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Interesting articles, speeches and podcasts

Fri Jun 28 2024

Australia's first civilian jury was entirely female. Here's how 'juries of matrons' shaped our legal history by Alice Neikirk on The Conversation

Celebrating the bicentenary of the Office of the Sheriff of New South Wales, Chief Justice Andrew Bell

Dealing with change, Chief Justice Andrew Bell, Address to the Regional Meeting of the Law Society of New South Wales

Federal Court decides scope of Crown copyright laws by Jaquelin Cantarella, Daniella Lambert and Caitlin Rigby of MinterEllison

How do companies think?, Justice Anthony Payne at the Commercial Law Association

Is cryptocurrency property?, Justice Jackman at Commercial Law Association of Australia

Law Report (ABC) for 25 June presented by Damien Carrick - Should foreign judges sit on Hong Kong's highest court? Anti-discrimination laws in religious schools

Micro and small enterprises and small and medium enterprises, Justice Ashley Black, 14th Joint INSOL / UNCITRAL / World Bank Group Multinational Judicial Colloquium on Insolvency

Parliamentary procedure and responsible government - Responsible government and the Australian Constitution book forum by Leslie Gonye on Australian Public Law

Responsible Government and the Australian Constitution book forum by James Stellios on Australian Public Law

Robert Irwin wanted to sue One Nation for using his likeness. We don't really have laws for that by Brendan Clift on The Conversation

New and updated NSW Bills

Fri Jun 28 2024

Library update

Fri Jun 28 2024

Please note the Bar Library will close at 4:30pm on Thursday July 4. We apologise for any inconvenience.

New and updated NSW Bills

Fri Jun 21 2024
Proclamations commencing Acts

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 No 53 (2024-211) — published LW 21 June 2024

High Risk Offenders Legislation Amendment Act 2024 No 6 (2024-212) — published LW 21 June 2024

Bills assented to

Bail and Other Legislation Amendment (Domestic Violence) Act 2024 No 30 — Assented to 20 June 2024

Emergency Services Levy Amendment (Land Classification) Act 2024 No 32 — Assented to 20 June 2024

Emergency Services Levy Insurance Monitor Act 2024 No 33 — Assented to 20 June 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Act 2024 No 31 — Assented to 20 June 2024 Museums of History NSW Amendment (Chief Executive Officer) Act 2024 No 34 — Assented to 20 June 2024

In progress

Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 20 Jun 2024

Coal Mine Subsidence Compensation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 19 Jun 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Fri 21 Jun 2024

Electoral Funding Amendment Bill 2024 - in Legislative Council, 2R, Tue 18 Jun 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Fri 21 Jun 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 20 Jun 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 20 Jun 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 19 Jun 2024

Rice Marketing Amendment Bill 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Wed 19 Jun 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 19 Jun 2024

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 20 Jun 2024

Water Management Amendment (Central Coast Council) Bill 2024 - in Legislative Assembly, 2R Speech, in progress, Fri 21 Jun 2024

Awaiting assent

Appropriation (Parliament) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Appropriation Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Catholic Cemeteries and Crematoria Trust Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Community Services Sector (Portable Long Service Leave) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Electoral Funding Amendment Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Energy Legislation Amendment (Clean Energy Future) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Energy Security Corporation Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Government Sector Employment and Other Legislation Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

National Parks and Heritage Legislation Amendment Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Residential (Land Lease) Communities Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Revenue Legislation Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Interesting articles, speeches and podcasts

Fri Jun 21 2024

Bruce Lehrmann went back for his hat and lost his shirt : costs in Australian litigation by Michael Legg and Felicity Bell on Australian Public Law

Coercive control - Episode 4 (Part 1), Episode 4 (Part 2) and Episode 5 hosted by Hayley Dean, Legal Aid NSW

Dominium in the Age of neurotechnologies : who is the subject of neurorights?, Ozan Erözden at University of Sydney

Law Report (ABC) for 18 June presented by Damien Carrick - How stressful is it to be a judge or magistrate?

Lives and Times of the Judges Podcast hosted by Fiona Gruber - Robert French AC

Next generation good faith issues - Gomeroi v Santos appeal by Tony Denholder, Andrew Gay, Clare Lawrence and Joel Moss of Ashurst

Thinking about law : the wisdom of a common law tradition, Hon. Justice Geoff Lindsay, The Michael O'Dea Oration

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Wigs Live - Reasonable Cause CPD 2024

New books

Fri Jun 21 2024

Interesting articles, speeches and podcasts

Fri Jun 14 2024

Breathing life into the law : achieving access to justice in the modern State, Lady Rose, Lionel Cohen Lecture 2024

Coercive control - Episode 3 hosted by Hayley Dean, Legal Aid NSW

Improving anti-corruption oversight : AB v IBAC and beyond by William Partlett on Australian Public Law

Law Report (ABC) for 11 June presented by Damien Carrick - Protecting First Nations sacred sites: are Australian laws fit for the task?

Police use of intrusive technology : freedom, privacy, and political legitimacy, A. Roberts in A. Roberts, J. Purshouse, and J. Bosland (eds.), Privacy, Technology, and the Criminal Process, (2023: Routledge), 39-65

A tort of misappropriation of culture, Jayden Houghton, (2024) 29 Torts Law Journal

New and updated NSW Bills

Thu Jun 06 2024
In progress

Alcohol Consumption in Public Places (Liberalisation) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 5 Jun 2024

Automated External Defibrillators (Public Access) Bill 2024 (No 2) - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 - in Legislative Council, 2R, Wed 5 Jun 2024

Catholic Cemeteries and Crematoria Trust Bill 2024 - n Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Community Services Sector (Portable Long Service Leave) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 5 Jun 2024

Electoral Funding Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Energy Legislation Amendment (Clean Energy Future) Bill 2024 - in Legislative Assembly, 2R Speech, Debate adjourned 5 clear days, Wed 5 Jun 2024

Energy Security Corporation Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 6 Jun 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 - in Legislative Council, 2R, Tue 4 Jun 2024

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 5 Jun 2024

National Parks and Heritage Legislation Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Debate adjourned, Wed 5 Jun 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Residential (Land Lease) Communities Amendment Bill 2024 - in Legislative Council, To be reported, Wed 5 Jun 2024

Rice Marketing Amendment Bill 2024 - in Legislative Council, 2R, Thu 6 Jun 2024

Road Rules Amendment (Helmets—Sikh Exemption) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Transport Administration Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Awaiting assent

Emergency Services Levy Amendment (Land Classification) Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Emergency Services Levy Insurance Monitor Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Notice of motion

Environmental Planning and Assessment Amendment (Inclusionary Zoning Targets) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 6 Jun 2024

Government Sector Employment and Other Legislation Amendment Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Statute Law (Miscellaneous Provisions) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

New judgments

Thu Jun 06 2024

EXV v Uniting Church in Australia Property Trust (NSW) [2024] NSWSC 490 - first consideration of section 7D of the Civil Liability Act 2002 (NSW)

Prouten v Buxton [2024] NSWDC 182 - defamation – contretemps occurring when plaintiff and defendant were both using a shared path for cyclists and pedestrians – both parties complain to the police - defendant’s Facebook post describing the incident widely shared on other Facebook pages - identification, defamatory meaning and publication – whether the defendant is liable for publications on Facebook pages other than his own where his original post is “shared” on other Facebook pages – defences of justification, honest opinion and offer to make amends - damages

State of New South Wales v McLaughlin [2024] NSWCA 137 - false imprisonment

Interesting articles, speeches and podcasts

Thu Jun 06 2024

AI's Ultron moment – Johansson takes on OpenAI over uncanny voice resemblance by Antoine Pace of Gadens

The courts and arbitration, Justice Stern

Crypto court ruling : "scope" of financial products, authorised representative exemptions and misleading or deceptive conduct by Robert Neely, Mark Lindfield, Kenneth Leung and Angus Bryce of Lander and Rogers

Health AI : UK study of real world examples of bias by Anna Smyth and Peter Waters of Gilbert + Tobin

Industrial manslaughter bill introduced in NSW by Cameron Hannebery, Adam Battagello and Siena Visentini of Lander and Rogers

An inquiry has recommended Australia legislate a Human Rights Act. Here's why we need one by Paula Gerber and Melissa Castan on The Conversation

Law Report (ABC) for 4 June presented by Damien Carrick - Trump's legal woes; Bad Neighbours: fences

Overturning Al-Kateb v Godwin : unanswered questions about the rules of precedent.pdf ""), Justice Edelman, The Fourteenth Sir Harry Gibbs Memorial Oration, The Thirty-Fourth Conference of The Samuel Griffith Society

Strata law : an update from the perspective of the Supreme Court, Justice Peden, 19th Annual Australian College of Strata Lawyers (ACSL) Strata Law Conference

Thinking about law : the wisdom of a common law tradition, Justice Lindsay, The Michael O'Dea Oration