The Library Bulletin

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

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 7 : Jenkinson v R [2024] NSWCCA 34, R v IP [2023] NSWCCA 314, Lupton v R [2024] NSWCCA 29, Khanat v R (Cth) [2024] NSWCCA 41, Bazzi v R [2024] NSWCCA 35

Anthropology and labour law by Petra Mahy in Research methods in labour law : a Handbook, edited by Alysia Blackham and Sean Cooney, Edward Elgar, forthcoming

Behind closed doors : an analysis of women's spaces by Katherine Barclay and Jayden Hennicke of HWL Ebsworth

Can no endeavours be best endeavours? by Peter Hunt of McCabes

Clean shave, or else... how your facial hair can get you fired by Angela Backhouse of Chamberlains

Clearing the air : the High Court clarifies the law on materiality and jurisdictional error by Pip Mitchell, Jeff Simpson and Jared Mintz of Clayton Utz

In conversation with Stephen Gageler, Chief Justice of the High Court of Australia, Stephen Gageler and David Collins in Judicature International

John Doyle oration, Chief Justice Gageler AC

Law Report (ABC) for 23 April presented by Damien Carrick - Jury selection in Trump's 'hush money' trial; monitoring dangerous offenders after release from prison

Landmark decision confirms proper characterisation of public purpose of compulsory acquisitions in Western Sydney Aerotropolis by Brendan Bateman, Mark Brady, Wagih Doueihi and Samuel Mursa of Clayton Utz

The legal case for mercyBarryOKeefeLecture.pdf ""), Justice Gleeson, 2024 Barry O'Keefe Memorial Lecture, ACU

NSWCA confirms counterfactuals are a matter of 'proving' the 'probability' of causation by Bridget Wall and Daniel Simpson of Hall & Wilcox

Ruby Princess High Court decision confirms that UCT laws extend beyond Australia's borders by Travis Johnson and Olivia Hughes of Rigby Cooke Lawyers

Seven random points about judgingNJCA.pdf ""), Justice Beech-Jones, National Judicial College of Australia Orientation Program

What if? : LPDT v MICMSMA [2024] HCA 12 by Douglas McDonald-Norman on Australian Public Law

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Foreign Bribery: Analysing The Changes To The Criminal Code

Goldmate Property Luddenham No. 1 Pty Ltd v Transport for NSW [2024] NSWLEC 39 - compulsory acquisition

Whimp v Scaglia [2024] NSWSC 432 - succession, construction, meaning of phrase 'survive me'

Proclamations commencing Acts

Industrial Relations Amendment Act 2023 No 41 (2024-131) — published LW 26 April 2024

Two people want to share the job of MP for Higgins. Is it constitutional? by Anne Twomey on The Conversation

The UK plans to phase out smoking. What does this new law mean for tobacco control in Australia? by Becky Freeman on The Conversation

Constant guardian changing times : the Supreme Court of New South Wales 1824-2024 / Keith Mason and Larissa Reid (eds.)

Clause requiring insured to notify 'if anything changes' not an unfair contract term by Adam Walker and Maggie Liang of Gadens

Gomeroi v Santos : new guidance on good faith negotiation, and the relevance of climate change by Susanne Rakoczy and Larissa Svetlov of Maddocks

Landmark European Court of Human Rights ruling that climate inaction violates human rights : what happens now by Claire Smith, Emily Tranter, Caitlin McConnel, Darcy Bradley and Jennifer Williams of Clayton Utz

Let's talk about confidentiality : panel event on NDA use in sexual harassment settlements with by Maddison Connoughton, Mia Pantechis, Sharmilla Bargon, Dr Rae Cooper, Amanda Lyras and Regina Featherston at University of Sydney

Law Report (ABC) for 16 April presented by Damien Carrick - Judge rules, on balance of probabilities, Lehrmann raped Higgins

Read before you tick or click : Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd by Belinda Breakspear, Alex Hutchens, Matthew McMillan, Jacob Bartels and Sean Bowes-McKee of McCullough Robertson

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 - criminal practice, tendency

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 - criminal practice, conspiracy

Miller v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2024] HCA 13 - statutory construction

The High Court is hearing another high-stakes immigration case. Can people be forced to assist in their own deportation? by Sara Dehm and Anthea Vogl on The Conversation

What if whales took us to court? A move to grant them legal personhood would include the right to sue by Rachael Evans on The Conversation

Hate speech frontiers : exploring the limits of the ordinary and legal concepts / Alexander Brown and Adriana Sinclair

Implied terms in English contract law (3rd ed.) / Richard Austen-Baker

Judicial avoidance : balancing competences in constitutional adjudication / Carolina Alves das Chagas

Separation of powers and antitrust / Vincent Martenet

Veterans' entitlements and military compensation law (4th ed.) / Robin Creyke and Peter Sutherland

The Bar Library will be closed 12:30-2pm on Wednesday 24 April to allow the librarians to attend an offsite Bar Association event. We apologise for any inconvenience.