohen and Gershon, Forthcoming in Chris Bevan (ed), Handbook on Property Law & Theory (Edward Elgar 2024, UNSW Law Research Paper No. 24

Could your business be vicariously liable for the negligence of a non-employee worker? by Anthony Highfield and Vicki Jenner of HWL Ebsworth

Law reform and the PPSA : why we should delete s 267 and Corporations Act s 588FL, Ross Parsons Centre Law and Business seminar

Law Report (ABC) for 10 October presented by Damien Carrick - Constitutional implications of Indigenous Voice proposal; could pill testing save lives?

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Mazibuko v City of Johannesburg

Section 80 and the Territories : Vunilagi v The Queen [2023] HCA 24 by Bharan Narula on Australian Public Law

What is an appeal for? AZC20 v MICMSMA by Joe McIntyre on Australian Public Law

When blood isn't thicker than water : NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children's share by Andrew Lacey and Guy Lewis of McCabes

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Rodden v R - a discussion about costs in criminal proceedings

New and updated NSW Bills

Fri Oct 13 2023
In progress

Building Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 10 Oct 2023

Climate Change (Net Zero Future) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Defamation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Emergency Services Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 12 Oct 2023

Justice Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 10 Oct 2023

Revenue, Mining and Energy Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 12 Oct 2023

Strata Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 11 Oct 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Water Management Amendment (Water Access Licence Register) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 12 Oct 2023

Awaiting assent

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Motor Dealers and Repairers Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Paintball Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Radiation Control Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Work Health and Safety Amendment Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Notice of motion

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Council, Notice of Motion, Thu 12 Oct 2023

Greyhound Racing Amendment (Whole-of-life Tracking) Bill 2023 - in Legislative Council, Notice of Motion, Tue 10 Oct 2023

The new CCH platform - CCH iKnowConnect – training opportunities

Fri Oct 13 2023

On 28 October the Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform.

The content remains familiar but the features available for accessing and retrieving materials are significantly enhanced.

In the lead up to this changeover, CCH are offering introductory training sessions. Details and registration are available at the link below :

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Interesting articles, speeches and podcasts

Tue Oct 10 2023

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 3 : BDO v The Queen [2023] HCA 16, AB v R [2023] NSWCCA 165, XU v R [2023] NSWCCA 93, Al-Salmani v King [2023] NSWCCA 83 and Commissioner of Police, NSW Police Force v Alahmad [2023] NSWSC 762

Caesar judging Caesar : lay-person membership of a federal judicial commission by Henry Palmerlee on Australian Public Law

Cause and effect – what you need to know about consequence management frameworks by Andrew Gray and Daniel Delimihalis of King and Wood Mallesons

A cautious approach to the precautionary principle by Samantha Murphy and Eternity Lim of Maddocks

Evaluation of a proprietary estoppel claim to a family farm : text, context and purpose, Justice Geoff Lindsay AM, STEP Queensland Annual Conference

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 7 : The Crown

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 8 : The Voice

Law Report (ABC) for 19 September presented by Damien Carrick - 'Voices' to parliament in Scandinavia

Law Report (ABC) for 26 September presented by Damien Carrick - Victorian nurse becomes first voluntary assisted dying patient to donate organs

Law Report (ABC) for 3 October presented by Damien Carrick - Disability royal commission delivers findings; 'Fake nurse' jailed in Australian legal first

A perspective from a jurisdiction without a doctrine of deference : Australia by Janina Boughey on Australian Public Law

Protest bans in NSW and South Australia - are they constitutionally valid? by Brenda Tronson on Australian Public Law

Ross Parsons Corporations Law Lecture 2023 : The responsibility of shareholders from University of Sydney

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Australian Capital Television v Commonwealth

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Rome v Jesus

Conversations with Sarah Kanowski - Suzie Miller : finder of ways

A tale of two deals – just because an indemnity is unfair in one, doesn’t make it unfair in another by Belinda Breakspear, Alex Hutchens, Matthew McMillan and Jacob Bartels of McCullough Robertson

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Analysing the Combating Misinformation and Disinformation Bill

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Wigs Live! - The Sofronoff Inquiry and its aftermath

New judgments

Fri Oct 06 2023

Askarou v The King [2023] NSWCCA 246 - criminal law, whether it was improper for the Crown to invite the jury to “jettison” the evidence of a witness

R v Bentley; R v Cockburn; R v Buddle; R v Dawes; R v Pfitzner [2022] NSWDC 755 - "[124] The only advice I can give you, and I am an old man who has been doing this job a long time, is that you keep in touch with your Community Corrections officer. Hopefully, you can trust them enough to call them if you are tempted to commit other offences or if things are going bad. If you run away from your responsibilities, as you have done in the past, while it may be understandable, the courts will have little choice, if you commit further offences, but to return you to gaol. I do not underestimate how hard that will be."

Conference on the NSW Supreme Court and Legislative Council bicentenaries

Fri Oct 06 2023

The Parliament of NSW is hosting a special two-day conference ahead of next year’s bicentenaries for the NSW Legislative Council and Supreme Court of NSW.

The event will run across 13-14 November at both the Parliament House and the Supreme Court. The conference will explore the history, politics and people behind the New South Wales Act 1823, which sparked 200 years of parliamentary democracy and the rule of law.

Esteemed historians, experts and authors will explore different facets of the NSW Act and its impact, alongside broader stories from the colony at the time.

Included is a special panel discussion featuring the Chief Justice of the Supreme Court, the Hon. Andrew Bell, former Justice of the High Court and Supreme Court, the Hon. Virginia Bell AC and former President of the NSW Court of Appeal, the Hon. Keith Mason AC KC. The session takes place at the NSW Supreme Court and looks at the Chief Justices over the last 200 years and the pathways they forged for Australian case law. The session is followed by an optional tour of the historic St James Law Courts.

Tickets for the full two-day conference are available for $25. For more information on the conference program and to reserve your spot, click here.

The Supreme Court session (Monday, 13 November 2023 at 2.00pm) is available as a stand-alone ticket for $10 (book separately here).

New books

Fri Oct 06 2023

New and updated NSW Bills

Fri Oct 06 2023
In progress

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Sep 2023

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023 Paintball Amendment Bill 2023 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 20 Sep 2023

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 21 Sep 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, Awaiting 2R Debate, Thu 21 Sep 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, To be reported, Thu 21 Sep 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Referred to committee for inquiry and report, Wed 20 Sep 2023

Radiation Control Amendment Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 21 Sep 2023

Work Health and Safety Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023

Proclamations commencing Acts

Criminal Legislation Amendment (Knife Crimes) Act 2023 No 12 (2023-528) — published LW 22 September 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 No 10 (2023-545) — published LW 29 September 2023

Bills assented to

Appropriation Act 2023 No 24 — assented to 27 September 2023

Appropriation (Parliament) Act 2023 No 25 — assented to 27 September 2023

City of Sydney Amendment Act 2023 No 27 — assented to 27 September 2023

Civil and Administrative Tribunal Amendment Act 2023 No 22 — assented to 20 September 2023

Crimes Amendment (Corrupt Benefits for Trustees) Act 2023 No 21 — assented to 20 September 2023

Explosives Amendment Act 2023 No 23 — assented to 20 September 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Act 2023 No 20 — assented to 20 September 2023

Treasury and Revenue Legislation Amendment Act 2023 No 26 — assented to 27 September 2023

Notice of motion

Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 - in Legislative Council, Notice of Motion, Wed 20 Sep 2023

Library update

Fri Oct 06 2023

The Bar Library will be closed until 1pm on Thursday, 12 October to allow the Librarians to attend a professional development training session. We apologise for any inconvenience.