The Library Bulletin

Proclamations commencing Acts

Defamation Amendment Act 2023 No 36 (2024-178) — published LW 31 May 2024

Bills assented to

Emergency Services Levy Amendment Act 2024 No 23 — assented to 27 May 2024

Health Legislation Amendment (Miscellaneous) Act 2024 No 22 — assented to 27 May 2024

The 2019 Hague judgments convention / Ronald A. Brand, Michael S. Coffee and Paul Herrup

Regulation-making in the United Kingdom and Australia : democratic legitimacy, safeguards and executive aggrandisement / Andrew Edgar

Co-producing automated public decision-making, Oliver Butler, Centre for Intellectual Property and Information Law

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

Digital ID Act 2024 by Lesley Sutton and Emilie Williams of Gilbert + Tobin

Law Report (ABC) for 28 May presented by Damien Carrick - Can X be held liable for publishing hate speech in Australia? Bad Neighbours: cars & apartments

Liability for false imprisonment and judicial immunity in Australia's federal court system by Simon Allison and John Minas in (2024) 83(1) Cambridge Law Journal 33

Lives and Times of the Judges Podcast - James Allsop AC SC

What is the effect of making time of the essence in a contract? by Michael Swinson, Bryony Evans and Kirsten Bowe of King and Wood Mallesons

May v Walker [2024] NSWSC 612 - contract – 82-year old bachelor owns land near Thredbo with ski lodge – befriended by couple – offers rent-free accommodation in return for work on property – couple press for 99-year lease, then 30 + 30 year lease, then 30-year lease – owner agrees couple can manage the ski lodge – couple apply pressure – bachelor seeks help – police evict couple – couple assert 30-year lease – whether a contract – principles at [159]-[160] – owner did not sign lease – couple falsify multiple documents in support of claim – rogues.

A chicken recipe so good its origin is being fought in court by Tamara Hinson on BBC

Chief Justice Andrew Bell flags generative AI as major challenge for justice system as Supreme Court of NSW celebrates bicentenary by Jamie McKinnell on Stateline (ABC)

Fewer than 10% of sexual assaults reported to NSW police end in a conviction, report finds by Rafqa Touma in The Guardian

Scarlett Johansson's OpenAI clash is just the start of legal wrangles over artificial intelligence by Dan Milmo on The Guardian

Why a new ruling on the law of the sea and climate change matters for Australia and especially our island neighbours by Clive Schofield and Karen Scott on The Conversation

Hassan (formerly described under the pseudonym AFX21) v Minister for Home Affairs [2024] FCA 527 - immigration detention, duty of care

Madrill on behalf of the members of the Amapete, Apwetyerlaneme, Atnweale and Warrtharre Landholding Groups v Northern Territory of Australia [2024] FCA 529 - native title

Schwanke v Alexakis; Camilleri v Alexakis [2024] NSWCA 118 - equity, whether equitable principles of unconscionable conduct apply to testamentary gifts as they apply to inter vivos transactions

University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57 - industrial law, university, right to intellectual freedom

Bills assented to

Local Government Amendment (De-amalgamations) Act 2024 No 21 — assented to 20 May 2024

Families gather for historic native title decision recognising exclusive possession of Huckitta Station, in Central Australia by Charmayne Allison on ABC

The International Tribunal for the Law of the Sea rules carbon dioxide is an ocean pollutant on ABC

AI takes the Hippocratic oath by Anna Smyth and Peter Waters of Gilbert + Tobin

Contract damage principles and wasted expenditure – High Court decision by Jay Leary and Mikayla Ware of Herbert Smith Freehills

Departmental advice in ministerial decision-making : Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 by Janina Boughey on Australian Public Law

Infringement lessons from the Jack Daniel's case by Luke Dale and Alexia Daminato of HWL Ebsworth

Law Report (ABC) for 21 May presented by Damien Carrick - UK court ruling paves way for new Assange appeal against extradition; Bad Neighbours : surveillance cameras

Truth decay and its implications for the judiciary : an Australian perspective, The Hon. A S Bell, 4th Judicial Roundtable Durham University

What should you give more weight to; expert evidence or school records? by Helen Huang of McCabes

Proclamations commencing Acts

Combat Sports Amendment Act 2024 No 16 (2024-153) — published LW 17 May 2024

In progress

Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Companion Animals Amendment (Puppy Farms) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 15 May 2024

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 16 May 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 16 May 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 15 May 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - in Legislative Council, 2R Speech, Debate adjourned 5 calendar days, Tue 14 May 2024

National Parks and Heritage Legislation Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Assembly, To be reported, Thu 16 May 2024

Residential (Land Lease) Communities Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 14 May 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 16 May 2024

Awaiting assent

Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Emergency Services Levy Amendment Bill 2024 - Awaiting Assent, Wed 15 May 2024

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 - Awaiting Assent, Thu 16 May 2024

Health Practitioner Legislation Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Jury Amendment Bill 2024 - Awaiting Assent, Wed 15 May 2024

Local Government Amendment (Employment Arrangements) Bill 2024 - Awaiting Assent, Thu 16 May 2024

Property NSW Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Notice of motion

Conversion Practices Ban Amendment (Gender Identity) Bill 2024 - in Legislative Council, Notice of Motion, Wed 15 May 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 16 May 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 16 May 2024

Road Rules Amendment (Helmets—Sikh Exemption) Bill 2024 - in Legislative Council, Notice of Motion, Wed 15 May 2024

Notice of motion withdrawn

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Notice of Motion Withdrawn, Thu 16 May 2024

Drake-Kendrick Lamar feud: What does the law say about defamatory lyrics? by Lisa Macklem on The Conversation

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 8 : Bugmy v DPP [2024] NSWCA 70, R v RB [2024] NSWSC 471, El Seidi v R [2021] NSWCCA 303, Lang v The Queen [2023] HCA 29, Hatahet v R [2023] NSWCCA 305

The adequacy of judicial review as a means of overseeing the use of automation in administrative decision-making by Nicola Johnson and Michelle Harradine of Hall and Wilcox

Federalism, the courts and class actionsCorporateConductSymposium.pdf ""), Justice Beech-Jones, Corporate Conduct + Class Actions Symposium

Law Report (ABC) for 14 May presented by Damien Carrick - War crimes whistleblower David McBride sentenced; Bad Neighbours: water

Trends in international law litigation : an Australian perspectiveMiddleTempleLecture.pdf ""), Justice Gleeson, Middle Temple International Sub-Committee Lecture

Waiver of legal professional privilege in regulatory investigations by Toby Boys and Sam Shaw of Holding Redlich

Chalmers and Guest on bills of exchange and cheques (19th ed.) / S. J. Gleeson

Formation and variation of contracts (4th ed.) / John Cartwright

The law of affidavits (2nd ed.) / John Levingston

Spencer Bower and Handley : res judicata (6th ed.) / Patrick Anthony Keane

Discharge of Adoption of Isabel (a pseudonym) [2024] NSWSC 565 - application by adult adopted person to discharge adoption order, whether an exceptional reason shown

Rogers v Registrar General of NSW [2024] NSWSC 590 - adverse possession

Australia : can you ever have too many CARs? Kanye says no; Federal Court says YES! by Alan Darwin, Bill Fuggle and Trudi Procter of Baker McKenzie

Australia's strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences by Gerard Timbs and Ben Swain of Gadens

For King and country? The Federal Court confirms the limits of governments' use of copyright by Cate Nagy, Kate Hay, Luke Hawthorne and Damien MacRae of King and Wood Mallesons

Incorrect in a material respect does not require a different outcome : Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406 by Qiming Zhou of McCabes

Law Report (ABC) for 7 May presented by Damien Carrick - The end of non-compete clauses? Bad Neighbours: smells

Res judicata and issue (collateral) estoppel in transnational litigation and arbitration: The United States position in comparative perspective, Justice McEvoy, 8th Judicial Seminar on Commercial Litigation

Federal constitutional law : a contemporary view (6th ed.) / Sarah Joseph and Melissa Castan

Awaiting assent

Health Legislation Amendment (Miscellaneous) Bill 2024 - Awaiting Assent, Wed 8 May 2024

Local Government Amendment (De-amalgamations) Bill 2024 - Awaiting Assent, Thu 9 May 2024

In progress

Bail Amendment (Serious Personal Violence and Electronic Monitoring) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 8 May 2024

Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Emergency Services Levy Amendment Bill 2024 - in Legislative Assembly, To be reported, Tue 7 May 2024

Emergency Services Levy Amendment (Land Classification) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Emergency Services Levy Insurance Monitor Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 7 May 2024

Health Practitioner Legislation Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Tue 7 May 2024

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Jury Amendment Bill 2023 - in Legislative Assembly, To be reported, Tue 7 May 2024

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 8 May 2024

Local Government Amendment (Employment Arrangements) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 8 May 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Property NSW Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Debate adjourned, Wed 8 May 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 8 May 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 9 May 2024

Lapsed

Automated External Defibrillators (Public Access) Bill 2024 - Lapsed in Accordance with Standing Orders, Sat 20 Apr 2024

Notice of motion

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, Notice of Motion, Wed 8 May 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - in Legislative Council, Notice of Motion, Wed 8 May 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 9 May 2024

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 8 May 2024

Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 - damages, contract

Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks [2024] HCA 16 - statutes

Obian v The King [2024] HCA 18 - statutes

Tasman District Council v Louise Buchanan, Keith Marshall and Alistair Donald as Trustees of the Buchanan Marshall Family Trust [2024] NZCA 133 - novel duty of care

High Court rules Parks Australia criminally liable for alleged sacred site damage at Kakadu's Gunlom Falls by James Elton and Jack Hislop on ABC

NSW bill could limit use of permanent stay law used to fight compensation claims from sexual abuse survivors by Isobel Roe on ABC

Parts of the Bar Library will be inaccessible from Wednesday 15 May to Friday 17 May to allow some necessary industrial cleaning to take place. Some hard copy materials (books, journals, mono-in-series, legislation) may be unavailable during this period. We thank you for your patience.

R v Ronald [2024] NSWChC 4 - children, interviewing vulnerable people after legal advice

R v van Krevel [2024] NSWDC 146 - violent offences, sentencing, special circumstances, history of similar offending

A federal Human Rights Act : turning over a new leaf on climate litigation? by Amy Tan on Australian Public Law

Goldmate v TfNSW - a further consideration of the "public purpose" by Tom White and Alex Beale of Lander and Rogers

How do judges decide cases in the Judicial Committee of the Privy Council?, Lord Reed, University of the West Indies, Faculty of Law 2024

How our brains use autocorrect on Conversations presented by Sarah Kanowski

Key features of the new Administrative Review Tribunal, Justice Kyrou, COAT (SA) seminar

Law Down Under Podcast presented by Chris Patterson - E30 Cross examination with Larry Pozner

Law Report (ABC) for 30 April presented by Damien Carrick - Tikanga: incorporating Māori concepts in NZ common law

New homicide statistics show surge in intimate partner killings – and huge disparity in First Nations victims by Rick Sarre on The Conversation

James eats most of his meals from food collected in bins. But is 'dumpster diving' legal? on SBS

What is a song? by Ben Sisario in the New York Times

The boxing butterfly : a life of conviction / Margaret Cunneen ; introduced and edited by Andrew L. Urban