The Library Bulletin

Facts in public law adjudication / Joe Tomlinson and Anne Carter (eds.)

Family law and bankruptcy / Peter Fary

Intellectual and industrial property law (4th ed.) / William van Caenegem

Miller's Australian competition and consumer law annotated 2024 / Russell V. Miller

Modern slavery in Australia / Nerida Chazal and Kyla Raby

Calls for international criminal court to end 'impunity' for environmental crimes by Isabella Kaminski in The Guardian

Historic opening of Yoorrook land injustice hearings on SBS

How secret should our government's secrets be? by Angelica Waite on SBS

Most states now have affirmative sexual consent laws, but not enough people know what they mean by Jonathan Crowe and Gianni Ribeiro on The Conversation

KCPC Pty Ltd v Ivamar Pty Ltd [2024] NSWSC 322 - contracts, Briginshaw principles, falsa demonstratio non nocet, absurdity

Bills assented to

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Act 2024 No 9 — assented to 25 March 2024

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Act 2024 No 11 — assented to 25 March 2024

Environmental Legislation Amendment (Hazardous Chemicals) Act 2024 No 10 — assented to 25 March 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 No 12 — assented to 25 March 2024

Human Tissue Amendment (Ante-mortem Interventions) Act 2024 No 13 — assented to 25 March 2024

2024 Paul Byrne Memorial Lecture : The rule of law in modern Australia, The Honourable Chief Justice Lucy McCallum

The allocation of merits review rights in Australia : anomaly and variation by Joel Townsend and Emily Singh on Australian Public Law

The ART of merits review : structural and operational flexibility, Justice Kyrou, Whitlam Institute seminar

Biggest boost to NSW Environmental Regulation since 1991 by Claire Smith, Brendan Bateman, mark Brady and Nick Thomas of Clayton Utz

A comparative consideration of insider laws of United States and Australia, Donna M Nagy and Juliette Overland, Ross Parsons Centre Law and Business seminar

Law Report (ABC) for 26 March presented by Damien Carrick - Movements in work safety: Victoria's first industrial manslaughter prosecutions and feedback on OH&S laws

Mechanisms in the ART Bill to thwart Robodebt-type maladministration, Justice Kyrou, Australian Academy of Law conference

What does the Lasry resignation tell us about judicial complaints commissions? by Joe McIntyre on Australian Public Law

In progress

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Mar 2024

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 20 Mar 2024

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 20 Mar 2024

Conversion Practices Ban Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 20 Mar 2024

Health Practitioner Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 19 Mar 2024

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2024 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 21 Mar 2024

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 21 Mar 2024

Property NSW Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Mar 2024

Awaiting assent

Ageing and Disability Commissioner Amendment Bill 2023 - Awaiting Assent, Tue 19 Mar 2024

Bail and Crimes Amendment Bill 2024 - Awaiting Assent, Thu 21 Mar 2024

Children and Young Persons (Care and Protection) Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Combat Sports Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 - Awaiting Assent, Thu 21 Mar 2024

Independent Commission Against Corruption Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Notice of motion

Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 20 Mar 2024

Health Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, Notice of Motion, Tue 19 Mar 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, Notice of Motion, Tue 19 Mar 2024

The Bar Library is offering personalised research skills sessions to members and their staff.

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.

Sessions will work best for 1-3 people at a time. To arrange a time for your session, please contact library@nswbar.asn.au.

Secretary, Department of Communities and Justice v Stewart [2024] NSWCA 59 - meaning of “unpaid leave” – whether a period of absence from work due to incapacity from an injury for which a worker was paid workers compensation constitutes a “period of unpaid leave” – cl 2(3)(a) of Sch 3 to the Workers Compensation Act 1987 (NSW)

In this remote Groote Eylandt community court, Aboriginal elders sit next to the judge by Melissa Mackay on ABC

MONA defends ladies-only lounge against anti-discrimination case brought by male visitor by Fiona Blackwood on ABC

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 6 : R v Narouz [2024] NSWCCA 14, Wells v R [2024] NSWCCA 8, Hickey v Director of Public Prosecutions (NSW) [2024] NSWSC 191, AM v R [2024] NSWCCA 26, Baines v Rex [2023] NSWCCA 302

The Administrative Review Tribunal Bill : a missed opportunity for ending migration exceptionalism and creating a unified approach for administrative review by Daniel Ghezelbash, Mia Bridle and Keyvan Dorostkar on Australian Public Law

Answering the perennial question – when is a ship not a ship? by Geoff Farnsworth and Jonathon Parkin of Holding Redlich

ART appointments : is this the start of something beautiful? by Joe McIntyre on Australian Public Law

Behind code doors – can AI be trusted to keep a secret? by Daniel Kiley, Caitlin Surman and Max Soulsby of HWL Ebsworth

Implications for the dollar of central bank digital currencies by Ross P. Buckley, UNSW Law Research Paper No. 24-6

Landmark decision in ASIC versus Finder Wallet : exploring legal boundaries of crypto-assets by John Bassilios, Max Ding and Wilson Lee of Hall & Wilcox

Law Report (ABC) for 19 March presented by Damien Carrick - Protecting IP rights: a guide for divorcees and inventors

The sordid controversies of litigants? Why and when facts matter, Lady Rose, The Neill Law Lecture 2024

When you wear AI on your sleeve by Peter Waters of Gilbert + Tobin

Government powers under a federal Constitution (3rd ed.) / John Pyke

Private international law in Australia (5th ed.) / Reid Mortensen, Richard Garnett and Mary Keyes

It recently came to our attention that due to a technical error new members have not been receiving this bulletin for quite some time. We have had our IT implement a fix so that should not be a problem in the future. If this is your first time seeing this bulletin that is the reason and we apologise. Equally, the solution implemented means that some members who may have opted out of receiving the bulletin may have been added back to the list, which we could not help. If this applies to you again we apologise. Please send a message to library@nswbar.asn.au and we will remove you from the list going forward.

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The Bar Librarians*

Craig Wright is not Bitcoin creator Satoshi Nakamoto, judge declares by Joel Khalili in Wired

In progress

Ageing and Disability Commissioner Amendment Bill 2023 - in Legislative Assembly, To be reported, Wed 13 Mar 2024

Bail and Crimes Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 12 Mar 2024

Children and Young Persons (Care and Protection) Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Mar 2024

Combat Sports Amendment Bill 2024 - in Legislative Council, 1R, Wed 13 Mar 2024

Conversion Practices Ban Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Mar 2024

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 14 Mar 2024

Emergency Services Levy Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 14 Mar 2024

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 14 Mar 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 14 Mar 2024

Independent Commission Against Corruption Amendment Bill 2024 - in Legislative Council, To be reported, Wed 13 Mar 2024

Rural Fires Amendment (Red Fleet) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 14 Mar 2024

Awaiting assent

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - Awaiting Assent, Thu 14 Mar 2024

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Bill 2024 - Awaiting Assent, Wed 13 Mar 2024

Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 - Awaiting Assent, Wed 13 Mar 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 - Awaiting Assent, Thu 14 Mar 2024

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 - Awaiting Assent, Thu 14 Mar 2024

Notice of motion

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 12 Mar 2024

Water Management Amendment (Water Access Licence Register) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 12 Mar 2024

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 - statutes, procedural fairness

Hurt v The King [2024] HCA 8 - criminal law, sentencing

The King v Anna Rowan – A Pseudonym [2024] HCA 9 - criminal law, defences

Redland City Council v Kozik [2024] HCA 7 - statutes, construction, statutory debt

State of New South Wales v Madden [2024] NSWCA 40 - procedural fairness, false imprisonment, malicious prosecution

The Administrative Review Tribunal : a promising start by Ellen Rock on Australian Public Law

AI is creating fake legal cases and making its way into real courtrooms, with disastrous results by Michael Legg and Vicki McNamara on The Conversation

Content creator or contract creator - can social media posts constitute legally binding offers? by Timothy Seton, Isabella Johnston and Amelia Sakaris of Colin Biggers & Paisley

Establishing psychiatric impairment by Peter Hunt of McCabes

Judicial review of NCAT decisions by Nicola Johnson and Ada Wong of Hall and Wilcox

Law Report (ABC) for 12 March presented by Damien Carrick - "Trapped in silence" : the campaign to end misuse of non-disclosure agreements

Putting your best foot forward : key lessons from the Federal Court's interpretation of 'reasonable steps' by Diana Nicholson, Kate Jackson-Maynes, Sarah Yu and Shannon Hatheier of King & Wood Mallesons

Reconciling sovereignties over sea country in the Northern Territory / Lauren Butterly

Sir Gerard Brennan : the law's good servant / Jeff FitzGerald

Australia's high court to hear two appeals over legality of re-detaining more than 100 non-citizens by Paul Karp in The Guardian

The Māori climate activist breaking legal barriers to bring corporate giants to court by Eva Corlett in The Guardian

Women in Cabinet by Kate Laing on FlagPost

Proclamations commencing Acts

Marine Pollution Amendment (Review) Act 2021 No 8 (2024-55) — published LW 8 March 2024

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 - immigration, visas

Xerri v The King [2024] HCA 5 - criminal law, sentence calculation

Is clothing destroyed during the course of treatment compensable? by Helen Huang of McCabes

Did you get permission to cheat? Copyright infringement matter taken all the way to the High Court by Chris Headon of Chamberlains

Enthusiasm does not guarantee a binding contract, but interest might! by David Pearce, Gemma Osborne and Jarryd Cox of Minter Ellison

False and misleading statements – potential to attract criminal and civil penalties by Scott Couper of Gadens

Law Report (ABC) for 5 March presented by Damien Carrick - Non-disclosure agreements in sexual harassment cases

NSW EPA now targeting more directors, managers and employees for environmental crimes by Michael Causer, Michelle Astridge, Kate Dean and Luke Salem of King and Wood Mallesons

The sordid controversies of litigants? Why and when facts matter, Lady Rose, The Neill Law Lecture 2024

Snark hunting : a search for tracing's underlying rationale, Justice Roger Derrington, 23rd Annual WA Lee Equity Lecture

Australian trade mark law (3rd ed.) / Robert Burrell and Michael Handler

Carter's breach of contract (3rd ed.) / J. W. Carter

Contractual duties : performance, breach, termination and remedies (4th ed.) / Neil Andrews, Malcolm Clarke, Andrew Tettenborn and Graham Virgo

Proclamations commencing Acts

Water Industry Competition Amendment Act 2021 No 26 (2024-43) — published LW 1 March 2024

Khoury v R [2024] NSWCCA 19 - crime, alleged risk of prejudice following exchange between Crown witness and accused in courtroom

Mbuzi v Wordsworth (Recusal Application) [2024] FCA 132 - courts and judges, bias, reasonable apprehension of bias, whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding, whether previous employment with a law firm might result in a reasonable apprehension of bias

Reeves v Reeves [2024] NSWSC 134 - succession, dispute between the plaintiff and the defendant who are the only two children of the deceased, who died in 2021, regarding their entitlements to valuable farming land in Dungog region, which at her death comprised 21 lots

Bangladesh elephants receive historic court protection with capture ban by Alisha Rahaman Sarkar in The Independent