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New books

Thu May 04 2023

Attend : A conversation about government, Parliament and the Voice

Fri Apr 28 2023

Attend : A conversation about government, Parliament and the Voice from Centre for Comparative Constitutional Studies with panellists Dr Monique Ryan, Terry Moran AC, Rosemary Laing and Catherine Liddle.

Time : Tue, 2 May 2023 5:30 PM AEST

Place : Online

See details here.

News

Fri Apr 28 2023

New judgments

Fri Apr 28 2023

Commissioner of Police, NSW Police Force v TM [2023] NSWCA 75 - statutory interpretation, NSW's child protection offender registration scheme : subject to specified exemptions, anyone who has been sentenced in respect of a registrable offence is a registrable person

Pardini v Unilever United States, Inc., United States Court of Appeals for the Ninth Circuit, 21-16806, 04-18-2023 - "whether the product "I Can't Believe It's Not Butter! Spray" is a butter or a spray.", "The proposition that, absent some Canaan miracle, a bottle of flavored oil containing 1,160 calories and 124 grams of fat can be transformed into zero calories and zero grams of fat by the simple act of replacing the bottle cap with a pump device is ludicrous."

Interesting articles, speeches and podcasts

Fri Apr 28 2023

Abandoned rights of way – key lessons from Castle v Achdjian by Bede Haines of Holding Redlich

Balancing impartiality and free speech : an empirical study of on the ground experiences of Australian public servants, Sarah Sorial and Shireen Morris, (2022) 43(2) Adelaide Law Review 885

The civil conscription sub-clause in section 51(xxiiiA) of the Australian Constitution : no impediment to reform of Medicare by Fiona McDonald, Stephen Duckett and Emma Campbell on Australian Public Law

The future of foreign investment : the role of the Security of Critical Infrastructure Act by Andrew Bukowski and Adam Kearney of McCullough Robertson

Law Pod UK presented by Lucy McCann - Episode 183 : Multi-defendant cases : the more the merrier?

Law Report (ABC) for 25 April presented by Damien Carrick - Murdoch, Dominion & Crikey; the secret trial of 'Witness J'

Minimal podcast presented by Jim Minns - #26 : Emmanuel Kerkyasharian

Religious freedom and equality : a tense relationship by Alex Deagon on Australian Public Law

The Voice to Parliament debate, Tony McAvoy SC and Shireen Morris debate Senator Jacinta Nampijinpa Price and Nyunggai Warren Mundine, presented by Centre for Independent Studies

New judgments

Fri Apr 21 2023

Australian Competition and Consumer Commission v Ashton Raggatt McDougall Pty Ltd [2023] FCA 351 - cartel conduct, architecture

Barney v R [2023] NSWCCA 85 - difference between reliability and credibility

R v Johns (a pseudonym) (No 2) [2023] ACTSC 83 - sentencing remarks, Witness J

Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71 - statutory construction, meaning of "at any time", whether legal meaning of statute departed from literal meaning

Interesting articles, speeches and podcasts

Fri Apr 21 2023

Australia holds the line on priorities between successive trustees by Cameron Cheetham, Andrew Edington and Tom Fullerton of Corrs Chambers Westgarth

Bird v DP, vicarious liability and the impact for volunteer organisations by Andrew Gray of HWL Ebsworth

ChatGPT : what the law says about who owns the copyright of AI-generated content by Sercan Ozcan, Joe Sekhon and Oleksandra Ozcan on The Conversation

Conversations about The Voice : opening the conversation, convened by barrister Tim Goodwin, Professor Cheryl Saunders AO and Professor Jason Varuhas, University of Melbourne

Crypto is not property by Robert Stevens, 2023 LQR

The future of administrative discretions, Justice Perry, Commonwealth Law Conference "Connections and Conference in Federal Litigation"

Is the voice too uncertain or risky? by Scott Stephenson on Australian Public Law

Law Report (ABC) for 18 April presented by Damien Carrick - Court ruling raises questions about NSW Covid fines; What is the 'dark fleet'?

Legal aspects of The Voice, chaired by The Hon Pamela Tate AM KC with speakers Jill Gallagher AO, Peter Hanks KC, Chris Horan KC and Frances Gordon SC, presented by Australian Academy of Law

The making of constitutional democracy, with speakers Professor Eoin Carolan, Professor Erin Delaney, Dr Marco Goldoni and Professor Mila Versteeg, presented by University of Leeds

The traditional methods of comparative law by Jaakko Husa, The Cambridge Handbook of Comparative Law, eds Siems & Jen Yap 2023 (forthcoming)

The unfair set-off by Melissa Jeremiah and Michael Wells of Maddocks

What do Australians talk about when they talk about 'parliamentary sovereignty'? by Ryan Goss, ANU College of Law Research Paper No. 21.37

Whistleblowers on trial : Richard Boyle and David McBride on Human Rights Law Centre

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Emmanuel Kerkyasharian - Unwigged

Women in law : how far have we come, and where to from here?, Justice Gleeson, Brennan Justice Address, University of Technology Sydney, 20 March 2023

News

Fri Apr 21 2023

Attend : GSPL Reading Group Series - Dr Paolo Sandro

Fri Apr 21 2023

Attend : GSPL Reading Group Series - Dr Paolo Sandro discussing his book The making of constitutional democracy : from creation to application of law (Bloomsbury, 2022).

Time : Wed, 31 May 2023 9:00 AM - 10:00 AM AEST

Place : Online

See details here.

Attend : The Case for a Republic

Fri Apr 21 2023

Attend : The Case for a Republic with Megan Davis, Craig Foster, Nyadol Nyuon and George Williams, presented by the UNSW Centre for Ideas and the Australian Human Rights Institute.

Time : Mon, 8 May 2023 6:30 PM - 7:30 PM AEST

Place : The Roundhouse, University of New South Wales

See details here.

Interesting articles, speeches and podcasts

Fri Apr 14 2023

Australia : Is latent defects insurance a 'game changer' for the construction industry? by Alex Hartmann and Leigh Duthie of Baker and McKenzie

Change of relationship status : legal issues to consider on the Succession planning for blended families presented by Janene Bon and Claire Hawke-Gundill

Countersign podcast presented by Stewart Motha - Climate wreckage, pagan vitalities, and truth with William E. Connolly

"Happily ever after" : Disney and the Rule Against Perpetuities by David Allen Green on the law and lore blog

Integrating the Australian judicial system by Justice Gageler AC in (2023) 15(1) The Judicial Review 21

Law Report (ABC) for 11 April presented by Damien Carrick - ACT law to ban non-urgent surgery for intersex children; cryptocurrency in crime

Mind control or mindful control? The role of regulation in neurotechnology by Lesley Sutton and Moe Ayman of Gilbert + Tobin

More overseas companies to be subject to the Australian Privacy Act by Cameron Gascoyne and Clare Foran of Clayton Utz

"No longer fit for purpose" : the ACCC's proposal for a new Australian merger control regime by Andrew Rankin, Tom Griffith and Alexander Hamam of Piper Alderman

What's the go with work on public holidays? Full Federal Court has its say by Barnaby Austin of McCabes

You say "ed", they say "ad" : the fine line between lawful educational campaigns and unlawful advertising of therapeutic goods in Australia by Nicholas Tyacke, Greg Bodulovic and Alexandra De Zwart of DLA Piper

News

Fri Apr 14 2023

New judgments

Fri Apr 14 2023

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 - constitutional law

Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11 - public international law

Productivity Partners Pty Ltd (trading as Captain Cook College) v ACCC [2023] FCAFC 54 - system of unconscionable conduct

Sinanovic v Bone [2022] NSWSC 1474 - "In order for Mr Sinanovic to have the opportunity to present his case, some patience and flexibility was required. Neither was shown."

Testart v Testart (No 2) [2023] FCA 209 - employee could pursue underpayments claim against her barrister ex-husband

Interesting articles, speeches and podcasts

Thu Apr 06 2023

Ceremonial sitting of the Federal Court of Australia Full Court to welcome the Honourable Justice Jackman, 23 March 2023

Court of Appeal considers the limitation period for personal injury actions by Peter Bennett of Holman Webb

Default Rules in the common law : substantive Rules and precedent, Lord Sales, Presentation at International Workshop on Default Rules in Private Law

Double Jeopardy podcast with Ken MacDonald and Tim Owen - Episode 25 : Joshua Rozenberg - reporting the law

George Williams – the whacky world of micronations on Conversations with Richard Fidler

GPT-4 : the arrival of multimodal AI and its broader implications by Lisa Fitzgerald, Edward Lyons and Milo Goldacre of Lander and Rogers

Insolvent contractors in New South Wales may be able to pursue debts through the Security of Payment Act regime by Matthew Taylor of Gadens

Law in Action (BBC) for 28 March presented by Joshua Rozenberg - The legacy of the Good Friday Agreement

Law Report (ABC) for 5 April presented by Damien Carrick - WA bikies convicted for displaying club tattoos

'On classic ground' : Martin's monument and civilizational yearnings in colonial New South Wales, Honourable A S Bell, The Fifth Sir James Martin Oration

'So help me God'? Does oath swearing in courtroom scenarios impact trial outcomes? by Ryan T. McKay, Will Gervais and Colin J. Davis in British journal of psychology, 2023;00:1–24

New judgments

Thu Apr 06 2023

Armstrong v Assatryan & Ors [2023] VCC 7 - chocolate, defamation

Fay Evans v John Lewis PLC & Anor [2023] EWHC 766 (IPEC) - "The dragon is a creature of myth, dating back to ancient times and found in cultures across the world."

R v Hamdach [2023] NSWSC 298 - "recent decision of the High Court of Australia in Mitchell v R clarifies the common law of Australia While the decision was made in the context of the South Australian statutory form of constructive murder, it is apparent to me that it clarifies the common law..."

Tauranga City Council v Fraser [2023] NZHC 723 - "The District Court Judge erred in his appreciation of the defence of complete absence of fault. The Judge blamed the victim instead of focusing on whether the dog owner could have taken steps to avoid the attack."