The Library Bulletin

Proclamations commencing Acts

Children and Young Persons (Care and Protection) Act 1998 No 157 (2024-34) — published LW 23 February 2024

Radiation Control Amendment Act 2023 No 30 (2024-35) — published LW 23 February 2024

Bills assented to

Centennial Park and Moore Park Trust Amendment (Public Transport) Act 2024 No 2 — assented to 19 February 2024

Constitution Amendment (Executive Council) Act 2024 No 1 — assented to 19 February 2024

Crime and Criminal Procedure Legislation Amendment Act 2024 No 3 — assented to 19 February 2024

Customer Service Legislation Amendment Act 2024 No 4 — assented to 19 February 2024

Detention Legislation Amendment (Prohibition on Spit Hoods) Act 2024 No 5 — assented to 19 February 2024

High Risk Offenders Legislation Amendment Act 2024 No 6 — assented to 19 February 2024

Institutions Legislation Amendment Act 2024 No 7 — assented to 19 February 2024

Sheriff and Court Security Amendment Act 2024 No 8 — assented to 19 February 2024

R v Mina Narouz [2024] NSWCCA 14 - statutory interpretation of s 111(1) of the Road Transport Act 2013 (NSW), "strict or absolute liability"

Welcome to the 'Hotel California' case : the trial over handwritten lyrics to an Eagles classic on ABC

World-first climate action in NZ's top court by Sharon Brettkelly on THE Detail (RNZ)

Constitutional fixed points and the Australian Constitution : Cass Sunstein on 'How to interpret the constitution' by Rosalind Dixon on Australian Public Law

The document exists, but I won't let you see it! Confidentiality claims during discovery by Chiara Rawlins of McCabes

End of the road for Volkswagen in Takata airbags class action — 'acceptable quality' guarantee still in focus for the High Court by Christopher Marsh and Chloe Brighton of Maddocks

Law Report (ABC) for 20 February presented by Damien Carrick - Julian Assange : will Britain's High Court approve new appeal against US extradition?

Legislative intent and agency : a rational unity account by Stephanie Collins and David Tan in Oxford Journal of Legal Studies (forthcoming)

Limits on the duty of utmost good faith, Justice Jackman at the Commercial Bar Association of Victoria

The "no penalty rule" : form over substance still survives – but with some room to chip away by Christopher Connor on CommBar Matters (Commercial Bar Association of Victoria)

The role of courts in shaping legal transformation, Mr Greg McIntyre SC at the Fiji Law Society Convention 2024

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Extra Wigs : The Law Is A Meme

Australian tort law in the 21st Century / David Rolph, John Eldridge and Timothy Pilkington (eds.)

Corporations legislation 2024 / Jason Harris, Karen Petch, Kerry Abadee and Alexandra Pieniazek

The Land and Environment Court of NSW has made 2 new Class 3 practice notes :

Class 3 Compensation Claims - commencing 2 April 2024

Class 3 Valuation Objections - commencing 2 April 2024

Bugmy v State of New South Wales [2024] NSWSC 84 - civil procedure, leave to commence action, where plaintiff in custody for serious indictable offence

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 - statutes, construction, Carriage of Goods by Sea Act 1991 (Cth)

The King v Rohan (a pseudonym) [2024] HCA 3 - criminal liability, statutory complicity

Australia is in desperate need of a Whistleblower Protection Authority. Here's what it should look like by A J Brown and Jane Olsen on The Conversation

'No body, no parole' laws to be tested in High Court after release of 'Esky Killer' by Alexandria Utting on ABC

Another native title lesson for proponents : Harvey v Minister for Primary Industry and Resources [2024] HCA 1 by Susanne Rakoczy and Isabella Dissing of Maddocks

ChatGPT is not a paralegal : the professional implications for lawyers in using ChatGPT by Brenda Tronson on Australian Public Law

Copyright in fictional characters and the parody and pastiche defences by Thomas St Quintin at Centre for Intellectual Property and Information Law

The exclusion of aliens under federal law : analysing the impact of NZYQ, Alexander and Benbrika by Sangeetha Pillai on Australian Public Law

Federal court judgment : ASIC v Block Earner by Daniel MacPherson, Peter Reeves and Aparna Nanayakkara of Gilbert + Tobin

Law Report (ABC) for 13 February presented by Damien Carrick - Mother of US school shooter found guilty of manslaughter; the death penalty in China

Unheralded nation-builder : another dimension of John Hubert Plunkett, The Hon Andrew Bell, 2024 Annual Plunkett Lecture

When is a claim considered fraudulent? The impact of false and misleading statements on a claim for damages by Raissa Galang of McCabes

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions

Australian master tax guide 2024

Statutory interpretation in Australia (10th ed.) / D. C. Pearce

Benjamin's sale of goods (12th ed.) / Michael Bridge (ed.)

Bowstead and Reynolds on agency (23rd ed.) / Peter Watts

Chitty on contracts (35th ed.) / H. G. Beale (ed.)

The culpable corporate mind / Elise Bant (ed.)

The immigration of Irish lawyers to Australia in the nineteenth century : causes and consequences / John Kennedy McLaughlin

The interpretation of contracts (8th ed.) / Kim Lewison

Carver v State of New South Wales [2024] NSWCA 10 - claim by Crown for possession of Crown land — where land previously subject to a permissive occupancy — whether claim statute barred on the basis that the land has been in adverse possession for over 30 years

H v AC [2024] NSWSC 40 - parens patriae, 'Gillick competence'

Harvey v Minister for Primary Industry and Resources [2024] HCA 1 - native title rights

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 - immigration, visas

Proclamations commencing Acts

Water Management Amendment Act 2010 No 133 (2024-20) — published LW 9 February 2024

In progress

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Assembly, Awaiting mover's 2R Speech, Wed 7 Feb 2024

Combat Sports Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 8 Feb 2024

Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 8 Feb 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Independent Commission Against Corruption Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Local Government Amendment (De-amalgamations) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Feb 2024

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Feb 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Feb 2024

Awaiting assent

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - Awaiting Assent, Wed 7 Feb 2024

Constitution Amendment (Executive Council) Bill 2023 - Awaiting Assent, Wed 7 Feb 2024

Crime and Criminal Procedure Legislation Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Customer Service Legislation Amendment Bill 2023 - Awaiting Assent, Tue 6 Feb 2024

Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

High Risk Offenders Legislation Amendment Bill 2023 - Awaiting Assent, Tue 6 Feb 2024

Institutions Legislation Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Sheriff and Court Security Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Notice of motion

Alcohol Consumption in Public Places Legislation Amendment (Liberalisation) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Animal Research Amendment Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Electoral Funding Amendment (Property Developers) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 7 Feb 2024

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Local Government Amendment (De-amalgamations) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 7 Feb 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for "P Plate" Drivers) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Roads and Crimes Legislation Amendment (Offences Repeal) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Rural Fires Amendment (Red Fleet) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

The Michigan school shooter's mother Jennifer Crumbley was convicted of manslaughter. Could the landmark ruling set a legal precedent? by Audrey Courty on ABC

AI is no Perry Mason (yet) from Gilbert + Tobin

Law Report (ABC) for 6 February presented by Damien Carrick - Derek Bromley to make new parole bid 40 years after murder conviction

NZYQ : consistency, continuity, and human rights by Harry Sanderson and Meghan Malone on Australian Public Law

Proportionate liability scheme does not apply to liability under NSW statutory duty of care by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck, Katherine Mallik, Greg Midgley, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley, Chris Slocombe, Mark Spain, Natalie Speranza and Joanne Teagle of Clayton Utz

When does an employee's social media comment cross the line? by Michael Selinger and Julia Wyatt of Holding Redlich

Proclamations commencing Acts

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 (2024-15) — published LW 2 February 2024

For anyone who missed the memorandum sent on Monday describing the restrictions placed upon the Bar Library regarding distributing materials from our commercial vendors electronically it is available here.

Australian Securities and Investments Commission v Daly (Penalty Hearing) [2024] FCA 3 - duties of officers of responsible entity of a registered managed investment scheme

Commissioner of Taxation v Rawson Finances Pty Ltd (Costs) [2024] FCA 19 - indemnity costs

Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd [2024] NSWSC 18 - contracts, express terms, illusory consideration

Complaint filed against child protection department, with class actions to follow across Australia by Arianna Levy and Laura Lavelle on ABC

Court orders temporary halt to logging in Tasmanian forest ahead of swift parrot case by Lisa Cox and Jordyn Beazley in The Guardian

Most prisoners never receive visitors, and this puts them at a higher risk of reoffending by Nicole Ryan and Nathan Ryan on The Conversation

The bad blood of deepfakes by Stuart Green and Courtney White of Davies Collison Cave

The bicentenary of the Supreme Court and its significance, The Hon A S Bell, Opening of Law Term Address

Corporations as agents in the national plan to end domestic violence – examining possibilities and limitations by Guzyal Hill in Australian Journal of Corporate Law

Does surgery transform a below-threshold injury into an above-threshold injury? by Peter Hunt of McCabes

Federal Court imposes significant financial penalties on individual directors for breach of duties by Suzie Leask and Madeline Tait of Hall and Wilcox

The ICO's role in realising a free and accountable press post-Leveson, Professor Paul Wragg, Centre for Intellectual Property and Information Law Seminar

Law Report (ABC) presented by Damien Carrick - ICJ issues interim measures in Israel genocide case; UK faces legal challenge over Northern Ireland amnesty law

Liability for mental injury, Lord Briggs, Chichester University Lecture

NZYQ : a new style of unanimous judgment for the High Court of Australia by Stephen McDonald SC on Australian Public Law

The role of courts in shaping legal transformation, Greg McIntyre SC, Fiji Law Society Convention

Administrative Appeals Tribunal (6th ed.) / Lex Holcombe

Blackshield and Williams Australian Constitutional law and theory : commentary and materials (8th ed.) / Rebecca Ananian-Welsh, Sean Brennan, Andrew Lynch, Peta Stephenson, and George Williams

Disclosure (being the sixth edition of Discovery) / Paul Matthews and Hodge M. Malek

Kerly's law of trade marks and trade names (17th ed.) / James Mellor, David Llewelyn, Thomas Moody-Stuart, David Keeling and Iona Berkeley

Professional indemnity insurance law (3rd ed.) / W. I. B. Enright and Robert M. Merkin