The Library Bulletin

First 'same job, same pay' decision sheds light on new provisions by Clare Kerley, Declan McAleese and Danielle Miles of Hall & Wilcox

How the cookie Crumbls by Nils Versemann of Macpherson Kelley

An inclusive interpretation : the Federal Court analyses gender identity discrimination by Ben Motro and Sophia Bianchini of Piper Alderman

Law Report (ABC) for 1 October presented by Damien Carrick - Corporations and free speech

The new Australian statutory tort for serious invasions of privacy - what does it currently look like? by Cameron Abbott, Christien Corns, Rob Pulham, Sam Rappensberg and Elise Vrijens of K&L Gates

NSW Court of Appeal overturns Supreme Court decision on Sydney Light Rail construction nuisance case by Colleen Palmkvist and Candice Day of Lander and Rogers

Truth, the courts and truth decay, Chief Justice Bell, 2024 Acton Lecture

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Knitting Nanas take on Anti-Protest Laws and Win

Bills assented to

Child Protection (Offenders Registration) Amendment Act 2024 No 62 — assented to 30 September 2024

Environmental Trust Amendment Act 2024 No 68 — assented to 30 September 2024

Local Government Amendment (Rural and Remote Councils) Act 2024 No 63 — assented to 30 September 2024

Ports and Maritime Administration Amendment Act 2024 No 67 — assented to 30 September 2024

Regional Development Amendment Act 2024 No 64 — assented to 30 September 2024

Strata Managing Agents Legislation Amendment Act 2024 No 65 — assented to 30 September 2024

Universities Legislation Amendment Act 2024 No 66 — assented to 30 September 2024

Cridge v Studorp Limited [2024] NZCA 483 - negligence, duty of care, new duty, "It considered the duty of care should be formulated as follows: the manufacturer of a cladding product intended for use as a key component in the construction of a weathertight building owes a duty of care to an owner of the building to exercise reasonable care and skill in the design, manufacture and supply of the product so as to prevent loss from damage to the building caused by water ingress."

Advanced introduction to indigenous human rights / Dinah L. Shelton and Federico Guzman Duque

The legal recognition of animal sentience : principles, approaches and applications / Jane Kotzmann and M. B. Rogdriguez Ferrere (eds.)

Pleading precedents (7th ed.) / Edmund Finnane and Raphael Perla

Research handbook on property, law and theory / Chris Bevan (ed.)

Britain is finally abolishing hereditary peers from the House of Lords – a constitutional expert on the historical reforms that built up to this moment by Meg Russell on The Conversation

Can GenAI outperform Australian law students? by Jerome Doraisamy in Lawyers Weekly

How defamation became Australia's new fight club by Annabel Crabb for ABC's Long Read

Why do people breach their bail? Our research shows it's not because they’re committing more crimes by Natalie Gately and Suzanne Rock on The Conversation

The 5 cases podcast presented by Caitlin Akthar of Forbes Chambers, Sophie Anderson of Commercial Bank Chambers and Paul Coady of Public Defenders Chambers - Episode 12 : Heywood v Local Court of New South Wales [2024] NSWCCA 1047, Behi v R [2024] NSWCCA 89, Keen v R [2024] NSWCCA 157, R v Martin [2024] NSWSC 968, Rabieh v R [2024] NSWCCA 154

Commonwealth military justice systems - an Australian perspective, Justice Logan, Commonwealth Magistrates' and Judges' Association Conference

Convergences and divergences in Australian and New Zealand law, Justice Black, Banking and Financial Services Law Association Conference

Countdown to the Administrative Review Tribunal - 3 weeks to go! by Rebekha Pattison, Emma Lawrence, Kendall Mutton and Jena Dobie of King and Wood Mallesons

A farewell to arms by the Australian senior judiciary?, Justice Logan, An after-dinner speech delivered at the New South Wales Tri-Service Legal Panel Dinner Law Society House

Judicial review in Papua New Guinea, Justice Logan, Commonwealth Lawyers’ Association/PNG Law Society/PNG Centre

Knowing assistance and knowing receipt : divergences between England and Australia, Justice White at University of Technology

Law Pod UK - Episode 205 : Of mice and murder in The Temple, David Hart KC talks to Sally Smith KC about her first novel

Law Report (ABC) for 24 September presented by Damien Carrick - What's behind Mexico's plan to elect judges?

The origins, evolution and merits of the civil penalty regimes enforced by the Australian Securities and Investments Commission by Ian Ramsay and Miranda Webster from University of Melbourne

Purpose in statutory interpretation, Lord Sales, Oxford University and University of Notre Dame Seminar on Public Law Theory

Socially disadvantaged accused : how (or should) courts take this into account?, Honourable Justice Macaulay delivered at Deakin University

Some issues in enforcement of directors' duties, Justice Black at Monash University

Succession and the conflict of laws, Chief Justice Bell, Succession Law Conference, Blue Mountains Law Society

When is an arbitrator's job done? The doctrine of 'Functus Officio' ties tribunal's hands in High Court case by Domenico Cucinotta and Yan Zhang of King & Wood Mallesons

In progress

Agriculture Commissioner Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Tue 24 Sep 2024

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 25 Sep 2024

Environmental Planning and Assessment Amendment (Affordable Housing Statutory Condition) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 26 Sep 2024

Environmental Planning and Assessment Amendment (Certification) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Tue 24 Sep 2024

Fines Amendment (Parking Fines) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 26 Sep 2024

Justice Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 25 Sep 2024

Marine Safety Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 25 Sep 2024

Portable Long Service Leave Legislation Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 25 Sep 2024

Public Health (Tobacco) and Other Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 26 Sep 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Assembly, To be reported, Wed 25 Sep 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Thu 26 Sep 2024

Royal Botanic Gardens and Domain Trust Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

State Emergency and Rescue Management Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Water Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 24 Sep 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 26 Sep 2024

Awaiting assent

Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 - Awaiting Assent, Tue 24 Sep 2024

Environmental Trust Amendment Bill 2024 - Awaiting Assent, Wed 25 Sep 2024

Music Festivals Amendment Bill 2024 - Awaiting Assent, Thu 26 Sep 2024

Police Amendment (Police Officer Support Scheme) Bill 2024 - Awaiting Assent, Thu 26 Sep 2024

Universities Legislation Amendment Bill 2024 - Awaiting Assent, Tue 24 Sep 2024

Bills assented to

Government Sector Finance Amendment (Integrity Agencies) Act 2024 No 57 — assented to 23 September 2024

Transport Administration Amendment Act 2024 No 58 — assented to 23 September 2024

Notice of motion

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 (No 2) - in Legislative Council, Notice of Motion, Tue 24 Sep 2024

Thoroughbred Racing Amendment (Power to Remove Chief Executive and Appointed Members) Bill 2024 - in Legislative Council, Notice of Motion, Tue 24 Sep 2024

Notice of motion withdrawn

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, Notice of Motion Withdrawn, Tue 24 Sep 2024

Tesco Stores Ltd (Respondent) v Union of Shop, Distributive and Allied Workers and others (Appellants)[2024] UKSC 28 - employment contracts, retained pay

Climate change, cattle, and the international legal order / Rebecca Williams

Exporting the European Convention on Human Rights / Maria-Louiza Deftou

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.

Consumer and data protection in the digital economy by Kayleen Manwaring, University of New South Wales (UNSW) - UNSW Law & Justice

Executive power – an Australian perspective, Justice Gordon AC, speech delivered on 4 July 2024 at the 2024 Public Law Conference, University of Ottawa. Pre-edited version. Publication of edited version forthcoming

Honey, I shrank the contract : nano-contracts and micro-transactions by Peter Waters of Gilbert and Tobin

Law Report (ABC) for 17 September presented by Damien Carrick - Protecting the integrity of the jury system

Observations on construing a commercial contract as a whole, Justice Colvin, Western Australian Bar Association and Francis Burt Chambers Civil Litigation Skills Course

Open justice : a national approach?, Justice Lee, Piddington Society Conference

Privacy and Other Legislation Amendment Bill marks the beginning of major privacy reform by Lyn Nicholson of Holding Redlich

Davis v Davis [2024] NSWCA 222 - deed entered into for father to transfer family house to daughter while retaining continuing right of occupation – father moved out given dispute with daughter's son – error in taking account of inheritance – Error in undervaluing father's contribution pursuant to the deed – incomplete reasoning

Hildebrandt v Papakonstantinou [2024] NSWSC 1181 - proprietary estoppel, promises

In progress

Agriculture Commissioner Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 17 Sep 2024

Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 17 Sep 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 19 Sep 2024

Environmental Planning and Assessment Amendment (Certification) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Environmental Trust Amendment Bill 2024 - in Legislative Assembly, Awaiting Minister's 2R Speech, Fri 20 Sep 2024

Marine Safety Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Music Festivals Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Police Amendment (Police Officer Support Scheme) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Portable Long Service Leave Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned, Tue 17 Sep 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Universities Legislation Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 18 Sep 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Assembly, 2R Debate, Debate postponed, Thu 19 Sep 2024

Awaiting assent

Child Protection (Offenders Registration) Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Government Sector Finance Amendment (Integrity Agencies) Bill 2024 - Awaiting Assent, Wed 18 Sep 2024

Local Government Amendment (Rural and Remote Councils) Bill 2024 - Awaiting Assent, Thu 19 Sep 2024

Ports and Maritime Administration Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Regional Development Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Strata Managing Agents Legislation Amendment Bill 2024 - Awaiting Assent, Thu 19 Sep 2024

Transport Administration Amendment Bill 2024 - Awaiting Assent, Wed 18 Sep 2024

Notice of motion

Companion Animals Amendment (Cat Containment) Bill 2024 - in Legislative Council, Notice of Motion, Tue 17 Sep 2024

Environmental Planning and Assessment Amendment (Affordable Housing Statutory Condition) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 19 Sep 2024

Plastic Reduction and Circular Economy Amendment (Further Chemicals and Products) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 17 Sep 2024

What is the legal meaning of an emoji? by Craig Ward in The Law Society Gazette

Why Microsoft's Copilot AI falsely accused court reporter of crimes he covered by Simon Thorne in The Conversation

Commercial leases in Australia (10th ed.) / W. D. Duncan and Sharon Christensen

Proclamations commencing Acts

Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 No 43 (2024-471) — published LW 13 September 2024

In a first, Brazilian city grants legal rights to waves on Yale Environment 360

Google is facing another crucial court case in the US – and it could have major consequences for online advertising by Barbora Jedlickova on The Conversation

Mexico becomes first country to approve popular election of judges on ABC

Pacific islands submit court proposal for recognition of ecocide as a crime by Fiona Harvey in The Guardian

Attorney-General for the State of Tasmania v Casimaty & Anor [2024] HCA 31 - statutory consequence of non-compliance with statutory condition of exercise of power

Chief Commissioner of Police v Crupi & Anor [2024] HCA 34 - practice and procedure, public interest immunity

Director of Public Prosecutions v Smith [2024] HCA 32 - criminal practice

Morgan & Ors v McMillan Investment Holdings Pty Ltd & Anor [2024] HCA 33 - companies, winding up, insolvency

Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124 - payroll tax, contractors

Asset recovery and the rule of law, Lord Reed, Caribbean Judicial Civil Recovery Conference, Miami

The concept of the possession of the land by Chris Boge of Clayton Utz

"Five-stars" : Uber's victory in Court puts brakes on payroll tax assessments by Thomas Wu, Greg Protektor, Jerome Tse and Judith Taylor of King and Wood Mallesons

From 'The Castle' to court : a reminder on protected tenancies by Elly Ashley and Caitlyn Trussell of Holding Redlich

Hidden fallacies in the agency theory of the corporation, Jennifer G. Hill, European Corporate Governance Institute - Law Working Paper No. 799/2024

The implied undertaking : implications for government entities by Joanne Jary, Alexandra Hollings and Sam Shaw of Holding Redlich

Insured Punishment : Lamb v Cotogno, Kit Barker, Chapter 6 in J Goudkamp and E Katsampouka (eds) Landmark Cases in the Law of Punitive Damages (Hart, 2023) pp 99-128

Law Report (ABC) for 10 September presented by Damien Carrick - New 'justice visa' for exploited migrant workers

What does "reasonable and necessary in the circumstances" mean? by Helen Huang of McCabes

The Australian merger review law reforms : our deeper dive into the practical implications and frequently asked questions by Felicity Lee, Elizabeth Avery, Haidee Leung, Kate Blocksidge and Neeharika Maddula of Gilbert and Tobin

Australia's privacy reforms are about to arrive! Five significant things to keep an eye out for by Cheng Lim, Bryony Evans, Michael Swinson, Kirsten Bowe and Patrick Gunning of King and Wood Mallesons

Global litigation and upholding justice : pursuit of a principled approach to recognition of foreign judgments in transnational litigation, Justice Gordon, Singapore Academy of Law Journal

Introductory remarks on the occasion of the 11th John Lehane Memorial Lecture, Justice Leeming - "Contractual interpretation : an Anglo/Australian journey" by The Rt Hon Lord Hamblen

The law of contract and the Land of Lost Content by Warren Swain, University of Auckland

Law Report (ABC) for 3 September guest presented by Kristina Kukolja - Investigating war crimes in the Israel-Gaza conflict

Rational decisions can lower compensation: NSW Court of Appeal upholds impact of owner choices in compulsory acquisitions by Tom White and Alex Beale of Lander and Rogers

Remedies in intellectual property law in Australia post-Redbubble, Justice Downes, Intellectual Property Society of Australia and New Zealand annual conference

As Australian courts test legal definitions of gender, what will it mean for sex discrimination laws? by Daisy Dumas in The Guardian

oOh!media Fly Pty Ltd v Transport for NSW [2024] NSWCA 200 - compensation for compulsory acquisition of strip of land

Banking law in Australia (11th ed.) / Anton Didenko

Interpretation (3rd ed.) / Perry Herzfeld and Thomas Prince

The moral limits of the law : obedience, respect and legitimacy / Ruth C. A. Higgins

Principles of performance based legislation / Darryl O'Brien

Shaping contracts for work : the normative influence of terms implied by law / Gabrielle Golding

Shaping the law of obligations : essays in honour of Professor Ewan McKendrick KC / Edwin Peel and Rebecca Probert (eds.)

Proclamations commencing Acts

Explosives Amendment Act 2023 No 23 (2024-432) — published LW 30 August 2024

Industrial Relations Amendment (Administrator) Act 2024 No 56 (2024-430) — published LW 26 August 2024

Paintball Amendment Act 2023 No 31 (2024-433) — published LW 30 August 2024

Ramones legal war : Joey's brother sues Johnny's widow, claims she's exploiting band's legacy by Bill Donahue in Billboard

Sydney vintage shop threatened employee who took weekends off while serving on murder trial jury in The Guardian