The Library Bulletin

Awaiting assent

Coal Mine Subsidence Compensation Amendment Bill 2024 - Awaiting Assent, Thu 8 Aug 2024

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Rice Marketing Amendment Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Statute Law (Miscellaneous Provisions) Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Water Management Amendment (Central Coast Council) Bill 2024 - Awaiting Assent, Thu 8 Aug 2024

In progress

Industrial Relations Amendment (Administrator) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Aug 2024

Local Government Amendment (Rural and Remote Councils) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Aug 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Council, To be reported, Fri 9 Aug 2024

Pill Testing Trial Bill 2023 - Negatived, 2R negatived on division in the LC, Wed 7 Aug 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, 2R Debate, in progress, Thu 8 Aug 2024

Regional Development Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Aug 2024

Transport Administration Amendment Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Thu 8 Aug 2024

Universities Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 8 Aug 2024

Notice of motion

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Crimes Amendment (Animal Sexual Abuse) Bill 2024 - in Legislative Council, Notice of Motion, Thu 8 Aug 2024

Government Sector Finance Amendment (Integrity Agencies) Bill 2024 - in Legislative Council, Notice of Motion, Wed 7 Aug 2024

Government Sector Finance Amendment (Integrity Agencies and Parliament) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Greyhound Racing Ban Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

There are CCH iKnowConnect training sessions during August and September.

They include :

Discover the Magic : CCH iKnowConnect

Tue, 20 Aug at 11:00am AEST Tue, 3 Sep at 11:00am AEST Tue, 17 Sep at 11:00am AEST

CCH iKnowConnect Advance Search

Tue, 13 Aug at 2:00pm AEST Wed, 28 Aug at 2:00pm AEST Wed, 11 Sep at 2:00pm AEST Wed, 25 Sep at 2:00pm AEST Wed, 21 Aug at 2:00pm AEST Wed, 4 Sep at 2:00pm AEST Wed, 18 Sep at 2:00pm AEST Wed, 2 Oct at 2:00pm AEST

Can AI chatbots be reined in by a legal duty to tell the truth? by Chris Stokel-Walker in New Scientist

Google broke law to maintain online search monopoly, US judge rules by Nick Robins-Early in The Guardian

High Court to rule on legality of curfew and ankle bracelets for those freed from indefinite immigration detention by Elizabeth Byrne on ABC

A US Court has ruled Google is an illegal monopoly – and the internet might never be the same by Zena Assaad on The Conversation

Cook (a pseudonym) v The King [2024] HCA 26 - criminal law, sexual offences

Kenneth Linton Smith v Central Coast Council [2024] NSWSC 981 - land law, adverse possession, whether the acts of the plaintiff and his predecessors in title establish factual possession and intention to possess

Knox v Peacock [2024] NSWSC 976 - succession, contested probate, testamentary capacity, application of test in Banks v Goodfellow

Mallonland Pty Ltd ACN 051 136 291 & Anor v Advanta Seeds Pty Ltd ACN 010 933 061 [2024] HCA 25 - negligence, duty of care, contaminated grain sorghum seed

Sydney Metro v C & P Automotive Engineers Pty Ltd [2024] NSWCA 186 - land law, compulsory acquisition of land, compensation, meaning of "relocation"

Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 - arbitration, proportionate liability

Hashtag capitalism : an introduction by Akshaya Kamalnath, forthcoming in Alternative Law Journal (2024)

High Court confirms that Australian statutory proportionate liability regimes apply in arbitration by Amanda Lees, Domenico Cucinotta and Rachel Spain of King and Wood Mallesons

How fragile is the legal system? A centenary reflection on the 1923 Victorian police strike, Justice Jackman at the Anglo-Australasian Lawyers Society

Landmark Federal Court penalty for ASIC greenwashing proceeding by Jeremy Jose, Luke Barrett, Ilona Millar and Kelvin Ng of Gilbert and Tobin

Law Report (ABC) for 6 August presented by Damien Carrick - Reforming sexual assault law in Australia

Not reinstatement : Court of Appeal clarifies meaning of "relocation costs" by Patrick Ibbotson, Alessandro Cowley, Angus Wu of Maddocks

Of meeples : a timely reminder on trade mark use by Lauren Eade and Stuart Green of Davies Collison Cave

Pain can be impairment : Yangzom v Allianz Australia Insurance Limited [2024] NSWSC 870 by Qiming Zhou of McCabes

WEIRD? Institutions and consumers' perceptions of artificial intelligence in 31 countries by Bronwyn E. Howell, Victoria University of Wellington - School of Management

Artificial justice / Tatiana Dancy

Freedom of speech in international law / Amal Clooney and David Neuberger

Judging refugees : narrative and oral testimony in refugee status determination / Anthea Vogl

Self-determination as voice : the participation of indigenous peoples in international governance / Natalie Jones

Shipping law (5th ed.) / Martin Davies and Anthony Dickey

2024 Rule of Law : Robin Speed Memorial Address, Why has the Rule of Law arisen in human existence?, Walter Sofronoff KC

Brave new world? Human welfare and paternalistic AI by Cass R. Sunstein, Theoretical Inquiries in Law, Forthcoming

Competition law "not an immovable obstacle" in the move toward a sustainable economy by Mihkel Wilding, Sophia Haq and Charbel Hatem of Clayton Utz

Court finds investor has made his bed and has to sleep in it following oppression claims against Sleeping Duck by Shaun Temby, Rebecca Griffiths, and Catherine Macarounas of Maddocks

Court ruling clarifies WHS prosecution timing by Michael Selinger of Holding Redlich

Division of labour in the courts : balancing values in changing times by Brian Opeskin in Enduring Courts in Changing Times (2024) Australian Academy of Law, 393–408

Law Report (ABC) for 30 July presented by Damien Carrick - Combatting illegal trade in human organs

Technology, innovation, and regulation. Developments in the Australian space sector by Lesley Sutton, Luke Standen and Ethan Huang of Gilbert + Tobin

Two car accidents, nine days apart, but did either cause a psychological injury? by Helen Huang of McCabes

When will a robot be able to do my laundry? by Peter Waters of Gilbert + Tobin

Proclamations commencing Acts

Energy Legislation Amendment (Clean Energy Future) Act 2024 No 41 (2024-336) — published LW 2 August 2024

Dame Quentin Bryce on Australia's pioneering Sex Discrimination Act, 40 years on on Weekend One on One with Rania Yallop

'Real opportunity' : Disability RC Chair reacts to govt response on RN Breakfast

What are 'metacrimes' – and how can we stop them? by Ausma Bernot, Kai Lin, Milind Tiwari and You Zhou on The Conversation

Crackin' Snack Pty Ltd v Gameking Australia Pty Ltd [2024] NSWCA 182 - Misleading or deceptive conduct – Purported termination of contract – "No transaction" case – Termination unavailable where breach of contract was minor and innocent party affirmed the contract

Islamic contract law / Ilias Bantekas, Jonathan G. Ercanbrack, Umar A. Oseni and Ikram Ullah

McGregor on damages / Harvey McGregor. 22nd edition by James Edelman

Public nuisance : the new mass tort frontier / Linda S. Mullenix

Scholars of contract law / James Goudkamp and Donal Nolan (eds.)

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 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 10 : Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15, Commissioner of NSW Police v Murphy [2024] NSWSC 617 / Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (we are counting this as one case, okay?), Baydoun v R [2024] NSWCCA 65, R v Kellson [2024] NSWDC 137

AI for lawyers : quicker and happier – but better? by Peter Waters and Anna Belgiorno-Nettis of Gilbert + Tobin

The evolution of the duty of utmost good faith : a principles-based approach by Michael Vrisakis, Anne Hoffmann, Tamanna Islam and Isabel Chong of Herbert Smith Freehills

Government debt collection after Robodebt by Lucinda O'Brien, Vivien Chen, Ian Ramsay and Paul Ali on SSRN

Law Report (ABC) for 23 July presented by Damien Carrick - Solving Britain's prison crisis ; kids who don't repay the 'bank of mum and dad'

NSW Government plan for a nature positive future by Claire Smith, Caitlin McConnel and Jennifer Williams of Clayton Utz

Privacy, punishment and private law, Andrew Roberts and Megan Richardson in E.Bant, W.Courtney, J. Goudkamp, and J. Patterson (Ed’s), Punishment and Private Law (2021: Bloomsbury)

Stop the clock : the Federal Court finds a clause limiting the time in which a claim may be brought is unfair and void by Peter Sise of Clayton Utz

Supreme Court ruling may put presidents above the law – but even kings never were by Jay Rubenstein on The Conversation

Understanding proportionality in legal costs : insights from Shallhoub v Johnson by Justin Pennay and Samantha Jack of McCabes

'Boneless' chicken wings can have bones, the Ohio Supreme Court says by Lola Murti on NPR

Compulsory voting in Australia is 100 years old. We should celebrate how special it makes our democracy by Paul Strangio on The Conversation

FraudGPT and other malicious AIs are the new frontier of online threats. What can we do? by Bayu Anggorojati, Arif Perdana and Derry Wijaya on The Conversation

From a 100-year front fence ban to rules for circus animals, Canberra has a long history of obscure laws by Emmy Groves on ABC

Nasa's science mission spacecraft are at risk from hackers, but a new law could help protect them by Sharon Lemac-Vincere on The Conversation

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McNickle v Huntsman Chemical Company Australia Pty Ltd (Initial Trial) [2024] FCA 807 - class action concerning the alleged carcinogenic effects of Roundup

Paul Graham Unicomb v Gregory Scott Blais [2024] NSWSC 903 - Harman undertaking

Guest and Liew on the law of assignment (5th ed.) / Ying Khai Liew

Rolph on defamation (2nd ed) / David Rolph

Terrell on the law of patents (20th ed.) / Douglas Campbell, Tom Hinchliffe, Tom Mitcheson and Andrew Waugh (eds.)

The butterfly effect - where is the line with causation? by Moashka Audit of Jackson McDonald

Did you intend to be bound? Contract formation revisited by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Katherine Mallik, Greg Midgley, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Natalie Speranza and Joanne Teagle of Clayton Utz

Does 'practical completion' in a contract mean 'completion' under the Home Building Act? by Andrew Hales, Karen Hanigan and Jenny Lin of MinterEllison

A farewell to arms by the Australian senior judiciary?, Justice Logan, New South Wales Tri-Service Legal Panel Dinner

How Europe's human rights and environmental due diligence directive will impact Australian businesses by Dr Phoebe Wynn-Pope, Heidi Roberts, Kate Gill-Herdman, Louise Lee and Isabella Satz of Corrs Chambers Westgarth

Law Report (ABC) for 16 July presented by Damien Carrick - How does a judge know if an offender is truly sorry?

Public Interest Disclosures Act 2022 (NSW) : the good, the difficult and the confusing by Riley O'Keeffe on Australian Public Law

Re-imagining the laws of nature – storying rules of hyperconnected futures, Dr Michelle Lim at University of Sydney

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The legal requirements on police to consider alternatives to arrest

The fake court harassing families on ABC

MONA and the Ladies Lounge court controversy on ABC TASSIECAST

Taming the machine : should the technological revolution be regulated – and can it be? by Charles Barbour on The Conversation

Culhana v State of New South Wales (NSW Police Force) & Others [2024] NSWPIC 257 - workers compensation, application for compensation in respect of death of worker, deceased worker had an accepted psychological injury, whether Barrett’s oesophagus, adenocarcinoma and subsequent death resulted from the psychological injury

Eedra Zey (formerly using the pseudonym Eva Williams) v State of New South Wales (No 2) [2024] NSWDC 289 - intentional torts, "antecedent provocative conduct"

The Owners – Strata Plan No 64757 v Sydney Remedial Builders Pty Ltd [2024] NSWCA 85 - home building, practical completion

Australian medical liability (5th ed.) / Bill Madden, Janine McIlwraith and Benjamin Madden

Patent law in Australia (4th ed.) / Colin Bodkin

Plain language for lawyers : a practical guide to clear communication (5th ed.) / Michele M. Asprey

Chortle chortle, scribble scribble : inside the Old Bailey with Britain's last court reporters by Sophie Elmhirst in The Guardian

Think you could pick a criminal suspect out of a lineup? If they’ve shaved or changed their clothes, you’d probably fail by Dominic T. Jordan, Adrian J. Scott and Donald Thomson on The Conversation

Artificial intelligence and legal practice: new guidelines for practitioners by Greg Williams, Stephanie Khan, Alex Corsaro and Lilly Langford of Clayton Utz

Ken Wyatt - the Noongar boy who made history on Conversations with Richard Fidler

Knowing assistance and knowing receipt : divergences between England and Australia, The Hon. Justice White for Law Extension Committee

Law Report (ABC) for 9 July presented by Damien Carrick - Children and medical consent

New draft ruling : who is an employee, according to the ATO? by Amber Agustin of Gadens

"Plain as a pikestaff" – setting aside a statutory demand on the basis of a genuine dispute by Alan Wrigley of McCullough Robertson

The position of executors before grant, The Hon. Justice White for the Bar Association

Separation, superannuation and evidencing the end of a de facto relationship by Rachell Davey of Lander and Rogers

We don't need no GCO : Federal Court lays another brick in the CFO wall by Moira Saville, Liam Burgess and Kristian Metzler of King and Wood Mallesons

Astill v R [2024] NSWCCA 118 - crime, tendency evidence, where tendency alleged was constituted by charged and uncharged acts

Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 - cultural heritage, "protected object of a foreign country" purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth), whether the artefact is liable to forfeiture under s 14(1) of the Act

Annotated conveyancing and real property legislation New South Wales 2024-25 edition / Gary Newton