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New judgments

Fri Jun 23 2023

Secretary, Department of Education v Derikuca [2023] NSWCA 94 - administrative law, certiorari

Sun v R [2023] NSWCCA 147 - "In my opinion, the correct construction is that a trial judge is granted a power to discharge an individual juror based on that juror’s capacity to perform the function of a juror."

Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660 - Aboriginal and Torres Strait Islander peoples, "novel claim for interference with use and enjoyment of land, including traditional community and cultural uses – claim for reduction of value in land, and inconvenience and distress"

Interesting articles, speeches and podcasts

Fri Jun 23 2023

Developments in commercial and corporations case law and practice, The Honourable Justice Ashley Black​, Law Society of New South Wales

Fergus, prison visitor on Conversations with Richard Fidler

Gremlins, Borgs, and judicial impartiality in multi-member courts: QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 by Sarah Fulton and Geneviève Murray on Australian Public Law

High Court GST case impacting government entities by Rhys Guild, Bastian Gasser, John Russell, Aaron Chisholm and Jesse Guo of Minter Ellison

Law Report (ABC) for 20 June presented by Damien Carrick - Does Australia need a Criminal Cases Review Commission?

A payment claim by another name by Robert Riddell and Tautvydas Anusaitis of Piper Alderman

The thin red line : Australian court redlines confidentiality of arbitration proceedings by Leon Chung, Guillermo García-Perrote and Inigo Kwan-Parsons of Herbert Smith Freehills

When is a food not a food? The mushroom case study by Charles Fisher of KHQ Lawyers

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Not your average break and enter : BA v The King [2023] HCA 14

New and updated NSW Bills

Fri Jun 23 2023
In progress

Crimes Legislation Amendment (Assaults on Retail Workers) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Jun 2023

Criminal Legislation Amendment (Knife Crimes) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 20 Jun 2023

Fiscal Responsibility Amendment (Wellbeing Budget) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 21 Jun 2023

Government Sector Finance Amendment (Grants) Bill (No 2) 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 22 Jun 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 22 Jun 2023

Awaiting assent

Parliamentary Remuneration Amendment Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Residential Tenancies Amendment (Rental Fairness) Bill 2023 - Awaiting Assent, Thu 22 Jun 2023

Statute Law (Miscellaneous Provisions) Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Statutory and Other Offices Remuneration Amendment Bill 2023 - Awaiting Assent, Wed 21 Jun 2023

Notice of motion

Constitution Amendment (Water NSW and Local Water Utilities) Bill 2023 - in Legislative Assembly, Notice of Motion, Wed 21 Jun 2023

Conversion Practices Prohibition Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 - in Legislative Council, Notice of Motion, Tue 20 Jun 2023

Equality Legislation Amendment (LGBTIQA+) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Petroleum (Onshore) Amendment (Liverpool Plains Prohibition) Bill 2023 - in Legislative Council, Notice of Motion, Tue 20 Jun 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - in Legislative Council, Notice of Motion, Thu 22 Jun 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 20 Jun 2023

Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Water Management Amendment (Water Access Licence Register) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 22 Jun 2023

Interesting articles, speeches and podcasts

Fri Jun 16 2023

Budding problem – ACCC proceeding against 'local' florist by Joanne Jary and Kayla Plunkett of Holding Redlich

The Constitution and state tribunals, The Honourabl​e Justice R​. T. Beech-Jones, edited version of the 15th Whitmore Lecture

The Constitutional relationships between 'just terms' acquisition, Territories, and Native Title : Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia by Aaron Moss on Australian Public Law

Law Report (ABC) for 13 June presented by Damien Carrick - US lawyer faces sanctions over ChatGPT use; what family courts can do for Indigenous Australians

Limits on Non-Statutory Executive Power : Davis v MICMSMA; Davis v Secretary of Department of Home Affairs [2023] HCA 10 by Maria O'Sullivan on Australian Public Law

Looking beyond the grey in life : additional clauses that may fall foul of the UCT regime by Maeve Moore of King and Wood Mallesons

More work to do – inquiry into banks dealing with deceased estates by Sonia Apikian and Susan Verginis of Gadens

No gear change : high bar to prove unconscionable conduct reinforced in ACCC v Mazda appeal by Sarah Fregon, Nicola McGrady and Sam Cleeve of Lander & Rogers

Subjective intention in the law of contract – its role and limits, The Honourable Justice M. J. Leeming​, Bar Association of Queensland, University of Queensland and Supreme Court of Queensland Library

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Domestic violence retractions : a flawed basis for prosecution

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

Interesting articles, speeches and podcasts

Thu Jun 08 2023

Farewell Ceremony for the Honourable Justice Paul Brereton AM RFD as a Judge of the Supreme Court of New South Wales and as a Judge of Appeal

FWC confirms significant increase to national minimum and award wages by Natasha Jones and Grace Sinclair of Holding Redlich

Keynote speech at SPLG Conference, Lord Sales, Scottish Public Law Group Conference

Law Report (ABC) for 6 June presented by Damien Carrick - Ben Roberts Smith loses defamation case, Kathleen Folbigg released from prison

Money in Australian electoral politics : reforming the morass by Graeme Orr on Australian Public Law

Remarks of the Hon. Justice O'Meara, Victorian Bar Readers' Dinner, Melbourne, 18 May 2023

Subjective intention in the law of contract – its role and limits, Honourable Justice MJ Leeming​, Bar Association of Queensland, University of Queensland and Supreme Court of Queensland Library

Supreme Court expands interpretation of 'address' under the Corporations Act by Howard Rapke, Alana Giles, and Michael Gu of Holding Redlich

"There and back again - the last quarter century", Honourable Justice MJ Leeming​, Opening Keynote Address for ALAANZ conference, Kimpton Margot Hotel, Sydney

Library update

Thu Jun 08 2023

The Bar Library will be closed from 12-3pm on Thursday 15 June to allow the Librarians to attend a development session. We apologise for any inconvenience.

New books

Fri Jun 02 2023

Interesting articles, speeches and podcasts

Fri Jun 02 2023

Australia moves on online safety by Adrian Lawrence, Adnrew Stewart and Allison Manvell of Baker McKenzie

Court of Appeal rectifies evidentiary burden in relation to combustible cladding claims by Gemma Dehn and Yasmin Bell of Hall and Wilcox

Experimental proof from overseas proceedings – can I use it in Australia? by Ben Miller, Stephen Rohl and Jenny Wong of Maddocks

Law Report (ABC) for 30 May presented by Damien Carrick - PwC tax leaks scandal; overcoming obstacles for deaf & blind jurors

Lifting our gaze : an update on the Australian space industry and satellite cyber security by Annabel Griffin, Kate Creighton-Selvay, Sean Field, Joel Bourke and Jack McNally of King and Wood Mallesons

Only doctors with advanced surgical training to use the title "Surgeon" by Michael Gorton AM and Lauren Jones of Russell Kennedy

The Parliamentary Joint Committee's corporate insolvency inquiry with speakers Dr Jason Harris and Michael Murray, chaired by Lindsay Powers, from Sydney law School

Saving the Franklin, episode 1, hosted by Jo Lauder on Dig

Sentencing Explained presented by the Hon Peter McClellan AM KC - Episode 19 : An insight into parole with the Hon James Wood AO KC

Voice referendum - would it undermine equality in the Constitution?, Anne Twomey on Constitutional Clarion

When is a refusal to complete a rehabilitation plan unreasonable? – Grima and K&S Freighters [2023] AATA 769 (17 April 2023) by Anthony Highfield and James McIntyre of HWL Ebsworth

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - To charge or not to charge - the question of when a person can be prosecuted

Attend : The Bare Pit : In Victory and Defeat

Fri Jun 02 2023

Attend : The Bare Pit : In Victory and Defeat presented by The Ethics Centre and Parliament of New South Wales

Time : Friday 16 June 2023, 1pm – 2pm AEST

Place : NSW Parliament House and livestream

See details here.

Improve your research skills

Fri Jun 02 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.

New and updated NSW Bills

Fri Jun 02 2023
In progress

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 - in Legislative Council, Referred to committee for inquiry and report, Wed 31 May 2023

Independent Commission Against Corruption Amendment (Validation) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 31 May 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023 - in Legislative Council, Awaiting mover's 2R Speech, Thu 1 Jun 2023

Parliamentary Remuneration Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 1 Jun 2023

Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 31 May 2023

Property Services Council Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 31 May 2023

Statute Law (Miscellaneous Provisions) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Tue 30 May 2023

Statutory and Other Offices Remuneration Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 1 Jun 2023

Awaiting assent

Constitution Amendment (Sydney Water and Hunter Water) Bill 2023 - Awaiting Assent, Thu 1 Jun 2023

Electoral Funding Amendment (Registered Clubs) Bill 2023 - Awaiting Assent, Thu 1 Jun 2023

First Home Buyer Legislation Amendment Bill 2023 - Awaiting Assent, Thu 1 Jun 2023

Notice of motion

Electoral Funding Amendment (Property Developers) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 1 Jun 2023

Government Sector Finance Amendment (Grants) Bill (No 2) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 1 Jun 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 1 Jun 2023

News

Fri May 26 2023

New judgments

Fri May 26 2023

Mānuka Honey Appellation Society Incorporated v Australian Mānuka Honey Association Limited [2023] NZIPOTM 19 - mānuka honey

R v Fleming [2023] NSWSC 560 - "the "specialised knowledge" upon which Professor Smith's opinions are said to be based appears to be more akin to that which might be possessed by a well-read individual who is informed with respect to contemporary world politics."

Smith v R [2023] NSWCCA 118 - whether logic of acquittal of murder and manslaughter necessarily gives rise to an acquittal of assault occasioning death

Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75 - relationship between native title, the territories power and the requirement that acquisition of property be on just terms

Interesting articles, speeches and podcasts

Fri May 26 2023

Between a rock and a hard place - when is a resignation voluntary or forced? by Trent Sebbens, Kiana Hunter, and Georgia Chahou of Ashurst

Bringing home reform : a principles-based approach to regulation of construction for residents' safety by Matthew Bell, (2023) 49(1) Monash University Law Review (advance)

Compliance with LEP controls held not to be a jurisdictional fact by Josie Walker and Charlotte O'Brien of Maddocks

Facial recognition technology : does the right not to be 'seen' beget the wrong of being 'mis-seen' by Peter Waters of Gilbert + Tobin

Farewells to Chief Justice Allsop AC - Sydney, Hobart, Melbourne, Brisbane, Perth, Adelaide

A harsh reminder that parties must negotiate in good faith by Susanne Rakoczy, Eternity Lim and Kenya Walker of Maddocks

The ius gentium in the Graeco-Roman legal experience by Samantha Allan from The University of Edinburgh

In NSW, the DBP Act is about to extend to the commercial sector, encompassing projects involving hotels and aged care facilities by Matthew Taylor and Ryan James of Gadens

Law Pod UK Episode 185 : Is A.I. coming for the lawyers?, presented by Rosalind English, discussion with Professor Susskind

Law Report (ABC) for 23 May presented by Damien Carrick - Remorse and the law

Residential focus : jurisdiction to deal with DBPA claims – the story so far by Christine Jones and Meru Sharma of Holding Redlich

Reversing parliamentary defeat by delegated legislation : the case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 by Tom Hickman KC and Gabriel Tan on UK Constitutional Law Association

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Kathleen Folbigg - Serial killer or grave miscarriage of justice?