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Interesting articles, speeches and podcasts

Fri Jul 19 2024

The butterfly effect - where is the line with causation? by Moashka Audit of Jackson McDonald

Did you intend to be bound? Contract formation revisited 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

Does 'practical completion' in a contract mean 'completion' under the Home Building Act? by Andrew Hales, Karen Hanigan and Jenny Lin of MinterEllison

A farewell to arms by the Australian senior judiciary?, Justice Logan, New South Wales Tri-Service Legal Panel Dinner

How Europe's human rights and environmental due diligence directive will impact Australian businesses by Dr Phoebe Wynn-Pope, Heidi Roberts, Kate Gill-Herdman, Louise Lee and Isabella Satz of Corrs Chambers Westgarth

Law Report (ABC) for 16 July presented by Damien Carrick - How does a judge know if an offender is truly sorry?

Public Interest Disclosures Act 2022 (NSW) : the good, the difficult and the confusing by Riley O'Keeffe on Australian Public Law

Re-imagining the laws of nature – storying rules of hyperconnected futures, Dr Michelle Lim at University of Sydney

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The legal requirements on police to consider alternatives to arrest

New judgments

Fri Jul 19 2024

Culhana v State of New South Wales (NSW Police Force) & Others [2024] NSWPIC 257 - workers compensation, application for compensation in respect of death of worker, deceased worker had an accepted psychological injury, whether Barrett’s oesophagus, adenocarcinoma and subsequent death resulted from the psychological injury

Eedra Zey (formerly using the pseudonym Eva Williams) v State of New South Wales (No 2) [2024] NSWDC 289 - intentional torts, "antecedent provocative conduct"

The Owners – Strata Plan No 64757 v Sydney Remedial Builders Pty Ltd [2024] NSWCA 85 - home building, practical completion

Interesting articles, speeches and podcasts

Fri Jul 12 2024

Artificial intelligence and legal practice: new guidelines for practitioners by Greg Williams, Stephanie Khan, Alex Corsaro and Lilly Langford of Clayton Utz

Ken Wyatt - the Noongar boy who made history on Conversations with Richard Fidler

Knowing assistance and knowing receipt : divergences between England and Australia, The Hon. Justice White for Law Extension Committee

Law Report (ABC) for 9 July presented by Damien Carrick - Children and medical consent

New draft ruling : who is an employee, according to the ATO? by Amber Agustin of Gadens

"Plain as a pikestaff" – setting aside a statutory demand on the basis of a genuine dispute by Alan Wrigley of McCullough Robertson

The position of executors before grant, The Hon. Justice White for the Bar Association

Separation, superannuation and evidencing the end of a de facto relationship by Rachell Davey of Lander and Rogers

We don't need no GCO : Federal Court lays another brick in the CFO wall by Moira Saville, Liam Burgess and Kristian Metzler of King and Wood Mallesons

New judgments

Fri Jul 12 2024

Astill v R [2024] NSWCCA 118 - crime, tendency evidence, where tendency alleged was constituted by charged and uncharged acts

Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 - cultural heritage, "protected object of a foreign country" purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth), whether the artefact is liable to forfeiture under s 14(1) of the Act

Interesting articles, speeches and podcasts

Fri Jul 05 2024

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - R v Early (No 4) [2023] NSWSC 505, Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363, The King v Anna Rowan – A Pseudonym [2024] HCA 9, R v Bredal [2024] NSWCCA 75, McMillan v R [2024] NSWCCA 83

The art of merits review : significant changes to membership provisions, Justice Kyrou, 2024 COAT Annual Conference

Cognition, language, and law : introspective reflections on how we learn, teach, and understand law across languages and legal systems by Juan Diaz-Granados, Australian Catholic University

Law Report (ABC) for 2 July presented by Damien Carrick - A deep dive into diplomatic immunity

Responsible government and the Australian Constitution book forum - author's response by Benjamin B Saunders on Australian Public Law

"Significant use" not enough - taxpayer's High Court appeal dismissed in Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue [2024] HCA 20 by Richard Snowden , Jane Ma and Sam Finlayson of King and Wood Mallesons

Whistleblower laws under review : insights and impacts five years on by Annamarie Rooding , Angela Weber and Georgia Peake of King and Wood Mallesons

New judgments

Fri Jul 05 2024

Wilkinson v Wilson Security Pty Ltd (No 3) [2024] FCA 705 - industrial law, where first respondent provided one continuous 'long break' per roster cycle - where applicant required to work more than 48 hours without a 'long break' - where applicant required to work an additional 15 minutes per shift - where each shift included 'night span' hours but no permanent night shift allowance paid - where no unpaid breaks provided - where paid breaks were informal and taken opportunistically

Interesting articles, speeches and podcasts

Fri Jun 28 2024

Australia's first civilian jury was entirely female. Here's how 'juries of matrons' shaped our legal history by Alice Neikirk on The Conversation

Celebrating the bicentenary of the Office of the Sheriff of New South Wales, Chief Justice Andrew Bell

Dealing with change, Chief Justice Andrew Bell, Address to the Regional Meeting of the Law Society of New South Wales

Federal Court decides scope of Crown copyright laws by Jaquelin Cantarella, Daniella Lambert and Caitlin Rigby of MinterEllison

How do companies think?, Justice Anthony Payne at the Commercial Law Association

Is cryptocurrency property?, Justice Jackman at Commercial Law Association of Australia

Law Report (ABC) for 25 June presented by Damien Carrick - Should foreign judges sit on Hong Kong's highest court? Anti-discrimination laws in religious schools

Micro and small enterprises and small and medium enterprises, Justice Ashley Black, 14th Joint INSOL / UNCITRAL / World Bank Group Multinational Judicial Colloquium on Insolvency

Parliamentary procedure and responsible government - Responsible government and the Australian Constitution book forum by Leslie Gonye on Australian Public Law

Responsible Government and the Australian Constitution book forum by James Stellios on Australian Public Law

Robert Irwin wanted to sue One Nation for using his likeness. We don't really have laws for that by Brendan Clift on The Conversation

New and updated NSW Bills

Fri Jun 28 2024

Library update

Fri Jun 28 2024

Please note the Bar Library will close at 4:30pm on Thursday July 4. We apologise for any inconvenience.

New and updated NSW Bills

Fri Jun 21 2024
Proclamations commencing Acts

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 No 53 (2024-211) — published LW 21 June 2024

High Risk Offenders Legislation Amendment Act 2024 No 6 (2024-212) — published LW 21 June 2024

Bills assented to

Bail and Other Legislation Amendment (Domestic Violence) Act 2024 No 30 — Assented to 20 June 2024

Emergency Services Levy Amendment (Land Classification) Act 2024 No 32 — Assented to 20 June 2024

Emergency Services Levy Insurance Monitor Act 2024 No 33 — Assented to 20 June 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Act 2024 No 31 — Assented to 20 June 2024 Museums of History NSW Amendment (Chief Executive Officer) Act 2024 No 34 — Assented to 20 June 2024

In progress

Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 20 Jun 2024

Coal Mine Subsidence Compensation Amendment Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 19 Jun 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Fri 21 Jun 2024

Electoral Funding Amendment Bill 2024 - in Legislative Council, 2R, Tue 18 Jun 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Fri 21 Jun 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 20 Jun 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 20 Jun 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 19 Jun 2024

Rice Marketing Amendment Bill 2024 - in Legislative Assembly, Awaiting mover's 2R Speech, Wed 19 Jun 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 19 Jun 2024

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 20 Jun 2024

Water Management Amendment (Central Coast Council) Bill 2024 - in Legislative Assembly, 2R Speech, in progress, Fri 21 Jun 2024

Awaiting assent

Appropriation (Parliament) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Appropriation Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Catholic Cemeteries and Crematoria Trust Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Community Services Sector (Portable Long Service Leave) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Electoral Funding Amendment Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Energy Legislation Amendment (Clean Energy Future) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Energy Security Corporation Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Government Sector Employment and Other Legislation Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

National Parks and Heritage Legislation Amendment Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Residential (Land Lease) Communities Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Revenue Legislation Amendment Bill 2024 - Awaiting Assent, Fri 21 Jun 2024

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 - Awaiting Assent, Thu 20 Jun 2024

Interesting articles, speeches and podcasts

Fri Jun 21 2024

Bruce Lehrmann went back for his hat and lost his shirt : costs in Australian litigation by Michael Legg and Felicity Bell on Australian Public Law

Coercive control - Episode 4 (Part 1), Episode 4 (Part 2) and Episode 5 hosted by Hayley Dean, Legal Aid NSW

Dominium in the Age of neurotechnologies : who is the subject of neurorights?, Ozan Erözden at University of Sydney

Law Report (ABC) for 18 June presented by Damien Carrick - How stressful is it to be a judge or magistrate?

Lives and Times of the Judges Podcast hosted by Fiona Gruber - Robert French AC

Next generation good faith issues - Gomeroi v Santos appeal by Tony Denholder, Andrew Gay, Clare Lawrence and Joel Moss of Ashurst

Thinking about law : the wisdom of a common law tradition, Hon. Justice Geoff Lindsay, The Michael O'Dea Oration

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Wigs Live - Reasonable Cause CPD 2024

New books

Fri Jun 21 2024