The Library Bulletin

High Court to hear more challenges linked to last year's ruling that indefinite immigration detention was not legal by Elizabeth Byrne on ABC

Man's will written on back of food boxes is valid, UK high court rules by Tom Ambrose in The Guardian

Record incarceration rates of Indigenous Australians prompt calls for community-led solutions on First Nations First

In progress

Cannabis Legalisation (Plebiscite) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Nov 2024

Crimes Amendment (Obstructing a Railway) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 12 Nov 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - Negatived, Thu 14 Nov 2024

Energy Amendment (Long Duration Storage and Investment) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Wed 13 Nov 2024

Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 14 Nov 2024

Inspector of Custodial Services Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 13 Nov 2024

Justice Legislation Amendment (Children) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 13 Nov 2024

Justice Legislation Amendment (Civil) Bill 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Tue 12 Nov 2024

Justice Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned until first sitting day in the next sitting period, Wed 13 Nov 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Assembly, To be reported, Wed 13 Nov 2024

Public Health (Tobacco) Amendment Bill (No 2) 2024 - in Legislative Council, 2R, Debate adjourned, Wed 13 Nov 2024

Return of Proceeds of Crime (Gambling Companies) Bill 2024 - in Legislative Assembly, 2R Debate, in progress, Thu 14 Nov 2024

Statute Law (Miscellaneous Provisions) Bill (No 2) 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 12 Nov 2024

Thoroughbred Racing Amendment (Racing NSW Accountability) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Nov 2024

Transport Administration Amendment (NSW Motorways) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 12 Nov 2024

Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 13 Nov 2024

Awaiting assent

Fines Amendment (Parking Fines) Bill 2024 - Awaiting Assent, Wed 13 Nov 2024

Water Legislation Amendment Bill 2024 - Awaiting Assent, Wed 13 Nov 2024

Bills assented to

State Emergency and Rescue Management Amendment Act 2024 No 78 — assented to 11 November 2024

Notice of motion

Automated External Defibrillators (Public Access) Bill 2024 (No 3) - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 (No 2) - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

Health Services Amendment (Industrial Relations) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

Sound NSW Advisory Board Bill 2024 - in Legislative Council, Notice of Motion, Tue 12 Nov 2024

Courts in federal systems : federalism disputes, interpretive modalities and scales of political salience by Nicholas Aroney on SSRN

High Court 'green-lights' loss of value damages for goods capable of repair by John Pavlakis, Tess Grieve and Sarah Philipson of Ashurst

High Court overturns appellate decision in Bird v DP by Alvin Tan and Katie Clark of MinterEllison

Law Report (ABC) for 12 November presented by Damien Carrick - Could re-election end Trump's legal woes? And compensating invasions of privacy

Lawyers and dictators : ten lawyers, and counting.pdf ""), Justice Beech-Jones, John William Perry AO QC Oration, Hellenic Australian Lawyers Association

Pooling orders for companies being wound up: the High Court wades in by Paul James, Jackson Macaulay, Joseph McDonald and Sanjana Surawala of Clayton Utz

Reflections on the concept of "open justice", Chief Justice Mortimer, Seabrook Chambers Public Lecture (edited version)

Enduring courts in changing times : celebrating the 2024 bicentenaries of the Supreme Courts of New South Wales and Tasmania / Alan Robertson (compiler)

Bird v DP (A Pseudonym) [2024] HCA 41 - intentional torts

Johnson v. Settino (SJC 13555) - "This case presents the question whether the issue of "who is at fault" should continue to govern the rights to engagement rings given in contemplation of marriage when the anticipated wedding does not come to pass. More than six decades ago, we recognized that an antenuptial ring generally is understood to be a conditional gift and determined that the donor may recover the ring following a failed engagement, but only if the donor was "without fault.""

RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 - courts, abuse of process

Wenkart v Blacktown City Council [2024] NSWLEC 117 - evidence, expert opinion, use of "we"

Willmot v The State of Queensland [2024] HCA 42 - courts, abuse of process

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

Proclamations commencing Acts

Strata Managing Agents Legislation Amendment Act 2024 No 65 (2024-559) — published LW 8 November 2024

Transport Administration Amendment Act 2024 No 58 (2024-560) — published LW 8 November 2024

Beef between restauranteurs due to ESTABLISHMENT of trade mark infringement by Ben Miller, Elizabeth Ireland, Natasha Faigenbaum of Maddocks

Can AI win elections? by Peter Waters of Gilbert and Tobin

Communication highways and AI : international responses to manipulated realities, Justice Perry, International JAG Conference

The court of law and the court of public opinion, Justice Banks-Smith, Sir Francis Burt Oration 2024

The Global South critique of liberal constitutionalism by Theunis Roux on Australian Public Law

Judicial review of statutes, Justice Perram, Sir Maurice Byers Lecture

Law Report (ABC) for 5 November presented by Damien Carrick - The dilemmas of parole board decision making

Lives and times of the judges' podcast presented by Fiona Gruber - Patrick Keane AC KC

Tackling bullying and harassment in the Australian legal profession by Penny Thew, Australian Labour Law Association National Conference

The what, where and how of comparative Constitutional law, after the 'Southern Turn' by Ben Schonthal on Australian Public Law

Witness preparation and the corruption of memory : a survey of Australian trial judges by Mark Jeffrey Steele, Jason Chin and Celine van Golde on SSRN

AI hallucinations caused artificial intelligence to falsely describe these people as criminals by Anna Kelsey-Sugg and Damien Carrick for Law Report (ABC)

Federal Court records Karajarri elder evidence ahead of native title, compensation claims by Rosanne Maloney on ABC

High Court rules government's restrictions on freed immigration detainees unconstitutional on SBS News In Depth

High Court rules Toyota and Ford owners can proceed with appeal in faulty vehicles compensation case by Elizabeth Byrne on ABC

How does a jury reach a conclusion? A new SBS show painstakingly recreates details to take us behind the scenes by Xanthe Mallett on The Conversation

Capic v Ford Motor Company of Australia Pty Ltd ACN 004 116 223 (S25/2024) [2024] HCA 39 - damages, assessment, consumer law

Williams & Anor v Toyota Motor Corporation Australia Limited (ACN 009 686 097) (S157/2023); Toyota Motor Corporation Australia Limited (ACN 009 686 097) v. Williams & Anor (S155/2023) [2024] HCA 38 - damages, assessment, consumer law

YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor (S27/2024) [2024] HCA 40 - constitutional law

Construction arbitration and alternative dispute resolution : theory and practice around the world / Renato Nazzini (ed.)

Jervis on the office and duties of coroners with forms and precedents (15th ed.) / Paul Matthews

The law of artificial intelligence (2nd ed.) / Matt Hervey and Matthew Lavy (eds.)

Privilege (5th ed.) / Colin Passmore

Sackville and Neave Australian property law (12th ed.) / Andrew Godwin, Leon Terrill, Pamela O'Connor, John Page and William Rimmer

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

The Bar Library will close early at 4:30pm on Friday 15 November. We apologise for any inconvenience.

Proclamations commencing Acts

Strata Legislation Amendment Act 2023 No 45 (2024-542) — published LW 1 November 2024

Bills assented to

Environmental Planning and Assessment Amendment (Certification) Act 2024 No 72 — assented to 23 October 2024

Equality Legislation Amendment (LGBTIQA+) Act 2024 No 71 — assented to 23 October 2024

Regional Communities (Consultation Standards) Act 2024 No 70 — assented to 23 October 2024

Water Management Amendment (Water Access Licence Register Reform) Act 2024 No 69 — assented to 23 October 2024

In progress

Alcohol Consumption in Public Places (Liberalisation) Bill 2024 - in Legislative Council, 2R negatived on division in the LC, Wed 23 Oct 2024

Automated External Defibrillators (Public Access) Bill 2024 (No 2) - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 24 Oct 2024

Creative Statement to Parliament Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 15 Oct 2024

Energy Amendment (Long Duration Storage and Investment) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 24 Oct 2024

Fines Amendment (Parking Fines) Bill 2024 - in Legislative Assembly, To be reported, Thu 24 Oct 2024

Justice Legislation Amendment (Children) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Justice Legislation Amendment (Civil) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 23 Oct 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 16 Oct 2024

Prevention of Cruelty to Animals Amendment (Puppy Farming) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Public Health (Tobacco) Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 16 Oct 2024

Public Health (Tobacco) Amendment Bill (No 2) 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Oct 2024

Return of Proceeds of Crime (Gambling Companies) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Oct 2024

Revenue Legislation Further Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Oct 2024

Roads and Crimes Legislation Amendment (Offences Repeal) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 17 Oct 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 15 Oct 2024

Royal Botanic Gardens and Domain Trust Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Tue 22 Oct 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Tue 15 Oct 2024

Statute Law (Miscellaneous Provisions) Bill (No. 2) 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Witness Protection Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Oct 2024

Awaiting assent

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Agriculture Commissioner Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

Health Insurance Levies Amendment Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Residential Tenancies Amendment Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

State Emergency and Rescue Management Amendment Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

Negatived

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - Negatived, Thu 17 Oct 2024

Lapsed

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - Lapsed in Accordance with Standing Orders, Thu 24 Oct 2024

Notice of motion

Cannabis Legalisation (Plebiscite) Bill 2024 - in Legislative Council, Notice of Motion - Text of Bill not available, Thu 24 Oct 2024

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2024 - in Legislative Council, Notice of Motion, Tue 15 Oct 2024

Ports and Maritime Administration Amendment (White Bay Cruise Terminal—Shore Power) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 15 Oct 2024

Road Transport Amendment (Pay Parking Schemes) Bill 2024 - in Legislative Council, Notice of Motion, Thu 24 Oct 2024

Thoroughbred Racing Amendment (Racing NSW Accountability) Bill 2024 - in Legislative Council, Notice of Motion - Text of Bill not available, Thu 17 Oct 2024

Landmark court case sees activist group sue gas giant Santos for allegedly misleading investors by Rachel Clayton on ABC

Stalking rates in Australia are still shockingly high – one simple strategy might help by Troy McEwan on The Conversation

Victorian woman wins $30,000 in case that recognised right to privacy in Australian law by Nino Bucci in The Guardian

T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347 - negligence, bullying

Tindall and another v Chief Constable of Thames Valley Police [2024] UKSC 33 - "did the Court of Appeal err in finding that the police did not owe road users a duty of care to protect them from harm, either on the basis that their presence at the scene made the situation worse or that they assumed a responsibility to protect road users"

The arbitration jurisdiction of the Federal Court of Australia, Justice Stewart, Society of Construction Law Talk

Australian modern slavery laws : good intentions, inadequate impact? by Cilla Robinson, Alex Armstrong-Millar and Genevieve Welch-Hammial of King and Wood Mallesons

Commonwealth v Yunupingu : a constitutional case testing Commonwealth liability for Aboriginal dispossession by Sean Brennan on Australian Public Law

The free sea, Lord Leggatt, Address at the Opening Ceremony for the Advanced LLM Programme, University of Leiden

Law Report (ABC) for 29 October presented by Damien Carrick - Unfair dismissal : from medical marijuana to outsourced workers

Native title, s 51(xxxi) and conceptual carve-outs : why 'inherent defeasibility' is inherently unworkable by Lael K Weis on Australian Public Law

Proposed reforms to the Australian Consumer Law set to address unfair trading practices by Joanne Jary and Sarah Butler of Holding Redlich

Time's up or ticking? Limitation of action under the Home Building Act by Andrew Hales and Emily Miers of Minter Ellison

What Has Taxonomy Ever Done for Us? UNCITRAL's 2023 "Taxonomy of Legal Issues Related to the Digital Economy", Justice Jackman, 2024 United Nations Day Lectur

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Stephen interviews Ghassan Kassisieh (law, politics & a few things in between)

Annotated Bankruptcy Act 1966 (10th ed.) / Michael Murray

Australian civil procedure (13th ed.) / Bernard C. Cairns

Australian master superannuation guide 2024/25 [ebook] / James Leow and Shirley Murphy

Commercial contract clauses : principles and interpretation (4th ed.) / Joshua Thomson, Leigh Warnick and Kenneth Martin

The essential guide to sentencing in NSW / Diana Yehia

Fair work legislation 2024-2025 / Mark Rinaldi, Rohan Millar, Victoria Lambropoulos and Aaron Neal (eds.)

Foskett on compromise (10th ed.) / David Foskett

Horsley and Lang's meetings : procedure, law and practice (8th ed.) / A. D. Lang

National security law in Australia / Danielle Ireland-Piper (ed.)

Unjust enrichment (3rd ed.) / Kit Barker and Ross Grantham

Institutional liability for historical child abuse in Australia / James Masur

Australia releases proposed mandatory guardrails for AI regulation by Philip Catania, Kit Lee and Amy Yu of Corrs Chambers Westgarth

Does merely "broad" reasoning amount to "inadequate" reasoning? by Raissa Galang of McCabes

Don't quote me... New South Wales Court of Appeal weighs in on use of direct speech in affidavit evidence by Ian Bloemendal and Nick Josey of Clayton Utz

Federal Court has bone to pick with Medtronic, awards largest ever penalty under Therapeutic Goods Act 1989 (Cth) by Kelly Griffiths of Gadens

Largest greenwashing penalty so far of $12.9m imposed on Vanguard by Jeremy Jose, Illona Millar, Luke Barrett, Sarah Martin and Josephine le of Gilbert + Tobin

Law Report (ABC) for 8 October presented by Damien Carrick - When can tenants challenge evictions?

New rights for independent contractor in unfair arrangements by Michael Selinger and Julia Wyatt of Holding Redlich

Not a nuisance : NSW Court of Appeal overturns decision that Sydney Light Rail caused nuisance by Peter Briggs, Andrew Griffiths, Brigitte Rheinberger and Katherine London of Herbert Smith Freehills

The Supreme Court finds injury to skin is a non-threshold injury by Peter Hunt of McCabes

Proclamations commencing Acts

Government Sector Finance Amendment (Integrity Agencies) Act 2024 No 57 (2024-518) — published LW 9 October 2024

High Court ruling might mean corporate executives face 'lower bar' for prosecutions, and more of them by Daniel Ziffer on ABC News

HBSY Pty Ltd ACN 151 894 049 v Geoffrey Lewis & Anor [2024] HCA 35 - Federal Court of Australia, jurisdiction

R v Youseff (No 2) [2024] NSWSC 1260 - evidence, iPhone health app data, admissibility of hearsay evidence

Wild v Meduri [2024] NSWCA 230 - succession, contested probate, testamentary capacity, lack of knowledge and approval

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

Jimmy Carter at 100 : how his life outside the White House proves he's long been ahead of his time by Timothy Minchin and Christopher Simmonds on The Conversation

Where are the Chagos Islands, why is Britain giving up sovereignty and what happens to the Diego Garcia military base? by Jesmine Cheong on ABC News