The Library Bulletin

Civil justice quarterly, Volume 39(1), 2020 - in this issue : Compelling parties to judicial early evaluation but a missed opportunity for mediation : Lomax v Lomax [2019] EWCA Civ 1467 Masood Ahmed and Fatima Nursima Arslan / The perials of judicial copying and the presumption of judicial integrity : Lim Chee Huat v Public Prosecutor [2019] SGHC 132 Weiming Tan / Not so simple? Court connected mediation in Scotland Bryan Clark / China's international commercial court : a dispute settlement mechanism for the belt and road initiative Huiqin Jiang / Joining the UK's class action as a non-resident : a legislative drafting conundrum Rachael Mulheron / Resolving mass damage dispute in the Netherlands Raimond Dufour

Criminal law review, Issue 1, 2020 - in this issue : Justice in Wales for the people of Wales Lord Thomas of Cwmgiedd / Sentencing gender? Investigating the presence of gender disparities in Crown Court sentences Jose Pina-Sanchez and Lyndon Harris / Not innocent enough : state compensation for miscarriages of justice in England and Wales Carolyn Hoyle and Laura Tilt / The "Tommy Robinson" case and contempt of court : conflicting interpretations of the Criminal Procedure Rules Luke Marsh / Cases and comments : Deferred prosecution agreements - Serious Fraud Office v Serco Geografix Ltd (In the matter of the Crime and Courts Act 2013 s 45), Evidence - R v Adams(Donald Gordon), R v Brown (Nico), Fair trial - Volaw Trust and Corporate Services Ltd v Office of the Comptroller of Taxes; Volaw Trust and Corporate Services Ltd v HM Attorney General for Jersey, Judicial review - R (on the application of Thakrar) v Crown Prosecution Service, Magistrates' Court - Luton BC v Altavon Luton Ltd, Mode of trial - R v Merritt (Paul Jamie), Sentencing - R v Maguire (Terence Robert), R v Henry (Wesley); Henry (James), Trial - R v Allen (Leslie)

Public law, January 2020 - in this issue : Extraterritoriality and statutory interpretation : the increasing reach of investigative powers Alex Davidson / A cuckoo in the nest of the Scottish Ombudsman Chris Himsworth / Shifting powers in the United States Government Kathryn E Kovacs / Work, dignity and non-citizens : reflections from the Irish constitutional order Cliodhna Murphy and Desmond Ryan / The ouster of Parliamentary sovereignty? Benjamin Joshua Ong / Legislating for referendums in the United Kingdom Leah Trueblood / The importance of regulators and inspectorates to the realisation of equality and human rights : ensuring compliance and supporting mainstreaming David Barrett / Power/knowledge dynamics in the Attorney General's Iraq War advice Rebecca Moosavian / Subnational constitutionalism in comparative perspective : the case of Scotland Alan Page and Yee-Fui Ng / Economic regulation in a plural public sector : the Office of Rail and Road and Network Rail Tony Prosser / Same-sex marriage in national and international courts : "apply principle now" and "wait for consensus"? Robert Wintemute

University of Queensland law journal, Volume 38(2), 2019 - in this issue : Introduction to the special issue on expert evidence Jason M Chin and Caitlin Goss / Forensic science evidence, wrongful convictions and adversarial process David Hamer and Gary Edmond / The legal and scientific challenge of blacj box expertise Rachel A Searston and Jason M Chin / Performance claims in forensic science expert opinion evidence Chloe A Smith and Matthew B Thompson / The impact of gender-role congruence on the persuasiveness of expert testimony Blake M McKimmie, Regina A Schuller, Simon Thomas and Helen Sherrel / Latent science : a history of challenges to fingerprint evidence in Australia Gary Edmond / Police as experts in the detection of alcohol and other drug intoxication : a review of the scientific evidence within the Australian legal context Lauren A Monds, Julia Quilter, Celine van Golde and Luke McNamara / Beyond common knowledge : reviewing the use of social science evidence in Australian courts Kathryn McMillan QC and Nicholas Pokarier

Happy new year, welcome back.

Australian Competition and Consumer Commission v Trivago N.V. [2020] FCA 16 - consumer law, misleading or deceptive conduct

Forkin v Young [2020] NSWCATAD 29 - equal opportunity, sexual harassment, whether conduct of a "sexual nature", evidentce, rule in Jones v Dunkel

Crimes Legislation Amendment Act 2018 No 83 - 28 March 2020 appointed as the day on which the following provisions of the Act commence — (a) Schedule 1[4], (b) Schedule 1[5], but only to the extent that it inserts sections 79A and 79B into the Crimes (Domestic and Personal Violence) Act 2007.

You can now use links on the NSW Legislation website to purchase professionally printed and bound copies of NSW legislation in a choice of formats. They are provided by LitSupport (TIMG), the preferred supplier for hard copy NSW legislation. See the factsheet here for more information.

Great Australian Bight oil drilling approval to be challenged in Federal Court by Eugene Boisvert, Patrick Martin and Stacey Lee on ABC News

High Court decision casts pall of uncertainty over class action lawsuits in Australia by Rebecca Turner on ABC News

Edmund Barton - 100 years on by Nathan Church on Parliament of Australia FlagPost - examines the career of Edmund Barton

Faith, hope, and charity - religion as a public benefit in modern Australia by Justice Sarah Derrington, 2019 CLAANZ Annual Public Lecture - examines charity

Law Pod UK Ep 101 : Should medical claims be done differently? presented by James Badenoch QC and David Hart QC - considers medical negligence claims

Recent podcasts from Law Report (ABC) presented by Damien Carrick 21 January - Do Victorian committals deliver fair and fast justice? 14 January - Youth justice, Maori style 7 January - No handcuffs, no uniform : a different approach to youth justice

Commonwealth law reports, Volume 264(3), December 2019 - in this issue : Alley v Gillespie / BEG15 v Minister for Immigration and Border Protection / CQZ15 v Minister for Immigration and Border Protection / Grajewski v Director of Public Prosecutions (NSW) / Immigration and Border Protection, Minister for v SZMTA / R v Falzon / Taxation, Federal Commissioner of v Thomas Nominees Pty Ltd / Taxation, Federal Commissioner of v Thomas

District Court law reports, Volume 29(3), December 2019 - in this issue : Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd (No 2) / Arman v Harbour Radio Pty Ltd / Ishak v Taoube / Liu v Al Maha Pty Ltd / New South Wales Land and Housing Corporation v Quinn (No 2) / R v Geerlings / Whiting v Harbour Radio Pty Ltd

Alternative law journal, Volume 44(4), 2019 - in this issue : Some reflections on 45 years Peter Cashman / Rudy Frugtniet v ASIC : things to consider if Victoria introduced a spent convictions regime (with 'A message to you, Rudy') Suzanne O'Toole and Patrick Keyzer / Citation as a measure of 'impact' : female legal academics at a disadvantage? Katy Barnett / Making the law work for women : standard-setting through a new Gender Legislative Index Ramona Vijeyarasa / The discomfort of Thorne v Kennedy : law, love and money Renata Grossi / Dworkin's dream : towards a singularity of law Daniel Goldsworthy / Digital justice in Australian visa application processes? Jessica McLean and Rohan Mackenzie / Sex offenders no more : historical homosexual offences expungement legislation in Australia Allen George / Australian Secret Intelligence Service's new powers : a step too far towards extraterritorial killings? Jamie Fellows and Mark D Chong / Mental health first aid for firearm owners : addressing the elephant in the room Samuel H G Diprose Adams / The National Domestic and Family Violence Bench Book 2019 Heather Douglas and Kate Chapple / Legal studies : Law, love, money... and prenups / 'Sit down Girlie' : Girlie checks facts

Australian law journal, Volume 93(12), December 2019 - in this issue : Current issues Justice Francois Kunc (ed) An end-of-year innovation Francois Kunc, A new link across the Tasman The Right Honourable Dame Helen Winkelmann GNZM, The curated page Alexie Glass-Kantor / Letter to the editor The Hon Michael Kirby AC CMG / Constitutional law Anne Twomey (ed) Dicey on Brexit and the conservative nature of referendums Anne Twomey / Statutory interpretation The Hon John Basten (ed) Statute and the common law John Basten / New Zealand Justice Matthew Palmer Recent bill of rights cases in New Zealand : from Toupee to tooth decay Hon Justice Geoffrey Venning / Around the nation : Northern Territory Hon Dean Mildren AM RFD AC Compulsory retirement ages for judges increased to 72 Dean Mildren / Personalia Emily Vale The Hon John Dowsett AM QC Justice Andrew Greenwood, Commonwealth - Justice Wendy Abraham, Justice Stewart Anderson, Justice John Snaden, Western Australia - Justice Jennifer Hill Emily Vale / Recent cases Ruth C A Higgins SC / Penalty privilege in non-curial proceedings : the decision in Frugtniet Simon Frauenfelder / collective best interests in strata collective sales Edward S W Ti

Cambridge law journal, Volume 78(3), November 2019 - in this issue : In defence of unjust enrichment Andrew Burrows / The negligence liability of public authorities for omissions Tom Cornford / The rule of good law Michael Foran / International-Criminal-Court exceptionalism regarding personal immunities Sarah Nouwen / Indications of inconsistency Nicholas Petrie / A historical examination of vicarious liability Warren Swain

Commonwealth law bulletin, Voulume 44(4), December 2018 - in this issue : Spent convictions in Hong Kong Jamil Ddamulira Mujuzi / The implementation of treaties related to labour and labour relations in Nigerian law : a critical appraisal E Emudainohwo / The role of whistle blowing for public interest and the protection of the whistle blower in Nigeria Anthonia Omosefe Ugowe and Akintunde Adebayo / Sedition : a slippery slope argument devised to protect the state's magnates G Lilienthal and Nehaluddin Ahmad / Regulating smart home technology devices under Malaysian legal framework Noor Ashkin Basarudin, Asmah Laili Yeon and Zuryati Mohamed Yusoff / The applicability of riparian rights doctrine in Botswana : the judicial refusal to depart from the common law principles? Goemeone E J Mogomotsi and Patricia K Mogomotsi / Neglect of mining areas in Ghana : the case for equitable distribution of resource revenue Chris Adomako-Kwakye / Decolonising criminal law : a critical appraisal Shaila Alam Asha / The inefficacy of private enforcement of directors' duties Oludara Akanmidu / Legal implications of rising sea levels Matthew Moorhead / Law reform in small states Commonwealth Secretariat

Criminal law review, Issue 12, 2019 - in this issue : Manifestos for criminal justice Nicola Padfield / 100 years of women in the legal profession - some personal reflections from three perspectives Amanda Pinto QC, Kerry Hudson and Mrs Justice McGowan / "Paedophile hunters" : how should the law respond? Alisdair A Gillespie / commencing summary proceedings - the written charge and requisition procedure James Boyd / The interests of justice? When should the court issue a witness summons? Jonathan Higgs QC / Cases and comments : Alternative verdict - R v M, Assault - R v Melin (Ozan), Costs - Soni (Appeal against a Wasted Costs Order), Re, Gross negligence manslaughter - R v Kuddus (Mohammed Abdul), Joint enterprise - R v Harper (Lyndsey Lee), Jury - R v Woodward (Connor), Procedure - R v Burrows (Paul Alexander), Road traffic - DPP v Barreto, Sentencing - R v Evans; Jackson; Johnstone, R v Chall (Joginder), R v Ball (Ryan Joshua), Trial - R v Duarte (Kevin)

Law quarterly review, Volume 136, January 2020 - in this issue : Financially distressed companies, preferential payments and the directors' duty to take account of creditors' interests Andrew Keay / Agency and rectification Paul S Davies / Justice and implacable hostility to contact : parental beliefs, factual foundation and justification Stephen Gilmore / A wrong turn? Reconsidering the unified approach to unjust enrichment claims Pablo Letelier / Discoverability principles and the law's mistakes Samuel Beswick

Psychiatry, psychology and law, Volume 26(5), October 2019 - in this issue : A life's work in the Children's Court Clinic : the historical development of the clinic in the forensic field and the politics impacting on the Court Clinic and now on the law Patrica Brown / Australian stakeholders' views on improving investigative interviews with adult sexual assault complaints Mohammed M Ali, Nina J Westera, Rachel Zajac and Martine Powell / Evolution of recidivism risk using the YLS/CMI in Spanish serious reoffenders Natalia Palanques, Karen Cuervo and Lidon Villanueva / Science or pseudoscience? A distinction that matters for police offenders, lawyers and judges Louise Marie Jupe and Vincent Denault / Consensual sexual relationships between health practitioners and their patients : an analysis of disciplinary cases from New Zealand Lois J Surgenor, Kate Diesfeld and Marta Rychert / Evaluating the legal assumptions of Victoria's Sex Offender Registration Act 2004 from a psychological perspective Melanie L Simmons / An experiment to assess emotional and physiological arousal and personality correlates while imagining deceit Candice McBain and Grant J Devilly

The Australian Taxation Office has released a new website called interpretation NOW!, which provides commentary on recent cases concerning statutory interpretation.

See the website here.

Listing rule reforms came into effect on 1 December 2019, see information about the changes here, and the rules themselves here.

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

The Australian Banking Association has released a new Banking Code of Practice, see information here and the Code itself here.

There is a 1 March 2020 release awaiting authorisation by the Australian Securities and Investments Commission, see here.

Attorney-General says Witness J secret trial was unprecedented, but not everyone is convinced by Jack Snape on ABC News

Peak legal and medical groups push to lift minimum age of criminal responsibility to 14 by Paul Karp on The Guardian

People should be held accountable for AI and algorithm errors, rights commissioner says by Josh Taylor on The Guardian

Better Regulation Legislation Amendment Act 2019 - 23 March 2020 appointed as the day on which Schedule 1.8[3] and [4] to the Act commence. Published on Legislation Website 16 December 2019.

Fair Trading Legislation Amendment (Reform) Act 2018 - 23 March 2020 appointed as the day on which Schedule 2.12 to the Act commences. Published on Legislation Website 16 December 2019.

Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 - 23 March 2020 appointed as the day on which the Act commences. Published on Legislation Website 16 December 2019.

Residential Tenancies Amendment (Review) Act 2018 - 23 March 2020 as the day on which the uncommenced provisions of the Act commence. Published on Legislation Website 16 December 2019.

Findex Group Limited v McKay [2019] FCA 2129 - contracts, "executed by director on behalf of corporation - whether signature is also binding on director personally"

Passas v Comensoli [2019] NSWCATAP 298 - human rights, discrimination, "whether public statements relating to same sex marriage amount to homosexual vilification"

Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205 - dispute about common "boiler plate" market rent valuation clauses and interpretation

Triple Point Technology v PTT Public Company Ltd [2019] EWCA Civ 230 - drafting of liquidated damages clauses

Blockchain and company law : an EU perspective presented by Dr Zofia Bednarz at University of Sydney Law School - examines blockchain

Businesses must be careful when advertising "was/now" prices or pay the price by Teresa Torcasio of HWL Ebsworth - the ACCC has issued infringement noticed for "was/now" advertising

Climate change - who should we sue? panel discussion at University of Oxford with Peter Millican, Fredi Otto, Liz Fisher and Myles Allen - considers climate change litigation

Court of Appeal bowls over Strike's argument by Robert Lyons of Holding Redlich - considers Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205

Going up? – Central Sydney Planning Strategy receives in-principle support from the NSW Government by Paul Vergotis of McCabe Curwood - examines the Central Sydney Planning Strategy

Minimum age of criminal responsibility by Arthur Moses SC, President, Law Council of Australia at the Human Rights Commission Forum in Canberra, 10 December 2019

The new horizons of directors' liability by Adrian Perkins, Andrew Gray and Mark Beaufoy of King and Wood Mallesons - examines directors' liability

Psychological injuries in the workplace by Scarlet Reid, Nathan Roberts and Lucy Carroll of McCullough Robertson - examines psychological injuries in the workplace

When performance is personal – the hazards of subcontracting without consent by Leighton O'Brien, Luisa Uriarte and Emily I'Ons of Allens Linklaters - considers Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270

AIAL forum, Issue 97, December 2019 - in this issue : Recent developments Katherine Cook / Committees of influence : the impact of parliamentary committees on law making and rights protection in Australia Dr Sarah Moulds / Making sure that curiosity does not kill the CAT : the use of expert evidence in merits review fora where the rules of evidence do not apply Justice Rachel Pepper and Amelia van Ewijk / Remedies for government liability : beyond administrative law Janina Boughey, Ellen Rock and Greg Weeks / Reasonable likelihood in practice Jaala Hinchcliffe / The participant in the National Disability Insurance scheme : a paradigm shift for administrative law Thomas Liu / Second actor theory : a principled and practical resolution to the legality of domino effect administrative decision-making Ethan Heywood

Australian bar review, Volume 48(1), December 2019 - in this issue : In defence of legislative intention Philip Sales / The constitutional significance of the Australian Bar Walter Sofronoff / Prorogation and the prerogative William Gummow / Disclosure by the prosecution in a criminal case Peter Norman / The mens rea for sexual assault, sexual touching and sexual act offences in New South Wales : leave it alone (although you might consider imposing an evidential burden on the accused) Andrew Dyer / A question of reasonableness : a review of the Small Business Fair Dismissal Code under the Fair Work Act 2009 (Cth) Victoria Lambropoulos

Australian Capital Territory law reports, Volume 14(2), December 2019 - in this issue : Bailey v Bottrill (No 2) / Canberra Drilling Rigs Pty Ltd v Haides Pty Ltd / Cole v The Queen / Dong v Song (No 4) / R v Chute / Whithear v Australian Capital Territory / Williams v IM

Federal Court reports, Volume 266(1), December 2019 - in this issue : ACK v Minister for Immigration and Border Protection / AVQ15 v Minister for Immigration and Border Protection / Bautista v Minister for Immigration and Border Protection / SZLPH v Minister for Immigration and Border Protection / Taxation, Federal Commissioner of v Resource Capital Fund IV LP

Northern Territory law reports, Volume 39(3), December 2019 - in this issue : ABB Australia Pty Ltd v CH2M Hill Australia Pty Ltd / Emitja v The Queen / Jeremiah v Lawrie

Western Australian reports, Volume 54(5), December 2019 - in this issue : Higgins v Western Australia / Strezelecki Holdings Pty Ltd v Jorgensen

Western Australian reports, Volume 54(6), December 2019 - in this issue : Birdsall v Western Australia

Law affecting rent review determinations (3rd ed) / Alan Hyam

Australian law doesn’t go far enough to legislate affirmative consent. NSW now has a chance to get it right by Rachael Burgin on The Conversation

Emotion-detecting tech should be restricted by law - AI Now by Leo Kelion on BBC News

Musk's defamation win may reset legal landscape for social media by Tom Hals on ITNews

Franz Boensch as Trustee of the Boensch Trust v Pascoe [2019] HCA 49 - bankruptcy, real property, trusts

CNY17 v Minister for Immigration and Border Protection & Anor [2019] HCA 50 - immigration

De Silva v The Queen [2019] HCA 48 - criminal practice, directions to jury, Liberato direction

The library will be closed from 12pm on Friday the 20th of December and will reopen on Monday the 20th of January at 8.30am.

The library will also be closed on Monday the 27th of January.

The Department of Communities and Justice is reviewing the Inspector of Custodial Services Act 2012 (NSW) to determine whether its policy objectives remain valid, and whether its terms remain appropriate for securing those objectives.

Submissions are welcome, the deadline for submissions is 20 December 2019, see information here.

Future crime problems and security solutions - how to anticipate them and what to do about them presented by Emeritus Professor Paul Ekblom, University of Arts London at University of Sydney - considers crime problems

Law Report (ABC) for 10 December presented by Damien Carrick - Legal aid in bushfire zones and Private security firms helping family violence survivors

Women in law – the next 100 years presented by Lady Hale at the BACFI Denning Lecture 2019 - considers the future of women in the law