The Library Bulletin

Carver v State of New South Wales [2024] NSWCA 10 - claim by Crown for possession of Crown land — where land previously subject to a permissive occupancy — whether claim statute barred on the basis that the land has been in adverse possession for over 30 years

H v AC [2024] NSWSC 40 - parens patriae, 'Gillick competence'

Harvey v Minister for Primary Industry and Resources [2024] HCA 1 - native title rights

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 - immigration, visas

Proclamations commencing Acts

Water Management Amendment Act 2010 No 133 (2024-20) — published LW 9 February 2024

In progress

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Assembly, Awaiting mover's 2R Speech, Wed 7 Feb 2024

Combat Sports Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 8 Feb 2024

Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 8 Feb 2024

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Independent Commission Against Corruption Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 7 Feb 2024

Local Government Amendment (De-amalgamations) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Feb 2024

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Feb 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Feb 2024

Awaiting assent

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - Awaiting Assent, Wed 7 Feb 2024

Constitution Amendment (Executive Council) Bill 2023 - Awaiting Assent, Wed 7 Feb 2024

Crime and Criminal Procedure Legislation Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Customer Service Legislation Amendment Bill 2023 - Awaiting Assent, Tue 6 Feb 2024

Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

High Risk Offenders Legislation Amendment Bill 2023 - Awaiting Assent, Tue 6 Feb 2024

Institutions Legislation Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Sheriff and Court Security Amendment Bill 2023 - Awaiting Assent, Thu 8 Feb 2024

Notice of motion

Alcohol Consumption in Public Places Legislation Amendment (Liberalisation) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Animal Research Amendment Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Electoral Funding Amendment (Property Developers) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 7 Feb 2024

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Local Government Amendment (De-amalgamations) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 7 Feb 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for "P Plate" Drivers) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Feb 2024

Roads and Crimes Legislation Amendment (Offences Repeal) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

Rural Fires Amendment (Red Fleet) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 6 Feb 2024

The Michigan school shooter's mother Jennifer Crumbley was convicted of manslaughter. Could the landmark ruling set a legal precedent? by Audrey Courty on ABC

AI is no Perry Mason (yet) from Gilbert + Tobin

Law Report (ABC) for 6 February presented by Damien Carrick - Derek Bromley to make new parole bid 40 years after murder conviction

NZYQ : consistency, continuity, and human rights by Harry Sanderson and Meghan Malone on Australian Public Law

Proportionate liability scheme does not apply to liability under NSW statutory duty of care 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

When does an employee's social media comment cross the line? by Michael Selinger and Julia Wyatt of Holding Redlich

Proclamations commencing Acts

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 (2024-15) — published LW 2 February 2024

For anyone who missed the memorandum sent on Monday describing the restrictions placed upon the Bar Library regarding distributing materials from our commercial vendors electronically it is available here.

Australian Securities and Investments Commission v Daly (Penalty Hearing) [2024] FCA 3 - duties of officers of responsible entity of a registered managed investment scheme

Commissioner of Taxation v Rawson Finances Pty Ltd (Costs) [2024] FCA 19 - indemnity costs

Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd [2024] NSWSC 18 - contracts, express terms, illusory consideration

Complaint filed against child protection department, with class actions to follow across Australia by Arianna Levy and Laura Lavelle on ABC

Court orders temporary halt to logging in Tasmanian forest ahead of swift parrot case by Lisa Cox and Jordyn Beazley in The Guardian

Most prisoners never receive visitors, and this puts them at a higher risk of reoffending by Nicole Ryan and Nathan Ryan on The Conversation

The bad blood of deepfakes by Stuart Green and Courtney White of Davies Collison Cave

The bicentenary of the Supreme Court and its significance, The Hon A S Bell, Opening of Law Term Address

Corporations as agents in the national plan to end domestic violence – examining possibilities and limitations by Guzyal Hill in Australian Journal of Corporate Law

Does surgery transform a below-threshold injury into an above-threshold injury? by Peter Hunt of McCabes

Federal Court imposes significant financial penalties on individual directors for breach of duties by Suzie Leask and Madeline Tait of Hall and Wilcox

The ICO's role in realising a free and accountable press post-Leveson, Professor Paul Wragg, Centre for Intellectual Property and Information Law Seminar

Law Report (ABC) presented by Damien Carrick - ICJ issues interim measures in Israel genocide case; UK faces legal challenge over Northern Ireland amnesty law

Liability for mental injury, Lord Briggs, Chichester University Lecture

NZYQ : a new style of unanimous judgment for the High Court of Australia by Stephen McDonald SC on Australian Public Law

The role of courts in shaping legal transformation, Greg McIntyre SC, Fiji Law Society Convention

Administrative Appeals Tribunal (6th ed.) / Lex Holcombe

Blackshield and Williams Australian Constitutional law and theory : commentary and materials (8th ed.) / Rebecca Ananian-Welsh, Sean Brennan, Andrew Lynch, Peta Stephenson, and George Williams

Disclosure (being the sixth edition of Discovery) / Paul Matthews and Hodge M. Malek

Kerly's law of trade marks and trade names (17th ed.) / James Mellor, David Llewelyn, Thomas Moody-Stuart, David Keeling and Iona Berkeley

Professional indemnity insurance law (3rd ed.) / W. I. B. Enright and Robert M. Merkin

Causation questions render claim unsuitable for assessment by Helen Huang of McCabes

Children's rights and participation in youth justice systems : an international perspective from University of Sydney

Grill'd vs KFC : healthy fried chicken trade mark success by Leanne Oitmaa and Jacqueline Simpkin of Griffith Hack

Law Report (ABC) for 23 January presented by Damien Carrick - South Africa's genocide case against Israel at the ICJ

More welcome clarity on SOP Act payment claims : security called on by principal cannot be claimed by Kyle Siebel and Jessica Xu of Holding Redlich

Rescuing the Afghan women judges by Justice Susan Glazebrook, New Zealand Supreme Court

The selection of a defective major premise by William Gummow AC and Aryan Mohseni in (2023) 53 Australian Bar Review 11-20

Today the Bar Library will be closed from 12pm to allow the Librarians to attend a Bar Association function.

On Monday 29 January the Bar Library will return to normal operating hours, 8:30am-5:30pm, Monday to Friday.

Dying thief stole Wizard of Oz ruby slippers as 'one last score' by Max Matza on BBC News

Two fans are suing Madonna for lateness. Could this case change the live music industry? by Brittney McKenna on BBC News

Who invented butter chicken? Indian judge to rule on dispute over global favourite by Arpan Chaturvedi and Aditya Kalra on Reuters

You can pay to have your ashes buried on the moon. Just because you can doesn't mean you should by Carol Oliver on The Conversation

All New South Wales residents are entitled to sign up for a State Library of New South Wales library card, see the registration page here. Please take note of these access conditions.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.

All Australian residents are entitled to sign up for a National Library of Australia library card, see the registration page here and remember to read the Library card terms and conditions.

The card will allow you to access online databases through the eResources portal, from anywhere in Australia.

GOWAY Travel Pty Limited v Critchley & Anor [2024] NSWSC 2 - equity, first limb of Barnes v Addy (1874) LR 9 Ch App 244

Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9 - environmental law, whether on the proper construction of reg 17(6) of the Regulations there is a risk of environmental impact that is "new" and "significant"

GOWAY Travel Pty Limited v Critchley & Anor [2024] NSWSC 2 - equity, first limb of Barnes v Addy (1874) LR 9 Ch App 244

Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9 - environmental law, whether on the proper construction of reg 17(6) of the Regulations there is a risk of environmental impact that is "new" and "significant"

Australian Family Law Act 1975 with regulations and rules (38th ed.) [ebook]

Australian master family law guide (12th ed.) [ebook]

A motorbike crash into a cow changed this man's life – but a centuries-old rule left him without legal recourse by Andrew Messenger in The Guardian

Digger bees are digging a new law in New York by Steve Blackledge on Environment America

A "shift in ambition" on biodiversity by Jack Brumpton, Dr. Gerry Bean, Howard Bassford, Jade Nelson, Claire Robertson, Claire Meiklejohn, Henry Jeffreys and Chloe Scriggins of DLA Piper

Digital cloning of the dead : exploring the optimal default rule by Masaki Iwasaki in Forthcoming, Asian Journal of Law and Economics

From the Flower Thrower to the Monkey, and beyond : Banksy's battle with trademarks continues by Enrico Bonadio, Siri-Helen Egeland and Olivia Jean-Baptiste in European Intellectual Property Review, Forthcoming

Further turbulence in international aviation injury compensation by Timothy Coghlan and Andrew Tulloch of Colin Biggers & Paisley

Gimme gimme gimme - all documents after termination of a contract by Michael Creedon, Laura Berry and Aidan Kleynhans of MinterEllison

Land rights and the operation of public law : Yunupingu v Commonwealth by Kate Galloway and Melissa Castan in (2023) 34 Public Law Review 175

Mental harm and statutory benefits by Peter Hunt of McCabes

Navigating the Consumer Data Right : a business perspective by Dr Natalia Jevglevskaja and Alysia Abeyratne at Sydney Law School

There is no single correct sentence - some thoughts on choice, subjectivity and the ethics of sentencing by the Honourable Justice Peter Quinlan, Chief Justice of Western Australia

The Bar Library will be closed from 12pm on Thursday 25 January to allow the Librarians to attend a Bar Association function that afternoon.

The Library will reopen after the public holiday weekend on Monday 29 January at 8:30am.

The Bar Library will operate on reduced hours (9am-5pm) for most of January.

On Monday 29 January the Bar Library will return to normal operating hours, 8:30am-5:30pm, Monday to Friday.

Annotated national credit code (7th ed.) / Andrea Beatty

Commercial tenancy law (5th ed.) / Clyde Croft, Robert Hay and Luke Virgona

Cross on evidence : fourteenth Australian edition / J. D. Heydon

Expert evidence : law, practice, procedure and advocacy (7th ed.) / Ian Freckelton

Federal proceeds of crime law / Jordan English, Sam Hickey and Simon Bronitt

Fleming's law of torts (11th ed.) / Carolyn Sappideen, Prue Vines, John Eldridge, Paula Giliker, Peter Handford and Barbara McDonald

Youth crime, youth justice and children's courts in NSW / Garner Clancey and Rohan Lulham (eds.)

Zuckerman on Australian civil procedure (2nd ed.) / Adrian Zuckerman, Stefanie Wilkins, Jonathan Adamopoulos, Andrew Higgins, Stephanie Hooper, Alexander Vial, Naomi Oreb and Claire Jago

The causation obligation – PIC WPI assessments : Allianz Australia Insurance Ltd v Salucci [2023] NSWSC 1593 by Raissa Galang of McCabes

Exploring the interface between the common law of tort and statute law, Lord Sales, Annual Richard Davies Lecture for the Personal Injuries Bar Association

How the milestone Declaration was made : Episode 2, Universal Declaration of Human Rights 75 years on from Australian Human Rights Commission

The interface between contract and equity, Lord Sales, Equity Conference 2023

The law and AI : where are we going?, Lord Hodge, Lecture at De Montfort University, Leicester

On the job? The law on status in a gig economy, Lady Rose, The BACFI Denning Lecture 2023

Proportionate liability regime does not apply to claims for breach of the statutory duty of care under the Design and Building Practitioners Act (NSW) 2020 by Elizabeth Brookes and Marco Giallonardo of Lander and Rogers

Rectification of testamentary writings in Scotland, England and Wales, and Australia by Daniel James Carr, Forthcoming in (2023) 17 Journal of Equity 181

'Standard jural relations of ownership' : a novel theoretical framework informed by Wesley Hohfeld and Tony Honoré by Juan Diaz-Granados, Monash University Law Review (Vol 49, No 2) 2023

Trying to understand antisemitism today, Justice Jagot, Sir Zelman Cowen Annual Lecture

Who decides? What should be local and what should be national in judicial review?, Chief Judge Jeffrey S Sutton, United States Court of Appeals, Sixth Circuit

The Bar Library will operate on reduced hours (9am-5pm) for most of January.

On Monday 29 January the Bar Library will return to normal operating hours, 8:30am-5:30pm, Monday to Friday.