The Library Bulletin

In progress

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Sep 2023

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023 Paintball Amendment Bill 2023 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 20 Sep 2023

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 21 Sep 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, Awaiting 2R Debate, Thu 21 Sep 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, To be reported, Thu 21 Sep 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Referred to committee for inquiry and report, Wed 20 Sep 2023

Radiation Control Amendment Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 21 Sep 2023

Work Health and Safety Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023

Proclamations commencing Acts

Criminal Legislation Amendment (Knife Crimes) Act 2023 No 12 (2023-528) — published LW 22 September 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 No 10 (2023-545) — published LW 29 September 2023

Bills assented to

Appropriation Act 2023 No 24 — assented to 27 September 2023

Appropriation (Parliament) Act 2023 No 25 — assented to 27 September 2023

City of Sydney Amendment Act 2023 No 27 — assented to 27 September 2023

Civil and Administrative Tribunal Amendment Act 2023 No 22 — assented to 20 September 2023

Crimes Amendment (Corrupt Benefits for Trustees) Act 2023 No 21 — assented to 20 September 2023

Explosives Amendment Act 2023 No 23 — assented to 20 September 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Act 2023 No 20 — assented to 20 September 2023

Treasury and Revenue Legislation Amendment Act 2023 No 26 — assented to 27 September 2023

Notice of motion

Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 - in Legislative Council, Notice of Motion, Wed 20 Sep 2023

Dame Sue Carr is first Lady Chief Justice, the top judge for England and Wales by Dominic Casciani on BBC

Lady Gaga officially won't have to pay $500K reward to woman tied to dog theft, judge rules by Nancy Dillon in Rolling Stone

New laws will give Australians the right to sue for ‘serious’ breaches of privacy by Paul Karp in The Guardian

The Bar Library will be closed until 1pm on Thursday, 12 October to allow the Librarians to attend a professional development training session. We apologise for any inconvenience.

In progress

City of Sydney Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, Awaiting 2R Debate, Tue 12 Sep 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 12 Sep 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 14 Sep 2023

Motor Dealers and Repairers Amendment Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 14 Sep 2023

Paintball Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Sep 2023

Petroleum (Onshore) Amendment (Liverpool Plains Prohibition) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Sep 2023

Radiation Control Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 14 Sep 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 14 Sep 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Awaiting assent

Civil and Administrative Tribunal Amendment Bill 2023 - Awaiting Assent, Thu 14 Sep 2023

Crimes Amendment (Corrupt Benefits for Trustees) Bill 2023 - Awaiting Assent, Tue 12 Sep 2023

Explosives Amendment Bill 2023 - Awaiting Assent, Thu 14 Sep 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Bill 2023 - Awaiting Assent, Wed 13 Sep 2023

Notice of motion

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, Notice of Motion, Tue 12 Sep 2023

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, Notice of Motion, Tue 12 Sep 2023

High Court ruling vindicates sacked Qantas workers but doesn’t stop the outsourcing of jobs in the future by Shae McCrystal on The Conversation

Small island nations take high-emitting countries to court to protect the ocean by Karen McVeigh in The Guardian

Crime and Corruption Commission v Carne [2023] HCA 28 - parliamentary privilege

Insurance Australia Limited t/as NRMA v Richards (No 2) [2023] NSWSC 1056 - party/party costs, whether to depart from usual order under the Uniform Civil Procedure Rules 2005 (NSW) that costs follow the event

ISPT Pty Ltd and AWPF Management No. 2 Pty Ltd v Cao and Zhao [2023] NSWSC 1115 - commercial leases, discharge by frustration

Qantas Airways Limited & Anor v Transport Workers Union of Australia [2023] HCA 27 - industrial law

Commissioner Holmes' revolution? Robodebt, transparency and record creation by Darren O'Donovan on Australian Public Law

Costs : when do they follow the event in judicial review proceedings? by Barbara Casado of Hall and Wilcox

Dodd v Dodd [2022] NSWSC 199 – Supreme Court judgment summary by Rebecca Tidswell of Carroll and O'Dea Lawyers

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 6 : How to change the Constitution

Large language models and the future of law by Damien Charlotin of HEC

Law Report (ABC) for 12 September presented by Damien Carrick - The Voice and how Indigenous knowledge can help close the gap

New AHRC guidelines for positive duty to eliminate sexual harassment by Tim McDonald and Lauren Colless of McCabes

Timely reminder to directors that your responsibilities do not end when a liquidator is appointed by Howard Rapke, Jessica Tsiakis and Rebecca Cleary of Holding Redlich

Waste not, want not : rights and remedies in preservation of an estate, The Honourable Justice G Lindsay​, Blue Mountains Law Society 2023 Succession Conference

When can a contract be terminated at common law? by Bryony Evans, Michael Swinson and Anna Tinney of King and Wood Mallesons

Why The Voice will lead to better government decision making and practical outcomes for First Nations peoples by Narelle Bedford on Australian Public Law

Aust's modern treaty law and practice (4th ed) / Jeremy Hill

Great legal writing : lessons from literature / Max Barrett

Native title in Australia (5th ed) / Richard H. Bartlett

AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022 - contractual power of non-renewal, termination of dealership agreement, franchising

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors [2023] HCA 26 - constitutional law

Douglas v Mikhael [2023] NSWSC 979 - oral contract

In the matter of ACN 613 909 596 Pty Ltd (formerly Minle Wine Negociants of Australia Pty Ltd) (subject to a deed of company arrangement) [2023] NSWSC 753 - voluntary administration, deed of company arrangement

Sargent v Sargent [2023] NSWSC 1063 - evidence, loss of client legal privilege, "intentions…of a client or party who has died"

Beware the verbal contract by Tim Case and Alan Wrigley of McCullough Robertson

Crossing the ditch? – Zurich Insurance Company Ltd & Anor v Koper [2023] HCA 25 by Nicholas Matkovich and Vignesh Iyer of HWL Ebsworth

First Peoples and the people of the Australian Commonwealth by Nicholas Aroney, University of Queensland

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 5 : Representative democracy

Julius Stone Address : What is political progress?, Professor Lea Ypi, University of Sydney

Law Report (ABC) for 5 September presented by Damien Carrick - Judge liable for wrongful imprisonment and a Palawa lawyer's case for No

Mercedes-Benz defeats dealers in landmark agency model case by Adrian Kuti, Mihkel Wilding, Anchal kapur and Julian Rein of Clayton Utz

Overhaul of gig worker rights by Will Spargo, Cameron Hannebery, Christian Mooney, Jeremy Hanrahan, Kaitlyn Gulle and Vince Rogers of Lander and Rogers

Remarks on the occasion of celebrating Professor Barbara McDonald's contribution to the University of Sydney Law School, The Honourable Justice M. J. Leeming​

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Indira Gandhi v Director of the Islamic Department

Supreme Court of New South Wales 2023 Annual Conference - Criminal law review, The Honourable​​ Acting Justice R. A. Hulme

Treasury consults on unfair trading practices in Australia from Gilbert + Tobin

When will a deed of company arrangement be terminated as an abuse of process? by Chris Kintis, Paul Evans and Bishoy Genday of Cornwalls

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Revisiting the prosecution's duty of disclosure

Bills assented to

Drug Misuse and Trafficking Amendment (Appointed Persons) Act 2023 No 19 — assented to 04 September 2023

Revenue, Fines and Other Legislation Amendment Act 2023 No 18 — assented to 04 September 2023

Treasury is consulting on unfair trading practices, see information about the Unfair trading practices - Consultation Regulation Impact Statement here.

The deadline for submissions is 29 November 2023.

Emojis like thumbs-up or a full moon are tiny icons, but they can have big legal implications by Christopher Knaus on ABC

Law Council of Australia urges judicial immunity reform after judge Salvatore Vasta successfully sued by Christopher Knaus and Nino Bucci in The Guardian

Abuse of process (4th ed) / Colin Wells

After misogyny : how the law fails women and what to do about it / Julie C. Suk

Equity today : 150 years after the judicature reforms / Ben McFarlane and Steven Elliott (eds.)

Fair work legislation 2023-2024 / Mark Rinaldi, Rohan Millar, Victoria Lambropoulos and Aaron Neal (eds.)

International monetary and banking law post COVID-19 / William Blair, Chiara Zilioli and Christos Gortsos (eds.)

Landmark cases in private international law / William Day and Louise Merrett (eds.)

The law of civil penalties / Deniz Kayis, Eloise Gluer and Samuel Walpole (eds.)

Legal systems of the Pacific : introducing sixteen gems / Jennifer Corrin and Tony Angelo (eds.)

The modern doctrines of champerty and maintenance / Rachael Mulheron

Redfern and Hunter law and practice of international commercial arbitration (7th ed) / Nigel Blackaby, Constantine Partasides ; with Alan Redfern and Martin Hunter

Tax avoidance in Australia (2nd ed.) / Jonathan Woodger and G. T. Pagone

What is the 'it'? A handbook for proofing court judgments / Stan Emmerson

Australia's family law overhaul a step closer as inquiry endorses focus on child's best interest by Tory Shepherd on The Guardian

Australia's federal whistleblowing laws have not protected anyone since inception, analysis shows by Christopher Knaus on The Guardian

Australian government acknowledges risk of climate change to bonds after court case by Leonie Thorne and Michael Slezak on ABC

Could a NYT lawsuit threaten the future of generative AI? by Jamie Watts for Thred

Does Australia need a 'don't be a jerk law' to stop unfair business conduct? Consumer groups say yes by Michael Atkin and Jenya Goloubeva on ABC

Experts call for a justice system overhaul to better support victim-survivors of sexual assault by Millie Roberts on ABC

Federal Court formally recognises Wilyakali people's native title claim over land in SA by Oliver Brown on ABC

Man jailed during routine property dispute wins $300,000 after suing judge over 'fundamental errors' by Christopher Knaus and Nino Bucci in The Guardian

More whole life orders? by Joshua Rozenberg on A Lawyer Writes

Not actually a Whopper : Burger King hit with lawsuit over size of burgers on SBS

Climate change threatens the rights of children. The UN just outlined the obligations states have to protect them by Noam Peleg on The Conversation

Defamation : the serious costs of failing to establish "serious harm" by Kym Fraser and Stuart Kovacs of Clayton Utz

Family Law Amendment Bill 2023 report, Senate Standing Committees on Legal and Constitutional Affairs

Flying under the radar : Australia's silent and growing competition crisis by Dan Andrews and Elyse Dwyer on The Conversation

How the Federal Circuit and Family Court of Australia determines a Hague Convention application for the return of a child by Byron Leong and Kate Mitchell of Lander and Rogers

The influence of Chancellor Kent by Dr Stephen Lee in Hearsay

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 4 : Citizenship

Law Report (ABC) for 29 August presented by Damien Carrick - New legal service for whistleblowers and Australia’s worst case of malicious prosecution

Mercedes-Benz's legal win over car dealers could transform the way new cars are sold in Australia by Vishal Mehrotra and Rajat Roy on The Conversation

Protecting your data : just how far does copyright protect the value of data? by Luke Dale of HWL Ebsworth

Rights of nature in comparative perspective by Sam Bookman, 37 Nat. Resources & Env't 4 (2022-2023)

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Canadian Patriation Reference

Section 54 and insurance required by the Home Building Act by Christine Jones and Meru Sharma of Holding Redlich

Social media and defamation Law, The Hon Justice Peter Applegarth AM

Supreme Court of NSW reminds contracting parties to follow the contract by Helena Golovanoff and Krishneel Kumar of Holding Redlich

In January next year the Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform.

The content remains familiar but the features available for accessing and retrieving materials are significantly enhanced.

In the lead up to this changeover, CCH are offering introductory training sessions at regular intervals throughout the rest of the year.

Details and registration are available at the link below :

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Proclamations commencing Acts

Tattoo Parlours Amendment (Statutory Review) Act 2022 No 10 (2023-494) — published LW 30 August 2023

H&M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 4) [2023] NSWSC 925 - contracts, agreed terms

Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 - torts, false imprisonment

A memo will be circulated to Members and Clerks early next week detailing the obligations of the Bar Library under the terms and conditions of our licensing agreements with our vendors and suppliers.

More detail will be provided but from Monday any members or their staff who can reasonably be expected to attend in person should now be prepared to visit the Bar Library and use the resources available to retrieve required materials independently.

Australia's environment must be given legal priority over land-clearing and logging to survive, Ken Henry says by Adam Morton in The Guardian

Domestic violence perpetrators are weaponising subpoenas and advocates want Australia’s law changed to stop it by Tory Shepherd in The Guardian

Is Stockholm syndrome a myth? The terrifying crime behind psychology's most famous — and dubious — term by Rebecca Armitage on ABC

US judge rules AI-generated art not protected by copyright law by Tessa Solomon on ArtNews

Whistleblowing laws are fundamentally flawed, former judge Tony Fitzgerald says by Christopher Knaus in the Guardian

Worldcoin uses silver orbs to scan people's eyeballs in exchange for crypto tokens by Bobby Allyn on All Things Considered (NPR)

Conversations presented by Richard Fidler - Kim and the Constitution

'For every wrong, there is a remedy': the availability of mandamus against federal court judges and other alternatives to judicial injustice by Jerry To on Australian Public Law

Host with the most – the shifting vicarious liability landscape (Mt Owen v Parkes [2023] NSWCA 77) by Stephen White and James Lynagh of McCullough Robertson

How did parliaments perform during the pandemic?, Dr Harry Hobbs and Professor George Williams AO, Parliament of Australia Senate Lecture Series

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 3 : Separation of powers

Law Report (ABC) for 22 August presented by Damien Carrick - ACT leads the way in assisting vulnerable people in court

Medical causation : the onus of proof and the medico-legal evidence to be considered by Barbara Casado and Bree Cohen of Hall and Wilcox

The National Anti-Corruption Commission : what you need to know about its powers to require information and documents by Rani John, Edward Elliott and Melanie McKean of Ashurst

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Donoghue v Stevenson

Supreme Court of New South Wales 2023 Annual Conference - Criminal law review, Honourable​​ Acting Justice R. A. Hulme

Time is important, but essentially how important? Understanding what "time is of the essence" means by Tim Jones, Nick Josey, Tim George, Georgie Groves and Thomas Ryan of Clayton Utz

What is the difference between force majeure and frustration? by Bryony Evans and Michael Swinson of King and Wood Mallesons

When claiming statutory debts under the Security of Payment Act may not be a slam dunk by Matthew Taylor of Gadens

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Equal Protection v Affirmative Action : The Wigs discuss the Harvard and UNC cases

In progress

Civil and Administrative Tribunal Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 22 Aug 2023

Conversion Practices Prohibition Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Aug 2023

Crimes Amendment (Corrupt Benefits for Trustees) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 22 Aug 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, 2R, Referred to committee for inquiry and report, Tue 22 Aug 2023

Equality Legislation Amendment (LGBTIQA+) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Aug 2023

Explosives Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 23 Aug 2023

Motor Dealers and Repairers Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Aug 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Aug 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 24 Aug 2023

Awaiting assent

Drug Misuse and Trafficking Amendment (Appointed Persons) Bill 2023 - Awaiting Assent, Thu 24 Aug 2023

ICAC and LECC Legislation Amendment Bill 2023 - Awaiting Assent, Wed 23 Aug 2023

Revenue, Fines and Other Legislation Amendment Bill 2023 - Awaiting Assent, Thu 24 Aug 2023

Notice of motion

Climate Change (Net Zero Emissions) Bill 2023 - in Legislative Council, Notice of Motion, Thu 24 Aug 2023

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 23 Aug 2023

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023 - in Legislative Council, Notice of Motion, Wed 23 Aug 2023

All New South Wales residents are entitled to sign up for a State Library of New South Wales library card, see the registration page here. Please take note of these access conditions.

Your card will give you access to thousands of ebooks, local and overseas newspapers, journals and other resources from home.