The Library Bulletin

SEARCH ALL POSTS

New books

Fri Nov 01 2024

Interesting articles, speeches and podcasts

Thu Oct 10 2024

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

Please return Bar Library Flash Drives

Thu Oct 10 2024

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.

Interesting articles, speeches and podcasts

Fri Oct 04 2024

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

New and updated NSW Bills

Fri Oct 04 2024
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

New judgments

Fri Oct 04 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."

News

Fri Sep 27 2024

Interesting articles, speeches and podcasts

Fri Sep 27 2024

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

New and updated NSW Bills

Fri Sep 27 2024
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

Please return Bar Library Flash Drives

Fri Sep 27 2024

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.

Interesting articles, speeches and podcasts

Fri Sep 20 2024

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

New and updated NSW Bills

Fri Sep 20 2024
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