The Library Bulletin

Re A [2022] EWCA Civ 1221 - withdrawal of medical treatment

Bell v Allianz Insurance Australia Ltd [2022] NSWSC 1108 - motor accident, personal injury, no power of medical assessor to determine scope of "motor accident"

D and E Ltd v A, B and C [2022] NZCA 430 - Court of Appeal majority allowed appeal against High Court finding that abusive father breached fiduciary duties by using a trust to disinherit his children

Owen v Skarps Constructions Pty Ltd [2022] NSWSC 1225 - lawyer's duty to the court when the client does not wish to comply with court orders

TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151 - privilege

Judges go bush to learn about Indigenous culture, with aim to deliver fairer justice in courts by Erin Parke on ABC News

Judges wrestle with child's life by Joshua Rozenberg on A Lawyer Writes

What are the legal and constitutional consequences for Australia of Queen Elizabeth II's death? by Anne Twomey on The Conversation

In progress

Museums of History NSW Bill 2022 - in Legislative Assembly, Awaiting consideration of LC amendments, Tue 13 Sep 2022

Register for Leave Those Blue-Eyed Babies Alone : Rhetorical Limitations on Parliamentary Sovereignty presented by The Hon Patrick Keane at the Australian Academy of Law.

Location : Online Time : 20 Oct 2022, 5.30 pm (NSW, VICT, TAS, ACT - AEDT)

Register here.

Constitutional Clarion, Youtube channel created by Anne Twomey

The dividing line between independent contractor and employment relationships by Anthony Highfield and Kristin Hibbard of HWL Ebsworth

Foreign judges : national courts, transnational connections, panel discussion with Justice Vergil Narokobi, Dr Eselealofa Apinelu, Professor Hugh Corder, Professor Rosalind Dixon and Dr Anna Dziedzic, chaired by Professor Cheryl Saunders at Melbourne Law School

It is not part of a medical assessor's function to determine the scope of a motor accident by Rihab Abdul-Rahman of McCabes

The Law Down Under Podcast presented by Chris Patterson - E19 Modern slavery with Dr Martijn Boersma

Law Report (ABC) for 13 September presented by Damien Carrick - The Queen's role in Australia's constitution

Multi-directionality and universality : global feminisms and international law in the twenty-first century by Karima Bennoune, American Journal of International Law (unbound), Volume 116, 2022, p 275-280

An onus of 'almost nothing' : Nathanson v Minister for Home Affairs by Brandon Smith on Australian Public Law

Proposed penalties raise the bar on competition and consumer law breaches by Joanne Jary and Kayla Plunkett of Holding Redlich

Regional Climate Diplomacy Forum 2022 with Anote Tong and Tommy E. Remengesau Jr. at the Australia Institute

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - King Charles III

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

Corporations and associations law : principles and issues (7th ed) / John Gooley, Michael Zammitt, Matthew Dicker and David Russell

On Monday 19 September the Bar Library will close at 4:15pm to allow the Librarians to attend the Bar Association Staff & Bar Council drinks.

The Library will re-open at 8:30am Tuesday 20 September. We apologise for any inconvenience.

New Westlaw

Westlaw AU will be decommissioned by Thomson Reuters, in its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates :

Wednesday 21 September 11.00am AEST Register

Annotated Bankruptcy Act 1966 (9th ed) / Michael Murray and Paul Nichols

Williams on wills (11th ed) / R. F. D Barlow, R. A. Wallington, S. L. Meadway, J. A. D. MacDougald, J. E. Kirby

Work health and safety regulation in Australia / Richard Johnstone and Michael Tooma

Zines's and Stellios's the High Court and the Constitution (7th ed) / James Stellios

Balancing public servants' responsibilities with the implied freedom of political communication : what can we learn from Banerji? by Shireen Morris and Sarah Sorial, (2022) 48(1) Monash University Law Review (advance)

High Court upholds validity of surveillance devices legislation against freedom of political communication challenge by Anthony Gray on Australian Public Law

Judging the employment status of workers : an analysis of 'common-sense' reasoning by Carolyn Sutherland, Melbourne University Law Review, Volume 46(1) (forthcoming)

Judicial independence and liberal democracy by Justice Gleeson, speech delivered to the Australian Academy of Law

Law Report (ABC) for 6 September presented by Damien Carrick - Judicial review to examine 'Croatian Six' convictions

Mistaken interpretation and repudiation of lump sum contracts – knowing your rights by Alan Chiang, Con Koutsantony, and Rob Gilchrist of HWL Ebsworth

Partial jackpot : split High Court relaxes, but does not resolve, the patentability test for computer-enabled inventions by Odette Gourley, David Fixler, Grant Fisher, James Beavis and Kate Donald of Corrs Chambers Westgarth

Smells like victory : registering scent trade marks in Australia by Stephen Stern, Jürgen Bebber, Jaimie Chapman and Ellen Guilfoyle of Corrs Chambers Westgarth

There's never been a better time : enhancing the protection of human rights in Australia by Paula Gerber on Castan Centre for Human Rights Law

Understanding precautionary detention, Fiona J McDonald, Australian Association of Constitutional Law

Government appoints First Nations leaders to guide referendum on Indigenous voice by Lorena Allam on ABC News

High Court decision on WA law that allows indefinite detention for 'serious offenders' shocks human rights lawyers by Alicia Bridges on ABC News

Hong Kong therapists convicted of sedition over children's books by Sum Lok-kei on The Guardian

Aslan v Stepanoski [2022] NSWCA 24 - contracts, repudiation

Garlett v Western Australia [2022] HCA 30 - constitutional law, judicial power of Commonwealth

R v Macdonald; R v Maitland (No 5) [2022] NSWSC 1211 - microphone in dock accidentally switched on, media present, suppression order made

Stephens v The Queen [2022] HCA 31 - criminal law, sexual offences against child

New Westlaw

Westlaw AU will be decommissioned by Thomson Reuters, in its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates :

Wednesday 21 September 11.00am AEST Register

JADE have added new Zoom training sessions.

Sessions available : Beginner - Monday 12 September, 4.30pm Intermediate - Tuesday 13 September, 4.30pm Advanced - Thursday 15 September, 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.

Register for Conversation on Current Issues in the Practice of Employment and Industrial Law hosted by The Hon. Justice Mordy Bromberg at the Federal Court of Australia.

Three presentations - What happened and why it matters: The High Court decisions in CFMMEU v Personnel Contracting and ZG v Jamsek with John Blackburn SC and Mark Cox, At what price certainty? Mediating employment and industrial matters in the Federal Court with Jenni Priestley and Tim Luxton and Positive duty amendments arising from the Respect@Work Report with Vanja Bulut and Maria Nawaz.

Date: Thursday 22nd September 2022 Time: 5:30pm to 7.00pm (Eastern Standard Time) Venue : The seminar will be held in person in the Sydney (Court 1).

See details here.

The Commonwealth Attorney-General's Department is undertaking a Review of Australia's Modern Slavery Act 2018.

Submissions are welcome, see details about the survey and making submissions here.

The consultation period closes on 22 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.

The Bar Library will be closed on Thursday, 15 September from 10-11:30 am to allow the Librarians to attend workplace training. We apologise for any inconvenience.

eSafety Commissioner issues legal notices to big tech companies on ABC News

'One of the most progressive and environmentally conscious legal texts on the planet' : Chile's proposed constitution and its lessons for Australia by Ana Estefanía Carballo and Erin Fitz-Henry on The Conversation

Wangan and Jagalingou traditional owners use human rights law to occupy Bravus's Carmichael Coal Mine by Inga Stünzner on ABC News

In the matter of Jana Pty Ltd [2022] NSWSC 112 - statutory demands, deed drafting

J v D [2022] NSWCA 147 - damages, ambiguity

Sheppard v Smith [2022] NSWCA 167 - easements, right of way granted to facilitate the removal of nightsoil not obsolete as a result of the installation of sewer lines in 1908 as terms of the grant did not so limit its use

New Westlaw

Westlaw AU will be decommissioned by Thomson Reuters, in its place will be new Westlaw (Australia)

Thomson Reuters have provided us with a list of dates upon which they will be hosting training in the new database, specifically tailored for Barristers. Links for registration are below.

new Westlaw (Australia) for Barristers

This course shows you how to carry out key research tasks using Westlaw (Australia) to improve your work efficiency.

Duration : 30 min

Course Dates :

Monday 5 September 3.00pm AEST Register

Wednesday 21 September 11.00am AEST Register

Register for Without Fear or Favour : Responses to the ALRC Report on Judicial Impartiality chaired by The Hon Justice SC Derrington AM with keynote speaker The Hon Mark Dreyfus QC MP, moderator Sarah Fulton and panellists The Hon Robert French AC, Professor Gabrielle Appleby and Mr Anthony McAvoy SC. Hosted by the Australian Law Reform Commission.

Time : Thursday 29 September 2022, 12:00pm – 1.30pm AEST

See details here.

The New South Wales Law Reform Commission has been asked to review aspects of the Bail Act 2013 (NSW), specifically show cause offences and the unacceptable risk test. Submissions are welcome.

See details here.

Deadline for submissions is 23 September 2022.

Ambiguity is resolved by examining a decision maker's reasons as a whole, on a background of the evidence by Raissa Galang of McCabes

Ceremonial Sitting of the Full Court of the Federal Court of Australia to farewell the Honourable Justice Greenwood

Constituent power and the Commonwealth Constitution : a preliminary investigation, George Duke and Carlo Dellora, (2022) 44(2) Sydney Law Review 199 (Advance)

Family law and equity - friends, enemies or frenemies? by The Hon Justice Michelle Gordon AC, Peter Nygh Memorial Lecture – 19th National Family Law Conference 15 August 2022

Hoary precedents by Matthew H. Kramer, University of Cambridge Faculty of Law Research Paper No. 3/2022

Intellectual property and 'brand jamming' : an international snapshot by Odette Gourley and Grace Griffiths of Corrs Chambers Westgarth

Law Report (ABC) for 30 August presented by Damien Carrick - Chris Dawson trial : former teacher found guilty of wife's murder

New approaches to combatting online hate speech by Peter Waters, Bruce Craig and Rocky Lagudi of Gilbert + Tobin

Supreme Court sets aside a statutory demand based on a "very poorly drafted deed" by Andrew Lacey of McCabes

Can courts be bulwarks of democracy? : judges and the politics of prudence / Jeffrey K. Staton, Christopher Reenock and Jordan Holsinger

Free speech : from core values to current debates / Len Niehoff and E. Thomas Sullivan

Gatley on libel and slander (13th ed) / Richard Parkes, Godwin Busittil, Alastair Mullis, Tom Blackburn, David Rolph, Andrew Scott

The ombudsman in the modern state / Matthew Groves and Anita Stuhmcke (eds)