The Library Bulletin

Capic v Ford Motor Company of Australia Pty Ltd ACN 004 116 223 (S25/2024) [2024] HCA 39 - damages, assessment, consumer law

Williams & Anor v Toyota Motor Corporation Australia Limited (ACN 009 686 097) (S157/2023); Toyota Motor Corporation Australia Limited (ACN 009 686 097) v. Williams & Anor (S155/2023) [2024] HCA 38 - damages, assessment, consumer law

YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor (S27/2024) [2024] HCA 40 - constitutional law

Construction arbitration and alternative dispute resolution : theory and practice around the world / Renato Nazzini (ed.)

Jervis on the office and duties of coroners with forms and precedents (15th ed.) / Paul Matthews

The law of artificial intelligence (2nd ed.) / Matt Hervey and Matthew Lavy (eds.)

Privilege (5th ed.) / Colin Passmore

Sackville and Neave Australian property law (12th ed.) / Andrew Godwin, Leon Terrill, Pamela O'Connor, John Page and William Rimmer

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

The Bar Library will close early at 4:30pm on Friday 15 November. We apologise for any inconvenience.

Proclamations commencing Acts

Strata Legislation Amendment Act 2023 No 45 (2024-542) — published LW 1 November 2024

Bills assented to

Environmental Planning and Assessment Amendment (Certification) Act 2024 No 72 — assented to 23 October 2024

Equality Legislation Amendment (LGBTIQA+) Act 2024 No 71 — assented to 23 October 2024

Regional Communities (Consultation Standards) Act 2024 No 70 — assented to 23 October 2024

Water Management Amendment (Water Access Licence Register Reform) Act 2024 No 69 — assented to 23 October 2024

In progress

Alcohol Consumption in Public Places (Liberalisation) Bill 2024 - in Legislative Council, 2R negatived on division in the LC, Wed 23 Oct 2024

Automated External Defibrillators (Public Access) Bill 2024 (No 2) - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 24 Oct 2024

Creative Statement to Parliament Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 15 Oct 2024

Energy Amendment (Long Duration Storage and Investment) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 24 Oct 2024

Fines Amendment (Parking Fines) Bill 2024 - in Legislative Assembly, To be reported, Thu 24 Oct 2024

Justice Legislation Amendment (Children) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Justice Legislation Amendment (Civil) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 23 Oct 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 16 Oct 2024

Prevention of Cruelty to Animals Amendment (Puppy Farming) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Public Health (Tobacco) Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 16 Oct 2024

Public Health (Tobacco) Amendment Bill (No 2) 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Oct 2024

Return of Proceeds of Crime (Gambling Companies) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 24 Oct 2024

Revenue Legislation Further Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Oct 2024

Roads and Crimes Legislation Amendment (Offences Repeal) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 17 Oct 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Tue 15 Oct 2024

Royal Botanic Gardens and Domain Trust Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Tue 22 Oct 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Tue 15 Oct 2024

Statute Law (Miscellaneous Provisions) Bill (No. 2) 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 24 Oct 2024

Witness Protection Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 23 Oct 2024

Awaiting assent

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Agriculture Commissioner Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

Health Insurance Levies Amendment Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Residential Tenancies Amendment Bill 2024 - Awaiting Assent, Thu 24 Oct 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

State Emergency and Rescue Management Amendment Bill 2024 - Awaiting Assent, Fri 18 Oct 2024

Negatived

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - Negatived, Thu 17 Oct 2024

Lapsed

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - Lapsed in Accordance with Standing Orders, Thu 24 Oct 2024

Notice of motion

Cannabis Legalisation (Plebiscite) Bill 2024 - in Legislative Council, Notice of Motion - Text of Bill not available, Thu 24 Oct 2024

Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2024 - in Legislative Council, Notice of Motion, Tue 15 Oct 2024

Ports and Maritime Administration Amendment (White Bay Cruise Terminal—Shore Power) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 15 Oct 2024

Road Transport Amendment (Pay Parking Schemes) Bill 2024 - in Legislative Council, Notice of Motion, Thu 24 Oct 2024

Thoroughbred Racing Amendment (Racing NSW Accountability) Bill 2024 - in Legislative Council, Notice of Motion - Text of Bill not available, Thu 17 Oct 2024

Landmark court case sees activist group sue gas giant Santos for allegedly misleading investors by Rachel Clayton on ABC

Stalking rates in Australia are still shockingly high – one simple strategy might help by Troy McEwan on The Conversation

Victorian woman wins $30,000 in case that recognised right to privacy in Australian law by Nino Bucci in The Guardian

T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347 - negligence, bullying

Tindall and another v Chief Constable of Thames Valley Police [2024] UKSC 33 - "did the Court of Appeal err in finding that the police did not owe road users a duty of care to protect them from harm, either on the basis that their presence at the scene made the situation worse or that they assumed a responsibility to protect road users"

The arbitration jurisdiction of the Federal Court of Australia, Justice Stewart, Society of Construction Law Talk

Australian modern slavery laws : good intentions, inadequate impact? by Cilla Robinson, Alex Armstrong-Millar and Genevieve Welch-Hammial of King and Wood Mallesons

Commonwealth v Yunupingu : a constitutional case testing Commonwealth liability for Aboriginal dispossession by Sean Brennan on Australian Public Law

The free sea, Lord Leggatt, Address at the Opening Ceremony for the Advanced LLM Programme, University of Leiden

Law Report (ABC) for 29 October presented by Damien Carrick - Unfair dismissal : from medical marijuana to outsourced workers

Native title, s 51(xxxi) and conceptual carve-outs : why 'inherent defeasibility' is inherently unworkable by Lael K Weis on Australian Public Law

Proposed reforms to the Australian Consumer Law set to address unfair trading practices by Joanne Jary and Sarah Butler of Holding Redlich

Time's up or ticking? Limitation of action under the Home Building Act by Andrew Hales and Emily Miers of Minter Ellison

What Has Taxonomy Ever Done for Us? UNCITRAL's 2023 "Taxonomy of Legal Issues Related to the Digital Economy", Justice Jackman, 2024 United Nations Day Lectur

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Stephen interviews Ghassan Kassisieh (law, politics & a few things in between)

Annotated Bankruptcy Act 1966 (10th ed.) / Michael Murray

Australian civil procedure (13th ed.) / Bernard C. Cairns

Australian master superannuation guide 2024/25 [ebook] / James Leow and Shirley Murphy

Commercial contract clauses : principles and interpretation (4th ed.) / Joshua Thomson, Leigh Warnick and Kenneth Martin

The essential guide to sentencing in NSW / Diana Yehia

Fair work legislation 2024-2025 / Mark Rinaldi, Rohan Millar, Victoria Lambropoulos and Aaron Neal (eds.)

Foskett on compromise (10th ed.) / David Foskett

Horsley and Lang's meetings : procedure, law and practice (8th ed.) / A. D. Lang

National security law in Australia / Danielle Ireland-Piper (ed.)

Unjust enrichment (3rd ed.) / Kit Barker and Ross Grantham

Institutional liability for historical child abuse in Australia / James Masur

Australia releases proposed mandatory guardrails for AI regulation by Philip Catania, Kit Lee and Amy Yu of Corrs Chambers Westgarth

Does merely "broad" reasoning amount to "inadequate" reasoning? by Raissa Galang of McCabes

Don't quote me... New South Wales Court of Appeal weighs in on use of direct speech in affidavit evidence by Ian Bloemendal and Nick Josey of Clayton Utz

Federal Court has bone to pick with Medtronic, awards largest ever penalty under Therapeutic Goods Act 1989 (Cth) by Kelly Griffiths of Gadens

Largest greenwashing penalty so far of $12.9m imposed on Vanguard by Jeremy Jose, Illona Millar, Luke Barrett, Sarah Martin and Josephine le of Gilbert + Tobin

Law Report (ABC) for 8 October presented by Damien Carrick - When can tenants challenge evictions?

New rights for independent contractor in unfair arrangements by Michael Selinger and Julia Wyatt of Holding Redlich

Not a nuisance : NSW Court of Appeal overturns decision that Sydney Light Rail caused nuisance by Peter Briggs, Andrew Griffiths, Brigitte Rheinberger and Katherine London of Herbert Smith Freehills

The Supreme Court finds injury to skin is a non-threshold injury by Peter Hunt of McCabes

Proclamations commencing Acts

Government Sector Finance Amendment (Integrity Agencies) Act 2024 No 57 (2024-518) — published LW 9 October 2024

High Court ruling might mean corporate executives face 'lower bar' for prosecutions, and more of them by Daniel Ziffer on ABC News

HBSY Pty Ltd ACN 151 894 049 v Geoffrey Lewis & Anor [2024] HCA 35 - Federal Court of Australia, jurisdiction

R v Youseff (No 2) [2024] NSWSC 1260 - evidence, iPhone health app data, admissibility of hearsay evidence

Wild v Meduri [2024] NSWCA 230 - succession, contested probate, testamentary capacity, lack of knowledge and approval

Several years ago the Bar Library purchased 250 branded USB flash drives which we have handed out to Members and Chambers staff without charge in the hope that they would be re-used or returned when no longer being used. These have now all gone. To avoid what would seem to be the unnecessary expense of purchasing another batch of flash drives we urge all Chambers to endeavour to return any drives currently not in use to the Bar Library.

Jimmy Carter at 100 : how his life outside the White House proves he's long been ahead of his time by Timothy Minchin and Christopher Simmonds on The Conversation

Where are the Chagos Islands, why is Britain giving up sovereignty and what happens to the Diego Garcia military base? by Jesmine Cheong on ABC News

First 'same job, same pay' decision sheds light on new provisions by Clare Kerley, Declan McAleese and Danielle Miles of Hall & Wilcox

How the cookie Crumbls by Nils Versemann of Macpherson Kelley

An inclusive interpretation : the Federal Court analyses gender identity discrimination by Ben Motro and Sophia Bianchini of Piper Alderman

Law Report (ABC) for 1 October presented by Damien Carrick - Corporations and free speech

The new Australian statutory tort for serious invasions of privacy - what does it currently look like? by Cameron Abbott, Christien Corns, Rob Pulham, Sam Rappensberg and Elise Vrijens of K&L Gates

NSW Court of Appeal overturns Supreme Court decision on Sydney Light Rail construction nuisance case by Colleen Palmkvist and Candice Day of Lander and Rogers

Truth, the courts and truth decay, Chief Justice Bell, 2024 Acton Lecture

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Knitting Nanas take on Anti-Protest Laws and Win

Bills assented to

Child Protection (Offenders Registration) Amendment Act 2024 No 62 — assented to 30 September 2024

Environmental Trust Amendment Act 2024 No 68 — assented to 30 September 2024

Local Government Amendment (Rural and Remote Councils) Act 2024 No 63 — assented to 30 September 2024

Ports and Maritime Administration Amendment Act 2024 No 67 — assented to 30 September 2024

Regional Development Amendment Act 2024 No 64 — assented to 30 September 2024

Strata Managing Agents Legislation Amendment Act 2024 No 65 — assented to 30 September 2024

Universities Legislation Amendment Act 2024 No 66 — assented to 30 September 2024

Cridge v Studorp Limited [2024] NZCA 483 - negligence, duty of care, new duty, "It considered the duty of care should be formulated as follows: the manufacturer of a cladding product intended for use as a key component in the construction of a weathertight building owes a duty of care to an owner of the building to exercise reasonable care and skill in the design, manufacture and supply of the product so as to prevent loss from damage to the building caused by water ingress."

Advanced introduction to indigenous human rights / Dinah L. Shelton and Federico Guzman Duque

The legal recognition of animal sentience : principles, approaches and applications / Jane Kotzmann and M. B. Rogdriguez Ferrere (eds.)

Pleading precedents (7th ed.) / Edmund Finnane and Raphael Perla

Research handbook on property, law and theory / Chris Bevan (ed.)

Britain is finally abolishing hereditary peers from the House of Lords – a constitutional expert on the historical reforms that built up to this moment by Meg Russell on The Conversation

Can GenAI outperform Australian law students? by Jerome Doraisamy in Lawyers Weekly

How defamation became Australia's new fight club by Annabel Crabb for ABC's Long Read

Why do people breach their bail? Our research shows it's not because they’re committing more crimes by Natalie Gately and Suzanne Rock on The Conversation

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 12 : Heywood v Local Court of New South Wales [2024] NSWCCA 1047, Behi v R [2024] NSWCCA 89, Keen v R [2024] NSWCCA 157, R v Martin [2024] NSWSC 968, Rabieh v R [2024] NSWCCA 154

Commonwealth military justice systems - an Australian perspective, Justice Logan, Commonwealth Magistrates' and Judges' Association Conference

Convergences and divergences in Australian and New Zealand law, Justice Black, Banking and Financial Services Law Association Conference

Countdown to the Administrative Review Tribunal - 3 weeks to go! by Rebekha Pattison, Emma Lawrence, Kendall Mutton and Jena Dobie of King and Wood Mallesons

A farewell to arms by the Australian senior judiciary?, Justice Logan, An after-dinner speech delivered at the New South Wales Tri-Service Legal Panel Dinner Law Society House

Judicial review in Papua New Guinea, Justice Logan, Commonwealth Lawyers’ Association/PNG Law Society/PNG Centre

Knowing assistance and knowing receipt : divergences between England and Australia, Justice White at University of Technology

Law Pod UK - Episode 205 : Of mice and murder in The Temple, David Hart KC talks to Sally Smith KC about her first novel

Law Report (ABC) for 24 September presented by Damien Carrick - What's behind Mexico's plan to elect judges?

The origins, evolution and merits of the civil penalty regimes enforced by the Australian Securities and Investments Commission by Ian Ramsay and Miranda Webster from University of Melbourne

Purpose in statutory interpretation, Lord Sales, Oxford University and University of Notre Dame Seminar on Public Law Theory

Socially disadvantaged accused : how (or should) courts take this into account?, Honourable Justice Macaulay delivered at Deakin University

Some issues in enforcement of directors' duties, Justice Black at Monash University

Succession and the conflict of laws, Chief Justice Bell, Succession Law Conference, Blue Mountains Law Society

When is an arbitrator's job done? The doctrine of 'Functus Officio' ties tribunal's hands in High Court case by Domenico Cucinotta and Yan Zhang of King & Wood Mallesons

In progress

Agriculture Commissioner Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Tue 24 Sep 2024

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 25 Sep 2024

Environmental Planning and Assessment Amendment (Affordable Housing Statutory Condition) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 26 Sep 2024

Environmental Planning and Assessment Amendment (Certification) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Tue 24 Sep 2024

Fines Amendment (Parking Fines) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 26 Sep 2024

Justice Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 25 Sep 2024

Marine Safety Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 25 Sep 2024

Portable Long Service Leave Legislation Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 25 Sep 2024

Public Health (Tobacco) and Other Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 26 Sep 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Assembly, To be reported, Wed 25 Sep 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Thu 26 Sep 2024

Royal Botanic Gardens and Domain Trust Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

State Emergency and Rescue Management Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 25 Sep 2024

Water Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 24 Sep 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Thu 26 Sep 2024

Awaiting assent

Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 - Awaiting Assent, Tue 24 Sep 2024

Environmental Trust Amendment Bill 2024 - Awaiting Assent, Wed 25 Sep 2024

Music Festivals Amendment Bill 2024 - Awaiting Assent, Thu 26 Sep 2024

Police Amendment (Police Officer Support Scheme) Bill 2024 - Awaiting Assent, Thu 26 Sep 2024

Universities Legislation Amendment Bill 2024 - Awaiting Assent, Tue 24 Sep 2024

Bills assented to

Government Sector Finance Amendment (Integrity Agencies) Act 2024 No 57 — assented to 23 September 2024

Transport Administration Amendment Act 2024 No 58 — assented to 23 September 2024

Notice of motion

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 (No 2) - in Legislative Council, Notice of Motion, Tue 24 Sep 2024

Thoroughbred Racing Amendment (Power to Remove Chief Executive and Appointed Members) Bill 2024 - in Legislative Council, Notice of Motion, Tue 24 Sep 2024

Notice of motion withdrawn

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, Notice of Motion Withdrawn, Tue 24 Sep 2024

Tesco Stores Ltd (Respondent) v Union of Shop, Distributive and Allied Workers and others (Appellants)[2024] UKSC 28 - employment contracts, retained pay

Climate change, cattle, and the international legal order / Rebecca Williams

Exporting the European Convention on Human Rights / Maria-Louiza Deftou