The Library Bulletin

The 12 bizarre laws of Christmas by Lauren Zazzara on HeinOnline Blog

AI cannot be named as patent 'inventor', UK supreme court rules on The Guardian

O Christmas tree, O Christmas tree... what are my rights this season, legally? by Rick Sarre, Ben Livings, Juliette McIntyre, Lisa Cooper, Michelle Fernando and Sarah Moulds on The Conversation

Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633 - consumer law, "Where accommodation prices for Australian properties were displayed to some Australian consumers without clear indication that the price was in USD - conduct affecting approximately 63,000 consumers and approximately 77,000 accommodation bookings"

SafeWork NSW v Qantas Ground Services Pty Ltd [2023] NSWDC 468 - work health and safety, discriminatory conduct

Adjustment disorder or persistent depression? by Helen Huang of McCabes

Beyond 'quiet criticism' : filling the gaps in government accountability post-Robodebt by Ruchira Abeyratna on Australian Public Law

The crackdown on land clearing : Chief Executive of the Office of Environment and Heritage v Turnbull [2023] NSWLEC 137 by Patrick Holland, Kate Swain and Kara Mezinec of McCullough Robertson

Disrupting infrastructure : space, speed and street governance by Amelia Thorpe, UNSW Law Research Paper No. 62

High Court finds no authorisation of copyright infringement in Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd by Max Jones of Allens Linklaters

Landmark SafeWork NSW win against Qantas reiterates the standing of health and safety representatives under the Work Health and Safety Act 2011 by Bruce Heddle, Dale McQualter, Christine Maibom and Kenya Walker of Maddocks

The public interest : new defamation defence finally tested by Ian Bloemendal and Shane Montgomery of Clayton Utz

The WayForward : the admissibility of 'WayBack Machine' evidence by Gus Skavronskas and Justin Pennay of McCabes

Where to next? Building a culture, Justice Francois Kunc, 36th National Conference of the Australian Institute of Interpreters and Translators

You can't serve two masters : High Court says Australian Consumer Law gives way to specialised consumer protection legislation by Justin Jones and Amanda Tesvic of Ashurst

The Bar Library will close at 12 pm on Friday 22 December.

The Bar Library will reopen on Monday 8 January 2024 at 9am and operate on reduced hours (9am-5pm) for most of January.

On Monday 29 January the Bar Library will return to normal operating hours, 8:30am-5:30pm, Monday to Friday.

Proclamations commencing Acts

Crimes Amendment (Prosecution of Certain Offences) Act 2023 (2023-665) — published LW 15 December 2023

Industrial Relations Amendment Act 2023 No 17 (2023-666) — published LW 15 December 2023

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 (2023-667) — published LW 15 December 2023

Bills assented to

24-Hour Economy Commissioner Act 2023 No 54 — assented to 12 December 2023

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 No 53 — assented to 12 December 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Act 2023 No 56 — assented to 12 December 2023

Building Legislation Amendment Act 2023 No 44 — assented to 11 December 2023

Casino Control Amendment Act 2023 No 46 — assented to 11 December 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Act 2023 No 43 — assented to 11 December 2023

Climate Change (Net Zero Future) Act 2023 No 48 — assented to 11 December 2023

Crimes Amendment (Prosecution of Certain Offences) Act 2023 No 47 — assented to 11 December 2023

Electoral Funding Amendment Act 2023 No 55 — assented to 12 December 2023

Emergency Services Legislation Amendment Act 2023 No 42 — assented to 11 December 2023

Energy Legislation Amendment Act 2023 No 49 — assented to 12 December 2023 Greater Cities Commission Repeal Act 2023 No 52 — assented to 12 December 2023 Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Act 2023 No 51 — assented to 12 December 2023 Strata Legislation Amendment Act 2023 No 45 — assented to 11 December 2023 Transport Administration Amendment (TAHE) Act 2023 No 50 — assented to 12 December 2023

Court rules parts of NSW protest laws are 'invalid' after challenge by Knitting Nannas activists by Xanthe Gregory and Heath Parkes-Hupton on ABC

Fake lawyer's short-lived 'career' aped Suits plot by Esther Linder in The Canberra Times

Bromley v The King [2023] HCA 42 - criminal law, appeal against conviction

Kvelde v State of New South Wales [2023] NSWSC 1560 - protest laws

Mitsubishi Motors Australia Ltd & Anor v Begovic [2023] HCA 43 - consumer protection, misleading or deceptive conduct

Taylor v August and Pemberton Pty Ltd [2023] FCA 1313 - human rights, discrimination, sexual harassment

Can a sibling successfully claim against an estate? by Ashleigh Blewitt of Chamberlains

Embracing medical expertise in the realm of judicial review : Vicinity Centres PM Pty Ltd v Melek Arik & Ors by Richard Johnson, Maddison Williams and Stacy Thalluri of McCabes

High Court finds in favour of Mitsubishi & Dealer on fuel consumption labelling case by Evan Stents of HWL Ebsworth

High Court rules on intersection of unfair contract terms regime and choice of law by Andrew Hii, Liana Witt, Kathy Lin and Kelvin Ng of Gilbert + Tobin

In support of a statutory duty of care to mitigate the impact of climate change – a tripartite argument by Marco Rizzi, Fiona McGaughey and Alex Gardner on Australian Public Law

Law Report (ABC) for 12 December presented by Damien Carrick - Avoiding the legal risks of office Christmas parties

Record high damages awarded for sexual harassment by Megan Cant, Jamie Kim, Fiorella Chiavetta and Chloe Hamer of Holding Redlich

Re-writing section 90 : Vanderstock and the new meaning of excise by Anne Twomey on Australian Public Law

Statutory eucalypts in the law of charity, Justice Mark Leeming, John Emerson Oration and CLAANZ Annual Lecture

Annotated criminal legislation New South Wales 2023-2024 / Roderick N. Howie and Peter A. Johnson

Annotated Federal Court legislation and rules (4th ed) / Kevin Lindgren, Natalie Cujes and John Mathieson

Gender issues in family law / Renata Alexander

The Bar Library will close at 2pm on Thursday 21 December and at 12 pm on Friday 22 December.

The Bar Library will reopen on Monday 8 January 2024 at 9am and operate on reduced hours (9am-5pm) for most of January.

On Monday 29 January the Bar Library will return to normal operating hours, 8:30am-5:30pm, Monday to Friday.

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 5 : Elwood v Director of Public Prosecutions [2023] NSWSC 772, Tuxford v Director of Public Prosecutions [2023] NSWSC 1300, R v DK [2023] NSWCCA 281, McNamara v The King [2023] HCA 36, R (NSW Police) v Mainfreight Pty Ltd [2023] NSWDC 459

Can implicit bias in judicial decision making be cured by greater diversity on the bench? by Brian Opeskin in (2023) 35 Judicial Officers’ Bulletin (in press)

Citizenship stripping and the conception of punishment as an exclusively judicial function by Emily Hammond and Rayner Thwaites on Australian Public Law

Climate change challenges dismissed by the Federal Court by John Paul Merlino, Mark Etherington, and Vanessa Samaras of HWL Ebsworth

Exploring the interface between the common law of tort and Statute law, Lord Sales, Annual Richard Davies Lecture for the Personal Injuries Bar Association

Generative AI and copyright law, Dr Alina Trapova, CIPIL Evening Seminar

Law Report (ABC) for 5 December presented by Damien Carrick - Grant Donaldson SC on balancing open justice and national security

Liberty, punishment and the power to detain : the fallout from NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs by Laura John, Josephine Langbien and Sanmati Verma on Australian Public Law

New Climate Change Act in NSW to accelerate climate change mitigation and adaptation by Nick Thomas, Claire Smith, Brendan Bateman, Maisie McFadyen and Nathaniel Wong of Clayton Utz

Parliament unpacked : privilege - the Parliament's sword and shield, Helen Minnican and David Blunt AM, Parliament of New South Wales

Some questions of proof and probability, Lord Leggatt, At a Glance conference

Space : from renewables to remote access, how the final frontier is solving Earth's problems by Kate Creighton-Selvay, Annabel Griffin, Paul Schroder, Anna MacFarlane and Marcus Yim of King and Wood Mallesons

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

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Vanderstock decision : the exclusive power of the Commonwealth to levy duties of excise

Nobody reads T&C's – but the High Court's Ruby Princess decision shows consumer law may protect us anyway by James D Metzger on The Conversation

Sandra Day O'Connor : a ranch girl who became 'queen of the court' by Joshua Nevett on BBC News

Awaiting assent

24-Hour Economy Commissioner Bill 2023 - Awaiting Assent, Mon 4 Dec 2023

Bills assented to

Industrial Relations Amendment Act 2023 No 41 — assented to 05 December 2023

Huxley v The Queen [2023] HCA 40 - criminal practice, co-accused

Karpik v Carnival PLC [2023] HCA 39 - consumer protection, extraterritorial application of s 23 of Australian Consumer Law

Potts v National Australia Bank Limited [2023] HCA 41 - special leave to appeal

Real Estate Tool Box Pty Ltd & Ors v Campaigntrack Pty Ltd & Anor [2023] HCA 38 - copyright infringement

Criminal procedure in Australia (3rd ed) / Francine Feld, Andrew Hemming and Thalia Anthony

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.

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

Proclamations commencing Acts

Criminal Procedure Amendment (Child Sexual Offence Evidence) Act 2023 No 32 (2023-630) — published LW 1 December 2023

Motor Dealers and Repairers Amendment Act 2023 No 28 (2023-619) — published LW 24 November 2023

State Insurance and Care Governance Amendment (ICNSW Board) Act 2023 No 16 (2023-631) — published LW 1 December 2023

In progress

24-Hour Economy Commissioner Bill 2023 - in Legislative Council, To be reported, Wed 29 Nov 2023

Ageing and Disability Commissioner Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Casino Control Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 30 Nov 2023

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Tue 28 Nov 2023

Constitution Amendment (Executive Council) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 clear days, Thu 30 Nov 2023

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Constitution Amendment (Water NSW and Local Water Utilities) Bill 2023 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Thu 30 Nov 2023

Crimes Amendment (Prosecution of Certain Offences) Bill 2023 - in Legislative Assembly, To be reported, Thu 30 Nov 2023

Customer Service Legislation Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 23 Nov 2023

Greater Cities Commission Repeal Bill 2023 - in Legislative Council, 2R, Tue 28 Nov 2023

High Risk Offenders Legislation Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 23 Nov 2023

Institutions Legislation Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Nov 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Tue 21 Nov 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Tue 28 Nov 2023

Pill Testing Trial Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Thoroughbred Racing Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Unlawful Gambling Amendment (Betting on Animals) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Nov 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 30 Nov 2023

Awaiting assent

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 - Awaiting Assent, Thu 30 Nov 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Building Legislation Amendment Bill 2023 - Awaiting Assent, Tue 21 Nov 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - Awaiting Assent, Thu 23 Nov 2023

Climate Change (Net Zero Future) Bill 2023 - Awaiting Assent, Thu 30 Nov 2023

Electoral Funding Amendment Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Emergency Services Legislation Amendment Bill 2023 - Awaiting Assent, Wed 22 Nov 2023

Energy Legislation Amendment Bill 2023 - Awaiting Assent, Tue 28 Nov 2023

Industrial Relations Amendment Bill 2023 - in Legislative Assembly, Awaiting Assent, Thu 30 Nov 2023

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Strata Legislation Amendment Bill 2023 - Awaiting Assent, Wed 22 Nov 2023

Transport Administration Amendment (TAHE) Bill 2023 - Awaiting Assent, Tue 28 Nov 2023

Notice of motion

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2023 - in Legislative Council, Notice of Motion, Tue 28 Nov 2023

Companion Animals Amendment (Duty to Keep Cats on Premises) Bill 2023 - in Legislative Council, Notice of Motion, Thu 30 Nov 2023

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 30 Nov 2023

Access to justice : rethinking the framework, Sir Ross Cranston, Ninth BAILII Sir Henry Brooke Lecture

Case summary : GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore by Justin Dyson of McCabes

Ceremonial sitting of the Full Court to farewell the Honourable Justice Rares, Federal Court of Australia

Comparing Australia's insolvent trading regime with New Zealand's reckless trading regime, Dr Jason Harris, Mark Wellard and Natasha McHattan, Ross Parsons Centre Law and Business seminar

Dignity and adoption in the eyes of a child or young person : the perspective of an equity judge, Justice Geoff Lindsay AM, Adoption Conference

Exceptions : self-defence as an exception to the prohibition on the use of force by Iain Scobbie, The University of Manchester Legal Research Paper Series No. 23/16

High Court reasons on immigration ruling pave way for further legislation by Daniel Ghezelbash and Anna Talbot on The Conversation

Law Report (ABC) for 21 November presented by Damien Carrick - Battle of the burger chains; hundreds sentenced in Italy mafia trial

New point of law : what can be considered as a protected document? by Patrick Ibbotson, Susanne Rakoczy of Maddocks

Piecrust promises and broken hearts on Conversations with Richard Fidler

Profoundly different ways of thinking : management of persons, property and relationships disputes v adjudication of competing claims of right, Justice Geoff Lindsay AM, STEP NSW

Unjust enrichment in Australia 2021-2022 by Kit Barker and Penelope Bristow in 2023 Lloyds Maritime and Commercial Law Quarterly 130-170

Use of artificial intelligence in criminal cases by Srishti Agarwal in International Review of Law and Technology Volume 2 Issue 2, Forthcoming

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Stephen interviews Bri Lee, author of Eggshell Skull

Canada province uses constitutional override to advance pronoun legislation by Leyland Cecco in The Guardian

Melbourne man loses legal battle with pet-sitter who couldn’t get his dog Sooty to take medication via pork buns by Adeshola Ore in The Guardian

DM v TH [2023] NSWSC 1421 - family law, French court has recognised the paternity of a father not listed on a child's birth certificate, whether orders can be made under s 21 of the Status of Children Act 1996 (NSW) to declare that the father is the father of the child and whether order can be made under s 19 of the Births, Deaths and Marriages Act 1995 (NSW)

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCA 37 - constitutional law, indefinite immigration detention

Salman v Hornsby Shire Council [2023] NSWDC 506 - expert evidence, expert states qualification as ergonomist, whether expert qualified to express opinions

Annotated administrative appeals legislation (5th ed) / Nathan Moshinsky

Health law in Australia (4th ed) / Ben White, Fiona McDonald, Lindy Willmott and Shih-Ning Then

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