The Library Bulletin

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.

Consumer and data protection in the digital economy by Kayleen Manwaring, University of New South Wales (UNSW) - UNSW Law & Justice

Executive power – an Australian perspective, Justice Gordon AC, speech delivered on 4 July 2024 at the 2024 Public Law Conference, University of Ottawa. Pre-edited version. Publication of edited version forthcoming

Honey, I shrank the contract : nano-contracts and micro-transactions by Peter Waters of Gilbert and Tobin

Law Report (ABC) for 17 September presented by Damien Carrick - Protecting the integrity of the jury system

Observations on construing a commercial contract as a whole, Justice Colvin, Western Australian Bar Association and Francis Burt Chambers Civil Litigation Skills Course

Open justice : a national approach?, Justice Lee, Piddington Society Conference

Privacy and Other Legislation Amendment Bill marks the beginning of major privacy reform by Lyn Nicholson of Holding Redlich

Davis v Davis [2024] NSWCA 222 - deed entered into for father to transfer family house to daughter while retaining continuing right of occupation – father moved out given dispute with daughter's son – error in taking account of inheritance – Error in undervaluing father's contribution pursuant to the deed – incomplete reasoning

Hildebrandt v Papakonstantinou [2024] NSWSC 1181 - proprietary estoppel, promises

In progress

Agriculture Commissioner Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 17 Sep 2024

Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 17 Sep 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 19 Sep 2024

Environmental Planning and Assessment Amendment (Certification) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Environmental Trust Amendment Bill 2024 - in Legislative Assembly, Awaiting Minister's 2R Speech, Fri 20 Sep 2024

Marine Safety Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Music Festivals Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Police Amendment (Police Officer Support Scheme) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Portable Long Service Leave Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned, Tue 17 Sep 2024

Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 18 Sep 2024

Universities Legislation Amendment Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Wed 18 Sep 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Assembly, 2R Debate, Debate postponed, Thu 19 Sep 2024

Awaiting assent

Child Protection (Offenders Registration) Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Government Sector Finance Amendment (Integrity Agencies) Bill 2024 - Awaiting Assent, Wed 18 Sep 2024

Local Government Amendment (Rural and Remote Councils) Bill 2024 - Awaiting Assent, Thu 19 Sep 2024

Ports and Maritime Administration Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Regional Development Amendment Bill 2024 - Awaiting Assent, Fri 20 Sep 2024

Strata Managing Agents Legislation Amendment Bill 2024 - Awaiting Assent, Thu 19 Sep 2024

Transport Administration Amendment Bill 2024 - Awaiting Assent, Wed 18 Sep 2024

Notice of motion

Companion Animals Amendment (Cat Containment) Bill 2024 - in Legislative Council, Notice of Motion, Tue 17 Sep 2024

Environmental Planning and Assessment Amendment (Affordable Housing Statutory Condition) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 19 Sep 2024

Plastic Reduction and Circular Economy Amendment (Further Chemicals and Products) Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 17 Sep 2024

What is the legal meaning of an emoji? by Craig Ward in The Law Society Gazette

Why Microsoft's Copilot AI falsely accused court reporter of crimes he covered by Simon Thorne in The Conversation

Commercial leases in Australia (10th ed.) / W. D. Duncan and Sharon Christensen

Proclamations commencing Acts

Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 No 43 (2024-471) — published LW 13 September 2024

In a first, Brazilian city grants legal rights to waves on Yale Environment 360

Google is facing another crucial court case in the US – and it could have major consequences for online advertising by Barbora Jedlickova on The Conversation

Mexico becomes first country to approve popular election of judges on ABC

Pacific islands submit court proposal for recognition of ecocide as a crime by Fiona Harvey in The Guardian

Attorney-General for the State of Tasmania v Casimaty & Anor [2024] HCA 31 - statutory consequence of non-compliance with statutory condition of exercise of power

Chief Commissioner of Police v Crupi & Anor [2024] HCA 34 - practice and procedure, public interest immunity

Director of Public Prosecutions v Smith [2024] HCA 32 - criminal practice

Morgan & Ors v McMillan Investment Holdings Pty Ltd & Anor [2024] HCA 33 - companies, winding up, insolvency

Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124 - payroll tax, contractors

Asset recovery and the rule of law, Lord Reed, Caribbean Judicial Civil Recovery Conference, Miami

The concept of the possession of the land by Chris Boge of Clayton Utz

"Five-stars" : Uber's victory in Court puts brakes on payroll tax assessments by Thomas Wu, Greg Protektor, Jerome Tse and Judith Taylor of King and Wood Mallesons

From 'The Castle' to court : a reminder on protected tenancies by Elly Ashley and Caitlyn Trussell of Holding Redlich

Hidden fallacies in the agency theory of the corporation, Jennifer G. Hill, European Corporate Governance Institute - Law Working Paper No. 799/2024

The implied undertaking : implications for government entities by Joanne Jary, Alexandra Hollings and Sam Shaw of Holding Redlich

Insured Punishment : Lamb v Cotogno, Kit Barker, Chapter 6 in J Goudkamp and E Katsampouka (eds) Landmark Cases in the Law of Punitive Damages (Hart, 2023) pp 99-128

Law Report (ABC) for 10 September presented by Damien Carrick - New 'justice visa' for exploited migrant workers

What does "reasonable and necessary in the circumstances" mean? by Helen Huang of McCabes

The Australian merger review law reforms : our deeper dive into the practical implications and frequently asked questions by Felicity Lee, Elizabeth Avery, Haidee Leung, Kate Blocksidge and Neeharika Maddula of Gilbert and Tobin

Australia's privacy reforms are about to arrive! Five significant things to keep an eye out for by Cheng Lim, Bryony Evans, Michael Swinson, Kirsten Bowe and Patrick Gunning of King and Wood Mallesons

Global litigation and upholding justice : pursuit of a principled approach to recognition of foreign judgments in transnational litigation, Justice Gordon, Singapore Academy of Law Journal

Introductory remarks on the occasion of the 11th John Lehane Memorial Lecture, Justice Leeming - "Contractual interpretation : an Anglo/Australian journey" by The Rt Hon Lord Hamblen

The law of contract and the Land of Lost Content by Warren Swain, University of Auckland

Law Report (ABC) for 3 September guest presented by Kristina Kukolja - Investigating war crimes in the Israel-Gaza conflict

Rational decisions can lower compensation: NSW Court of Appeal upholds impact of owner choices in compulsory acquisitions by Tom White and Alex Beale of Lander and Rogers

Remedies in intellectual property law in Australia post-Redbubble, Justice Downes, Intellectual Property Society of Australia and New Zealand annual conference

As Australian courts test legal definitions of gender, what will it mean for sex discrimination laws? by Daisy Dumas in The Guardian

oOh!media Fly Pty Ltd v Transport for NSW [2024] NSWCA 200 - compensation for compulsory acquisition of strip of land

Banking law in Australia (11th ed.) / Anton Didenko

Interpretation (3rd ed.) / Perry Herzfeld and Thomas Prince

The moral limits of the law : obedience, respect and legitimacy / Ruth C. A. Higgins

Principles of performance based legislation / Darryl O'Brien

Shaping contracts for work : the normative influence of terms implied by law / Gabrielle Golding

Shaping the law of obligations : essays in honour of Professor Ewan McKendrick KC / Edwin Peel and Rebecca Probert (eds.)

Proclamations commencing Acts

Explosives Amendment Act 2023 No 23 (2024-432) — published LW 30 August 2024

Industrial Relations Amendment (Administrator) Act 2024 No 56 (2024-430) — published LW 26 August 2024

Paintball Amendment Act 2023 No 31 (2024-433) — published LW 30 August 2024

Ramones legal war : Joey's brother sues Johnny's widow, claims she's exploiting band's legacy by Bill Donahue in Billboard

Sydney vintage shop threatened employee who took weekends off while serving on murder trial jury in The Guardian

Insurance Australia Limited t/as NRMA Insurance v Duc Thuong Le [2024] NSWSC 1022 - administrative law, judicial review, causation

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 11 : Cook (a pseudonym) v The King [2024] HCA 26, Obian v The King [2024] HCA 18, BQ v The King [2024] HCA 29, Steven Moore (a pseudonym) v The King [2024] HCA 30

Celebrating the Bicentenary of the Legislative Council of NSW, 24 August 2024, Chief Justice Bell

Law Report (ABC) for 27 August presented by guest host Kristina Kukolja - Should the Attorney-General have power to block prosecutions of war crimes and crimes against humanity?

Are overseas orders and judgments in property settlements recognised and enforceable in Australia? by Eleanor Lau, Jeanette Merjane and Laura Villemagne-Sánchez of Lander & Rogers

Revisiting the causation equation – "material contribution" not "solely caused" by Qiming Zhou of McCabes

The timeless value of insights and wisdom, Justice O'Meara, Trans-Tasman Bar Conference

The trailblazing papergirl, lawyer and playwright - Suzie Miller on Conversations with Sarah Kanowski

What we grow beyond : how The Last Jedi, Go Set a Watchman, and the Notorious R.B.G. can help attorneys be the heroes they want to be by Sam Williams, forthcoming 52 CAP. U. L. REV. (2024)

When humans repeat what AI makes up? by Amelia Harvey and Peter Waters of Gilbert + Tobin

Farrier and Stein : the environmental law handbook (7th ed.) / Peter Williams (ed.)

Financial agreements under the Family Law Act / Anthony Dickey

Personal insolvency : extinguishing debts and protecting family assets / James O'Donovan

Proclamations commencing Acts

Residential (Land Lease) Communities Amendment Act 2024 No 46 (2024-400) — published LW 23 August 2024

Scrap Metal Industry Amendment (Review) Act 2022 No 51 (2024-401) — published LW 23 August 2024

Bills assented to

Better Regulation Legislation Amendment (Miscellaneous) Act 2024 No 53 — Assented to 20 August 2024

Industrial Relations Amendment (Administrator) Act 2024 No 56 — Assented to 20 August 2024

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024 No 54 — Assented to 20 August 2024

Ombudsman and Other Legislation Amendment Act 2024 No 52 — Assented to 20 August 2024

Retail Trading Amendment (Anzac Day Trading Hours) Act 2024 No 55 — Assented to 20 August 2024

Calls for privacy law overhaul after increasing number of workers forced to undergo blood tests by Bronwyn Herbert and Heidi Davoren on ABC

Is legal jargon actually a ‘magic spell’? Science says maybe by Francis Mollica on The Conversation

In the matter of Platypus Impact Housing Australia Limited (No 2) [2024] NSWSC 1070 - costs, consideration of Beoco principle

Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960 - human rights, gender identity discrimination

Are overseas orders and judgments in property settlements recognised and enforceable in Australia? by Jeanette Merjane and Laura Villemagne-Sánchez of Lander & Rogers

Capuchin monkeys, Henry VII, rock stars and Legal Aid, Justice Dhanji, Keynote Address to the Legal Aid NSW Criminal Law Conference 2024

Federal Court imposes $11.3 million penalty in ASIC's first greenwashing case by Joanne Jary, Caitlin Waldron and Anneliese Castle of Holding Redlich

Finding solutions to the scourge of bullying and harassment by Penny Thew in Lawyers Weekly

Government debt collection after Robodebt by Lucinda O’Brien and Vivien Chen on Australian Public Law

High Court considers duty to avoid causing pure economic loss by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Katherine Mallik, Greg Midgley, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Natalie Speranza and Joanne Teagle of Clayton Utz

Law Report (ABC) for 20 August guest presented by Suzie Miller - Women in the law

With more lawsuits potentially looming, should politicians be allowed to sue for defamation? by Brendan Clift on The Conversation

Construction law (4th ed.) / Julian Bailey

Justice in tribunals (6th ed.) / J. R. S. Forbes

Military law in Australia (2nd ed.) / Robin Creyke, Dale Stephens and Peter Sutherland (eds.)

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.