The Library Bulletin

The Bar Library will be closed from 12pm on Thursday 12 December to allow the Librarians to attend the Bar Association Christmas lunch. We apologise for any inconvenience.

Control of government action : text, cases and commentary (7th ed.) / Robin Creyke, Matthew Groves, John McMillan and Mark Smyth

Language and legal judgments : evaluation and argument in judicial discourse / Stanislaw Gozdz-Roszkowski

Law, gender identity, and the brain : exploring brain-sex theories in judicial decisions on trans and intersex minors / Aileen Kennedy

Prosecuting crime in the public interest : how tension between independence and accountability threatens the rule of law in Australia / Kellie Toole

Proclamations commencing Acts

Equality Legislation Amendment (LGBTIQA+) Act 2024 No 71 (2024-599) — published LW 29 November 2024

In progress

Health Services Amendment (Hospital Helipads) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Fri 22 Nov 2024

Awaiting assent

Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 - Awaiting Assent, Fri 22 Nov 2024

Public Health (Tobacco) Amendment Bill 2024 - Awaiting Assent, Fri 22 Nov 2024

Transport Administration Amendment (NSW Motorways) Bill 2024 - Awaiting Assent, Fri 22 Nov 2024

District Court judge says trial wait times across NSW are 'intolerable' by Giselle Wakatama on ABC

More than 30 Australian laws changed overnight. Here's what's new by Jake Evans on ABC

Pop star Katy Perry wins appeal in trademark battle against Sydney fashion label Katie Perry by Holly Tregenza on ABC

Anyone you are related to can be used against you : criminal discovery statutes and investigative genetic genealogy by Caroline Levine in Cardozo Law Review, Volume 46, Issue 1, Pages 227–66; 2024

ASF17 v Commonwealth and the illusion of choice by Anna Talbot on Australian Public Law

High Court defines boundaries of vicarious liability and permanent stays by Brigitte Challis, Norman Lucas, Erin Hourigan, and Katherine Driscoll of Maddocks

It takes all kinds - the Federal Court of Australia issues decision on coffee jar trade mark dispute by Shehana Wijesena, Sanya Bhatnagar and Jonathan Wong of Bird and Bird

Law Report (ABC) for 26 November presented by Damien Carrick - How should the justice system respond when a judge commits a crime?

The limits of equitable subrogation : confirmation that a third party payer cannot force its way into a multi party security trust deed by Sam Dundas and Vanessa Coutts of King and Wood Mallesons

A tale of two torts? by Jacky Li of Clyde and Co

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - End of Year Special! Answering Listener Questions!

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

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.

All Australian residents are entitled to sign up for a National Library of Australia library card, see the registration page here and remember to read the Library card terms and conditions.

The card will allow you to access online databases through the eResources portal, from anywhere in Australia.

Killer Queen, LLC v Taylor [2024] FCAFC 149 - trade marks, Katy Perry, Katie Perry

Milne v SDN Children’s Services and BRC Recruitment Pty Ltd [2024] NSWSC 1495 - torts, negligence, where plaintiff with pre-existing osteoarthritis in left knee slipped and fell on spilled food in commercial kitchen, whether defendants' tortious conduct caused the need for surgery

Control of government action : text, cases and commentary (7th ed.) / Robin Creyke, Matthew Groves, John McMillan and Mark Smyth

Prosecuting crime in the public interest : how tension between independence and accountability threatens the rule of law in Australia / Kellie Toole

Hemachandran and another v Thirumalesh (deceased) (by her litigation friend, The Official Solicitor) and another (MIND intervening) [2024] EWCA Civ 896 - medical treatment

R v Tembeleski (No 2) [2024] NSWDC 504 - criminal procedure, jury, discharge of individual juror, disobeying directions against research

Turnbull v Kyogle Council [2024] NSWSC 1297 - common law damages

Hemachandran and another v Thirumalesh (deceased) (by her litigation friend, The Official Solicitor) and another (MIND intervening) [2024] EWCA Civ 896 - medical treatment

R v Tembeleski (No 2) [2024] NSWDC 504 - criminal procedure, jury, discharge of individual juror, disobeying directions against research

Turnbull v Kyogle Council [2024] NSWSC 1297 - common law damages

Bunnings breached privacy laws by using facial recognition on customers, Commissioner finds by Ange Lavoipierre on ABC

Court rules that patients have a right to disbelieve doctors by Dominic Wilkinson, Bryanna Moore and Johnna Wellesley on The Conversation

Injured motorcyclist awarded $13.5 million in NSW Supreme Court legal test case by Hannah Ross on ABC

Treaties, truth and equality : how NZ, Australia and Canada are all struggling with colonial politics by Dominic O'Sullivan on The Conversation

In progress

Automated External Defibrillators (Public Access) Bill 2024 (No 3) - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 21 Nov 2024

Automatic Mutual Recognition Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 20 Nov 2024

Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 - in Legislative Assembly, To be reported, Thu 21 Nov 2024

Crimes (Administration of Sentences) Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 19 Nov 2024

Crimes Amendment (Animal Sexual Abuse) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Nov 2024

Energy Amendment (Pipelines and Gas Safety) Bill) 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Thu 21 Nov 2024

Inspector of Custodial Services Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned until first sitting day in the next sitting period, Wed 20 Nov 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 19 Nov 2024

Mental Health Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Thu 21 Nov 2024

Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Thu 21 Nov 2024

Public Health (Tobacco) Amendment Bill 2024 - in Legislative Assembly, To be reported, Thu 21 Nov 2024

Strata Schemes Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 20 Nov 2024

Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 21 Nov 2024

Transport Administration Amendment (NSW Motorways) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Wed 20 Nov 2024

Bills assented to

Energy Amendment (Long Duration Storage and Investment) Act 2024 No 83 — Assented to 21 November 2024

Fines Amendment (Parking Fines) Act 2024 No 79 — Assented to 21 November 2024

Justice Legislation Amendment (Children) Act 2024 No 81 — Assented to 21 November 2024

Portable Long Service Leave Legislation Amendment Act 2024 No 84 — Assented to 21 November 2024

Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024 No 85 — Assented to 21 November 2024

Statute Law (Miscellaneous Provisions) Act (No 2) 2024 No 82 — Assented to 21 November 2024

Water Legislation Amendment Act 2024 No 80 — Assented to 21 November 2024

Awaiting assent

Crimes Amendment (Obstructing a Railway) Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Public Health (Tobacco) Amendment Bill (No 2) 2024 - Awaiting Assent, Wed 20 Nov 2024

Revenue Legislation Further Amendment Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Royal Botanic Gardens and Domain Trust Amendment Bill 2024 - Awaiting Assent, Wed 20 Nov 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Witness Protection Amendment Bill 2024 - Awaiting Assent, Thu 21 Nov 2024

Notice of motion

Abortion Law Reform Amendment (Health Care Access) Bill 2024 - in Legislative Council, Notice of Motion, Thu 21 Nov 2024

Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2024 - in Legislative Council, Notice of Motion, Thu 21 Nov 2024

Health Services Amendment (Hospital Helipads) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 21 Nov 2024

Roads Amendment (Wildlife Impacts) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 19 Nov 2024

Corporate misconduct and white collar crime in Australia : regulation, investigation and enforcement / Olivia Dixon, Michael Legg and Stephen Speirs

Foundations of American contract law / James Gordley

The humanity of law : selected essays of James Allsop / Ruth C. A. Higgins and Kevin Connor (eds.)

Law for leviathan : constitutional law, international law, and the State / Daryl J. Levinson

Lawyers professional responsibility (8th ed.) / G. E. Dal Pont

Statistics in the law of evidence / Nicholas Lennings

Understanding construction law (3rd ed.) / Jeremy Coggins, Phil Evans and Tom Davie

High Court rejects expansion of vicarious liability by Sauming Chan and Sara Tilling of Hall and Wilcox

The history and influence of McGregor on damagesLinkedInArticle.pdf ""), Justice Edelman in Celebrating 225 Years of Sweet & Maxwell : Discover the Stories Behind the Books

Is there too much access to administrative justice : a project for the revived Administrative Review Council?, Acting Justice Griffiths

Law Report (ABC) for 19 November presented by Damien Carrick - Vicarious liability and the Catholic Church; Driving with medicinal cannabis

Looking forward to legal comity or divergence, Lady Rose, La Ligue Internationale du Droit de la Concurrence Annual Congress

"Reasonableness" & a Code of Conduct?, Justice Lee, Media Freedom Summit and Communication and Media Law Association Oration

Scent trade marks : the sweet scent of IP protection by Jenny Mackie of Michael Buck IP

The significant origins of the modern corporation, Professor Susan Watson, Ross Parsons Corporations Law Lecture 2024

That funny feeling in Division 105A of the Criminal Code : Benbrika and the INSLM Review by Samuel Naylor on Australian Public Law

Unforeseen utilities delays not a nuisance by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Katherine Mallik, Greg Midgley, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Natalie Speranza and Joanne Teagle of Clayton Utz

The work of a Justice of the UK Supreme Court, Lord Burrows, Oxford Union

Courts in federal systems : federalism disputes, interpretive modalities and scales of political salience by Nicholas Aroney on SSRN

Protection of moveable cultural heritage : give me back my marbles, Justice Perram, based on speeches to the Anglo-Australasian Lawyers Society on 29 February 2024 and to the Hellenic Australian Lawyers Association on 28 October 2024

High Court 'green-lights' loss of value damages for goods capable of repair by John Pavlakis, Tess Grieve and Sarah Philipson of Ashurst

High Court overturns appellate decision in Bird v DP by Alvin Tan and Katie Clark of MinterEllison

Law Report (ABC) for 12 November presented by Damien Carrick - Could re-election end Trump's legal woes? And compensating invasions of privacy

Lawyers and dictators : ten lawyers, and counting.pdf ""), Justice Beech-Jones, John William Perry AO QC Oration, Hellenic Australian Lawyers Association

Pooling orders for companies being wound up: the High Court wades in by Paul James, Jackson Macaulay, Joseph McDonald and Sanjana Surawala of Clayton Utz

Reflections on the concept of "open justice", Chief Justice Mortimer, Seabrook Chambers Public Lecture (edited version)

In progress

Cannabis Legalisation (Plebiscite) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Nov 2024

Crimes Amendment (Obstructing a Railway) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 12 Nov 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - Negatived, Thu 14 Nov 2024

Energy Amendment (Long Duration Storage and Investment) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Wed 13 Nov 2024

Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 14 Nov 2024

Inspector of Custodial Services Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 13 Nov 2024

Justice Legislation Amendment (Civil) Bill 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Tue 12 Nov 2024

Justice Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned until first sitting day in the next sitting period, Wed 13 Nov 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Assembly, To be reported, Wed 13 Nov 2024

Prevention of Cruelty to Animals Amendment (Puppy Farming) Bill 2024 - in Legislative Council, 2R, in progress, Thu 14 Nov 2024

Public Health (Tobacco) Amendment Bill (No 2) 2024 - in Legislative Council, 2R, Debate adjourned, Wed 13 Nov 2024

Return of Proceeds of Crime (Gambling Companies) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 14 Nov 2024

Sound NSW Advisory Board Bill 2024 - in Legislative Council, 2R, Debate adjourned until first sitting day in the next sitting period, Thu 14 Nov 2024

Statute Law (Miscellaneous Provisions) Bill (No 2) 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 12 Nov 2024

Thoroughbred Racing Amendment (Racing NSW Accountability) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Nov 2024

Transport Administration Amendment (NSW Motorways) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 12 Nov 2024

Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 13 Nov 2024

Awaiting assent

Fines Amendment (Parking Fines) Bill 2024 - Awaiting Assent, Wed 13 Nov 2024

Justice Legislation Amendment (Children) Bill 2024 - Awaiting Assent, Thu 14 Nov 2024

Portable Long Service Leave Legislation Amendment Bill 2024 - Awaiting Assent, Thu 14 Nov 2024

Water Legislation Amendment Bill 2024 - Awaiting Assent, Wed 13 Nov 2024

Bills assented to

State Emergency and Rescue Management Amendment Act 2024 No 78 — assented to 11 November 2024

Notice of motion

Automated External Defibrillators (Public Access) Bill 2024 (No 3) - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 (No 2) - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

Health Services Amendment (Industrial Relations) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 12 Nov 2024

High Court to hear more challenges linked to last year's ruling that indefinite immigration detention was not legal by Elizabeth Byrne on ABC

Man's will written on back of food boxes is valid, UK high court rules by Tom Ambrose in The Guardian

Record incarceration rates of Indigenous Australians prompt calls for community-led solutions on First Nations First

Bird v DP (A Pseudonym) [2024] HCA 41 - intentional torts

Johnson v. Settino (SJC 13555) - "This case presents the question whether the issue of "who is at fault" should continue to govern the rights to engagement rings given in contemplation of marriage when the anticipated wedding does not come to pass. More than six decades ago, we recognized that an antenuptial ring generally is understood to be a conditional gift and determined that the donor may recover the ring following a failed engagement, but only if the donor was "without fault.""

RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 - courts, abuse of process

Wenkart v Blacktown City Council [2024] NSWLEC 117 - evidence, expert opinion, use of "we"

Willmot v The State of Queensland [2024] HCA 42 - courts, abuse of process

Enduring courts in changing times : celebrating the 2024 bicentenaries of the Supreme Courts of New South Wales and Tasmania / Alan Robertson (compiler)

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

Proclamations commencing Acts

Strata Managing Agents Legislation Amendment Act 2024 No 65 (2024-559) — published LW 8 November 2024

Transport Administration Amendment Act 2024 No 58 (2024-560) — published LW 8 November 2024

Beef between restauranteurs due to ESTABLISHMENT of trade mark infringement by Ben Miller, Elizabeth Ireland, Natasha Faigenbaum of Maddocks

Can AI win elections? by Peter Waters of Gilbert and Tobin

Communication highways and AI : international responses to manipulated realities, Justice Perry, International JAG Conference

The court of law and the court of public opinion, Justice Banks-Smith, Sir Francis Burt Oration 2024

The Global South critique of liberal constitutionalism by Theunis Roux on Australian Public Law

Judicial review of statutes, Justice Perram, Sir Maurice Byers Lecture

Law Report (ABC) for 5 November presented by Damien Carrick - The dilemmas of parole board decision making

Lives and times of the judges' podcast presented by Fiona Gruber - Patrick Keane AC KC

Tackling bullying and harassment in the Australian legal profession by Penny Thew, Australian Labour Law Association National Conference

The what, where and how of comparative Constitutional law, after the 'Southern Turn' by Ben Schonthal on Australian Public Law

Witness preparation and the corruption of memory : a survey of Australian trial judges by Mark Jeffrey Steele, Jason Chin and Celine van Golde on SSRN

AI hallucinations caused artificial intelligence to falsely describe these people as criminals by Anna Kelsey-Sugg and Damien Carrick for Law Report (ABC)

Federal Court records Karajarri elder evidence ahead of native title, compensation claims by Rosanne Maloney on ABC

High Court rules government's restrictions on freed immigration detainees unconstitutional on SBS News In Depth

High Court rules Toyota and Ford owners can proceed with appeal in faulty vehicles compensation case by Elizabeth Byrne on ABC

How does a jury reach a conclusion? A new SBS show painstakingly recreates details to take us behind the scenes by Xanthe Mallett on The Conversation