The Library Bulletin

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 - statutes, procedural fairness

Hurt v The King [2024] HCA 8 - criminal law, sentencing

The King v Anna Rowan – A Pseudonym [2024] HCA 9 - criminal law, defences

Redland City Council v Kozik [2024] HCA 7 - statutes, construction, statutory debt

State of New South Wales v Madden [2024] NSWCA 40 - procedural fairness, false imprisonment, malicious prosecution

The Administrative Review Tribunal : a promising start by Ellen Rock on Australian Public Law

AI is creating fake legal cases and making its way into real courtrooms, with disastrous results by Michael Legg and Vicki McNamara on The Conversation

Content creator or contract creator - can social media posts constitute legally binding offers? by Timothy Seton, Isabella Johnston and Amelia Sakaris of Colin Biggers & Paisley

Establishing psychiatric impairment by Peter Hunt of McCabes

Judicial review of NCAT decisions by Nicola Johnson and Ada Wong of Hall and Wilcox

Law Report (ABC) for 12 March presented by Damien Carrick - "Trapped in silence" : the campaign to end misuse of non-disclosure agreements

Putting your best foot forward : key lessons from the Federal Court's interpretation of 'reasonable steps' by Diana Nicholson, Kate Jackson-Maynes, Sarah Yu and Shannon Hatheier of King & Wood Mallesons

Reconciling sovereignties over sea country in the Northern Territory / Lauren Butterly

Sir Gerard Brennan : the law's good servant / Jeff FitzGerald

Australia's high court to hear two appeals over legality of re-detaining more than 100 non-citizens by Paul Karp in The Guardian

The Māori climate activist breaking legal barriers to bring corporate giants to court by Eva Corlett in The Guardian

Women in Cabinet by Kate Laing on FlagPost

Proclamations commencing Acts

Marine Pollution Amendment (Review) Act 2021 No 8 (2024-55) — published LW 8 March 2024

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 - immigration, visas

Xerri v The King [2024] HCA 5 - criminal law, sentence calculation

Is clothing destroyed during the course of treatment compensable? by Helen Huang of McCabes

Did you get permission to cheat? Copyright infringement matter taken all the way to the High Court by Chris Headon of Chamberlains

Enthusiasm does not guarantee a binding contract, but interest might! by David Pearce, Gemma Osborne and Jarryd Cox of Minter Ellison

False and misleading statements – potential to attract criminal and civil penalties by Scott Couper of Gadens

Law Report (ABC) for 5 March presented by Damien Carrick - Non-disclosure agreements in sexual harassment cases

NSW EPA now targeting more directors, managers and employees for environmental crimes by Michael Causer, Michelle Astridge, Kate Dean and Luke Salem of King and Wood Mallesons

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

Snark hunting : a search for tracing's underlying rationale, Justice Roger Derrington, 23rd Annual WA Lee Equity Lecture

Australian trade mark law (3rd ed.) / Robert Burrell and Michael Handler

Carter's breach of contract (3rd ed.) / J. W. Carter

Contractual duties : performance, breach, termination and remedies (4th ed.) / Neil Andrews, Malcolm Clarke, Andrew Tettenborn and Graham Virgo

Proclamations commencing Acts

Water Industry Competition Amendment Act 2021 No 26 (2024-43) — published LW 1 March 2024

Khoury v R [2024] NSWCCA 19 - crime, alleged risk of prejudice following exchange between Crown witness and accused in courtroom

Mbuzi v Wordsworth (Recusal Application) [2024] FCA 132 - courts and judges, bias, reasonable apprehension of bias, whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding, whether previous employment with a law firm might result in a reasonable apprehension of bias

Reeves v Reeves [2024] NSWSC 134 - succession, dispute between the plaintiff and the defendant who are the only two children of the deceased, who died in 2021, regarding their entitlements to valuable farming land in Dungog region, which at her death comprised 21 lots

Bangladesh elephants receive historic court protection with capture ban by Alisha Rahaman Sarkar in The Independent

DAOs (Decentralised Autonomous Organisations) v DINOs (DAO in Name Only or Decentralised in Name Only) by Alexandra Sims, University of Auckland Business School

High Court of Australia examines Article 3 Rule 8 of Hague Rules in relation to London arbitration by Andrew Tulloch of Colin Biggers & Paisley Lawyers

How much difference does it make? High Court examines 'indifference' and copyright authorisation liability by Cate Nagy, Kate Hay, Matthew Swinn and Luke Hawthorne of King and Wood Mallesons

Law Report (ABC) for 27 February presented by Damien Carrick - Do we have healthy industry competition in Australia?

Legal implications of checking the box : Gispac v Michael Hill Jeweller by Andrew Hii and Professor Gregory Tolhurst of Gilbert + Tobin

Lord of the Wings trade mark refused in Middle-earth by Roseanne Mannion and Chelsea Peters of Spruson & Ferguson

The mysterious case of the additional lumbar vertebra by Peter Hunt of McCabes

NSW Supreme Court finds the Civil Liability Act 2002 governs damages assessment for aviation claims – Evans v Air Canada [2023] NSWSC 1535 (12 December 2023) by Matthew Brooks and James McIntyre of HWL Ebsworth

Residential Focus : Is the statutory duty of care under the DBP Act apportionable? by Christine Jones, Stanley Martins, Faith Zalm and Vishwa Shah of Holding Redlich

What does safe and responsible AI really mean? by Peter Waters of Gilbert + Tobin

Proclamations commencing Acts

Children and Young Persons (Care and Protection) Act 1998 No 157 (2024-34) — published LW 23 February 2024

Radiation Control Amendment Act 2023 No 30 (2024-35) — published LW 23 February 2024

Bills assented to

Centennial Park and Moore Park Trust Amendment (Public Transport) Act 2024 No 2 — assented to 19 February 2024

Constitution Amendment (Executive Council) Act 2024 No 1 — assented to 19 February 2024

Crime and Criminal Procedure Legislation Amendment Act 2024 No 3 — assented to 19 February 2024

Customer Service Legislation Amendment Act 2024 No 4 — assented to 19 February 2024

Detention Legislation Amendment (Prohibition on Spit Hoods) Act 2024 No 5 — assented to 19 February 2024

High Risk Offenders Legislation Amendment Act 2024 No 6 — assented to 19 February 2024

Institutions Legislation Amendment Act 2024 No 7 — assented to 19 February 2024

Sheriff and Court Security Amendment Act 2024 No 8 — assented to 19 February 2024

R v Mina Narouz [2024] NSWCCA 14 - statutory interpretation of s 111(1) of the Road Transport Act 2013 (NSW), "strict or absolute liability"

Welcome to the 'Hotel California' case : the trial over handwritten lyrics to an Eagles classic on ABC

World-first climate action in NZ's top court by Sharon Brettkelly on THE Detail (RNZ)

Constitutional fixed points and the Australian Constitution : Cass Sunstein on 'How to interpret the constitution' by Rosalind Dixon on Australian Public Law

The document exists, but I won't let you see it! Confidentiality claims during discovery by Chiara Rawlins of McCabes

End of the road for Volkswagen in Takata airbags class action — 'acceptable quality' guarantee still in focus for the High Court by Christopher Marsh and Chloe Brighton of Maddocks

Law Report (ABC) for 20 February presented by Damien Carrick - Julian Assange : will Britain's High Court approve new appeal against US extradition?

Legislative intent and agency : a rational unity account by Stephanie Collins and David Tan in Oxford Journal of Legal Studies (forthcoming)

Limits on the duty of utmost good faith, Justice Jackman at the Commercial Bar Association of Victoria

The "no penalty rule" : form over substance still survives – but with some room to chip away by Christopher Connor on CommBar Matters (Commercial Bar Association of Victoria)

The role of courts in shaping legal transformation, Mr Greg McIntyre SC at the Fiji Law Society Convention 2024

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Extra Wigs : The Law Is A Meme

Australian tort law in the 21st Century / David Rolph, John Eldridge and Timothy Pilkington (eds.)

Corporations legislation 2024 / Jason Harris, Karen Petch, Kerry Abadee and Alexandra Pieniazek

The Land and Environment Court of NSW has made 2 new Class 3 practice notes :

Class 3 Compensation Claims - commencing 2 April 2024

Class 3 Valuation Objections - commencing 2 April 2024

Bugmy v State of New South Wales [2024] NSWSC 84 - civil procedure, leave to commence action, where plaintiff in custody for serious indictable offence

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 - statutes, construction, Carriage of Goods by Sea Act 1991 (Cth)

The King v Rohan (a pseudonym) [2024] HCA 3 - criminal liability, statutory complicity

Australia is in desperate need of a Whistleblower Protection Authority. Here's what it should look like by A J Brown and Jane Olsen on The Conversation

'No body, no parole' laws to be tested in High Court after release of 'Esky Killer' by Alexandria Utting on ABC

Another native title lesson for proponents : Harvey v Minister for Primary Industry and Resources [2024] HCA 1 by Susanne Rakoczy and Isabella Dissing of Maddocks

ChatGPT is not a paralegal : the professional implications for lawyers in using ChatGPT by Brenda Tronson on Australian Public Law

Copyright in fictional characters and the parody and pastiche defences by Thomas St Quintin at Centre for Intellectual Property and Information Law

The exclusion of aliens under federal law : analysing the impact of NZYQ, Alexander and Benbrika by Sangeetha Pillai on Australian Public Law

Federal court judgment : ASIC v Block Earner by Daniel MacPherson, Peter Reeves and Aparna Nanayakkara of Gilbert + Tobin

Law Report (ABC) for 13 February presented by Damien Carrick - Mother of US school shooter found guilty of manslaughter; the death penalty in China

Unheralded nation-builder : another dimension of John Hubert Plunkett, The Hon Andrew Bell, 2024 Annual Plunkett Lecture

When is a claim considered fraudulent? The impact of false and misleading statements on a claim for damages by Raissa Galang of McCabes

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions

Australian master tax guide 2024

Statutory interpretation in Australia (10th ed.) / D. C. Pearce

Benjamin's sale of goods (12th ed.) / Michael Bridge (ed.)

Bowstead and Reynolds on agency (23rd ed.) / Peter Watts

Chitty on contracts (35th ed.) / H. G. Beale (ed.)

The culpable corporate mind / Elise Bant (ed.)

The immigration of Irish lawyers to Australia in the nineteenth century : causes and consequences / John Kennedy McLaughlin

The interpretation of contracts (8th ed.) / Kim Lewison

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