The Library Bulletin

Australian and New Zealand approaches to Indigenous knowledge and a taxonomy for racially oriented trade marks by Vicki T. Huang, New Zealand Law Review (2024)

Executive complaints against judges by Jerry Leung, Maxen Williams, and Kevin Zou on Australian Public Law

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

KISS forever? A glimpse into the future of music by Stuart Green of Davies Collison Cave

Law Report (ABC) for 9 April presented by Damien Carrick - Do Queensland's criminal defence laws need to be reformed?

Lawyers on U.S. television by Christine A. Corcos in the Elgar Concise Encyclopedia of Law and Literature (Robert Spoo and Simon Stern, Eds., 2024) (forthcoming)

A likely story : probate, revocation and battles over narratives by Simon Crawford, Jinny Guo and Declan Dempster of HWL Ebsworth

NSW doubles penalties for environmental crime in major upheaval of environmental law by Peter Briggs, Andrew Mahler and Maddie Gelagin of Herbert Smith Freehills

Professor Peter Birks and 'this heap of good learning' by Warren Swain, Working Paper Series, University of Auckland - Faculty of Law

Public international law and climate disputes – a rapid evolution by Andrew Cannon, Hannah Ambrose and Louise Barber of Herbert Smith Freehills

Vanguard pinged for greenwashing by Frances Dreyer, Nicholas Briggs, Mei Gong and Olivia Dixon of Johnson Winter Slattery

The weight of expectations : Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 by Chris Honnery on Australian Public Law

Attend : Then and now : people, power and representation

Time : Thursday 18 April, 5:30pm (for a 6pm start)

Place : Jubilee Room, NSW Parliament House, Macquarie St, Sydney

Cost : Tickets are $20 and include one drink and canapé

See details here.

Do a survey on Australia's new Nature Positive laws.

For more information see here.

Take the survey here.

If you squat in a vacant property, does the law give you the house for free? Well, sort of by Cathy Sherry on The Conversation

Older Swiss women just set a global legal precedent for challenging their nation’s climate change policy by Aoife Daly on The Conversation

'Sign here' : high court finds no requirement for minister to read submissions on visa decisions by Paul Karp on The Guardian

Australian Securities and Investments Commission v Vanguard Investments Australia Ltd [2024] FCA 308 - consumer law, greenwashing

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 - immigration, judicial review, materiality

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 - immigration, visas

The law of loyalty / Lionel Smith

Megarry and Wade : the law of real property (10th ed.) / Martin Dixon, Nicholas Hopkins and Janet Bignell

Standing in private law : powers of enforcement in the law of obligations and trusts / Timothy Liau

Yale Law Library in collaboration with the Center for Open Science has launched Law Archive, see here, a free open-access platform for legal scholarship.

Bills assented to

Ageing and Disability Commissioner Amendment Act 2024 No 14 — assented to 03 April 2024

Bail and Crimes Amendment Act 2024 No 18 — assented to 03 April 2024

Children and Young Persons (Care and Protection) Amendment Act 2024 No 15 — assented to 03 April 2024

Combat Sports Amendment Act 2024 No 16 — assented to 03 April 2024

Conversion Practices Ban Act 2024 No 19 — assented to 03 April 2024

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 No 20 — assented to 03 April 2024

Independent Commission Against Corruption Amendment Act 2024 No 17 — assented to 03 April 2024

Charting limitations on trademark rights / Haochen Sun and Barton Beebe (eds.)

Indigenous cultural property and international law : restitution, rights and wrongs / Shea Elizabeth Esterling

Leading works on the legal profession / Daniel Newman (ed.)

Subjects and aliens : histories of nationality, law and belonging in Australia and New Zealand / Kate Bagnall and Peter Prince (eds.)

Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCA 317 - listed threatened species

Do parolees really ‘walk free’? Busting common myths about parole by Monique Moffa, Alyssa Sigamoney, Greg Stratton, Jarryd Bartle and Michele Ruyters on The Conversation

Scotland’s new hate crime law : what does it cover and why is it controversial? by Libby Brooks on The Guardian

Background and history of administrative review to put the future in the context of the past, Justice Hespe, Whitlam Institute

How important is wording when it comes to a reasonable opportunity to respond? by Catherine Dunlop and Taboka Finn of Maddocks

Interaction between unfair terms legislation and the duty of utmost good faith in insurance contracts - the "Section 54 Floatation Device" by Michael Vrisakis, Tamanna Islam, Shan-Verne Liew, David Kim, Madeline Muddle, Hugh Paynter and Anne Hoffmann of Herbert Smith Freehills

Juvenile offending, convictions and visa cancellation : Thornton and Lesianawai by Kate Bones on Australian Public Law

Law Report (ABC) presented by Damien Carrick - Two hundred years of the NSW Supreme Court

Michael Black AC KC on Lives and times of the judges from Federal Court of Australia presented by Fiona Gruber

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!

William Gummow AC KC on Lives and times of the judges from Federal Court of Australia presented by Fiona Gruber

The Bar Library will be closed from 10am – 2pm on Tuesday 9 April to allow the Bar Librarians to attend Cultural Awareness training. We apologise for any inconvenience.

Facts in public law adjudication / Joe Tomlinson and Anne Carter (eds.)

Family law and bankruptcy / Peter Fary

Intellectual and industrial property law (4th ed.) / William van Caenegem

Miller's Australian competition and consumer law annotated 2024 / Russell V. Miller

Modern slavery in Australia / Nerida Chazal and Kyla Raby

Calls for international criminal court to end 'impunity' for environmental crimes by Isabella Kaminski in The Guardian

Historic opening of Yoorrook land injustice hearings on SBS

How secret should our government's secrets be? by Angelica Waite on SBS

Most states now have affirmative sexual consent laws, but not enough people know what they mean by Jonathan Crowe and Gianni Ribeiro on The Conversation

KCPC Pty Ltd v Ivamar Pty Ltd [2024] NSWSC 322 - contracts, Briginshaw principles, falsa demonstratio non nocet, absurdity

Bills assented to

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Act 2024 No 9 — assented to 25 March 2024

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Act 2024 No 11 — assented to 25 March 2024

Environmental Legislation Amendment (Hazardous Chemicals) Act 2024 No 10 — assented to 25 March 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 No 12 — assented to 25 March 2024

Human Tissue Amendment (Ante-mortem Interventions) Act 2024 No 13 — assented to 25 March 2024

2024 Paul Byrne Memorial Lecture : The rule of law in modern Australia, The Honourable Chief Justice Lucy McCallum

The allocation of merits review rights in Australia : anomaly and variation by Joel Townsend and Emily Singh on Australian Public Law

The ART of merits review : structural and operational flexibility, Justice Kyrou, Whitlam Institute seminar

Biggest boost to NSW Environmental Regulation since 1991 by Claire Smith, Brendan Bateman, mark Brady and Nick Thomas of Clayton Utz

A comparative consideration of insider laws of United States and Australia, Donna M Nagy and Juliette Overland, Ross Parsons Centre Law and Business seminar

Law Report (ABC) for 26 March presented by Damien Carrick - Movements in work safety: Victoria's first industrial manslaughter prosecutions and feedback on OH&S laws

Mechanisms in the ART Bill to thwart Robodebt-type maladministration, Justice Kyrou, Australian Academy of Law conference

What does the Lasry resignation tell us about judicial complaints commissions? by Joe McIntyre on Australian Public Law

In progress

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Mar 2024

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 20 Mar 2024

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 20 Mar 2024

Conversion Practices Ban Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 20 Mar 2024

Health Practitioner Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 19 Mar 2024

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2024 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 21 Mar 2024

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 21 Mar 2024

Property NSW Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Mar 2024

Awaiting assent

Ageing and Disability Commissioner Amendment Bill 2023 - Awaiting Assent, Tue 19 Mar 2024

Bail and Crimes Amendment Bill 2024 - Awaiting Assent, Thu 21 Mar 2024

Children and Young Persons (Care and Protection) Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Combat Sports Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 - Awaiting Assent, Thu 21 Mar 2024

Independent Commission Against Corruption Amendment Bill 2024 - Awaiting Assent, Tue 19 Mar 2024

Notice of motion

Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 20 Mar 2024

Health Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, Notice of Motion, Tue 19 Mar 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, Notice of Motion, Tue 19 Mar 2024

The Bar Library is offering personalised research skills sessions to members and their staff.

Whether you are looking to increase your knowledge generally in an area of legal research, would like to know how a particular resource works in more depth or are just a beginner looking to see what is available, the Bar Librarians can assist.

Sessions will work best for 1-3 people at a time. To arrange a time for your session, please contact library@nswbar.asn.au.

Secretary, Department of Communities and Justice v Stewart [2024] NSWCA 59 - meaning of “unpaid leave” – whether a period of absence from work due to incapacity from an injury for which a worker was paid workers compensation constitutes a “period of unpaid leave” – cl 2(3)(a) of Sch 3 to the Workers Compensation Act 1987 (NSW)

In this remote Groote Eylandt community court, Aboriginal elders sit next to the judge by Melissa Mackay on ABC

MONA defends ladies-only lounge against anti-discrimination case brought by male visitor by Fiona Blackwood on ABC

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 6 : R v Narouz [2024] NSWCCA 14, Wells v R [2024] NSWCCA 8, Hickey v Director of Public Prosecutions (NSW) [2024] NSWSC 191, AM v R [2024] NSWCCA 26, Baines v Rex [2023] NSWCCA 302

The Administrative Review Tribunal Bill : a missed opportunity for ending migration exceptionalism and creating a unified approach for administrative review by Daniel Ghezelbash, Mia Bridle and Keyvan Dorostkar on Australian Public Law

Answering the perennial question – when is a ship not a ship? by Geoff Farnsworth and Jonathon Parkin of Holding Redlich

ART appointments : is this the start of something beautiful? by Joe McIntyre on Australian Public Law

Behind code doors – can AI be trusted to keep a secret? by Daniel Kiley, Caitlin Surman and Max Soulsby of HWL Ebsworth

Implications for the dollar of central bank digital currencies by Ross P. Buckley, UNSW Law Research Paper No. 24-6

Landmark decision in ASIC versus Finder Wallet : exploring legal boundaries of crypto-assets by John Bassilios, Max Ding and Wilson Lee of Hall & Wilcox

Law Report (ABC) for 19 March presented by Damien Carrick - Protecting IP rights: a guide for divorcees and inventors

The sordid controversies of litigants? Why and when facts matter, Lady Rose, The Neill Law Lecture 2024

When you wear AI on your sleeve by Peter Waters of Gilbert + Tobin

Government powers under a federal Constitution (3rd ed.) / John Pyke

Private international law in Australia (5th ed.) / Reid Mortensen, Richard Garnett and Mary Keyes

It recently came to our attention that due to a technical error new members have not been receiving this bulletin for quite some time. We have had our IT implement a fix so that should not be a problem in the future. If this is your first time seeing this bulletin that is the reason and we apologise. Equally, the solution implemented means that some members who may have opted out of receiving the bulletin may have been added back to the list, which we could not help. If this applies to you again we apologise. Please send a message to library@nswbar.asn.au and we will remove you from the list going forward.

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Kind regards,

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The Bar Librarians*