The Library Bulletin

Meta claims torrenting pirated books isn't illegal without proof of seeding by Ashley Belanger on arsTECHNICA

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The best of both worlds? How Australia's unique democracy evolved by James Walter on The Conversation

Certainty and flexibility in the law, Lord Sales at Aston University

Faces of the rule of law by Jeremy Waldron on SSRN

Full Court decides the future of Voluntary Disclosure Agreements : they do not always "waive" goodbye to privilege by Peta Stevenson, Tamara Hunter, Amanda Engels, Chloe Moore and Rob Hirst of King and Wood Mallesons

Is there a "unjust enrichment disaster" in Australia? by Sagi Peari and Luke Bennett on SSRN

Judging readability : a study of opinions by apex-court judges from Australia, Canada, South Africa, the United Kingdom, and the United States by Mike Madden on SSRN

Judgment writing : get smartJudicialCollegeVictoria.pdf ""), Justice Beech-Jones, Judicial College of Victoria program : The Art of Judgment Writing

Law Report (ABC) for 18 February presented by Damien Carrick - High Court rules judges can't be sued for damages; Legal rights and wrongs of lookalike products

The liability of statutory authorities for tortsPrivateLawandtheState101.pdf ""), Justice Edelman AC in Andrew Robertson and Jason W Neyers (eds), Private Law and the State (Hart, 2024) 101

Present and future challenges to the rule of law and for the legal profession, Chief Justice Bell, Opening of Law Term Dinner Address 2025

Should you be allowed to sue a judge? The High Court says no by Stephen Parker on The Conversation

The terms they are a changin' - the Federal Court approves a groundbreaking life insurance transfer by Philip Hopley of Hall and Wilcox

Birkenstocks are not works of art, top German court rules in copyright case in The Guardian

What is claim farming – and is there anything wrong with it? by Kate Lyons on The Guardian

Integrity Life Australia Limited, in the matter of Integrity Life Australia Limited [2025] FCA 92 - insurance transfer

La Selva v La Selva [2025] NSWSC 78 - equity, unconscionable conduct

Legal professional privilege in Australia (4th ed.) / Ronald J. Desiatnik

In progress

Abortion Law Reform Amendment (Health Care Access) Bill 2025 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 19 Feb 2025

Automatic Mutual Recognition Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate interrupted, Tue 18 Feb 2025

Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 19 Feb 2025

Crimes Amendment (Inciting Racial Hatred) Bill 2025 - in Legislative Assembly, 2R Debate, in progress, Wed 19 Feb 2025

Crimes Amendment (Places of Worship) Bill 2025 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 19 Feb 2025

Environmental Planning and Assessment Amendment Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 19 Feb 2025

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2025 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 20 Feb 2025

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - Negatived, in progress, Thu 20 Feb 2025

Statute Law Amendment (Administrative Appeals Tribunal) Bill 2025 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 20 Feb 2025

Transport Administration Amendment (Sydney Metro Governance) Bill 2025 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 20 Feb 2025

Work Health and Safety Amendment (Standalone Regulator) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 18 Feb 2025

Awaiting assent

Creative Statement to Parliament Bill 2025 - Awaiting Assent, Wed 19 Feb 2025

Crimes (Administration of Sentences) Amendment Bill 2024 - Awaiting Assent, Tue 18 Feb 2025

Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025 - Awaiting Assent, Thu 20 Feb 2025

Housing Amendment Bill 2025 - Awaiting Assent, Wed 19 Feb 2025

Industrial Relations Amendment Bill 2025 - Awaiting Assent, Thu 20 Feb 2025

Inspector of Custodial Services Amendment Bill 2024 - Awaiting Assent, Wed 19 Feb 2025

Justice Legislation Amendment (Miscellaneous) Bill 2024 - Awaiting Assent, Tue 18 Feb 2025

Mental Health Legislation Amendment Bill 2024 - Awaiting Assent, Wed 19 Feb 2025

Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 - Awaiting Assent, Thu 20 Feb 2025

Sound NSW Advisory Board Bill 2025 - Awaiting Assent, Wed 19 Feb 2025

Strata Schemes Legislation Amendment Bill 2024 - Awaiting Assent, Tue 18 Feb 2025

Notice of motion

Return of Proceeds of Crime (Gambling Businesses) Bill 2025 - in Legislative Assembly, Notice of Motion, Thu 20 Feb 2025

Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2025 - in Legislative Assembly, Notice of Motion, Thu 20 Feb 2025

International protection for people displaced across borders in the context of climate change and disasters : a practical toolkit, February 2025 by Professor Kate Jastram, Felipe Navar, Professor Jane McAdam AO, Dr Tamara Wood and Professor Geoff Gilbert has been released by UNSW Kaldor Centre for International Refugee Law, in collaboration Centre for Fender and Refugee Studies, University of Essex and the United Nations High Commissioner for Refugees (UNHCR).

It is a first-of-its-kind global resource which can help lawyers, judges and other decision-makers navigate international protection claims where climate change or disasters play a part.

The toolkit is available here.  

All judges have 'absolute immunity' from civil lawsuits, the High Court rules on SBS

Are you responsible for crimes you commit in your sleep? Parasomnia as a legal defence by Amy Hall on SBS

Fake cases, judges' headaches and new limits : Australian courts grapple with lawyers using AI by Josh Taylor on The Guardian

Inquiry calls for nationally consistent rules and better resources for family violence orders by Claudia Long on ABC

Climate impacts are forcing people from their homes. When, how and why do they have valid refugee claims? by Jane McAdam on The Conversation

The consequences of the destruction or suppression of evidence by Andrew Moore of Clayton Utz

Environmental personhood : what is it and why should nature be given legal status? by Elizabeth Mills on World Economic Forum

High Court provides clarity on construction liability by Craig Ensor, Andrew Edington and Hannah Tsavalas of Corrs Chambers Westgarth

Law Report (ABC) for 11 February presented by Damien Carrick - Australia's new hate crime laws; Criminal defences of sexomnia and parasomnia

Mandatory minimum sentencing is proven to be bad policy. It won't stop hate crimes by Lorana Bartels and Rick Sarre on The Conversation

State and Federal courts on constitutional law in 2024, Justice Stewart, G+T Constitutional Law Conference 2025

The ties that bind : perspectives on judicial loyalties by Raul Sanchez Urribarri in Informality and Courts (Dressel, Sanchez Urribarri and Stroh, Eds., 2024)

Proclamations commencing Acts

Transport Administration Amendment Act 2024 No 58 (2025-36) — published LW 14 February 2025

In progress

Automatic Mutual Recognition Legislation Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 12 Feb 2025

Creative Statement to Parliament Bill 2025 - in Legislative Assembly, Awaiting Minister's 2R Speech, Wed 12 Feb 2025

Crimes (Administration of Sentences) Amendment Bill 2024 - in Legislative Assembly, To be reported, Thu 13 Feb 2025

Crimes Amendment (Display of Nazi and Terrorist Symbols) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 13 Feb 2025

Crimes Amendment (Places of Worship) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 11 Feb 2025

Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 11 Feb 2025

Energy Amendment (Pipelines and Gas Safety) Bill 2024 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 13 Feb 2025

Greyhound Racing Ban Bill 2025 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 12 Feb 2025

Housing Amendment Bill 2025 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 11 Feb 2025

Industrial Relations Amendment Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Feb 2025

Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 12 Feb 2025

Sound NSW Advisory Board Bill 2025 - in Legislative Assembly, Awaiting Minister's 2R Speech, Wed 12 Feb 2025

Strata Schemes Legislation Amendment Bill 2024 - in Legislative Assembly, To be reported, Thu 13 Feb 2025

Summary Offences Amendment (Public Assemblies) Bill 2025 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 13 Feb 2025

Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 13 Feb 2025

Awaiting assent

Justice Legislation Amendment (Civil) Bill 2024 - awaiting assent, Thu 13 Feb 2025

Marine Safety Amendment Bill 2024 - awaiting assent, Thu 13 Feb 2025

Notice of motion

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2025 - in Legislative Assembly, Notice of Motion, Thu 13 Feb 2025

Health Services Amendment (Splitting of the Murrumbidgee Local Health District) Bill 2025 - in Legislative Assembly, Notice of Motion, Thu 13 Feb 2025

Regional Youth Crime Reform Bill 2025 - in Legislative Assembly, Notice of Motion, Thu 13 Feb 2025

Summary Offences Amendment (Public Assemblies) Bill 2025 - in Legislative Assembly, Notice of Motion, Tue 11 Feb 2025

Queensland v Mr Stradford (a pseudonym) [2025] HCA 3 - constitutional law

Civil procedure and dispute resolution in New South Wales (5th ed.) / Miiko Kumar, Michael Legg, James Metzger and Linda Steele

The interpretation of contracts in Australia (2nd ed.) / Kim Lewison and David Hughes

The Bar Library will be closed until midday on both Wednesday and Thursday 19 and 20 February to allow the librarians to attend training on new library management and research systems. The Bar Library will be open 12-5:30pm on both days. We apologise for any inconvenience.

Can preparing a house for sale be an "attendant care service"? by Peter Hunt of McCabes

Charities which charge for their services: an examination of In Re Resch Will's Trust [1969] 1 AC 514, Lord Sales, Landmark Cases in Charity Law Conference

'A dark masterpiece' : Foucault's discipline and punish at 50 by Matthew Sharpe on The Conversation

DPP v Smith : a fresh appetite to consider section 32(1) of the charter? by Kent Blore on Australian Public Law

Explaining forensic science in court with comics by International School of Advanced Studies on Phys.org

Injured worker succeeds in breach of contract claim over how he was dismissed by Elise Jasper, Maddy Lodge and Sam Eichenbaum of Rigby Cooke Lawyers

Law Report (ABC) for 4 February presented by Damien Carrick - Should parents be prosecuted for withholding medical care from a child?

One court, two divisions : family law complexities remain following court merger by Liz Kofoed and Melinda Gamon of Lander and Rogers

Public works and private duties – the roles of the judiciary and the legislature in Attorney-General (Tas) v Casimaty [2024] HCA 31 by Patrick Hossack on Australian Public Law

Several issues in directors’ duties – Stepping stones and continuous disclosure; the best interests duty and corporate purpose; and the limits of derivative actions, Justice Ashley Black, Society of Corporate Law Academics Conference

NSW Chief Justice Andrew Bell criticises Donald Trump, tech billionaires Elon Musk and Mark Zuckerberg in speech by Isabella Ross on ABC

NSW chief justice warns of artificial intelligence and its use in state's legal system on eve of restrictions by Alexander Lewis on ABC

Birketu Pty Ltd ACN 003 831 392 & Anor v John Ljubomir Atanaskovic & Ors [2025] HCA 2 - practice and procedure, costs

DD55 Pty Ltd v Waverley Council [2025] NSWLEC 1041 - development application, whether impacts on Coastal Environment Area have been minimised, whether impacts on Coastal Use Area have been minimised

Lau v QBE Insurance (Australia) Limited [2024] NSWPIC 724 - motor accident, claim for statutory benefits; claimant requested painting and handyman services; insurer rejected request; claimant lodged application for medical assessment on basis painting and handyman services were treatment; proceedings referred to member for determination under Motor Accident Injuries Act 2017 (NSW) schedule 2(3)(n) whether the services were "treatment and care" within the definition

McTye v Ching Yu Chang by his tutor Leo Alexander Birch [2025] NSWCA 3 - torts, assessment of damages, injury caused by State Transit Authority bus colliding with bicycle, whether damages to be assessed under Ch 5 of the Motor Accidents Compensation Act 1999 (NSW) or under the Motor Accident Injuries Act 2017 (NSW)

Naaman v Jaken Properties Australia Pty Limited [2025] HCA 1 - equity, fiduciary obligation

Annotated Fair Work Act and related legislation 2024 / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young and Ben Dudley

Australian migration legislation collection January 2025 / selected and introduced by Rodger Fernandez and Sherene Ozyurek

Australian personal property securities law (4th ed.) / Anthony Duggan

Carter's criminal law of Queensland (26th ed.) / Soraya Ryan, Peter Callaghan, Anthony Rafter, Brian Devereaux, Tony Moynihan, John Costanzo, Danae Younger and Andrew Hoare

Delay and disruption in construction contracts (6th ed.) / Andrew Burr (ed.)

Pearce & Stevens' trusts and equitable obligations (8th ed.) / Warren Barr and John Picton

Testamentary trusts : strategies and precedents (4th ed.) / Vik Sundar