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

The Goldmate appeal : statutory disregard and just terms compensation for compulsory acquisition of land by Patrick Holland and Ben Swain of Gadens

HCF Life's 'pre-existing condition' clause in life insurance contracts declared misleading but not an 'unfair contract term' by Federal Court by Breanna Davies, Edward Martin, Adam Walker, Eve Lillas and Brittany Dorney of Gadens

Law Report (ABC) for 28 January presented by Damien Carrick - Recording Indigenous testimony for use in future compensation claims

Reconceptualising the reproduction right in the age of AI by Rita Matulionyte on SSRN

Right to a referendum, or duty to deliberate? Rethinking normative entitlements to secession by Ron Levy on SSRN

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

Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025] FCA 11 - proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth)

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

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

What are the NSW hate speech laws under consideration after Sydney’s recent antisemitic attacks? by Jordyn Beazley in The Guardian

You can train your nose – and 4 other surprising facts about your sense of smell by Lynn Nazareth 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

The jurisprudence of sandwiches by Sam Williams on SSRN

Law Report (ABC) for 21 January presented by Damien Carrick - Who can be held liable for bushfire damage?

Navigating the new landscape of climate reporting : lessons from New Zealand by Miriam Kleiner and Elena Lambros of Ashurst

Setting aside prior deeds of settlement in the ACT and NSW by Luke O'Kane and Isabella He of Clyde & Co

What ICC arrest warrants tell us about dualism in Australia by Dane Luo on Australian Public Law

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

Mann's annotated Insurance Contracts Act (9th ed.) / Peter Mann and Stanley Drummond

Sentencing in Australia (11th ed.) / Mirko Bagaric, Theo Alexander and Richard Edney

Snell's equity (35th ed.) / Steven Elliot (ed.)

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

The Aristotelian legislator and constituent power by George Duke, Chapter for The Oxford Handbook of Constituent Power (forthcoming)

Can ChatGPT be an author? Generative AI creative writing assistance and perceptions of authorship, creatorship, responsibility, and disclosure by Paul Formosa, Sarah Bankins, Rita Matulionyte and Omid Ghasemi on SSRN

Giving voice to indigenous peoples in a constitutionally conservative way : Edmund Burke, Walter Bagehot and the Uluru Statement from the Heart by Shireen Morris on SSRN

The infamous Stanford prison experiment was flawed – so why is it still so influential today? by Gina Perry on The Conversation

Jurisdictional fact or fiction - can the court decide? by Nikki Miller, Isobel Carmody and Madeleine Matkowsky of MinterEllison

Law Report (ABC) for 31 December presented by Damien Carrick - Two hundred years of the NSW Supreme Court

Law Report (ABC) for 7 January presented by Damien Carrick - NDAs in sexual harassment cases

Law Report (ABC) for 14 January presented by Damien Carrick - Children and medical consent

Watch out! Jail time now in play for wage thieves by Amanda Lyras, Daniel Bartlett, Lily Kitteringham and Benjamin Park of Clayton Utz

When will employers be liable for compensation for injuries sustained at home? by Catherine Dunlop, Emma Short and Sophie Cant of Maddocks

Witness preparation and the corruption of memory : a survey of Australian trial judges by Mark J Steele, Jason M Chin and Celine van Golde in Melbourne University law review, (2024) Volume 48(1) p 152-201

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

Evil corporations in horror fiction by Penny Crofts, Evil Corporations: Law, Culpability and Regulation, Penny Crofts (Ed) Routledge 2025, Chapter 8.

High Court rules employer liable for psychiatric injuries resulting from breach of employment contract by George Haros of Gadens

New Aged Care Act - a turning point for the sector by Lucille Scomazzon, Tamie Duncan-Bible snd Rachel Herkes of Maddocks

What is the rule of law and why does it matter?, Lord Sales, The Robin Cooke Lecture, Victoria University of Wellington/Te Herenga Waka

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

FOGO is GO GO in NSW by Joshua Same, Sarah De Ceglie and Gabriel McGuire of Maddocks

Going out on a Lim : reconceptualising the constitutional limit on preventative detention, Aryan Mohseni, Zachary Gomes and Charlie Ward on SSRN

Launch of the Australasian Association of Private International Law, Chief Justice Bell

Law Report (ABC) for 17 December presented by Damien Carrick - How stressful is it to be a judge or magistrate?

Pre and post nuptial agreements, vitiating factors, and the role of a trial judgePeterNyghMemorialLecture.pdf ""), Justice Edelman, Peter Nygh Memorial Lecture, 20th National Family Law Conference

Reconciling equitable claims with Torrens title by Rohan Havelock on SSRN

Section 7A and Sir John Peden : a constitutional collision between law and politics, Justice Elisabeth Peden

The United Kingdon Supreme Court confirms the immovables rule is immovable : Kireeva v Bedzhamov [2024] UKSC 39 by Laura Mills, Commercial Bar Association

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Final Episode of the Year - Answering YOUR Questions (Part 2)

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

Gemi 193 Pty Ltd v Zhu [2024] NSWSC 1113 - equity, guarantees, unconscionable conduct, special disability or disadvantage

Harris Health Care Pty Ltd (receivers and managers appointed) (in liq) v Hayes [2024] NSWCA 301 - set-off, application of "rule in Cherry v Boultbee"

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

Law Report (ABC) for 10 December presented by Damien Carrick - Decades on, suspect charged over Easey Street killings; Warning signs and legal liability

Liability in nuisance derailed by Chris Erfurt, Will Golinelli and Joshua Keenan of Clayton Utz

Technology without borders : global co-operation and domestic impacts, Justice Perry, Australian Government Solicitor Administrative Law Conference

Waller v Barrett : another step towards a right of action for serious invasions of privacy by Dean Gerakiteys, Joel Parsons and Grace Griffiths of Clayton Utz

Where to now? The High Court weighs in on abuse claims by Elias Eliadis of Clayton Utz

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, compensation, market value of land, statutory disregard of certain increases or decreases in value of land, public purpose for which the land acquired, meaning of "public purpose"

Kramer v Stone [2024] HCA 48 - equitable estoppel

Oswell v Sublime Install Pty Ltd [2024] NSWSC 1586 - workers' compensation

Pafburn Pty Limited v The Owners - Strata Plan No 84674 [2024] HCA 49 - torts, negligence

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.