The Library Bulletin

The 5 Cases Podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 2 : R v Dyson [2023] NSWCCA 132, Ritchie v R [2023] NSWCCA 153, AD v State of NSW [2023] NSWCA 115, McQuillan v R (No 2) [2023] NSWSC 443 and Commissioner of Police v Walker [2023] NSWSC 539

The 5 Cases Podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers -

Australia's cyber landscape – how do we compare? by Nicola Charlston and Cheng Lim of King & Wood Mallesons

Evidentiary burden rests on builder to establish combustible cladding replacement is unreasonable by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Jonathan McTigue, Margaret Michaels, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Joanne Teagle and Greg Midgley of Clayton Utz

FWC case highlights the importance of proper procedures for dismissal by Edmund Burke, Allanah Mills and Anneliese Castle of Holding Redlich

High Court confirms liquidators may not rely on the peak indebtedness rule by Justin Pennay of McCabes

Inquiry calls for major reform of Australia's insolvency regime by Jonathon Turner and Sophie Timms of Lander & Rogers

Legal Aid NSW Podcast presented by Cody Baxter - Yarning with an inmate : a perspective from inside

Speech given at the launch of the Filipino Australian Lawyers Association, Justice McEvoy

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - When An Escort To An Interview Room Led To A False Imprisonment

Aboriginal man Daniel Love still at risk of deportation despite landmark High Court ruling, lawyer says by Nicholas McElroy on ABC

Caribbean countries poised to seek UN legal advice on slavery compensation by Lisa O'Carroll in The Guardian

Foreign spies using sensitive court proceedings to collect information, Australia's intelligence community says by Christopher Knaus in The Guardian

Inquiry to consider whether National Security Information Act should be changed or even scrapped by Elizabeth Byrne on ABC

The New South Wales Law Reform Commission has been asked to review the Anti-Discrimination Act 1977 (NSW) and they are calling for preliminary submissions on what should be considered in the review.

See details here.

The deadline for submissions is 29 September 2023.

Elwood v Director of Public Prosecutions [2023] NSWSC 772 - "It is not the place of a magistrate to say, "I intellectually fundamentally disagree with [a judge of the Court of Appeal] in the matter that was delivered yesterday". The doctrine of stare decisis requires that judicial officers in lower courts accept the decision of higher courts. Further, to say of judges of this Court that he does not think that they have "ever been met with reality on the ground in relation to these sort of matters", particularly when their decisions had been cited to him, is to bring this Court and the system of justice into disrepute."

Sarah Singh v Priceline Sutherland Pty Ltd [2023] FWC 1321 - unfair dismissal, domestic violence leave

The NSW Parliament has embarked on a mass digitisation of historical bills and tabled papers, providing a unique insight into more than 160 years of lawmaking never before digitised.

The projects has seen 11,500 PDFs and 15,000 records of historic bills introduced into NSW Parliament since 1856 made available online. This includes the relevant dates of when a bill passed through Parliament as well as bill text, various versions, and explanatory notes (where available).

Confirmation bias in criminal cases / Moa Liden

Government accountability : Australian administrative law (3rd ed) / Judith Bannister, Anna Olijnyk and Stephen McDonald

McCulloch and others v Forth Valley Health Board (Scotland) [2023] UKSC 26 - doctors duty to make the plaintiff aware of alternative treatments

Philipp v Barclays Bank UK PLC [2023] UKSC 25 - banks, duty of care, fraudulent transaction

Schrader v David Broach trading as David Broach Building Services [2023] NSWDC 97 - cost-plus contract

Total Construction Pty Ltd v Catholic Healthcare Limited [2023] NSWSC 585 - recourse to unconditional bank guarantees

Can AI solve the Tower of Babel? by Peter Waters of Gilbert + Tobin

Determining "current market rent" under the Retail Leases Act 1994 (NSW) : what standards must a valuer meet? by David Wilkie and Riley Taylor of Clayton Utz

Law Report (ABC) for 11 July presented by Damien Carrick - 'Tsunami of suffering': Robodebt royal commission findings explained

A locally controlled foreign trading company - must it call Australia home? by Nicholas Wookey, Jack Stuk and Harry Giannakidis of KHQ Lawyers

Navigating complex legislation : when courts disagree about how to interpret defined terms by Liam Prescott and Nick Wray-Jones of DLA Piper

No claim for a residential cost plus contract blowing the budget by Andrew Hales, Mark Glynn and Tom Lawler of MinterEllison

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - The Lord Peach Carries the Sword of Mercy

Supreme Court clarifies applicability of NSW Crimes Act provision to successor fund transfers by Luke Hooper and Jack Trainor of Holding Redlich

The trump card : ENT19 v Minister for Home Affairs [2023] HCA 18 by Douglas McDonald-Norman on Australian Public Law

What is a 'bona fide' claim on unconditional security? by Andrew Hales, Karen Hanigan and Sean Cooley of MinterEllison

Bills assented to

Crimes Legislation Amendment (Assaults on Retail Workers) Act 2023 No 11 — Assented to 13 July 2023

Criminal Legislation Amendment (Knife Crimes) Act 2023 No 12 — Assented to 13 July 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 No 10 — Assented to 13 July 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Act 2023 No 13 — Assented to 13 July 2023

EU passes nature restoration law in knife-edge vote by Ajit Niranjan in The Guardian

Threads : Twitter threatens legal action over Meta's new app by Bernd Debusmann Jr on BBC News

De Smith's judicial review (9th ed) / Harry Woolf

De Smith's principles of judicial review (2nd ed) / Catherine Donnelly, Ivan Hare, Harry Woolf and Jeffrey Jowell

Freezing injunctions in private international law / Filip Saranovic

JADE have added new Zoom training sessions.

Sessions available in July and August :

• Mastering JADE, 4.30pm, 19 August - register here
• Current Awareness with JADE, 4.30pm, 20 July - register here
• Introducing JADE, 4.30pm, 26 July - register here
• Introducing JADE for Barristers, 4.30pm, 2 August - register here
• Getting Savvy with JADE, 4.30pm, 9 August - register here
• Getting Savvy with JADE for Barristers, 4.30pm, 16 August - register here
• Save time Checking and Reviewing Documents, 4.30pm, 17 August - register here
• Mastering JADE, 4.30pm, 23 August - register here
• Mastering JADE for Barristers, 4.30pm, 30 August - register here There are also other sessions later in the year, see the full list here.

If you are unable to attend at these times, Bar members are invited to set up individual sessions with the JADE team here.

The Bar Library will be closed from 10am – 12pm on Thursday, 20 July to allow the Bar Librarians to attend a development course.

We apologise for any inconvenience.

Contractual estoppel (2nd ed) / Alexander Trukhtanov

Nationhood, executive power and the Australian Constitution / Peta Stephenson

Principles of enterprise law : the economic constitution and human rights / Ewan McGaughey

The Bar Library team has recently noticed a disturbing trend whereby our books and other materials are being returned to us damaged with highlighting, underlining and stuck full of post-it notes. The Bar Library's collection is for all members to make use of and this type of vandalism benefits no-one. Please note the relevant Bar Library rules below :

19. Borrowers shall be held responsible for loss of or damage to, any item on loan in their name.

20. Replacement costs will be charged for any item not received by the Library. Further, a $50 processing charge may be levied to replace damaged or lost items. Should these penalties not be paid, the Library will suspend the borrower’s right to borrow until payment in full has been made.

We are not automatically assuming that it is the members themselves causing this damage but as the items go out on member borrowing records it is they who are ultimately responsible for returning the books in the condition in which they were loaned. Please pass this message on to any chambers staff who may be making use of Bar Library materials borrowed in your name.

Canadian judge rules thumbs-up emoji can represent contract agreement by Leyland Cecco in The Guardian

EU sets out first-ever soil law to protect food security and slow global heating by Patrick Greenfield in the Guardian

France passes law allowing museums to restitute Nazi-looted artworks by Tessa Solomon on ARTnews

'Robo judges' could make legal rulings, says Master of the Rolls by Emily Hinkley on Legal Cheek

What is the difference between nationalism and patriotism? by Joshua Holzer on The Conversation

What is the difference between the laws of cricket and the 'spirit' of cricket? by Vaughan Cruickshank on The Conversation

Azimitabar v Commonwealth of Australia [2023] FCA 760 - migration, "I can only wonder at the lack of thought, indeed the lack of care and humanity in detaining a person with psychiatric and psychological problems in a hotel for 14 months."

Carpenter & Anor v Morris & Anor [2023] NSWCA 154 - restitution

South West Terminal Ltd. v Achter Land, 2023 SKKB 116 - thumbs up emoji can represent contract agreement

The 5 Cases Podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 1 : BA v King [2023] HCA 14, PJ v R [2023] NSWCCA 105, Zheng v R [2023] NSWCCA 64, Lawrence v R [2023] NSWCCA 110 and DPP v Rotumah [2022] VCC 1532

Law Report (ABC) for 4 July presented by Damien Carrick - National Anti-Corruption Commission begins investigations; juror misconceptions in sexual assault trials

Managing misinformation in the make-believe world of virtual reality by Peter Waters of Gilbert + Tobin

Not just a new Aged Care Act – the Australian Government's proposal for a new aged care regulatory regime by Angela Wood and Lucille Scomazzon of Maddocks

Ready or not? Here we go. What to expect in a NACC new world by Rebekha Pattison, Emma Lawrence and Hannah Luxford of King and Wood Mallesons

'Skippers, Skimmers and Readers' : Google successful against ACCC once again by Foez Dewan of McCabes

The unintended consequences of consenting without admission to family violence intervention orders by Rachell Davey and Lauren Sibree of Lander & Rogers

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - In NSW Prior False Claims of Sexual Assault Are Inadmissible; Is Reform Needed?

Bills assented to

Parliamentary Remuneration Amendment Act 2023 No 6 — Assented to 03 July 2023

Residential Tenancies Amendment (Rental Fairness) Act 2023 No 9 — Assented to 03 July 2023

Statute Law (Miscellaneous Provisions) Act 2023 No 7 — Assented to 03 July 2023

Statutory and Other Offices Remuneration Amendment Act 2023 No 8 — Assented to 03 July 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.

Proclamations commencing Acts

Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 No 79 (2023-343) — published LW 30 June 2023

In progress

Anti-Discrimination Amendment (Religious Vilification) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 28 Jun 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - in Legislative Assembly, To be reported, Tue 27 Jun 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 29 Jun 2023

Prevention of Cruelty to Animals Amendment (Gassing Devices Prohibition) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 28 Jun 2023

Property Services Council Bill 2023 - in Legislative Council, 2R negatived in the LC, Wed 28 Jun 2023

Residential Tenancies Amendment (Rent Freeze) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 29 Jun 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 27 Jun 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 28 Jun 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 29 Jun 2023

Awaiting assent

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Criminal Legislation Amendment (Knife Crimes) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - Awaiting Assent, Wed 28 Jun 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023 - Awaiting Assent, Thu 29 Jun 2023

Notice of motion

Crimes Amendment (Breaking and Entering) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 29 Jun 2023

Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 27 Jun 2023

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 28 Jun 2023

Minerals and Petroleum Legislation Amendment (Seabed Mining and Drilling and Associated Development Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Thu 29 Jun 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 27 Jun 2023

Can computers create copyright? Applying IP law to the output of generative AI by Daniel Kiley and Paul Sigar of HWL Ebsworth

Censorship in the law reports? by Colin Fong, Australian Law Librarian. Vol. 31 No. 2 2023

Corporate governance – big ideas and debates?, Justice Gordon AC, Harold Ford Memorial Lecture

Cultural icons, fair use and AI - the Prince decision and the future of copyright by Thomas Crowe and Paul Kallenbach of MinterEllison

Fake news? - ACMA to receive new powers to hold digital platforms to account by Sinead Lynch and Adam Walker of Gadens

Hallucination is the last thing you need by Shawn Curran, Sam Lansley and Oliver Bethell, Cornell University

Law Pod UK presented by Robert Kellar KC - NFTs : blockchain technology and the legal framework

Law Report (ABC) for 27 June presented by Damien Carrick - Kids' book points refugee mums to legal help

Lawyers are not obsolete… yet by Sarah Bullock of Cornwalls

The new digital giants by Lisa Fitzgerald of Lander and Rogers

Private international law and voices of children from Sydney Law School

The significance of context in misleading and deceptive conduct cases, Justice Rares, Commercial Law Association Lunchtime Series

UK Government sued over inadequate assessment of environmental impacts of the UK-Australia Free Trade Agreement by Duncan Grieve and Sharon Takhar of Cadwalader Wickersham & Taft

What happens when elderly parents transfer property to their children "upon trust"? by Monica Blizzard of KHQ Lawyers

Criminal lawyer warns artificial intelligence could make courtrooms 'doubt their own eyes' by Dominic Cansdale, Nicholas McElroy, and Jessica Lamb on ABC

Google to scrap local news links in Canada over Online News Act by Madeline Halpert on BBC News

Hundreds file suit targeting Mexico's divisive science law by Myriam Vidal Valero in Nature

Two US lawyers fined for submitting fake court citations from ChatGPT by Dan Milmo in The Guardian

Cappello v Lyons [2023] NSWCA 137 - Does an omission to include a matter in a pleading attract advocate's immunity?

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 - application to wind up foreign air carrier, foreign carrier a "separate entity of a foreign State" within the meaning of the Foreign States Immunities Act 1985 (Cth)

R v Palmer [2023] ACTCA 24 - "where orders of the court erroneously recorded on bench sheet – inconsistency between orders recorded in published judgment and orders recorded on bench sheet – narrative text from judgment erroneously recorded as redundant and inaccurate orders on bench sheet – bench sheet was subsequently amended without explanation"

Common law, equity and statute : a complex entangled system / Mark Leeming

Judicial independence under threat / Dimitrios Giannoulopoulos and Yvonne McDermott (eds.)

Winfield and Jolowicz on tort (20th ed) / James Goudkamp and Donal Nolan