The Library Bulletin

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Live stream : The global state of democracy – how parliaments can rejuvenate democracy with Leena Rikkilä Tamang, Parliament of Australia Senate Lecture Series

When : 12.15pm on Friday 15 September 2023

Live stream here on the day : http://www.aph.gov.au/Senate/Lectures

Australia and New Zealand Banking Group Limited v Evans [2023] NSWSC 1018 - bank seeking possession of three rural properties

Chobani Pty Ltd v Commissioner of Taxation (Taxation) [2023] AATA 1664 - yoghurt combination not GST-free

El-Ammar v Cheaitani (No 2) [2023] NSWLEC 1475 - trees, hedges, "are views severely obstructed"

Hastwell v Parmegiani [2023] NSWSC 1016 - expert witnesses, scope of witness immunity

Insurance Australia Limited t/as NRMA Insurance v Trkulja [2023] NSWSC 956 - medical causation

Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625 - security of payment, statutory debts

Re Clare (a pseudonym) [2023] NSWSC 1009 - discharge of adoption order made in 1957, whether exceptional reason shown, whether declaration of parentage should be made

Annotated Fair Work Act and related legislation 2023 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Ben Dudley, Kathryn Dent, Amy Granger

Digital health technologies : law, ethics, and the doctor-patient relationship / Carolyn Johnston

The law of misleading or deceptive conduct (6th ed.) / Colin Lockhart

Law : the way of the ancestors / Marcia Langton and Aaron Corn

Sawer's the Australian Constitution (4th ed.) / Guy Aitken and Robert Orr

Caselaw on compliance with development standards reaches new heights? Consent granted despite proven breach of height standard without a cl 4.6 request still valid by Philip Brown and Sofia Bryan of HWL Ebsworth

Crystal balls, buffers and intuition - assessing future losses in personal injury cases involving children by Melissa Fenton and Christopher Harrison of Colin Biggers & Paisley

Expert evidence – the letter of instruction and involvement of lawyers by Justin Pennay of McCabes

High Court finds 'negligent urination' not in scope of employment but beware it won't exclude liability arising from some statutory duties by Catherine Dunlop and Taboka Finn of Maddocks

Law Report (ABC) for 15 August presented by Damien Carrick - Community conversations on the Voice referendum; the Sofronoff inquiry leak

The life of a lawyer in the late Roman republic by Nick Scott on The Collector

Life sciences : ethics, innovation and the future of law, The Honourabl​e Justice R​T Beech-Jones

​One judiciary and the administration of justice in New South Wales, Honourable A S Bell, Address to the Local Court of New South Wales Conference 2023

Pro bono work, legal aid and access to justice : some matters of history, Chief Justice Kiefel AC, National Access to Justice and Pro Bono Conference

Record breaking ACL penalties for unconscionable conduct by Liana Witt, Amelia McKellar and David Holmes of Gilbert + Tobin

Safe Work Australia to propose new laws for notifying psychosocial incidents by Michael Selinger of Holding Redlich

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - McCann v United Kingdom

Structure over text : the High Court splits on constitutional implications by Harry Sanderson on Australian Public Law

Trees, rivers and mountains are gaining legal status – but it's not been a quick fix for environmental problems by Rónán Kennedy on The Conversation

What you don't know about unfair contract terms : unmasking the hidden unfairness of non-disparagement clauses by Alex Hutchens, Matthew McMillan, Belinda Breakspear and Jacob Bartels of McCullough Robertson

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The indictment of Donald Trump by Special Counsel Jack Smith

ACCC v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2023] FCA 859 - record-breaking penalties for engaging in unconscionable conduct and making misleading representations

The Adoption of Milo (a pseudonym) [2023] NSWSC 941 - adult adoption, whether the Adoption Act 2000 (NSW) s 24 permits an adult child to be the applicant for his or her adoption

Insurance Australia Limited t/as NRMA v Richards [2023] NSWSC 909 - motor vehicle accidents, res ipsa loquitur ('the thing speaks for itself')

Narouz v R [2023] NSWDC 293 - appeal against conviction for driving under the influence of drugs

New Aim Pty Ltd v Leung [2023] FCAFC 67 - briefing experts

T & L Alexandria Pty Ltd v Sharvain Facades Pty Ltd [2023] NSWSC 947 - commercial leases, interpretation, legal meaning of reasonable time

Amazon Indigenous leader succeeds in passing law granting personhood to endangered river on ABC

Chronic shortage of Indigenous interpreters in Australia's legal system risks violating human rights by Kristina Kukolja for Law Report (ABC RN)

Do we need a new law for AI? Sure – but first we could try enforcing the laws we already have by Edward Santow, Nicholas Davis and Sophie Farthing on The Conversation

Judge rules in favour of young environmental activists in landmark Montana fossil fuels climate change case on ABC

Legal fight between Yindjibarndi and Andrew Forrest cuts to the heart of Australia's native title rights by Daniel Mercer on ABC

NSW court ruling will make it almost impossible to contest drug-driving charges, legal experts claim by Catie McLeod on The Guardian

Animal law in Australia (3rd ed) / Deborah Cao

Company directors' liability and creditor protection / Andrew Keay

Equity and trusts in Australia (8th ed) / G. E. Dal Pont

Evidence law in Queensland (14th ed) / J. R. S. Forbes

Friston on costs (4th ed) / Mark Friston (ed.)

Responsible government and the Australian Constitution : a government for a sovereign people / Benjamin B. Saunders

Maxworthy v Maxworthy [2023] NSWSC 927 - "whether transfer of Torrens system land was by way of gift or gave rise to resulting trust in favour of transferor"

Thynne v Sheringham [2023] NSWCA 181 - mutual wills

Vunilagi v The Queen [2023] HCA 24 - constitutional law

Zurich Insurance Company Ltd v Koper [2023] HCA 25 - jurisdiction

Attend : Current issues in the practice of employment and industrial law, presented by the Federal Court of Australia.

Welcome by Chief Justice Debbie Mortimer followed by four short presentation.

• Statistics and practice in the Employment and Industrial Relations National Practice Area, Justice Darryl Rangiah of the Federal Court of Australia
• Issues in adverse action and other Fair Work litigation, Judge Jonathan Forbes and Judge Amanda Mansini of the Federal Circuit and Family Court of Australia (Division 2)
• Employment law class actions, Jonathan Kirkwood SC and Siobhan Kelly of the Victorian Bar
• The positive duty to prevent sexual harassment, Kirsty Stewart and Paris Dean of the South Australian Bar

Time : Wednesday, 13 September 2023, 5.30 pm to 7.00 pm (EST)

Place : Sydney Registry of the Federal Court

See details here.

Calls for sexual assault trial reform in NSW as report finds 'entrenched' court practices out of step with law by Sue Daniel on ABC

FMG, traditional owners and WA government face off in $500m native title case by Daniel Mercer, Jane Murphy and Jesmine Cheong on ABC

Avoiding a crime when changing trustees – application of MLC Investments Ltd by Esterina Azzi of McCullough Robertson

Distinguishing an employee from an independent contractor by Lynden Albiston of Lander and Rogers

Federal jurisdiction and post-conviction review mechanisms : Attorney-General (Cth) v Huynh [2023] HCA 13 by Jack Zhou on Australian Public Law

High Court decision signals stricter penalties for foreign bribery offences by Howard Rapke, Gemma Hannah and Adele Murchie of Holding Redlich

High Court paves way for increased penalties for corporate offending by Richard Harris, Colleen Platford, Antonia Garling, Peter Munro and David Wiseman of Gilbert + Tobin

Is change on the horizon for corporate insolvency in Australia? by Foez Dewan of McCabes

Law Report (ABC) for 8 August presented by Damien Carrick - Could sending an emoji land you in legal trouble?

One judiciary and the administration of justice in New South Wales, the Honourable A S Bell, Address to the Local Court of New South Wales Conference 2023

What additional protection does an indemnity provide? by Michael Swinson and Inna Kuzminykh of King and Wood Mallesons

When can an employer be held vicariously liable for an employee's wrongful act? by Brigitte Challis and Norman Lucas of Maddocks

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - A Chat With The Wigs' India Correspondent Siddharth Narrain

Estoppel by conduct and election (3rd ed) / Patrick A. Keane

Owner-driver law in Australia / Luis Izzo, Nigel Ward and Julian Arndt

Scrutton on charterparties and bills of lading (24th ed) / Howard Bennett, Steven Berry, David Foxton, Christopher F. Smith and David Walsh

The Bar Library will be closed from 12-1pm on Thursday, 17 August.

We apologise for any inconvenience.

Artificial intelligence : a fractured regulatory environment by Lisa Fitzgerald, Keely O'Dowd and Kenneth Leung of Lander and Rogers

Canadian Court gives thumbs up to emoji in contract case – would an Australian court? by Lauren Parnaby, Mariam Azzo, Tim Webb and Samy Mansour of Clayton Utz

Conversations with Richard Fidler - Toby Walsh : the power and perils of Chat GPT

High Court says set off not available as a defence to unfair preference claim by Justin Pennay of McCabes

Law Report (ABC) for 1 August presented by Damien Carrick - 02/ Justice, but not in my language presented by Kristina Kukolja

The USA's peculiar state laws on Info Journal

What is the difference between 'reasonable endeavours' and 'best endeavours'? by Michael Swinson and Nathaniel Gleeson of King and Wood Mallesons

When nature calls : recent High Court decision clarifies the scope of vicarious liability by Laura Hillman and Hilary Searing of Clayton Utz

Callan v Chawk [2023] FCA 898 - defamation, plastic surgeon, "former patient of the applicant, published a defamatory review of the applicant on an internet ratings website for medical practitioners"

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 - torts, negligence

Disorganized Developments Pty Ltd & Ors v State of South Australia [2023] HCA 22 - statutory interpretation

Gill v Ethicon Sàrl (No 12) [2023] FCA 902 - "incorporated solicitors controlled by a public company and who claim to be entitled to $82 million in costs and disbursements for running a class action now seek an additional alleged "just" deduction of $32 million from the settlement proceeds"

The King v Jacobs Group (Australia) Pty Ltd formerly known as Sinclair Knight Merz [2023] HCA 23 - statutory construction

In progress

Crimes Amendment (Breaking and Entering) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 3 Aug 2023

Drug Misuse and Trafficking Amendment (Appointed Persons) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 2 Aug 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 3 Aug 2023

Fiscal Responsibility Amendment (Wellbeing Budget) Bill 2023 - in Legislative Council, 2R, Wed 2 Aug 2023

Forestry Amendment (Timber Harvesting Safety Zones) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 2 Aug 2023

ICAC and LECC Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 3 Aug 2023

Revenue, Fines and Other Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 1 Aug 2023

Road Transport Amendment (Medicinal Cannabis) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 2 Aug 2023

Awaiting assent

Anti-Discrimination Amendment (Religious Vilification) Bill 2023 - Awaiting Assent, Thu 3 Aug 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - Awaiting Assent, Wed 2 Aug 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - Awaiting Assent, Thu 3 Aug 2023

Negatived

Government Sector Finance Amendment (Grants) Bill (No 2) 2023 - Negatived, 2R negatived on division in the LA, Thu 3 Aug 2023

Notice of motion

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 3 Aug 2023

Gaming Machines Amendment (Cashless Gaming Cards) Bill 2023 - in Legislative Council, Notice of Motion, Tue 1 Aug 2023

Mining and Petroleum Legislation Amendment (Prohibition of New Coal Mining and Gas Drilling) Bill 2023 - in Legislative Council, Notice of Motion, Tue 1 Aug 2023

Judge blocks Arkansas law allowing librarians to be charged over 'harmful' books in The Guardian

Ned Kelly's descendants claim cultural heritage rights over the site of his last stand. The Supreme Court disagrees by Bonny Cassidy on The Conversation

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.

Admiralty claims / Andrew M. Tettenborn and Francis D. Rose

Australian annotated class actions legislation (3rd ed) / Michael Legg and Ross McInnes

Carver on charterparties (2nd ed) / Howard Bennett (ed.), Julia Dias, Stephen Girvin, Stephen Hofmeyr, Alexander MacDonald, Peter MacDonald Eggers and Richard Sarll

Dilapidations : the modern law and practice (7th ed) / Nicholas Dowding, Kirk Reynolds and Alison Oakes

Gower principles of modern company law (11th ed) / Paul L. Davies, Sarah Worthington and Chris Hare

The law of personal property (3rd ed) / Michael Bridge, Louise Gullifer, Kelvin Low and Gerard McMeel

Proportionality and facts in constitutional adjudication / Anne Carter

Proclamations commencing Acts

Residential Tenancies Amendment (Rental Fairness) Act 2023 No 9 (2023-409) — published LW 28 July 2023

The answer to everything? A.I. governance and ethics with Prof Ed Santow, Simon Burns, Andrew Hii and Jen Bradley on The Competitive Edge podcast

The art and science of judicial fact-finding, Lady Rose, The Canadian Institute for Advanced Legal Studies, The Cambridge Lectures 2023

Duties of a solicitor as the prosecutor in relation to disclosure by Peter Stokes, Jessica Bland and Jemima Crockford of McCullough Robertson

Jurisdictional error and materiality : recent cases by Will Sharpe, Daniel Stewart and Neil Cuthbert of HWL Ebsworth

Law Report (ABC) for 25 July presented by Damien Carrick - 01/ Justice, but not in my language

Life after FYBR : the expectations of the Australian community in migration character cases by Jason Donnelly, Australian Journal of Administrative Law, vol 30, no 2, pp 139 - 150 (please contact the library for a copy)

Price flexibility in construction contracts : the importance of drafting in price adjustment clauses by Nick Montgomery and Bree O'Connell of Clayton Utz

Reconciling the Voice and section 116 of the Constitution by Michael Douglas on Australian Public Law

Say what you mean and mean what you say – memory and evidence of conversations by Andrew Lacey of McCabes

Test case for legal unreasonableness decision fails in climate-based Court challenge by Nick Thomas, Claire Smith and Alice Brennan of Clayton Utz

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The leaking of legal documents. The cautionary tale of Harriet Harman

Louise Taylor becomes Australia's first female Indigenous Supreme Court judge by Elizabeth Byrne on ABC

Bushfire Survivors for Climate Action Incorporated (INC 1901160) v Narrabri Coal Operations Pty Ltd (ACN 129850139) [2023] NSWLEC 69 - judicial review, "legally unreasonable"

Lambert v Commissioner of Police [2023] NSWIRComm 1071 - alleged police misconduct

American patent law : a business and economic history / Robert P. Merges

The construction and performance of commercial contracts (3rd ed) / S. A. Christensen and W. D. Duncan

Essentials of international law : an Australian context / Math Noortmann and Pauline Collins

Institutional abuse of children : legal remedies and redress in Australia (2nd ed) / Bill Madden, Benjamin Madden and Tina Cockburn

Mediation and conciliation in Australia : principles, process, practice / Laurence Boulle

An uncommon law lawyer : autobiography of the Rt Hon Lord Woolf, CH / Harry Woolf

Workplace investigations : principles and practice (2nd ed) / Paula Hoctor and Kerryn Tredwell