The Library Bulletin

The Bar Library will be closed on Thursday 29 August to allow the Librarians to attend the NSW Bar Association Staff Business Planning day. We apologise for any inconvenience.

It's time : High Court to consider key class action issues by Ian Bolster, John Pavlakis, Mark Bradley and Sally-Anne Stewart of Ashurst

Law Report (ABC) for 13 August guest presented by Suzie Miller - Is there a role for restorative justice in sexual assault cases?

Legislation in the contemporary administrative state : an Australian perspective on Loper Bright by Lisa Burton Crawford on Australian Public Law

Martial law and the Wiradjuri presented by David Marr on Late Night Live (Radio National)

Opening Keynote Address to Association of Litigation Funders of Australia, Chief Justice Bell

Pure economic loss : assumption of responsibility key to liability by Andrew Orford, Petrina Macpherson and Connor Wright of Minter Ellison

Regulating generative AI in Australia : challenges of regulatory design and regulator capacity by Philipp Hacker, Sarah Hammer, Andreas Engel, Brent Mittelstadt, Handbook on Generative AI (Oxford University Press, 2024)

Upcoming review of the future acts regime under the Native Title Act by Jenny Humphris, Anneliese Castle, and Laura Guise of Holding Redlich

The US Supreme Court overrules Chevron by Harry Sanderson on Australian Public Law

Welcome certainty or a "radical" development? Proportionate liability laws apply in arbitrations in Australia by Luke Carbon and Thomas Gaffney of Ashurst

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no

You only get one bite of the cherry in arbitration : CBI Constructors Pty Ltd v Chevron Australia Pty Ltd by James Wang, Cathryn Joyce and Rupert Williamson of King and Wood Mallesons

First Nations families denied justice, landmark inquiry into murdered and missing women finds by Brooke Fryer, Stephanie Boltje, Ali Russell and Kirstie Wellauer on ABC

The Geneva Conventions at 75 : do the laws of war still have a fighting chance in today’s bloody world? by Marnie Lloydd on The Conversation

High Court to decide if judges can be sued for making a mistake in sentencing by Elizabeth Byrne on ABC

A world-first law in Europe is targeting artificial intelligence. Other countries can learn from it by Rita Matulionyte on The Conversation

The Bar Library will be closed on Thursday 29 August to allow the Librarians to attend the NSW Bar Association Staff Business Planning day. We apologise for any inconvenience.

BQ v The King [2024] HCA 29 - expert evidence, opinion evidence, credibility evidence

CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 - arbitration

Productivity Partners Pty Ltd v Australian Competition and Consumer Commission; Wills v Australian Competition and Consumer Commission [2024] HCA 27 - consumer protection

Steven Moore (a pseudonym) v The King [2024] HCA 30 - evidence

Confidentiality in litigation : undertakings, privilege and open justice / G. E. Dal Pont

Dealing with bribery and corruption in international commercial arbitration : to probe or not to probe / Emmanuel Obiora Igbokwe

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.

Bills assented to

Coal Mine Subsidence Compensation Amendment Act 2024 No 48 — Assented to 15 August 2024

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024 No 51 — Assented to 15 August 2024

Rice Marketing Amendment Act 2024 No 50 — Assented to 15 August 2024

Water Management Amendment (Central Coast Council) Act 2024 No 49 — Assented to 15 August 2024

Awaiting assent

Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 - Awaiting Assent, Wed 14 Aug 2024

Industrial Relations Amendment (Administrator) Bill 2024 - Awaiting Assent, Thu 15 Aug 2024

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 - Awaiting Assent, Tue 13 Aug 2024

Ombudsman and Other Legislation Amendment Bill 2024 - Awaiting Assent, Tue 13 Aug 2024

Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024 - Awaiting Assent, Thu 15 Aug 2024

In progress

Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 - in Legislative Council, Referred to committee for inquiry and report, Thu 15 Aug 2024

Child Protection (Offenders Registration) Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 13 Aug 2024

Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 15 Aug 2024

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - in Legislative Assembly, 2R Debate, in progress, Thu 15 Aug 2024

Environmental Trust Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned, Thu 15 Aug 2024

Government Sector Finance Amendment (Integrity Agencies) Bill 2024 - in Legislative Assembly, To be reported, Thu 15 Aug 2024

Local Government Amendment (Rural and Remote Councils) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Debate adjourned, Thu 15 Aug 2024

Petroleum (Onshore) Amendment (Liverpool Plains Prohibition) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 14 Aug 2024

Ports and Maritime Administration Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned, Thu 15 Aug 2024

Regional Development Amendment Bill 2024 - in Legislative Council, 2R Speech, Debate interrupted, Thu 15 Aug 2024

Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024 - in Legislative Council, Awaiting Minister's 2R Speech, Set down for a later hour of the sitting, Tue 13 Aug 2024

Strata Managing Agents Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 14 Aug 2024

Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 15 Aug 2024

Notice of motion

Tobacco Licensing Bill 2024 - in Legislative Assembly, Notice of Motion, Tue 13 Aug 2024

Awaiting assent

Coal Mine Subsidence Compensation Amendment Bill 2024 - Awaiting Assent, Thu 8 Aug 2024

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Rice Marketing Amendment Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Statute Law (Miscellaneous Provisions) Bill 2024 - Awaiting Assent, Wed 7 Aug 2024

Water Management Amendment (Central Coast Council) Bill 2024 - Awaiting Assent, Thu 8 Aug 2024

In progress

Industrial Relations Amendment (Administrator) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 8 Aug 2024

Local Government Amendment (Rural and Remote Councils) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Aug 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Council, To be reported, Fri 9 Aug 2024

Pill Testing Trial Bill 2023 - Negatived, 2R negatived on division in the LC, Wed 7 Aug 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, 2R Debate, in progress, Thu 8 Aug 2024

Regional Development Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 6 Aug 2024

Transport Administration Amendment Bill 2024 - in Legislative Council, Consideration in Committee of the Whole, Set down for a later hour of the sitting, Thu 8 Aug 2024

Universities Legislation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 7 Aug 2024

Water Management Amendment (Water Access Licence Register Reform) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 8 Aug 2024

Notice of motion

Anti-Discrimination and Crimes Legislation Amendment (Disability) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Crimes Amendment (Animal Sexual Abuse) Bill 2024 - in Legislative Council, Notice of Motion, Thu 8 Aug 2024

Government Sector Finance Amendment (Integrity Agencies) Bill 2024 - in Legislative Council, Notice of Motion, Wed 7 Aug 2024

Government Sector Finance Amendment (Integrity Agencies and Parliament) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Greyhound Racing Ban Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

Local Government Amendment (Pecuniary Interests) Bill 2024 - in Legislative Council, Notice of Motion, Tue 6 Aug 2024

There are CCH iKnowConnect training sessions during August and September.

They include :

Discover the Magic : CCH iKnowConnect

Tue, 20 Aug at 11:00am AEST Tue, 3 Sep at 11:00am AEST Tue, 17 Sep at 11:00am AEST

CCH iKnowConnect Advance Search

Tue, 13 Aug at 2:00pm AEST Wed, 28 Aug at 2:00pm AEST Wed, 11 Sep at 2:00pm AEST Wed, 25 Sep at 2:00pm AEST Wed, 21 Aug at 2:00pm AEST Wed, 4 Sep at 2:00pm AEST Wed, 18 Sep at 2:00pm AEST Wed, 2 Oct at 2:00pm AEST

Can AI chatbots be reined in by a legal duty to tell the truth? by Chris Stokel-Walker in New Scientist

Google broke law to maintain online search monopoly, US judge rules by Nick Robins-Early in The Guardian

High Court to rule on legality of curfew and ankle bracelets for those freed from indefinite immigration detention by Elizabeth Byrne on ABC

A US Court has ruled Google is an illegal monopoly – and the internet might never be the same by Zena Assaad on The Conversation

Cook (a pseudonym) v The King [2024] HCA 26 - criminal law, sexual offences

Kenneth Linton Smith v Central Coast Council [2024] NSWSC 981 - land law, adverse possession, whether the acts of the plaintiff and his predecessors in title establish factual possession and intention to possess

Knox v Peacock [2024] NSWSC 976 - succession, contested probate, testamentary capacity, application of test in Banks v Goodfellow

Mallonland Pty Ltd ACN 051 136 291 & Anor v Advanta Seeds Pty Ltd ACN 010 933 061 [2024] HCA 25 - negligence, duty of care, contaminated grain sorghum seed

Sydney Metro v C & P Automotive Engineers Pty Ltd [2024] NSWCA 186 - land law, compulsory acquisition of land, compensation, meaning of "relocation"

Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 - arbitration, proportionate liability

Hashtag capitalism : an introduction by Akshaya Kamalnath, forthcoming in Alternative Law Journal (2024)

High Court confirms that Australian statutory proportionate liability regimes apply in arbitration by Amanda Lees, Domenico Cucinotta and Rachel Spain of King and Wood Mallesons

How fragile is the legal system? A centenary reflection on the 1923 Victorian police strike, Justice Jackman at the Anglo-Australasian Lawyers Society

Landmark Federal Court penalty for ASIC greenwashing proceeding by Jeremy Jose, Luke Barrett, Ilona Millar and Kelvin Ng of Gilbert and Tobin

Law Report (ABC) for 6 August presented by Damien Carrick - Reforming sexual assault law in Australia

Not reinstatement : Court of Appeal clarifies meaning of "relocation costs" by Patrick Ibbotson, Alessandro Cowley, Angus Wu of Maddocks

Of meeples : a timely reminder on trade mark use by Lauren Eade and Stuart Green of Davies Collison Cave

Pain can be impairment : Yangzom v Allianz Australia Insurance Limited [2024] NSWSC 870 by Qiming Zhou of McCabes

WEIRD? Institutions and consumers' perceptions of artificial intelligence in 31 countries by Bronwyn E. Howell, Victoria University of Wellington - School of Management

Artificial justice / Tatiana Dancy

Freedom of speech in international law / Amal Clooney and David Neuberger

Judging refugees : narrative and oral testimony in refugee status determination / Anthea Vogl

Self-determination as voice : the participation of indigenous peoples in international governance / Natalie Jones

Shipping law (5th ed.) / Martin Davies and Anthony Dickey

2024 Rule of Law : Robin Speed Memorial Address, Why has the Rule of Law arisen in human existence?, Walter Sofronoff KC

Brave new world? Human welfare and paternalistic AI by Cass R. Sunstein, Theoretical Inquiries in Law, Forthcoming

Competition law "not an immovable obstacle" in the move toward a sustainable economy by Mihkel Wilding, Sophia Haq and Charbel Hatem of Clayton Utz

Court finds investor has made his bed and has to sleep in it following oppression claims against Sleeping Duck by Shaun Temby, Rebecca Griffiths, and Catherine Macarounas of Maddocks

Court ruling clarifies WHS prosecution timing by Michael Selinger of Holding Redlich

Division of labour in the courts : balancing values in changing times by Brian Opeskin in Enduring Courts in Changing Times (2024) Australian Academy of Law, 393–408

Law Report (ABC) for 30 July presented by Damien Carrick - Combatting illegal trade in human organs

Technology, innovation, and regulation. Developments in the Australian space sector by Lesley Sutton, Luke Standen and Ethan Huang of Gilbert + Tobin

Two car accidents, nine days apart, but did either cause a psychological injury? by Helen Huang of McCabes

When will a robot be able to do my laundry? by Peter Waters of Gilbert + Tobin

Proclamations commencing Acts

Energy Legislation Amendment (Clean Energy Future) Act 2024 No 41 (2024-336) — published LW 2 August 2024

Dame Quentin Bryce on Australia's pioneering Sex Discrimination Act, 40 years on on Weekend One on One with Rania Yallop

'Real opportunity' : Disability RC Chair reacts to govt response on RN Breakfast

What are 'metacrimes' – and how can we stop them? by Ausma Bernot, Kai Lin, Milind Tiwari and You Zhou on The Conversation

Crackin' Snack Pty Ltd v Gameking Australia Pty Ltd [2024] NSWCA 182 - Misleading or deceptive conduct – Purported termination of contract – "No transaction" case – Termination unavailable where breach of contract was minor and innocent party affirmed the contract

Islamic contract law / Ilias Bantekas, Jonathan G. Ercanbrack, Umar A. Oseni and Ikram Ullah

McGregor on damages / Harvey McGregor. 22nd edition by James Edelman

Public nuisance : the new mass tort frontier / Linda S. Mullenix

Scholars of contract law / James Goudkamp and Donal Nolan (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.

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 10 : Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15, Commissioner of NSW Police v Murphy [2024] NSWSC 617 / Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (we are counting this as one case, okay?), Baydoun v R [2024] NSWCCA 65, R v Kellson [2024] NSWDC 137

AI for lawyers : quicker and happier – but better? by Peter Waters and Anna Belgiorno-Nettis of Gilbert + Tobin

The evolution of the duty of utmost good faith : a principles-based approach by Michael Vrisakis, Anne Hoffmann, Tamanna Islam and Isabel Chong of Herbert Smith Freehills

Government debt collection after Robodebt by Lucinda O'Brien, Vivien Chen, Ian Ramsay and Paul Ali on SSRN

Law Report (ABC) for 23 July presented by Damien Carrick - Solving Britain's prison crisis ; kids who don't repay the 'bank of mum and dad'

NSW Government plan for a nature positive future by Claire Smith, Caitlin McConnel and Jennifer Williams of Clayton Utz

Privacy, punishment and private law, Andrew Roberts and Megan Richardson in E.Bant, W.Courtney, J. Goudkamp, and J. Patterson (Ed’s), Punishment and Private Law (2021: Bloomsbury)

Stop the clock : the Federal Court finds a clause limiting the time in which a claim may be brought is unfair and void by Peter Sise of Clayton Utz

Supreme Court ruling may put presidents above the law – but even kings never were by Jay Rubenstein on The Conversation

Understanding proportionality in legal costs : insights from Shallhoub v Johnson by Justin Pennay and Samantha Jack of McCabes

'Boneless' chicken wings can have bones, the Ohio Supreme Court says by Lola Murti on NPR

Compulsory voting in Australia is 100 years old. We should celebrate how special it makes our democracy by Paul Strangio on The Conversation

FraudGPT and other malicious AIs are the new frontier of online threats. What can we do? by Bayu Anggorojati, Arif Perdana and Derry Wijaya on The Conversation

From a 100-year front fence ban to rules for circus animals, Canberra has a long history of obscure laws by Emmy Groves on ABC

Nasa's science mission spacecraft are at risk from hackers, but a new law could help protect them by Sharon Lemac-Vincere on The Conversation

*

McNickle v Huntsman Chemical Company Australia Pty Ltd (Initial Trial) [2024] FCA 807 - class action concerning the alleged carcinogenic effects of Roundup

Paul Graham Unicomb v Gregory Scott Blais [2024] NSWSC 903 - Harman undertaking

Guest and Liew on the law of assignment (5th ed.) / Ying Khai Liew

Rolph on defamation (2nd ed) / David Rolph

Terrell on the law of patents (20th ed.) / Douglas Campbell, Tom Hinchliffe, Tom Mitcheson and Andrew Waugh (eds.)