The Library Bulletin

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

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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.

Judges in England and Wales are given cautious approval to use AI in writing legal opinions by Brian Melley on ABC News (US)

'Legal animism' : when a river or even nature itself goes to court by Diego Landivar on The Conversation

Reading fiction may have more benefits than you realise, particularly in the workplace by Sophie Kesteven, Zoe Ferguson and Lisa Leong for This Working Life (on ABC Radio National)

A Supreme Court judge faced criminal charges, but the media was locked out. So how did it happen? by Adam Holmes on ABC

Two simple words may help decide immigration case before the High Court by James Devitt on New York University

Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312 - costs, whether an unincorporated law firm litigant is entitled to recover costs for work done by its employed solicitors during the litigation

Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1683 - development applications for jetties, impact on public access to the beach and foreshore, visual impact, "potential to create an adverse precedent for future development that is similarly unacceptable"

The 12 bizarre laws of Christmas by Lauren Zazzara on HeinOnline Blog

AI cannot be named as patent 'inventor', UK supreme court rules on The Guardian

O Christmas tree, O Christmas tree... what are my rights this season, legally? by Rick Sarre, Ben Livings, Juliette McIntyre, Lisa Cooper, Michelle Fernando and Sarah Moulds on The Conversation

Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633 - consumer law, "Where accommodation prices for Australian properties were displayed to some Australian consumers without clear indication that the price was in USD - conduct affecting approximately 63,000 consumers and approximately 77,000 accommodation bookings"

SafeWork NSW v Qantas Ground Services Pty Ltd [2023] NSWDC 468 - work health and safety, discriminatory conduct

Adjustment disorder or persistent depression? by Helen Huang of McCabes

Beyond 'quiet criticism' : filling the gaps in government accountability post-Robodebt by Ruchira Abeyratna on Australian Public Law

The crackdown on land clearing : Chief Executive of the Office of Environment and Heritage v Turnbull [2023] NSWLEC 137 by Patrick Holland, Kate Swain and Kara Mezinec of McCullough Robertson

Disrupting infrastructure : space, speed and street governance by Amelia Thorpe, UNSW Law Research Paper No. 62

High Court finds no authorisation of copyright infringement in Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd by Max Jones of Allens Linklaters

Landmark SafeWork NSW win against Qantas reiterates the standing of health and safety representatives under the Work Health and Safety Act 2011 by Bruce Heddle, Dale McQualter, Christine Maibom and Kenya Walker of Maddocks

The public interest : new defamation defence finally tested by Ian Bloemendal and Shane Montgomery of Clayton Utz

The WayForward : the admissibility of 'WayBack Machine' evidence by Gus Skavronskas and Justin Pennay of McCabes

Where to next? Building a culture, Justice Francois Kunc, 36th National Conference of the Australian Institute of Interpreters and Translators

You can't serve two masters : High Court says Australian Consumer Law gives way to specialised consumer protection legislation by Justin Jones and Amanda Tesvic of Ashurst

The Bar Library will close at 12 pm on Friday 22 December.

The Bar Library will reopen on Monday 8 January 2024 at 9am and 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.

Proclamations commencing Acts

Crimes Amendment (Prosecution of Certain Offences) Act 2023 (2023-665) — published LW 15 December 2023

Industrial Relations Amendment Act 2023 No 17 (2023-666) — published LW 15 December 2023

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 (2023-667) — published LW 15 December 2023

Bills assented to

24-Hour Economy Commissioner Act 2023 No 54 — assented to 12 December 2023

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 No 53 — assented to 12 December 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Act 2023 No 56 — assented to 12 December 2023

Building Legislation Amendment Act 2023 No 44 — assented to 11 December 2023

Casino Control Amendment Act 2023 No 46 — assented to 11 December 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Act 2023 No 43 — assented to 11 December 2023

Climate Change (Net Zero Future) Act 2023 No 48 — assented to 11 December 2023

Crimes Amendment (Prosecution of Certain Offences) Act 2023 No 47 — assented to 11 December 2023

Electoral Funding Amendment Act 2023 No 55 — assented to 12 December 2023

Emergency Services Legislation Amendment Act 2023 No 42 — assented to 11 December 2023

Energy Legislation Amendment Act 2023 No 49 — assented to 12 December 2023 Greater Cities Commission Repeal Act 2023 No 52 — assented to 12 December 2023 Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Act 2023 No 51 — assented to 12 December 2023 Strata Legislation Amendment Act 2023 No 45 — assented to 11 December 2023 Transport Administration Amendment (TAHE) Act 2023 No 50 — assented to 12 December 2023

Court rules parts of NSW protest laws are 'invalid' after challenge by Knitting Nannas activists by Xanthe Gregory and Heath Parkes-Hupton on ABC

Fake lawyer's short-lived 'career' aped Suits plot by Esther Linder in The Canberra Times

Bromley v The King [2023] HCA 42 - criminal law, appeal against conviction

Kvelde v State of New South Wales [2023] NSWSC 1560 - protest laws

Mitsubishi Motors Australia Ltd & Anor v Begovic [2023] HCA 43 - consumer protection, misleading or deceptive conduct

Taylor v August and Pemberton Pty Ltd [2023] FCA 1313 - human rights, discrimination, sexual harassment