The Library Bulletin

Huxley v The Queen [2023] HCA 40 - criminal practice, co-accused

Karpik v Carnival PLC [2023] HCA 39 - consumer protection, extraterritorial application of s 23 of Australian Consumer Law

Potts v National Australia Bank Limited [2023] HCA 41 - special leave to appeal

Real Estate Tool Box Pty Ltd & Ors v Campaigntrack Pty Ltd & Anor [2023] HCA 38 - copyright infringement

Criminal procedure in Australia (3rd ed) / Francine Feld, Andrew Hemming and Thalia Anthony

The Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform this weekend. The new platform will retain our previously subscribed content.

Training guides and on-demand webinars for the new platform are available from the link below.

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Proclamations commencing Acts

Criminal Procedure Amendment (Child Sexual Offence Evidence) Act 2023 No 32 (2023-630) — published LW 1 December 2023

Motor Dealers and Repairers Amendment Act 2023 No 28 (2023-619) — published LW 24 November 2023

State Insurance and Care Governance Amendment (ICNSW Board) Act 2023 No 16 (2023-631) — published LW 1 December 2023

In progress

24-Hour Economy Commissioner Bill 2023 - in Legislative Council, To be reported, Wed 29 Nov 2023

Ageing and Disability Commissioner Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Casino Control Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 30 Nov 2023

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Tue 28 Nov 2023

Constitution Amendment (Executive Council) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 clear days, Thu 30 Nov 2023

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Constitution Amendment (Water NSW and Local Water Utilities) Bill 2023 - in Legislative Assembly, 2R, Debate adjourned 5 clear days, Thu 30 Nov 2023

Crimes Amendment (Prosecution of Certain Offences) Bill 2023 - in Legislative Assembly, To be reported, Thu 30 Nov 2023

Customer Service Legislation Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Detention Legislation Amendment (Prohibition on Spit Hoods) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 23 Nov 2023

Greater Cities Commission Repeal Bill 2023 - in Legislative Council, 2R, Tue 28 Nov 2023

High Risk Offenders Legislation Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 23 Nov 2023

Institutions Legislation Amendment Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 29 Nov 2023

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Nov 2023

Minerals Legislation Amendment (Offshore Drilling and Associated Infrastructure Prohibition) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Tue 21 Nov 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Tue 28 Nov 2023

Pill Testing Trial Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 29 Nov 2023

Thoroughbred Racing Amendment Bill 2023 - in Legislative Council, To be reported, Tue 28 Nov 2023

Unlawful Gambling Amendment (Betting on Animals) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 22 Nov 2023

Water Management Amendment (Transfer of Water) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 30 Nov 2023

Awaiting assent

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 - Awaiting Assent, Thu 30 Nov 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Building Legislation Amendment Bill 2023 - Awaiting Assent, Tue 21 Nov 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - Awaiting Assent, Thu 23 Nov 2023

Climate Change (Net Zero Future) Bill 2023 - Awaiting Assent, Thu 30 Nov 2023

Electoral Funding Amendment Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Emergency Services Legislation Amendment Bill 2023 - Awaiting Assent, Wed 22 Nov 2023

Energy Legislation Amendment Bill 2023 - Awaiting Assent, Tue 28 Nov 2023

Industrial Relations Amendment Bill 2023 - in Legislative Assembly, Awaiting Assent, Thu 30 Nov 2023

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023 - Awaiting Assent, Wed 29 Nov 2023

Strata Legislation Amendment Bill 2023 - Awaiting Assent, Wed 22 Nov 2023

Transport Administration Amendment (TAHE) Bill 2023 - Awaiting Assent, Tue 28 Nov 2023

Notice of motion

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2023 - in Legislative Council, Notice of Motion, Tue 28 Nov 2023

Companion Animals Amendment (Duty to Keep Cats on Premises) Bill 2023 - in Legislative Council, Notice of Motion, Thu 30 Nov 2023

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 30 Nov 2023

Access to justice : rethinking the framework, Sir Ross Cranston, Ninth BAILII Sir Henry Brooke Lecture

Case summary : GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore by Justin Dyson of McCabes

Ceremonial sitting of the Full Court to farewell the Honourable Justice Rares, Federal Court of Australia

Comparing Australia's insolvent trading regime with New Zealand's reckless trading regime, Dr Jason Harris, Mark Wellard and Natasha McHattan, Ross Parsons Centre Law and Business seminar

Dignity and adoption in the eyes of a child or young person : the perspective of an equity judge, Justice Geoff Lindsay AM, Adoption Conference

Exceptions : self-defence as an exception to the prohibition on the use of force by Iain Scobbie, The University of Manchester Legal Research Paper Series No. 23/16

High Court reasons on immigration ruling pave way for further legislation by Daniel Ghezelbash and Anna Talbot on The Conversation

Law Report (ABC) for 21 November presented by Damien Carrick - Battle of the burger chains; hundreds sentenced in Italy mafia trial

New point of law : what can be considered as a protected document? by Patrick Ibbotson, Susanne Rakoczy of Maddocks

Piecrust promises and broken hearts on Conversations with Richard Fidler

Profoundly different ways of thinking : management of persons, property and relationships disputes v adjudication of competing claims of right, Justice Geoff Lindsay AM, STEP NSW

Unjust enrichment in Australia 2021-2022 by Kit Barker and Penelope Bristow in 2023 Lloyds Maritime and Commercial Law Quarterly 130-170

Use of artificial intelligence in criminal cases by Srishti Agarwal in International Review of Law and Technology Volume 2 Issue 2, Forthcoming

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Stephen interviews Bri Lee, author of Eggshell Skull

Canada province uses constitutional override to advance pronoun legislation by Leyland Cecco in The Guardian

Melbourne man loses legal battle with pet-sitter who couldn’t get his dog Sooty to take medication via pork buns by Adeshola Ore in The Guardian

DM v TH [2023] NSWSC 1421 - family law, French court has recognised the paternity of a father not listed on a child's birth certificate, whether orders can be made under s 21 of the Status of Children Act 1996 (NSW) to declare that the father is the father of the child and whether order can be made under s 19 of the Births, Deaths and Marriages Act 1995 (NSW)

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCA 37 - constitutional law, indefinite immigration detention

Salman v Hornsby Shire Council [2023] NSWDC 506 - expert evidence, expert states qualification as ergonomist, whether expert qualified to express opinions

Annotated administrative appeals legislation (5th ed) / Nathan Moshinsky

Health law in Australia (4th ed) / Ben White, Fiona McDonald, Lindy Willmott and Shih-Ning Then

The blurring of lines between shipping contracts, Justice Rares, International Congress of Maritime Arbitrators XXII, Dubai

Book launch of Contempt by Professor David Rolph, The Hon A S Bell, Banco Court, Supreme Court of New South Wales

Can an e-bike be a motor vehicle? by Tanya Smart of Hall and Wilcox

A chance to close the proportionality chapter in Australian constitutional law? by Guy Baldwin on Australian Public Law

Constitutional puffery : the 'protection' of Sydney Water in the NSW Constitution by Dane Luo on Australian Public Law

Cultivating judges' well-being, optimising judicial performance : navigating stress, fostering health, and ensuring judicial resilience and excellence, Tatiana Veress and Justice Peter Jamadar and Closing of Day 1 (Bangalore Principles on Judicial Integrity) from the Honourable Michael Kirby AC CM, Evolving Justice : ASEAN Judges Conference

Duties and responsibilities of venue operators, security companies and patrons : Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265 by Nicole Oglesby of McCabes

Employee accused of misconduct reinstated following 'deeply flawed' investigation by Jonathon Hadley, Angela Marra and Jacob Stacey of Gadens

First Nations people, law and injustice, Stephen Bottomley and Simon Bronitt, Law in Context (Federation Press, 5th ed, 2023) ch 3

Law in Action (BBC) presented by Joshua Rozenberg - Deepfakes and the law

Law Report (ABC) for 14 November presented by Damien Carrick - Why did the High Court rule indefinite immigration detention unlawful?

Revisiting personhood theories and effective AI legal framework : contemporary and Muslim's discourse, Professor Ida Madieha Abdul Ghani Azmi, CIPIL Evening Seminar

Shining a light on injustice : how an inquiry fought for LGBTIQ recognition by Justin Ellis and Nicole L. Asquith on The Conversation

What is the difference between 'gross' negligence and 'normal' or 'mere' negligence under Australian law? by Michael Swinson, Christian Bablanian and Jonathan Amirzaian of King and Wood Mallesons

When your contract ends up in the bin : United Resource Management Pty Ltd v Par Recycling Services Pty Ltd by Rachel Bannikoff, Aneale Banerjee and Monica Jones of HWL Ebsworth

Canada Square Operations Ltd v Potter [2023] UKSC 41 - limitation

HCF v The Queen [2023] HCA 35 - criminal practice, miscarriage of justice, juror or jury misconduct

Logue v DPP (No2) [2023] NSWDC 494 - criminal law, costs

McNamara v The King [2023] HCA 36 - evidence

R (on the application of AAA and others) v Secretary of State for the Home Department [2023] UKSC 42 - immigration, refugees

Rangi v Mable [2023] NZFC 10811 - family law, guardianship, contact, consideration of "familial, community and cultural matters which are inherent in the development of the identity of a Māori child. These considerations are different from those for a Pākehā child"

Aviation law in Australia (6th ed.) / Ronald I. C. Bartsch

Killing for country : a family story / David Marr

Colombia passes ambitious 'junk food law' to tackle lifestyle diseases by Weronika Strzyżyńska on The Guardian

EU strikes landmark deal on law to restore and protect nature by Ajit Niranjan on The Guardian

High Court to hear Commonwealth challenge to $700m Arnhem Land compensation claim on ABC

Hungry Jack's Big Jack 'not deceptively similar' to McDonald's Big Mac in burger case, court finds by Helena Burke on ABC

Who owns AI art? by Adi Robertson on The Verge

17 years in the judicial sea : a voyage through my experiences as an admiralty and maritime judge, Justice Rares, MLAANZ NSW Branch 2023 Mini Conference

Citizenship and immigration law : through her opinions, in The jurisprudential legacy of Ruth Bader Ginsburg 63 (Ryan Vacca & Ann Bartow eds., NYU Press 2023) by M. Isabel Medina, Loyola University New Orleans College of Law Research Paper No. 2013-16

Company directors must act now and consider nature-related risks, according to new legal opinion by Claire Smith, Nick Thomas, Stephanie Daveson and Alice Brennan of Clayton Utz

The entangled complexity of statute law and judge-made law, The Hon. Justice Leeming, UNSW School of Private and Commercial Law Seminar Series

'I have no rights' : what happens to stateless people in Australia after the High Court's ruling? by Katie Robertson and Michelle Foster on The Conversation

An inquiry to investigate a problem creates new problems : the ACT Board of Inquiry into Criminal Justice by Matthew Groves on Australian Public Law

Law Report (ABC) for 7 November presented by Damien Carrick - Naming sexual assault suspects in the media; surveillance in the workplace

Legal opinion – gaps in the Environment Protection and Biodiversity Conservation Act and other federal laws for protection of the climate, Report for the Climate Council by Professor Jacqueline Peel

A severed finger, a boat and a chain : Farriss v Axford [2023] NSWCA 255 by Nicole Oglesby of McCabes

Trying to understand antisemitism today, Justice Jagot, Sir Zelman Cowen Annual Lecture

Undue influence renders will invalid by Peter Hewish of McCabes

When is there a 'matter' for the Federal Court to resolve? by Michael Palfrey, Daniel Stewart and Neil Cuthbert of HWL Ebsworth

When (lack of) silence is golden – the true impact of non-disparagement clauses by Shaun Temby, Meaghan Bare and Rebecca Power of Maddocks

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Curious Case of Judge Vasta

The words that helped wrongly convict Kathleen Folbigg by Kate Burridge and Stephen Cordner on The Conversation

Proclamations commencing Acts

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 No 67 (2023-599) — published LW 10 November 2023

Anderson v Yongpairojwong [2023] NSWSC 1359 - succession, contested probate, testamentary capacity

Kramer v Stone [2023] NSWCA 270 - equity, estoppel by encouragement

Nahata v Robertson (No 2) [2023] NSWSC 1297 - personal costs orders against lawyers

An AI just negotiated a contract for the first time ever — and no human was involved by Ryan Browne on CNBC

Calls to overhaul Australian jury system to include First Nations people for 'fair, just' trials by Julia André and Larissa Waterson on ABC

Landmark High Court ruling paves way to end indefinite detention for asylum seekers with nowhere to go by Elizabeth Byrne and Nicole Hegarty on ABC

New High Court chief justice Stephen Gageler formally acknowledges Indigenous Australians during swearing-in ceremony by Elizabeth Byrne and Charlotte Gore on ABC

Wrongful convictions in Australia : addressing issues in the criminal justice system / Stephen Cordner and Kerry Breen

Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd – how to determine "ordinary signification" by Tim O'Callaghan, Travis Shueard and Zara Cox of Piper Alderman

Constitutional cloud cast by High Court over state taxes affecting goods : Vanderstock and the future of federal-state taxation powers by Adrian Chek, Scott Lang, Tom Tian, George Bishop and Anuki Suraweera of Allens Linklaters

Designing gender equality into the future of law, research report from the Gender Equality in Working Life Research Initiative at the University of Sydney led by Professor Rae Cooper AO, Director and Associate Professor Elizabeth Hill, Deputy Director

Does Australia need dedicated sexual assault courts? by Vicki Lowik and Amanda-Jane George on The Conversation

Investor-State dispute settlement : Federal Court rejects Indian claim to foreign State immunity by Edwina Kwan and Jack McNally of King and Wood Mallesons

Law Report (ABC) for 31 October presented by Damien Carrick - Judicial capacity building in the Pacific

Legal professional responsibility in the digital age – critical, outdated or redundant? from Centre for Legal Innovation, panel discussion with Matthew Dunn, Catherine Gleeson, Jeannie Paterson and Jennifer Shaw as part of the CLI Legal Generative AI Summit 2023

Medical Review Panel bound to conduct review : Insurance Australia Limited t/as NRMA Insurance v Mangogna [2023] NSWPICMP 509 by Helen Huang of McCabes

Regulators to enjoy the benefit of the High Court's assessment of value by Shaun Temby and Mehar Chawla of Maddocks

Section 249E has been corrupted (this is a good thing) by Phil Turner and Manda Knezevic of Gilbert + Tobin

Tiptoeing around the 'tipping point' – limits to amending a development application before it is determined by Thomas Kwok, Katharine Huxley and Adina Ali of Holding Redlich

A High Court case gives one woman a green light to sue the Catholic Church — and hope to thousands of sexual abuse survivors by Louise Milligan on ABC

High court rules First Nations tenants should get compensation over dilapidated remote housing on The Guardian

Judges to be protected against civil lawsuits after Salvatore Vasta sued over wrongful imprisonment by Christopher Knaus on The Guardian

No back door for 5 years : remote community's High Court win is good news for renters everywhere by Chris Martin on The Conversation

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.

Benbrika v Minister for Home Affairs [2023] HCA 33 - constitutional law, citizenship

CCDM Holdings, LLC v Republic of India (No 3) [2023] FCA 1266 - arbitration, foreign State immunity

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 - courts

Jones v Commonwealth of Australia [2023] HCA 34 - constitutional law, citizenship

Walsh v KC & WL Brain Pty Ltd [2023] NSWDC 38 - contracts

Young v Chief Executive Officer (Housing) [2023] HCA 31 - residential tenancies

Bills assented to

Defamation Amendment Act 2023 No 36 — assented to 30 October 2023

Health Legislation Amendment (Miscellaneous) Act 2023 No 37 — assented to 30 October 2023

Justice Legislation Amendment (Miscellaneous) Act 2023 No 39 — assented to 30 October 2023

Revenue, Mining and Energy Legislation Amendment Act 2023 No 40 — assented to 30 October 2023

Statute Law (Miscellaneous Provisions) Act (No 2) 2023 No 35 — assented to 30 October 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Act 2023 No 38 — assented to 30 October 2023

Contempt / David Rolph

Proclamations commencing Acts

Public Spaces (Unattended Property) Act 2021 No 38 (2023-581) — published LW 27 October 2023

Bills assented to

Criminal Procedure Amendment (Child Sexual Offence Evidence) Act 2023 No 32 — assented to 24 October 2023

Mining Amendment (Mineral Claims—Opal) Act 2023 No 29 — assented to 24 October 2023

Motor Dealers and Repairers Amendment Act 2023 No 28 — assented to 24 October 2023

Paintball Amendment Act 2023 No 31 — assented to 24 October 2023

Radiation Control Amendment Act 2023 No 30 — assented to 24 October 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Act 2023 No 33 — assented to 24 October 2023

Work Health and Safety Amendment Act 2023 No 34 — assented to 24 October 2023

Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 - representative proceedings, Australian Consumer Law

Masi-Haini v Minister for Home Affairs [2023] FCAFC 126 - judicial review, irrationality or illogicality

R v Fleming (Costs) [2023] NSWSC 1258 - crime