The Library Bulletin

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.

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