The Library Bulletin

Department of Transport and Main Roads v Konrad Gordon Gallaher [2022] QMC 2 - meaning of the phrase 'mobile phone', iPod is not a phone

Miller v MICMA [2022] FCAFC 183 - is an application to the Administrative Appeals Tribunal invalid because it doesn't contain a statement of the reasons for the application, in accordance with the Aministrative Appeals Tribunal Act s 29(1)(c)?

Strata Corporation 12753 Inc v REN [2022] SADC 134 - landlord broke the law by converting a one-bedroom Adelaide apartment into a five-bedroom one

Collier for Miranda : the 1999 Labor Campaign / Barry Collier

Proclamations commencing Acts

Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 No 41 (2022-667) — published LW 11 November 2022

Property Tax (First Home Buyer Choice) Act 2022 No 60 (2022-682) — published LW 11 November 2022

In progress

Aboriginal Land Rights Amendment Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 8 Nov 2022

Crimes Amendment (Custody of Knives) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 10 Nov 2022

Crimes Amendment (Protection of Criminal Defence Lawyers) Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Crimes Legislation Amendment (Coercive Control) Bill 2022 - in Legislative Council, 2R, Thu 10 Nov 2022

District Court Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Environmental Planning and Assessment Amendment (Private Native Forestry) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Fisheries Management Amendment (Enforcement Powers) Bill 2022 - in Legislative Council, To be reported, Wed 9 Nov 2022

Forestry Amendment (Koala Habitats) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 clear days, Wed 9 Nov 2022

Government Sector Audit and Other Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Government Sector Employment Amendment Bill 2022 - in Legislative Council, To be reported, Tue 8 Nov 2022

Independent Commission Against Corruption Amendment (Validation) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 9 Nov 2022

Integrity Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Medicines, Poisons and Therapeutic Goods Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 9 Nov 2022

Motor Accident Injuries Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Thu 10 Nov 2022

NSW Reconstruction Authority Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 9 Nov 2022

Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill 2022 - in Legislative Assembly, To be reported, Wed 9 Nov 2022

Privacy and Personal Information Protection Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 9 Nov 2022

Rock Fishing Safety Amendment Bill 2021 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 10 Nov 2022

Negatived

Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 - Negatived, Thu 10 Nov 2022

Awaiting assent

Animal Research Amendment (Right to Release) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Building and Other Fair Trading Legislation Amendment Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Electronic Conveyancing Enforcement Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Port of Newcastle (Extinguishment of Liability) Bill 2022 - Awaiting Assent, Thu 10 Nov 2022

Treasury and Energy Legislation Amendment Bill 2022 - Awaiting Assent, Tue 8 Nov 2022

Notice of motion

Health Services Amendment (Nurse-to-Patient and Midwife-to-Patient Ratios) Bill 2022 - in Legislative Council, Notice of Motion, Tue 8 Nov 2022

2022 Selden Society lecture — The Hon Keith Mason AC KC on Sir Frederick Jordan, Supreme Court Library Queensland

​Bail : firearms and criminal associations, final report, New South Wales Law Reform Commission

The High Court re-affirms the 'presumption' of advancement by Susan Goodman, William Madani and Jack Townsend of Holding Redlich

Hurdles that must be overcome by motor accident insurers in establishing contributory negligence by Raissa Galang of McCabes

Independence and apparent bias : judicial and arbitral confidence : Halliburton v Chubb, Chief Justice Allsop AO, The Goff Lecture 2022

The King's Prerogative 1622; the Prime Minister's Prerogative 2022, Lord Judge, Selden Society Inns of Court annual history lecture

Law Down Under podcast presented by Chris Patterson - E21 Body image law - with Dr Marilyn Bromberg

Law Report (ABC) for 8 November presented by Damien Carrick - Inside Thomas Embling Hospital, a forensic health facility

On the Record at The National Archives - Treason : people, power and plot

Report No. 62 - Social Issues - Crimes Legislation Amendment (Coercive Control) Bill 2022%20Bill%202022.pdf ""), Standing Committee on Social Issues, New South Wales Legislative Council

Secure Jobs, Better Pay Bill introduced into parliament by Dominic Fleeton, Michaela Moloney, Nick Ruskin, Greta Marks, Aaron Prabhu, Amber Harrington, Nikita Scott and Tasman Skiba of K&L Gates

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 3 : The role and duty of a prosecutor with Director Sally Dowling

The criminal legal system does not deliver justice for First Nations people, says a new book by Chris Cunneen on The Conversation

Michael Kirby named life member of IBA Council, Law Council of Australia media release

New ALRC inquiry : Religious educational institutions and anti-discrimination laws, Australian Law Reform Commission media release

The Supreme Court case that could break Native American sovereignty by Rebecca Nagle in The Atlantic

Awad v The Queen; Tambakakis v The Queen [2022] HCA 36 - criminal practice, error or irregularity in trial

The boundaries of international law : a feminist analysis / Hilary Charlesworth and Christine Chinkin

Expansion of Glencore mine in NSW Hunter Valley refused by IPC by Bindi Bryce and Bridget Murphy on ABC News

Journalists must be protected in police investigations. Here's our five point plan for reform by Rebecca Ananian-Welsh and Jason Bosland on The Conversation

Leeds : Rare book laced with arsenic found in library on BBC News

Rule of law continues five-year decline, but bright spots emerge by Ted Piccone on Brookings Institution

Traditional owners launch High Court bid to hold Parks Australia responsible for sacred site damage in Kakadu National Park by Samantha Dick on ABC News

2022 Dr Charles Perkins Oration, delivered by Larissa Baldwin, from University of Sydney

Asymmetrical Haircuts podcast presented by Janet Anderson, Stephanie van den Berg and Margherita Capacci - Episode 67 – Staging an ICJ intervention with Juliette McIntyre

Clarity in legislation, Diggory Bailey and Luke Norbury, 'Clarity in legislation' in Constantin Stefanou (ed.) Modern legislative drafting - a research companion (Routledge) (forthcoming) (2022)

Confronting race, Chapter III and preventive (in)justice : Garlett v Western Australia by Tamara Tulich and Sarah Murray on Australian Public Law

Innovative justice, The Honourable A S Bell, Sir Ninian Stephen Lecture, University of Newcastle

The Law Down Under podcast presented by Chris Patterson - E20 Regulation of therapeutic goods and medical devices with Dr Marco Rizzi

Law in Action (BBC) presented by Joshua Rozenberg - Scrapping European law

Law Pod UK presented by Rosalind English - What type of property is crypto? with Rob Kellar KC

Law Report (ABC) for 1 November presented by Damien Carrick - 'Juror misconduct' ends parliament rape trial; 'proper inquiry' in road accidents

Net neutrality : big tech vs big telco by Peter Waters, Andrew Low, Tanya Macdonald and Simon Muys of Gilbert + Tobin

The official story of the law by William Baude and Stephen E. Sachs, Oxford journal of legal studies (forthcoming)

Ombuds(man) – what's in a name? by Anita Shtmucke and Matthew Groves on Admin Law Blog

SDCV v Director-General of Security : 'closed evidence' and 'practical justice' by David Hume on Australian Public Law

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - The end of the beginning

Secret ministries and the Constitution : an implied requirement of publication? by Fiona Roughley and Megan Caristo,(2023) Australian Law Journal (forthcoming)

Sentencing Explained podcast presented by the Hon Peter McClellan AM KC - Ep. 02 : Perspectives on the Sentencing Council with Moira Magrath and Howard Brown

Settled practice in statutory interpretation by Diggory Bailey, Cambridge law journal (forthcoming)

Colinvaux's law of insurance (13th ed) / Robert Merkin

Dicey, Morris and Collins on the conflict of laws (16th ed) / Lawrence Collins and Jonathan Harris

Keeping the peace of the realm / Samuel White

Law and religion in the Commonwealth : the evolution of case law / Renae Barker, Paul Babie and Neil Foster (eds)

The naked Australian Constitution : interpretations, inadequacies and implications / Ian Killey

Bamfield & Secretary, Department of Communities and Justice [2022] FedCFamC1A 35 - application of the Hague Convention to an Indigenous Australian child

Guest & Anor v Guest [2022] UKSC 27 - "One of the principal functions of equity is to put right injustice to which the law is otherwise blind, by restraining the rigid application of legal rules where their implementation would be unconscionable."

Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318 - evidence, objection to tender of scientific journal articles

LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 - migration, "nature and scope of the Minister's fact finding task in determining what the national interest"

Secretary, Department of Communities and Justice v KH & Ors [2022] NSWCA 221 - "Assuming such a power existed, the order is nevertheless unfortunate in that any exercise of parental responsibilities is hard enough without having to interpret and apply a 195-page decision in doing so."

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 - permanent stay of a civil claim over sexual offences because the alleged perpetrator has died

JADE have added new Zoom training sessions.

Sessions available : Beginner - Monday 7 November and Wednesday 9 November, 4.30pm Intermediate - Tuesday 8 November, 4.30pm Advanced - Thursday 10 November, 4.30pm Getting Savvy with JADE - Wednesday 23 November, 4.30pm Navigating Case Law using JADE - Wednesday 30 November, 4.30pm Mastering JADE - Wednesday 7 December, 4.30pm

Details and links to register for sessions are available here.

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

Proclamations commencing Acts

Electoral Legislation Amendment Act (No 2) 2022 No 58 (2022-653) — published LW 2 November 2022

Electoral Legislation Amendment Act 2022 No 57 (2022-652) — published LW 2 November 2022

Register for the 2022 Hal Wootten Lecture presented by The Honourable Chief Justice Susan Mary Kiefel AC. Chief Justice Kiefel will discuss landmark cases that have shaped Australian common law.

Time : Thursday 24 Nov 2022 6:30 PM - 7:30 PM AEDT

Place : LAW THEATRE G04, UNSW SYDNEY

See details here.

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

Public Spaces (Unattended Property) Act 2021 No 38 (2022-635) — published LW 28 October 2022

Bills assented to

Childcare and Economic Opportunity Fund Act 2022 No 54 — assented to 26 October 2022

Confiscation of Proceeds of Crime Legislation Amendment Act 2022 No 55 — assented to 26 October 2022

Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022 No 56 — assented to 26 October 2022

Electoral Legislation Amendment Act 2022 No 57 — assented to 26 October 2022

Electoral Legislation Amendment Act (No 2) 2022 No 58 — assented to 26 October 2022

Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59 — assented to 26 October 2022

Asymmetrical Haircuts podcast presented by Janet Anderson and Stephanie van den Berg - Episode 66 – Documenting War Crimes with Anya Neistat and Eva Buzo

Federalism, borders and the pandemic, Anne Twomey at Parliament of New South Wales

Law Report (ABC) for 25 October presented by Damien Carrick - UN experts suspend detention visits; and the use of secret evidence in court

The metaverse : so what is it, exactly? by Cheng Lim and Luke Pallaras of King & Wood Mallesons

Minnimal podcast hosted by Jim Minns - #23: Richard McHugh SC

The Russia-Ukraine War : contemporary developments and challenges, University of Newcastle, chaired by Associate Professor Amy Maguire with panellists Dr. Anton Korynevych, Juliette McIntyre, Dr. Gaiane Nuridzhanian and Dr. Aloka Wanigasuriya

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Trussed and Quartered

Sentencing Explained podcast from the NSW Sentencing Council, chaired by the Hon Peter McClellan AM KC - Episode 1 : Insights into sentencing reform with the Hon Bob Debus AM

Suburban crime and mishap in 1950s and 1960s Sydney on Conversations with Sarah Kanowski

Tribunal decisions, consent, substitute decision makers and the use of restrictive practices in residential aged care – what can we learn? by Lucille Scomazzon, Angela Wood and Tamie Duncan-Bible of Maddocks

When will a restraint of trade clause be enforceable? by Rachel Drew and James Phillips of Holding Redlich

Canada court rules random traffic stops are racist and unconstitutional by Leyland Cecco on The Guardian

A constitutional Voice to Parliament : ensuring parliament is in charge, not the courts by Shireen Morris on The Conversation

Flexible arrangements are the future of office work, are workplace laws about to catch up? by Angelique Donnellan on 7.30

Is this the first time a judge has used a meme in a judgment? by William Holmes on Legal Cheek

Law governing Bureau of Meteorology must change to reflect climate crisis, says former chief by Graham Readfearn on The Guardian

The man who wrote the Onion's Supreme Court brief takes parody very seriously by Rachel Treisman on NPR

NZ court in landmark Uber employee ruling by Ben McKay in The Singleton Agrus

Raising the drawbridge : why are so many Australians creating their own countries? by Harry Hobbs and George Williams on The Guardian

Threat to sue New Zealand bird of the year competition if it doesn't include extinct species by Eva Corlett on The Guardian

E Tū Inc & Anor v Rasier Operations BV & Ors [2022] NZEmpC 192 - court ruled that four Uber drivers were not contractors, but instead "in an employment relationship"

Searle v McGregor [2022] NSWCA 213 - interprets legislative response to Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15, Personal Injury Commission Act 2020 (NSW) s 26

Atiyah and Adams' sale of goods (14th ed) / Christian Twigg-Flesner and Rick Canavan

Climate refugees : global, local and critical approaches / Simon Behrman and Avidan Kent (eds)

Evidential legal reasoning : crossing civil law and common law traditions / Jordi Ferrer Beltrán, Carmen Vázquez (eds)

Proclamations commencing Acts

Mining and Petroleum Legislation Amendment Act 2022 No 21 (2022-620) — published LW 21 October 2022

In progress

Building and Other Fair Trading Legislation Amendment Bill 2022 - in Legislative Assembly, Awaiting consideration of LC amendments, Thu 20 Oct 2022

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022 - in Legislative Assembly, Awaiting mover's 2R Speech, Thu 20 Oct 2022

Companion Animals Amendment (Puppy Farms) Bill 2021 - in Legislative Council, Awaiting consideration in Committee of the Whole, Wed 19 Oct 2022

Crimes Amendment (Protection of Criminal Defence Lawyers) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 19 Oct 2022

Crimes Legislation Amendment (Coercive Control) Bill 2022 - in Legislative Council, Referred to committee for inquiry and report, Thu 20 Oct 2022

District Court Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 19 Oct 2022

Electronic Conveyancing Enforcement Bill 2022 - in Legislative Assembly, Awaiting consideration of LC amendments, Thu 20 Oct 2022

Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 20 Oct 2022

Fisheries Management Amendment (Enforcement Powers) Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Wed 19 Oct 2022

Government Sector Employment Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 19 Oct 2022

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Thu 20 Oct 2022

Industrial Relations Amendment (Dispute Orders) Bill 2022 - in Legislative Council, 2R negatived on division in the LC, Thu 20 Oct 2022

Local Land Services Amendment (Private Native Forestry) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 19 Oct 2022

Medicines, Poisons and Therapeutic Goods Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Wed 19 Oct 2022

Motor Accident Injuries Amendment Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Wed 19 Oct 2022

Personal Injury Commission Amendment Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Wed 19 Oct 2022

Property Tax (First Home Buyer Choice) Bill 2022 - in Legislative Council, Referred to committee for inquiry and report, Wed 19 Oct 2022

Registered Clubs Amendment Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Wed 19 Oct 2022

Treasury and Energy Legislation Amendment Bill 2022 - in Legislative Assembly, To be reported, Thu 20 Oct 2022

Water Management Amendment (Water Access Licence Register) Bill 2022 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Thu 20 Oct 2022

Awaiting assent

Childcare and Economic Opportunity Fund Bill 2022 - Awaiting Assent, Tue 18 Oct 2022

Confiscation of Proceeds of Crime Legislation Amendment Bill 2022 - Awaiting Assent, Thu 20 Oct 2022

Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Bill 2022 - Awaiting Assent, Thu 20 Oct 2022

Electoral Legislation Amendment Bill 2022 - Awaiting Assent, Wed 19 Oct 2022

Electoral Legislation Amendment Bill (No 2) 2022 - Awaiting Assent, Thu 20 Oct 2022

Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 - Awaiting Assent, Thu 20 Oct 2022

Notice of motion

Government Sector Audit Amendment (Follow the Dollar) Bill 2022 - in Legislative Assembly, Notice of Motion, Thu 20 Oct 2022

Keron v Westpac Banking Corporation [2022] FWC 221 - line between work and private life

R v Macdonald; R v Maitland (No 8) [2022] NSWSC 1421 - elements of the crime of wilful misconduct in public office

R v Tran (No 2) [2022] NSWSC 1391 - "the axe will not be going into the jury room"

TL v The King [2022] HCA 35 - criminal law, tendency evidence

Register for Wingarra Djuraliyin : Public Lecture on Indigenous Peoples and Law - First Law : A Climate Chance with speakers Professor Anne Poelina and Marlikka Perdrisat, from University of Sydney.

Time : Nov 08 2022, 6:00 pm - 7:30 pm

Place : Law Foyer, Level 2, New Law Building (F10), Eastern Avenue, University of Sydney (Camperdown Campus)

See details here.

Temporary Exclusion Orders must be necessary and proportionate, Law Council of Australia media release

What is Fog Reveal? A legal scholar explains the app some police forces are using to track people without a warrant by Anne Toomey McKenna on The Conversation

Have your say on the Federal Court of Australia Amendment (Extending Criminal Jurisdiction and Other Measures) Bill (Cth).

See details here.

The deadline for submissions is 31 October 2022.