The Library Bulletin

Court confirms proportionate liability defence can be pleaded to a claim for breach of statutory duty of care under DBP Act by Charles Thornley, Chris Bresler and Elizabeth Berwick of Lander and Rogers

Expert evidence : interlocutory dispute regarding audio-recording by Bill Madden on Bill Madden's Wordpress

Federal Court confirms the objective test in assessing apprehended bias by the former Prime Minister by Richard Lilly and Mhairi Stewart of Allens Linklaters

Implied IP licences : don't get 'court' - High Court rules in favour of Realestate.com.au by John Fairbairn, Lisa Jarrett, Belinda Alcock and Lachlan McNamara of MinterEllison

Law Report (ABC) for 7 March presented by Damien Carrick - Duggan faces 'unusual' extradition charges; Australian regulators target corporate 'greenwashing'

NSW Court of Appeal confirms the broad application of the statutory duty of care under the NSW DBP Act by Frank Bannon, Lina Fischer, Richard Siou and Jason Hooper of Clayton Utz

Reasonable satisfaction of consultation : the subjective jurisdictional fact in Tipakalippa v NOPSEMA; Santos by Samuel Naylor on Australian Public Law

The role of the ILC and VCLT in international investment law, moderated by Lucy Reed, with Professor Sean D. Murphy, Dr Vilawan Mangklatanakul, Professor Martins Paparinskis and Dr Penelope Ridings, presented by ANU College of Law and the George Washington University Law School

The tort of misuse of public office : suggested clarifications and reforms by Anthony Gray in (2023) 48(2) Monash University Law Review (advance)

Transforming rehabilitation through digital technology from Sydney Law School, moderated by Dr Carolyn McKay, with panel members Luke Grant, Renee Van Aaken, Steven Van De Steene and Professor Mark Halsey

Australian parliaments and the pandemic by Harry Hobbs and George Williams, (2023) 46(4) University of New South Wales Law Journal (forthcoming)

Chat GPT and legal research : a cautionary tale by Paul Daly on Administrative Law Matters

Clarity at last on s 451E : Federal Court in Rathner confirms ipso facto operates as expected by Peter Bowden, Charbel Moujalli and Afreen Taqvi of Gilbert + Tobin

Constitutional drafting : key questions by Gabrielle Appleby, Sean Brennan, Megan Davis, Elisa Arcioni, Stephen McDonald and Scott Stephenson on Australian Public Law

Crypto collapses – lessons for recovery action by Stephen Ipp and Andrew Girgis of Greenway Chambers

Federalism and a First Nations Voice (comment) by Stephen McDonald SC of Hanson Chambers; University of Adelaide - School of Law

Guardian in the Full Federal Court – 100A meets Part IVA by Damien Bourke and Megan Bishop of Holding Redlich

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

Law Report (ABC) for 28 February presented by Damien Carrick - US ruling to ban caste discrimination; UN expert warns against gay conversion practices

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 12 : Delving into the Drug Court with Senior Judge Jane Mottley

A weapon is no subordinate. Autonomous weapons and the scope of superior responsibility, Dr. Alessandra Spadaro at University of Oxford

What to know about the new Psychosocial Code of Practice by Shae McCartney and Hilary Searing of Clayton Utz

123 259 932 Pty Ltd v Cessnock City Council [2023] NSWCA 21 - reliance damages

Australian Securities and Investments Commission v GetSwift Ltd [2023] FCA 100 - continuous disclosure

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2022] FCA 540 - experimental use exemption to patent infringement

Leung v Chung [2023] VSC 38 - "Tribunal's award of damages for conduct constituting sexual harassment was manifestly inadequate"

LIU v R [2023] NSWCCA 30 - "the principles applicable to the significance of advanced age in sentencing... are nuanced and not capable of mechanical application"

Moore v Ballina Shire Council [2022] NSWDC 691 - negligence, breach of duty of care, bollard

Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 5) [2023] FCA 135 - native title over the sea

Australia joins Vanuatu bid for international court to rule on obligation to prevent climate harm by Daniel Hurst in The Guardian

Decades after Eddie Mabo's historic native title win, a new court victory brings his dream full circle by Damien Carrick and Anna Kelsey-Sugg for The Law Report (ABC)

Pedestrian jailed for manslaughter after causing cyclist to fall in front of car by Rachel Hall in The Guardian

River Ouse may become first in England to gain legal rights by Isabella Kaminski in The Guardian

What happens if the government goes against the advice of the Voice to Parliament? by Anne Twomey on The Conversation

Attend : Forbes Tutorial by Prof. Emerita Anne Twomey, The Curious History of the Nationhood Power.

Time : Monday 6 March 2023 5:12 PM - 6:20 PM (UTC+11)

Place : New South Wales Supreme Court, Court 13A or online

See details here.

Proclamations commencing Acts

Government Sector Finance Act 2018 No 55 (2023-90) — published LW 2 March 2023

Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (2023-91) — published LW 2 March 2023

The Bar Library is offering personalised research skills sessions to members and their staff.

Whether you are looking to increase your knowledge generally in an area of legal research, would like to know how a particular resource works in more depth or are just a beginner looking to see what is available, the Bar Librarians can assist.

Sessions will work best for 1-3 people at a time. To arrange a time for your session, please contact library@nswbar.asn.au.

Cheshire & Fifoot's law of contract, twelfth Australian edition / N. C. Seddon and R. A. Bigwood

Defamation law in Australia (4th ed) / Patrick George

Delegated legislation in Australia (6th ed) / Dennis Pearce and Stephen Argument

Environmental law in Australia (11th ed) / Gerry Bates

Freezing and search orders (3rd ed) / Peter Biscoe

Interpretation acts in Australia (2nd ed) / Dennis Pearce

The intricacies of dicta and dissent / Neil Duxbury

Principles of Australian succession law (4th ed) / Ken Mackie and Elise Bennett Histed

Responsive judicial review : democracy and dysfunction in the modern age / Rosalind Dixon

Benn v R [2023] NSWCCA 24 - criminal law, sentencing, concurrency and accumulation

Data Transfer Services Pty Ltd v White [2023] NSWCA 16 - "Where parties to a deed have chosen deliberately to enter into a transaction on a counterfactual basis, there will be no occasion for equity to intervene and deny one party's entitlement to rely upon the estoppel generated by the counterfactual statement in the deed"

R v Passmore [2021] NSWCCA 201 - "Decisions... to the effect that House v The King supplied the appropriate standard of review on an appeal in relation to an evidentiary ruling under s 137 of the Evidence Act must no longer be regarded as good law."

Google blocks some news content in Canada ahead of online law by Sam Varghese on iTWire

Judge's remarks while sentencing former intelligence officer Witness J could be released by Elizabeth Byrne on ABC

Shorter Indigenous life expectancy should mean lower pension age, court told by Adeshola Ore in The Guardian

Attend : My mother, Mabo, and me : "Setting the law to rights", presented by Emerita Professor Jenny Hocking at Melbourne Law School.

Time : Wednesday 8 March 2023, 1:00pm - 2:00pm AEDT (online)

See details here.

15 votes later : a comparative analysis of the speakership in Australia and the United States by Dane Luo on Australian Public Law

Are private parking fines lawful? by Peter Nugent and Katie Yu of Holding Redlich

A California court decision—bees are fish—shines new light on the biodiversity crisis by Matthew J. Sanders in 54 Trends 2:5

Departing from precedent : the experience of the UK Supreme Court, Lord Reed, International Conference on Implementation of the Rule of Law

Double Jeopardy podcast presented by Ken Macdonald and Tim Owen - Episode 23 : Sir Nicholas Blake - Small Boats, Dog Whistles and the Law

Fraudulent qualifications by Bill Madden on Bill Madden's Wordpress

High Court affirms and bolsters the rules of unilateral waivers in contract law by Freya Bayne and Lou Allen-Ankins of Clayton Utz

The importance of storytelling to international law, Dr Tamsin Phillipa Paige, Public International Law Series

Law Report (ABC) for 21 February presented by Damien Carrick - High tech solutions to age-old crime of livestock theft

Minnimal podcast presented by Jim Minns - #25 : Stephen Lawrence

On Voice, and the political power of representation by Sana Nakata on Australian Public Law

Pleading insolvent trading claims : does the liquidator need to know the value and details of creditor claims before commencing? by Dinesh Ratnam and Sam Sykes of Greenway Chambers

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 11 Sentencing in the Local Court with Deputy Chief Magistrate Theo Tsavdaridis

Supreme Court decision in gallery case paints a picture of what constitutes private nuisance by Colleen Palmkvist and Candice Day of Lander and Rogers

The Voice — a step forward for Australian nationhood by Robert French on Australian Public Law

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

50 human rights cases that changed Australia / Lucy Geddes and Hamish McLachlan

Phipson on evidence (20th ed) / Hodge M. Malek (ed)

Proclamations commencing Acts

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (2023-46) — published LW 17 February 2023

Director of Public Prosecutions [DPP] v Browne, Christopher [2023] VSCA 13 - "We have been informed that this is the first time that the Director has appealed against a sentence which was imposed following the acceptance of a sentence indication."

Koprivnjak v Koprivnjak [2023] NSWCA 2 - equity, presumption of advancement

McGlashan, Terrence v MSS Security Pty Limited [2022] FWC 3304 - can an employer legally record an employee's internal telephone conversations?

Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18 - medical negligence, delay in diagnosis, no breach of duty of care, verdicts in favour of the defendant

Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 - whether statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applies in relation to "boarding house", yes

Stanley v Director of Public Prosecutions (NSW) & Anor [2023] HCA 3 - administrative law

Unions NSW & Ors v State of New South Wales [2023] HCA 4 - constitutional law

Be careful what you wish for : how and when to plead a breach of the statutory duty of care or a defence to the claim under the DBP Act 2020 by Richard Cheney SC and Garth Campbell of Greenway Chambers

Case note – High Court confirms that "peak indebtedness rule" is not part of Australian law by Carmen Boothman of HWL Ebsworth

Decolonising copyright by Jade Kouletakis, CIPIL Evening Seminar

Does the AFCA have jurisdiction to decide your financial dispute? Guidance from the decision in AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2022] FCA 1336 by Susan Forrest of Gadens

Game, set, match : tips for helping Counsel both in and out of Court and how to prepare your witness to give evidence without coaching by Faheem Anwar and Brienna Anderson of Greenway Chambers

Law Report (ABC) for 14 February presented by Damien Carrick - Visa cancellations and deportation

Presumption of advancement – lessons from a recent NSW Court of Appeal decision by Greg Wrobel and Kim Nguyen of Holding Redlich

Privacy Act review report : highlights and hot takes by Melissa Fai, Andrew Hii and Claire Harris of Gilbert + Tobin

Privacy-enhancing technologies and their role in privacy compliance by Lisa Fitzgerald, Robert Neely, Keely O'Dowd and Rebeccah Richards of Lander and Rogers

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 10 Youth justice and sentencing with Children's Court President Ellen Skinner

Statutory duty of care applies to all buildings - NSW Court of Appeal confirms by Andrew Hales, Maciej Getta and Luke Sundercombe of Minter Ellison

Tackling the challenge of legislative complexity by William Isdale and Nicholas Simoes da Silva on Australian Public Law

Unraveling the international law of colonialism : lessons from Australia and the United States by Robert J. Miller and Harry Hobbs on SSRN

Worth a thousand words? Videos and the implied freedom of political communication in Farm Transparency v NSW by Henry Palmerlee on Australian Public Law

Colombian judge says he used ChatGPT in ruling by Luke Taylor on The Guardian

High Court to hear challenge against Victoria's electric vehicle tax, determine if levy is unconstitutional by Elizabeth Byrne on ABC

Judge 'erroneously' found mother committed family violence by denying son access to violent father, court finds by Nino Bucci on The Guardian

New research highlights how human rights law can improve women's health, UNSW Newsroom

NSW judge questions policy preventing support for youths on bail unless there is guilty plea by Nino Bucci on The Guardian

Possible changes to paracetamol access by Rebecca Storen on FlagPost

What would happen if the environment was recognised as a legal person? by Lachlan Gilbert on UNSW Newsroom

Attend : Legal Aspects of the Voice, chaired by The Hon Pamela Tate AM KC with speakers Jill Gallagher AO and Peter Hanks KC, from The Australian Institute of Administrative Law

Time : Date: 15 March 2023, 6.00 pm - 7.30 pm AEDT, online

See details here.

Self, others and the State : relations of criminal responsibility / Arlie Loughnan

Takeovers law and strategy (6th ed) / Rodd Levy

Accessorial liability under the Corporations Act 2001 (Cth) by Chiara Rawlins of McCabes

Eradicating modern slavery in Australia by Freya Dinshaw and Professor Susan Kneebone in Pursuit

Issue of Australian yearbook of international law in honour of Judge James Crawford available on open access here

The landing of the first federal discrimination positive duty : what does this mean for the legal profession? by Somali Cerise and Prabha Nandagopal on Australian Public Law

Law Pod UK Episode 176 - Significant cases of 2022

Law Report (ABC) for 7 February presented by Damien Carrick - Victoria commits to overhauling strict bail laws

Mansfield, Burrow, and the reformulation of the legal decision, Simon Stern, forthcoming in Melissa Ganz, ed., British Law and Literature in the Long Eighteenth Century (Cambridge UP)

A mixed bag for liquidators in High Court decisions on claims of unfair preference or other voidable transactions from Clayton Utz

Reforming Australia's federal environmental laws by Mark Beaufoy, Claire Rogers, Guy Dwyer and Vanessa Sporne of King and Wood Mallesons

Schrödinger's defendants : inquests, unlawful killing and criminal acquittals by Matthew Hill on UK Human Rights Law Blog

Space law update : One person's space junk is another's treasure – who is legally responsible for damage caused by space debris? by Luke Dale, Nikki Macor Heath and Jock Young of HWL Ebsworth

The state of the New South Wales judicature 200 years on from the Bigge Report, Honourable A S Bell, Opening of Law Term Dinner Address 2023 - Law Society of New South Wales

Voice versus rights : the First Nations Voice and the Australian Constitutional legitimacy crisis by Gabrielle J. Appleby, Ron Levy and Helen Whalan, University of New South Wales Law Journal, Vol. 46, No. 3, 2023

Who is perpetrating domestic, sexual and family violence? by Michael Flood, Chay Brown, Kirsti Mills and Lula Dembele on The Conversation

The appellate jurisdiction of the courts in Australia (2nd ed) / Dean Mildren

Principles of administrative law (4th ed) / Leighton McDonald, Kristen Rundle and Emily Hammond

Court beer battle ends in favour of online comedians the Inspired Unemployed's Better Beer by Jamie McKinnell on ABC

Disabled Kalgoorlie man spends 451 days in custody despite being granted bail by Jarrod Lucas on ABC

Google reveals AI search tech Bard, as Microsoft adds ChatGPT to Bing in the fight for search engine supremacy by Tom Williams on ABC

People who live in glass houses... shouldn't have cricket balls thrown at them by Joshua Rozenberg on A Lawyer Writes

Police 'arrest' swan after car crash by Neill Shaw on Cornwall Live

BA v The King [2023] HCATrans 2 - trespass, "Another way of conceiving the issue is to say the offence requires a breaking and an entry, and the quality of the entry is that it must be an entry that is not as of right"

Brick Lane Brewing Co Pty Ltd v Torquay Beverage Co Pty Ltd [2023] FCA 66 - "the extent to which "thirsty folk want beer, not explanations"", consumer law, misleading or deceptive conduct

Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 - corporations, winding up, insolvency

Mehta v The State of Western Australia [2023] WASCA 24 - “To accede to the notion that such a person would have a 'tendency to discount the defence of consent' would be to fall, erroneously, into the kind of myths and stereotypes in relation to persons who have experienced sexual assault that once bedevilled this area of the law.”

Metal Manufactures Pty Limited v Morton [2023] HCA 1 - corporations, winding up, insolvency

Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors [2023] EWCA Civ 83 - "whether the developers who look after bitcoin may arguably owe fiduciary duties or duties in tort to an owner of that cryptocurrency"

Commissioner of Taxation v Guardian AIT Pty Ltd ATF Australian Investment Trust [2023] FCAFC 3 - taxation, anti-avoidance

Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4 - nuisance, Tate Modern viewing platform invades privacy of flats

Landrey v Nine Network Australia Pty Ltd [2023] FCA 27 - "Mr Landrey has been anything but shtum since learning of the allegations made against him"

Complicity in a war of aggression by Dr Nikola Hajdin at University of Oxford

Ethics in AI Workshop : AI and judgement from University of Oxford

Geneva Declaration on Human Rights at Sea : informal lawmaking in action? by Natalie Klein at University of Oxford

Just call me chief justice by Joshua Rozenberg on A Lawyer Writes

Law Report (ABC) for 31 January presented by Damien Carrick - Surprising decisions about legal liability in car accidents

The many lives of Regiam Maiestatem presented by Professor Alice Taylor to the Stair Society

Not time to make a change? Reviewing the rhetoric of law reform by Professor James Lee, as part of the Current Legal Problems Lecture Series 2022-23, UCL Laws

Should we worry about AI and algorithms in government? by Lyria Bennett Moses, TEDx Talk

The surprising Indian influence on English contractual remoteness rules by Katy Barnett on British Association of Comparative Law

Treason against the state : the execution of Charles I by Daniel Gosling on The National Archives