The Library Bulletin

Developer liability for defects in NSW : non-apportionable and non-delegable by Scott Watson, Josh Hamlin and Olivia O'Flaherty of King and Wood Mallesons

Federal Court orders record penalty for NDIS service provider by Rebecca Jaffe and Frank Lawrence of HWL Ebsworth...

Adani Mining Pty Ltd v Pennings [2024] QSC 302 - torts

Australian Securities and Investments Commission v H C F Life Insurance Company Pty Limited [2024] FCA 1240 - insurance, pre-existing condition...

Proclamations commencing Acts

Child Protection (Working with Children) Amendment Act 2022 No 34 (2025-8) — published LW 24 January 2025

Elephants are not people, US court rules by Maia Davies on BBC News

Prisons don't create safer communities, so why is Australia spending billions on building them? by Emma Russell, Andrew Burridge, Francis Markham, Naama Blatman and Natalie Osborne on The Conversation...

Nonhuman Rights Project v Cheyenne Mountain Zoo 2025 CO 3 - "Colorado's habeas statute only applies to persons, and not to nonhuman animals, no matter how cognitively, psychologically, or socially sophisticated they may be"

Sam v QBE Insurance (Australia) Limited [2025] NSWPICMP 1 - motor accidents, threshold injury, decision in Abawi potentially results in problematic outcomes

Abawi strikes – skin abrasion certified as non-threshold by Peter Hunt of McCabes

How the Administrative Review Tribunal supports vulnerable parties, Justice Kyrou, International Association of Refugee and Migration Judges Asia Pacific Chapter Conference...

Copinger and Skone James on copyright (19th ed.) / Gwilym Harbottle, Nicholas Caddick and Uma Suthersanen

Gale on easements (22nd ed.) / Jonathan Gaunt and Paul Morgan

Hewitt on joint ventures (8th ed.) / Ian Hewitt, Simon Howley and James Parkes...

A "dramatic expansion" of liability? High Court considers liability of developers and contractors for negligent construction work by Luke Carbon, Bryce Wray and Diana Chen of Ashurst

AI means the end of internet search as we've known it by Mat Honan in MIT Technology Review...

Due to the early completion of maintenance works the Bar Library will now reopen on Wednesday 22 January. The Librarians will continue to work remotely (9am-5pm) up until that date – hard copy materials will remain unavailable until reopening. We apologise for any inconvenience.

Mobius Group Pty Ltd v Inoteq Pty Ltd [2024] WADC 114 - third party fraud, negligence, duty of care, economic loss from fraudster's interference in email communications

Surveillance tech is changing our behaviour – and our brains by Kiley Seymour and Roger Koenig on The Conversation

WA court ruling sets precedent for business liability when exposed to scammers by Grace Burmas on ABC

Australia's long-delayed privacy reform Bill - first instalment only? by Katharine Kemp and Graham Greenleaf in (2024) 191 Privacy Laws & Business International Report 27-29

Compulsory acquisition - reinstatement claim for open space goes down the drain by Tom White and Alex Beale of Lander and Rogers...

Is Australian English under threat from the Americans? It's not as simple as you might think by Howard Manns and Kate Burridge on The Conversation

Jimmy Carter's idealism and humility left a lasting imprint on American life by Jared Mondschein on The Conversation

Inner West Council v Transport for NSW [2024] NSWLEC 138 - valuing open space land under the Land Acquisition (Just Terms Compensation) Act 1991

SY v Public Guardian [2024] NSWSC 1669 - guardianship, factors warranting an exercise of parens patriae jurisdiction

Due to building works taking place during January, the Bar Library is operating remotely. Opening hours are 9am-5pm and access to hard copy materials will be unavailable until the Bar Library premises reopens on Tuesday 28 January. We apologise for any inconvenience during this time.

Australian employers may be liable for psychiatric injury caused by a breach of an employment contract, High Court rules by Vince Rogers and Cristina Trafficante of Lander and Rogers

Bunnings' use of facial recognition technology found to breach the Privacy Act – what lessons can be learned? by Dudley Kneller, Sinead Lynch, Antoine Pace and Mitchell Wright of Gadens...

Crypto Open Patent Alliance v Dr Craig Steven Wright [2024] EWHC 3315 (Ch) - contempt of court, "a clear breach" of a court order in March that barred him from launching or threatening further legal action related to Bitcoin

Dairy UK v Oatly AB [2024] EWCA Civ 1453 - 'milk' can only be used to market animal based products...

Can you run through airport security for love? Leave a child home alone? Here’s what the law says about Christmas movies by Rick Sarre, Ben Livings, Jennifer McKay, Matthew Atkinson, Michelle Fernando, Paula Zito and Sarah Moulds on The Conversation

Homeless Canberra man appeals unauthorised camping conviction for sleeping in his car on national land by Charlotte Gore on ABC

Annotated criminal legislation New South Wales 2024-2025 / Roderick N. Howie and Peter A. Johnson

Annotated family law legislation (8th ed.) / Richard Chisholm, Julie Kearney and Martha R. M. Barnett

The Bar Library will close from midday on Friday 20 December. Due to building works taking place during January, the Bar Library will operate remotely after reopening on 6 January 2025. Opening hours will be 9am-5pm and access to hard copy materials will be unavailable until the Bar Library premises reopens on Tuesday 28 January. We apologise for any inconvenience during this time.

Historic climate change advisory : what the case before the International Court of Justice might mean by Zunaida Moosa Wadiwala on The Conversation

Mexico just put animal welfare into its national constitution by Sam Delgado on Vox

The 5 cases podcast presented by Caitlin Akthar of Forbes Chambers, Sophie Anderson of Commercial Bank Chambers and Paul Coady of Public Defenders Chambers - Episode 13 : Lee v R (Cth) [2024] NSWCCA 202, R v Youseff (No 3) [2024] NSWSC 1261, RE v R [2024] NSWCCA 180, Barwick v R [2023] NSWCCA 139, McGregor v R [2024] NSWCCA 200

Bankruptcy in the space sector, Akshaya Kamalnath, ANU College of Law...

Commonwealth of Australia v Sanofi [2024] HCA 47 - damages, generic pharmaceutical products

Elisha v Vision Australia Limited [2024] HCA 50 - damages, breach of contract

Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales [2024] NSWCA 292 - compulsory acquisition of land...

Derham on the law of set-off (5th ed.) / Rory Derham

The Bar Librarians request that members please return any overdue items or items that will not be used over the holiday closure period.

Please remember that the physical premises of the Bar Library will be closed from 20 December 2024 until 28 January 2025.