The Library Bulletin

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

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 and Intelliconnect will still be an available option until it is retired in December.

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

Canberra set to become the first place in Australia to legislate the right to a healthy environment by Tahlia Roy on ABC

Susan Kiefel was the first woman in Australia's history to make it to the legal top by Damien Carrick and Sophie Kesteven for The Law Report

Contract works exclusions – but whose works? Prestige Form Group NSW Pty Ltd v QBE European Operations PLC [2023] FCA 749 by Richard Johnson, Andrew Honey and Kubra Yazici of McCabes

Copyright and generative AI, Professor Mattew Sag and Dr Daniela Simone at University of Sydney

Does a company's registration sufficiently demonstrate that a Claimant is "an earner"? Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51 by Peter Hunt of McCabes

Former director receives director penalty notice, avoids personal liability by Lily Nguyen, Jonathon Turner, Keiran Breckenridge and Grace Kerr of Lander and Rogers

Health and safety at home : examining the duty of care for remote workers by Warren Edwardes of King and Wood Mallesons

Judicial review for irrationality or illogicality : Full Federal Court clarifies the law by Zac Chami and Aaron Moss of Clayton Utz

Law Report (ABC) for 24 October presented by Damien Carrick - Chief Justice Susan Kiefel speaks to the Law Report

The Modern Slavery Act review : can the law drive meaningful change?, Lynn Bell, Professor John McMillan AO, Professor Jennifer Burn AM, Associate Professor Anna Boucher, Esty Marcu and Professor Simon Bronitt at University of Sydney

Privacy law changes – now is the time to prepare by Lyn Nicholson and Clare Giugni of Holding Redlich

Removing the watchdog’s bark : Crime and Corruption Commission v Carne by Neil Laurie on Australian Public Law

Annotated criminal legislation Victoria [Bourke's criminal law Victoria] 2023-2024 edition / Gerard Nash and Jack O'Connor

Climate migration : critical perspectives for law, policy, and research / Calum Nicholson and Benoit Mayer (eds.)

Clerk and Lindsell on torts (24th ed.) / Michael A. Jones, Anthony M. Dugdale and Mark Simpson (eds.)

Judicial review handbook (7th ed.) / Michael Fordham

Shackleton on the law and practice of meetings (16th ed.) / Madeleine Cordes, John Pugh-Smith, Samar Abbas, James Burton, Geraldine Caulfield, Jonathan Darby, Robin Waghorn and Paul Martin (eds.)

In progress

24-Hour Economy Commissioner Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Biosecurity Amendment (Independent Biosecurity Commissioner) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Building Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - in Legislative Council, Awaiting Minister's 2R Speech, Thu 19 Oct 2023

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Tue 17 Oct 2023

Crime and Criminal Procedure Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Emergency Services Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 19 Oct 2023

Jury Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 19 Oct 2023

Prevention of Cruelty to Animals Amendment (Independent Office of Animal Welfare) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 18 Oct 2023

Residential Tenancies Amendment (Rent Freeze) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 19 Oct 2023

Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Sheriff and Court Security Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 18 Oct 2023

Strata Legislation Amendment Bill 2023 - in Legislative Assembly, To be reported, Thu 19 Oct 2023

Awaiting assent

Defamation Amendment Bill 2023 - Awaiting Assent, Tue 17 Oct 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - Awaiting Assent, Wed 18 Oct 2023

Justice Legislation Amendment (Miscellaneous) Bill 2023 - Awaiting Assent, Thu 19 Oct 2023

Revenue, Mining and Energy Legislation Amendment Bill 2023 - Awaiting Assent, Thu 19 Oct 2023

Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 - Awaiting Assent, Wed 18 Oct 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 - Awaiting Assent, Wed 18 Oct 2023

Notice of motion

Automated External Defibrillators (Public Access) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 19 Oct 2023

Education Legislation Amendment (Personal Political Beliefs) Bill 2023 - in Legislative Council, Notice of Motion, Tue 17 Oct 2023

Law Enforcement (Powers and Responsibilities) Amendment (Prohibition on Youth Strip Searches for Drug Offences) Bill 2023 - in Legislative Council, Notice of Motion, Wed 18 Oct 2023

Pill Testing Trial Bill 2023 - in Legislative Council, Notice of Motion, Thu 19 Oct 2023

Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2023 - in Legislative Assembly, Notice of Motion, Tue 17 Oct 2023

First female chief justice Susan Kiefel retires after 'masterfully' presiding over High Court for six years by Elizabeth Byrne on ABC

High court strikes down Victoria's electric vehicle tax in ruling that could threaten other state levies by Paul Karp and Benita Kolovos in The Guardian

Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2023] FCA 1208 - environmental law, precautionary principle

Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229 - negligence, gym equipment

Vanderstock v Victoria [2023] HCA 30 - constitutional law

On 28 October the Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform.

The content remains familiar but the features available for accessing and retrieving materials are significantly enhanced.

In the lead up to this changeover, CCH are offering introductory training sessions. Details and registration are available at the link below :

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

Borderlines podcast Episode #20 - Roxanna Altholz and Professor Laurel E. Fletcher discuss UN Human Rights Mechanisms and Anti-Black Racism : The Permanent Forum on Peoples of African Descent

Corporate structures and complications in family law settlements by Rachell Davey and Niki Schomberg of Lander & Rogers

Corporate trustees : no fiduciary duty owed by a successor trustee to its predecessor by Matthew McCarthy, Matthew Whittle and Harrison Main of Allens Linklaters

Federal Court dismisses landmark Living Wonders legal challenge to two new coal mines by Malvina Hagedorn and Isabella Farrell-Hallegraeff of Russell Kennedy

First Australian breastfeeding workplace discrimination case by Jonathon Hadley of Gadens

How mistaken identity can lead to wrongful convictions by Hayley Cullen on The Conversation

Injuries arising from improper use of gym equipment : Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229 by Peter Miller of McCabes

JMC Pty Ltd : High Court rejects the Commissioner's leave to appeal by National tax team of Holding Redlich

Law Report (ABC) for 17 October presented by Damien Carrick - Voice referendum aftermath; Queensland introduces legislation to criminalise coercive control

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Mabo v Queensland

Selkirk v Hocking : the Federal Court provides guidance on the serious harm test in defamation by Lindsey Cregan of Clayton Utz