The Library Bulletin

Ceremonial Sitting of the High Court of Australia to welcome Justice Jayne Margaret Jagot as a Justice of the High Court, speech by Hon Mark Dreyfus KC MP

Constitutional freedoms and statutory executive powers by Janina Boughey and Anne Carter, (2022) 45(3) Melbourne University Law Review (advance)

Dismissals for out of hours conduct. Can employers discipline employees for their behaviour outside of work? by Clare Raimondo and Aleksandar Vukoje of HWL Ebsworth

​"Enduring agents" : creation, use and abuse of enduring powers of attorney and enduring guardianship appointments, The Honourable Justice G Lindsay​, Western Sydney University Elder Law Webinar

The failed 1898 referendum on Australian federation by Anne Twomey on Constitutional Clarion

Finding the 'line' between the work and private lives of employees by Andrew Klein and James Beutler of Holding Redlich

Here's why I'm celebrating banned books week by Barack Obama on Medium

Judicial legitimacy by Justice Stephen Gageler, 2022 Australian Judicial Officers Association Colloquium in Hobart, Tasmania

The law of unintended consequences by Joshua Rozenberg on A Lawyer Writes

Law Report (ABC) for 18 October presented by Damien Carrick - UN calls for unlimited access for team inspecting detention facilities

The making of modern Ukraine. Class 1 : Ukrainian questions posed by Russian invasion, Timothy Snyder, Yale Courses

A new national plan aims to end violence against women and children ‘in one generation’. Can it succeed? by Anastasia Powell on The Conversation

Pure economic loss in the law of tort : the history and theory of assumption of responsibility, Lord Sales, The Annual Tort Law Research Group Lecture

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Lest ye be a judge

New essays on the nature of legal reasoning / Mark McBride and James Penner (eds)

AI is creeping into the world's courts. Should we be concerned? by Henry Zwartz on UNSW Newsroom

Give legal rights to animals, trees and rivers, say experts by Haroon Siddique on The Guardian

How a Supreme Court case about Andy Warhol's paintings of Prince could reshape freedom of expression by Shanti Escalante-De Mattei and Tessa Solomon on ARTNews

A humanoid robot wearing overalls has given evidence at a UK hearing by Pranjali Sehgal on SBS News

NT government to introduce laws raising the age of criminal responsibility and reforming adult mandatory sentencing by Thomas Morgan on ABC News

Pigs can't fly, but they can produce tough legal questions at the Supreme Court by Nina Totenberg on NPR

Turkey : "Dark day for online free expression" as new 'disinformation law' is passed on Amnesty International

'Walk away' : traditional owners defend Kakadu against a new push from uranium miners by Ben Butler on The Guardian

What's in the public interest? Murdoch v Crikey trial could test new defamation defence by Amanda Meade on The Guardian

Australian courts and the extraterritorial operation of laws – consumer and competition laws, Justice Moshinsky, A paper presented to the Australian Judicial Officers Association 2022 Colloquium

Avoiding a surveillance society : how better rules can rein in facial recognition tech by Nicholas Davis, Edward Santow and Lauren Perry on The Conversation

Court education is not just for lawyers, Justice Gleeson, Kathleen Burrow Research Institute Lecture

The first referendum held in Australia - religion in schools by Anne Twomey on Constitutional Clarion

High Court ruling on foreign residents as group members in Australian class actions raises practical issues for respondents by Ross McInnes, James Walker and Aaron Moss of Clayton Utz

In conversation with Her Excellency the Honourable Margaret Beazley AC KC, University of Sydney Law School

Law Pod UK - Justice from the Chaos of Conflict, with Aonghus Kelly

Law Report (ABC) for 11 October presented by Damien Carrick - Lawyers 'pressure test' Indigenous voice proposal; how should judges be appointed?

Mystic fictions and lawless fantasies at the end of the first Elizabethan Age by Krista J. Kesselring on Legal History Miscellany

"No body, no parole" laws by Lenny Roth, NSW Parliamentary Research Service e-brief Issue 4/2022

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Stare Indecisis

Time to revisit your standard form contracts? Australia set to introduce heavy-hitting penalties for unfair contract terms by James Cameron, Ian Reynolds, Jodi Gray and Patrick Keane of Corrs Chambers Westgarth

What system of law governs the recognition of foreign maritime liens? by Justice Stewart, MLASA Annual Conference

BHP Group Limited v Impiombato & Anor [2022] HCA 33 - statutes, interpretation, territorial operation, presumption against extraterritoriality

Bosanac v Commissioner of Taxation [2022] HCA 34 - resulting trusts

Innovative Bites Limited v The Commissioners for His Majesty's Revenue and Customs [2022] UKFTT 00352 (TC) - VAT zero rating, large marshmallows intended to be roasted intended to be roasted over a campfire or barbecue and then eaten or used as an ingredient in what is called a "s'more" and marketed as such, appellant says that as it is intended to be roasted before being eaten, or then used as an ingredient in preparing a s'more it does not fall within the term confectionery

Peter Hugh McGregor Ellis v R [2022] NZSC 115 and Peter Hugh McGregor Ellis v R [2022] NZSC 114 - a criminal appeal may be continued after the appellant's death, if continuance is in the interests of justice, majority also expanded the role of Māori customary legal principles as 'part of the fabric' of NZ common law.

Scott v Bodley [2022] NSWDC 459 - defamation, serious harm

SDCV v Director-General of Security & Anor [2022] HCA 32 - Constitutional law (Cth), judicial power of Commonwealth

In progress

Animal Research Amendment (Right to Release) Bill 2022 - in Legislative Council, To be reported, Thu 13 Oct 2022

Building and Other Fair Trading Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Childcare and Economic Opportunity Fund Bill 2022 - in Legislative Assembly, Awaiting consideration of LC amendments, Thu 13 Oct 2022

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022 - in Legislative Council, Awaiting 2R Debate, Thu 13 Oct 2022

Confiscation of Proceeds of Crime Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Crimes Legislation Amendment (Coercive Control) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Electoral Legislation Amendment Bill 2022 - in Legislative Council, 2R Debate, Tue 11 Oct 2022

Electoral Legislation Amendment Bill (No 2) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Electronic Conveyancing Enforcement Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 13 Oct 2022

Port of Newcastle (Extinguishment of Liability) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 13 Oct 2022

Property Tax (First Home Buyer Choice) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Racehorse Legislation Amendment (Welfare and Registration) Bill 2021 - Negatived, 2R negatived in the LC, Wed 12 Oct 2022

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 13 Oct 2022

Road Transport Amendment (Medicinal Cannabis - Exemptions from Offences) Bill 2021 - in Legislative Council, 2R, Wed 12 Oct 2022

Road Transport Amendment (Prohibition of U-turns and 3-point Turns in School Zones) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 13 Oct 2022

Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Treasury and Energy Legislation Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 12 Oct 2022

Awaiting assent

Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Crimes (Sentencing Procedure) Amendment Bill 2022 - Awaiting Assent, Tue 11 Oct 2022

Crimes Amendment (Money Laundering) Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 - Awaiting Assent, Tue 11 Oct 2022

Criminal Procedure Legislation Amendment (Prosecution of Indictable Offences) Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Dedicated Encrypted Criminal Communication Device Prohibition Orders Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Royal Botanic Gardens and Domain Trust Amendment (Facilitation of Sydney Metro West) Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Scrap Metal Industry Amendment (Review) Bill 2022 - Awaiting Assent, Tue 11 Oct 2022

Security Industry Amendment Bill 2022 - Awaiting Assent, Thu 13 Oct 2022

Workers’ Compensation (Dust Diseases) Amendment Bill 2022 - Awaiting Assent, Tue 11 Oct 2022

Notice of motion

Independent Commission Against Corruption Amendment (Validation) Bill 2022 - in Legislative Council, Notice of Motion, Thu 13 Oct 2022

Government Sector Audit Amendment Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 11 Oct 2022

Case management and complex civil litigation (2nd ed) / Michael Legg

Learning to litigate : a guide for young lawyers / Neil Williams and Alison Hammond

Limitation periods (9th ed) / Andrew McGee

Principles of international law (7th ed) / Stephen Hall

Prosecuting (2nd ed) / Raymond Gibson

Residential tenancies law and practice : New South Wales (8th ed) / Allan Anforth, Peter Christensen and Christopher Adkins

Seddon on deeds (2nd ed) / Nicholas Seddon

Lawlor v Perez [2022] VSC 590 - "Refusal by Prothonotary to accept for filing an originating motion seeking discovery from rapper 'Pitbull', together with associated affidavit – Proposed proceeding allied with action sought to be brought against Hollywood actress, 'Ruby Rose' – Whether proceeding so commenced would be irregular or an abuse of process of the Court"

Miller v Secretary, Department of Communities and Justice [2022] NSWCA 190 - applicability of Anshun estoppel to the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Nuramin v The King [2022] VSCA 215 - mens rea for complicity for strict/absolute liability offences

Rader v Haines [2022] NSWCA 198 - defamation, acrimonious intra-familial email, "serious harm" to reputation under Defamation Act 2013 (UK) not established

Schoultz v Ball & Ors [2022] EWHC 2452 (KB) - "reasonable horse" and strict liability under s 2(2) of the Animals Act 1971 (UK) for an injury sustained after a car collided with a horse

Sims v Commonwealth of Australia [2022] NSWCA 194 - constitutional law, application of the Limitations Act to an Auckland Harbour Board claim by the Commonwealth for recovery of payments made to an Able Seaman who had left the Navy

2022 Mabo Lecture by Dr Terri Janke

Cultural diversity in the law : It is not revolution - but we are going to occupy the buildings by The Honourable​​ Justice Hament Dhanji, Law Society of New South Wales – Cultural Diversity Networking Event

Done By Law podcast, 27 September 2022 presented by Members of the Federation of Community Legal Centres

Drawing the line in apprehended bias cases : Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41 by Michael Palfrey, Sarah Thompson and Neil Cuthbert of HWL Ebsworth

Further blood drawn on section 100A and the meaning of ordinary family or commercial dealings by David Hughes and Adria Askin of McCullough Robertson

The High Court of Australia has a majority of women justices for the first time. Here's why that matters by Kcasey McLoughlin on The Conversation

​In the service of others : The context, nature and purpose of work of the NSW Trustee and the Public Guardian in the protection of a vulnerable person by The Honourable Justice Geoff Lindsay​, NSW Trustee and Guardian Training Seminar

Law Report (ABC) for 4 October presented by Damien Carrick - Does the Government's proposed anti-corruption legislation go far enough?

NSW introduces positive duty to manage risks of psychosocial hazards at work by Brigid Clark and Emily Peachey of Maddocks

One Plus One with Megan Davis

Pure economic loss in the law of tort : the history and theory of assumption of responsibility, Lord Sales, The Annual Tort Law Research Group Lecture

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Crisis and Catharsis

Some evidentiary issues in patent law by Justice Jayne Jagot, Presentation to IPSANZ Conference on 18 September 2022

Swans, sturgeon and mines : the history of challenges to the royal prerogative – Part I and Part II by Katy Barnett on Admin Law Blog

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - S4 E5 : Morrison's Multiple Ministries + Can A Guilty Plea and Conviction Be Set Aside By An Appeal Court

JADE are running a webinar - Getting Savvy with JADE

Time : Wednesday, 12th October 2022 at 4:30pm (AEDT)

Details are here.

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

Proclamations commencing Acts

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 — 30 September 2022 proclaimed as the day on which Schedule 1.3[3]–[10] and 1.17[3]–[10] of the Act commence

State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 — 1 October 2022 appointed as the day on which Schedule 2[1], [5] and [7]–[13] of the Act commence, and 19 November 2022 as the day on which Schedule 1[18], [19] and [32] of the Act commence.

Assented

Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 - Assented, Tue 4 Oct 2022

Museums of History NSW Act 2022 - Assented, Tue 4 Oct 2022

In progress

Childcare and Economic Opportunity Fund Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Crimes (Sentencing Procedure) Amendment Bill 2022 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 21 Sep 2022

Crimes Amendment (Money Laundering) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022 - in Legislative Council, Awaiting mover's 2R Speech, Wed 21 Sep 2022

Criminal Procedure Legislation Amendment (Prosecution of Indictable Offences) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Dedicated Encrypted Criminal Communication Device Prohibition Orders Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Fishing Legislation Amendment (Right to Fish) Bill 2019 - in Legislative Council, 2R negatived on division, Wed 21 Sep 2022

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Prevention of Cruelty to Animals Amendment (Prohibition for Convicted Persons) Bill 2022 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 21 Sep 2022

Roads Amendment (Tolling Transparency) Bill 2022 - in Legislative Assembly, Awaiting mover's 2R Speech, Wed 21 Sep 2022

Royal Botanic Gardens and Domain Trust Amendment (Facilitation of Sydney Metro West) Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Scrap Metal Industry Amendment (Review) Bill 2022 - in Legislative Council, Awaiting mover's 2R Speech, Tue 20 Sep 2022

Security Industry Amendment Bill 2022 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 21 Sep 2022

Workers’ Compensation (Dust Diseases) Amendment Bill 2022 - in Legislative Council, Awaiting mover's 2R Speech, Wed 21 Sep 2022

Notice of motion

Crimes Amendment (Custody of Knives) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 20 Sep 2022

Firearms Amendment (Review of Firearms Prohibition Orders) Bill 2022 - in Legislative Council, Notice of Motion, Tue 20 Sep 2022

Port of Newcastle (Extinguishment of Liability) Bill 2022 - in Legislative Assembly, Notice of Motion, Wed 21 Sep 2022

Public Health and Safety (Fossil Fuel Advertising) Bill 2022 - in Legislative Council, Notice of Motion, Tue 20 Sep 2022

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022 - in Legislative Assembly, Notice of Motion, Tue 20 Sep 2022

Weapons Prohibition Amendment (Silencers) Bill 2022 - in Legislative Council, Notice of Motion, Tue 20 Sep 2022

Register for Researching public law : a panel discussion on legal method with Professor Joe Tomlinson, Professor Jason Varuhas, Professor Janna Promislow and Professor Theunis Roux, presented by Centre for Comparative Constitutional Studies.

Time : Monday 17 October 2022, 5:30pm - 7:00pm

Place : Online

See details here.

Register for Mediating in the Federal Court of Australia from the Federal Court of Australia with speakers Senior National Judicial Registrar Paul Farrell, Senior National Judicial Registrar Jenni Priestley and National Judicial Registrar Susan O'Connor.

Time : Tuesday, 18 October 2022 – 4:30 - 5:30 pm AEST

Place : Law Courts Building, Queens Square, Sydney.

See details here.

History made as High Court has majority-female bench after Jayne Jagot appointment by Matthew Doran on ABC News

Indyref2: yes or no? Can Scotland hold another independence referendum? by Joshua Rozenberg on A Lawyer Writes

King Charles allowed to vet proposed Scottish rent freeze law by Severin Carrell, Rob Evans and David Pegg on The Guardian

The Sentencing Council is conducting a Review of fraud and fraud-related offences.

See details here.

Submissions are welcome, the deadline for submissions is 4 November 2022.

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.

Carver on bills of lading (5th ed) / Francis D. Rose and F. M. B. Reynolds

Coastal state jurisdiction over living resources in the exclusive economic zone / Camille Goodman

Fair work legislation 2022-2023 / Aaron Neal, Rohan Millar, Victoria Lambropoulos and Mark Rinaldi (eds)

Law of executors and administrators / G. E. Dal Pont

A forensic look at the proposed changes to the Constitution which would enshrine an indigenous voice to parliament on Saturday Extra (ABC) presented by Geraldine Doogue

NSW government set to introduce 'no body, no parole' laws after Chris Dawson sentence by Heath Parkes-Hupton on ABC News

This law makes it illegal for companies to collect third-party data to profile you. But they do anyway by Katharine Kemp on The Conversation

Women who suffer domestic violence fare much worse financially after separating from their partner : new data by Bruce Chapman, Anne Summers and Matthew Taylor on The Conversation

Would the campaign to save the Franklin River work today? by Kieran Pender on The Guardian

Par Recycling Services Pty Ltd v United Resource Management Pty Ltd [2022] NSWSC 1269 - contracts, where termination of one contract results in termination of another, common mistake that contract remains on foot, implied contract

Citation stickiness, computer-assisted legal research, and the universe of thinkable thoughts by Aaron S. Kirschenfeld and Alexa Z. Chew, (2022) 19 Legal Communication and Rhetoric 1

Construction in liquidation : the overlap between the Corporations Act and security of payment legislation by Sam Kingston and Christian Mennilli of Maddocks

Judicial agreements and disagreements in Alexander v Minister for Home Affairs by Sangeetha Pillai on Australian Public Law

Law Report (ABC) for 20 September presented by Damien Carrick - Fears states could expand use of 'post-sentence' detention after Garlett ruling

Locating plebiscites in the Australian Constitution by Matthew Psycharis, (2022) 46(1) Melbourne University Law Review (advance)

Look out! Massive penalty increases may be on the way for competition and consumer law contraventions by Teresa Torcasio, Zoe Vise and Katie Lau of HWL Ebsworth

Piercing the corporate veil : recent international developments by Chief Justice Allsop, 38th Annual Conference of the Banking & Financial Services Law Association

Secondary Rules podcast with Joshua Neoh and Ryan Goss - Small Brown Bird

What's in an oath? The oaths King Charles III must take by Anne Twomey on Constitutional Clarion

When is an online publisher a publisher? by Susan Goodman and Millie Clayton of Holding Redlich

Register for Lessons from the Collaery Case with speakers Bernard Collaery, Phillip Boulten SC, Dr Chris Ward SC, The Honourable Gareth Evans AC and Kieran Pender, and opened by Professor Rosalind Dixon. Hosted by the UNSW Gilbert + Tobin Centre of Public Law and Gilbert + Tobin Lawyers.

Location : Online Time : Thursday 6 October 2022, 5:30 pm – 7:30 pm AEDT

Register here.

Register for A Conversation on Current Issues in the Practice of Employment and Industrial Law from Federal Court of Australia.

Including :

What happened and why it matters : the High Court decisions in CFMMEU v Personnel Contracting and ZG v Jamsek with John Blackburn SC (WA Bar) and Duncan Fletcher (Kingston Reid)

At what price certainty? Mediating employment and industrial matters in the Federal Court with Senior National Judicial Registrar Jenni Priestley and National Judicial Registrar

Positive duty amendments arising from the Respect@Work Report with Vanja Bulut (NSW Bar) and Maria Nawaz (Grata Fund)

Location : Federal Court of Australia, Sydney, Court 1 Time : Thursday 29th September 2022, 5:30pm to 7.00pm (Eastern Standard Time)

Register here.

Have your say on the consultation draft of the National Principles to Address Coercive Control.

Details are here.

Deadline for submissions is 11 November 2022.

The Bar Library will be closed between 10 & 11am on Wednesday 28 September to allow the Librarians to attend an Evacuation & Safety training session with other Association staff.

We will also be closed from 10am-12pm on Wednesday October 5 to attend the LGBTQ Awareness Session for Bar Association staff.

We apologise for any inconvenience.

JADE have added new Zoom training sessions.

Sessions available :

Details and links to register for sessions are available here.

Introductory - Monday 19 September, 4.30pm Intermediate - Tuesday 20th September, 4.30pm Navigating legislation using JADE - Wednesday 21 September, 4.30pm Introductory - Wednesday 28 September, 4.30pm Getting Savvy with JADE - Wednesday 12 October, 4.30pm Mastering JADE - Wednesday 26 October, 4.30pm Navigating Case Law using JADE - Wednesday 30 November, 4.30pm

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