The Library Bulletin

Federal Court reports, Volume 265(4), December 2019 - in this issue : CIT17 v Minister for Immigration and Border Protection / DBE17 v Commonwealth / DTK17 v Minister for Immigration and Border Protection / EEM17 v Minister for Immigration and Border Protection / Graham v Minister for Immigration and Border Protection / Hail Creek Coal Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union / ZX v Commonwealth

New South Wales law reports, Volume 99(3), December 2019 - in this issue : Australian Health and Nutrition Association Ltd v Hive Markeing Group Pty Ltd / Comlin Holdings Pty Ltd v Metlej developments Pty Ltd / Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd / Macdonald v R / Maitland v R / Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq)

Northern Territory law reports, Volume 39(1), December 2019 - in this issue : Lawrie v Lawler (No 3)

Northern Territory law reports, Volume 39(2), December 2019 - in this issue : Garling v Firth / JMT Builders Pty Ltd v Ryan / Perry Park Pty Ltd v City of Darwin

Federal law review, Volume 47(4), December 2019 - in this issue : The integrity of state courts under the Australian Constitution Patrick Emerton / All out of proportion : the ongoing disagreement about structured proportionality in Australia Evelyn Douek / Parliamentary disqualification for financial conflicts Graeme Orr / ADF offensive cyberspace operations and Australian domestic law : proprietary and constitutional implications Hywel Evans and Andrew Williams / Health practitioner regulation : has the national law produced national outcomes in serious disciplinary matters? Jenni Millbank / The citation practices of the High Court of Australia, 1905-2015 Russell Smith and Ingrid Nielsen / A giant problem : the influence of the Chicago school on Australian competition law, economic dynamism and inequality Adam Triggs and Andrew Leigh

LSJ, Issue 62, December 2019 - in this issue : Hong Kong conference proceeds despite unreset Claire Chaffey / Six minutes with Michael Bradley / Report finds 'glass ceiling' between senior associate and partner level / Law Reform Commission flags simplification of consent laws / At lunch with Terry Sheahan Amy Dale / Sweet dreams are made of this Floyd Alexander-Hunt and Amy Dale / Access denied : the "right-to-know' Act that was never enacted Amy Dale / Phoenix rising : Julia Gillard on life after politics Kate Allman / Are you a victim of completion bias? Thea O'Connor / No run-of-the-mill career Kirrily Schwarz / Why do we procrastinate? Angela Tufvesson / How to stay in shape over the holiday season Ben Lucas / The case that changed me : Andrew Tiedt Kirrily Schwarz / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / 2019 edition of the Contract for the Sale and Purchase of Land Richard Harvey and Gabrielle Lea / The costs of law : a look back at the stand-out cases of 2019 Michelle Castle and Andrew Bailey / Cyber fraud - be aware and stay alert Frances Moffit / 'Show me the money' : security for costs in fair work class actions Jack de Flamingh and Vanessa McGlynn / Have a costs query? The Law Society's professional support unit is here to help Madeleine Porter / Rethinking the presumption of advancement in contemporary Australia Krasa Bozinovska / Practical tips for dealing with knowledge and approval of a will David Price / At fault, not at fault, and no-fault liability under the MAI Act Belinda Cassidy / Expert reports and evidence - the dangers of non-compliance Jennifer O'Brien / Young Lawyers conference tackles big issues in animal law Giulia Prosperi-Porta and Timothy Allen / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

Modern law review, Volume 82(6), November 2019 - in this issue : Reason-giving in administrative law : where are we and why have the courts not embraced the 'general common law duty to give reasons'? Joanna Bell / The authority and interpretation of Regulations Andrew Edgar and Kevin M Stack / The Chinese social credit system : a model for other countries? Daithi Mac Sithigh and Mathias Siems / When women's rights are not human rights - the non-performativity of the human rights of victims of domestic abuse within English family law Shazia Choudhry / Tackling voyeurism : is the Voyeurism (Offences) Act 2019 a wasted opportunity? Alisdair A Gillespie / For the want of certainty : Vnuk, Juliana and Andrade and the obligation to insure James Marson and Katy Ferris / Wiltshire Council v Cooper Estates Strategic Land Ltd : development plans and the restriction of town and village green applications Harley Ronan

Australia's children's courts today and tomorrow / Rosemary Sheehan and Allan Borowski (eds)

Copyright and collective authorship : locating the authors of collaborative work / Daniela Simone

Corporate personhood / Susanna Kim Ripken

Government and information rights : the law relating to access, disclosure and their regulation (5th ed) / Patrick Birkinshaw and Mike Varney

The law of personal property (2nd ed) / Michael Bridge, Louise Gullifer, Gerard McMeel and Sarah Worthington

Online courts and the future of justice / Richard Susskind

Corporate governance in non-bank financial entities / David Millhouse

Institutional abuse of children : legal remedies and redress in Australia / Bill Madden, Benjamin Madden and Tina Cockburn

Intellectual and industrial property law (3rd ed) / William van Caenegem

Justice in tribunals (5th ed) / J R S Forbes

Ong on tracing / Denis S K Ong

Spencer Bower and Handley : Res judicata (5th ed) / K R Handley

Please note that Lexis have removed their titles from the e-book platform. Luckily, the majority of the titles are available in hard copy in our collection.

The e-book platform still contains useful titles from CCH, Oxford University Press and Federation Press.

BMW Australia Ltd v Brewster [2019] HCA 45 - representative action

Hewit v NSW State Coroner [2019] NSWSC 1724 - coronial law, meaning of "reportable death"

Mangano v Bullen [2019] NSWSC 1704 - real property, indefeasibility

New South Wales v Robinson [2019] HCA 46 - s 99(1) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), arrest without warrant

Stojanovski v Stojanovski [2019] NSWSC 1713 - intersection of contract law with succession law

Can we eliminate crime? presented by Professor Gloria Laycock OBE at Sydney University Law School - considers crime prevention research and practice

Ethical AI and the risk of discrimination by design by Michael Caplan, Kirish Kularajah and Asha Keaney of Gilbert + Tobin - considers ethical artificial intelligence

Financial Services regulation comes to insurance claims by Mathew Kaley of McCabe Curwood - considers the exposure draft Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers (2020 Measures)) Bill 2020 (Cth) and Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers) (Claims Handling and Settling Services) Regulations 2020 (Cth), see the draft legislation here

A foreign bribery shake-up : unpacking the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 by Richard Flitcroft and Samuel Murray of Corrs Chambers Westgarth - considers the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (Cth)

Glencore International AG v Commissioner of Taxation by Katy Barnett on Opinions on High High Court Blog - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

Law Report (ABC) for 3 December presented by Damien Carrick - Australia's first school lawyer

Structures - do trusts fit the mould? by Michael Bennett of 13 Wentworth - examines trusts

Citizenship test : government argues Indigenous connection to land 'important' but no bar to deportation by Paul Karp and Helen Davidson on The Guardian

Exclusive beach access for native title holders heading to High Court on SBS News

What price spiritual connection? Yolngu seek compensation for cultural destruction by Paul Daley on The Guardian

Witness J : how to hide a criminal trial from the public despite Australia's principle of open justice by Jack Snape on ABC News

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.

South Australian state reports, Volume 133(2), November 2019 - in this issue : Attorney-General (SA) v Raschke / Australian Securities and Investments Commission v Macks (No 2) / Italia Ceramics International Super Pty Ltd v CM Corporation Pty Ltd / O'Malley v Singh / R v Monks / R v P, G

State reports (Western Australia), Volume 98(1), November 2019 - De Mol Investments Pty Ltd v Owners, Strata Plan No 31757 / Kamath v Allight Sykes, Landsdale

State reports (Western Australia), Volume 98(2), November 2019 - Freedom Willetton Pty Ltd v Commissioner of State Revenue / Smith v Village Management Pty Ltd / Tay v Building Services Board

Australian law journal, Volume 93(11), November 2019 - in this issue : Current issues Justice Francois Kunc (ed) Commonwealth religious freedom legislation, South Australian Court of Appeal, A new practical legal training program, W(h)ither law reporting? Francois Kunc, Law reporting in New South Wales : reflections on a half-century Dr Mark L Brabazon SC, The curated page / Letter to the editor - Common law rules for the construction of releases D G Robertson QC / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) In personam rights and indefeasibility under the Torrens system Brendan Edgeworth, Equitable easements - a Tasmanian story with a national message Elise Histed and Lynden Griggs, Unregistered leases and the Torrens system : ideal business centres v violin holdings Louise Liu / Constitutional law Anne Twomey (ed) The justiciability of prorogation Anne Twomey / Around the nation : Western Australia Justice Kenneth Martin (ed) Jeffery v Western Australia [2018] WASCA 219 : sexual assault convictions quashed on the basis of untenable defence case theory, Western Australia v Cunningham (No 3) [2018] WASCA 207 : the statutory and tortious liability of the State for the misconduct of police officers Kenneth Martin / Personalia Emily Vale (ed) Commonwealth - Justice Darren Jackson, Justice Michael O'Bryan, Justice Angus Stewart, New South Wales - Professor Simon Bronitt, Justice Mark Ierace, Queensland - Justice Thomas Bradley, Tasmania - Senior counsel appointments / Recognition in keeping with the Constitution Hon Murray Gleeson AC / Court-referred alternative dispute resolution and judicial education in Australia : perspectives from the bench Nicky McWilliam, Jennifer Tridgell and Hannah Bell / Beware the double-edges sword : when private regulation (by-laws) seeks to limit freehold land rights (short-term holiday letting in multi-owned properties) Melissa Pocock

Law Institute journal, Volume 93(12), December 2019 - in this issue : Sound strategy in place Stuart Webb / Unsolicited - Freelance or exploited? Bill Swannie / Judges and practitioners to be more accountable Carolyn Ford / Rise of the non-legal professional Karin Derkley / Running the engine room of civil justice Karin Derkley / Justice Jacinta Forbes Sam Pandya / Emeritus Professor (Peter) Louis Waller AO Ian Waller QC / 2020 vision : a practitioner guide Philip Hill and Sophie Molyneux / Quantifying native title compensation Megan Brayne / Easing the pain Phoebe Blank / Principal matters Carol Barton and Rosemary Teele Langford / Wellbeing in the workplace Associate Justice Mary-Jane Ierodiaconou / High court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Former client conflict LIV Ethics Committee / When professional duties clash Gino Dal Pont / Measurement discrepancies Russell Cocks / Managed for when, not if Legal Practitioners' Liability Committee / Think twice about acting for yourself Jenny Young / Encouraging legal innovation Jennie Pakula / Fast track PD Maddison Smith / Increasing transparency in financial sector Chris Liamos / Women falsely named perpetrators Vanessa Shambrook / Governance review update Carolyn Ford / YL marks 40 years Carolyn Ford and Adam Wakeling / Mental first aid in practice Chris Molnar / Pink vests holding the line Karin Derkley

Children's Guardian Act 2019 - assented to 04 December 2019

Environment Protection Authority v Crown in the Right of New South Wales [2019] NSWLEC 178 - environmental offence, pollution of waters

Hanson-Young v Leyonhjelm (No 4) [2019] FCA 1981 - defamation

Patel v Casey [2019] NSWCA 285 - torts, damages, motor vehicle accident

Rapisarda v Commissioner of Police; Housego v Commissioner of Police; Sheehy v Commissioner of Police; McDonald v Commissioner of Police [2019] NSWCATAD 242 - human rights, discrimination, sexual orientation

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657 - representative action, "property damage arising out of widespread urban flooding from Brisbane River escaping its banks in January 2011"

Federal Court reports, Volume 265(3), November 2019 - in this issue : A v Minister for Immigration, Citizenship and Multicultural Affairs / Caason Investments Pty Ltd v International Litigation Partners No 3 Ltd / Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (No 2) / Moana v Minister for Immigration and Border Protection / Nguyen v Federal Commissioner of Taxation / Qantas Airways Ltd v Ardlie / Singh v Minister for Immigration and Border Protection / SZMOX v Minister for Immigration and Border Protection

Western Australian reports, Volume 54(4), November 2019 - in this issue : Banning and Another v Lean (No 3) / SBJ v Western Australia

Proclaimed

Transport Administration Amendment (RMS Dissolution) Act 2019 No 19 - 1 December 2019 appointed as the day on which the Act commences.

Assented to

Better Regulation Legislation Amendment Act 2019 - assented to 26.11.2019. Date of commencement, Sch 1.4, 1.8[1]–[4] and 1.10[1] and [9] excepted, assent, sec 2(1); date of commencement of Sch 1.4, 1.8[1]–[4] and 1.10[1] and [9]: not in force.

Electoral Funding Amendment (Cash Donations) Act 2019 - assented to 26.11.2019. Date of commencement: not in force.

Gambling Legislation Amendment (Online and Other Betting) Act 2019 - assented to 26.11.2019. Date of commencement, on assent, sec 2.

Road Transport Amendment (Miscellaneous) Act 2019 - assented to 26.11.2019. Date of commencement, Sch 2 excepted, assent, sec 2(1); date of commencement of Sch 2, 13.12.2019, sec 2(2).

Civil penalty applications and the privilege against penalty by Ian Latham of Denman Chambers - examines civil penalty applications

Conversations (ABC) with Sarah Kanowski - The honourable fight : 16 years as Director of Public Prosecutions NSW - conversation with Nicholas Cowdery

Easements : knowing when to fight and when to surrender by Sydney Jacobs of 13 Wentworth - an update on easements

Law Report (ABC) for 26 November presented by Damien Carrick - How Australia, Canada assess asylum seekers' claims for refugee status

Media freedoms - striking a balance by Arthur Moses SC at the Media and Communications Seminar in Sydney - examines media freedoms

"Something more, something less" : the contemporary meaning of open justice by T F Bathurst AC at the Communications and Media Law Association - examines open justice

Suitability vs capability – is there a difference? by Andrew Gorman of McCabe Curwood - considers NRMA v Gurbuz Aslan [2019] NSWSC 1587

The wait is over : Equator Principles 4 is here by Phillip Cornwell and Jo Ye of Allens Linklaters - examines the 4th version of the Equator Principles

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.

ABC launches SecureDrop for whistleblowers to securely and anonymously contact journalists by Craig McMurtrie on ABC News

Age discrimination commissioner calls for uniform power of attorney laws across Australia to help stop elder abuse by Matthew Doran on ABC News

'Are we now a totalitarian state?' : case of Canberra's mystery prisoner alarms judge by Christopher Knaus on The Guardian

Australia's 'unworkable' defamation laws : what the government's changes could mean by Josh Taylor and Paul Karp on The Guardian

An awesome appellate benchslap calling out sexism in the legal profession by Staci Zaretsky on Above The Law

German murderer has 'right to be forgotten' by internet, according to top court on ABC News

Government admits robodebt was unlawful as it settles legal challenge by Paul Karp on The Guardian

PM's phone call to police chief an inappropriate attempt to use position, former top judge says by Christopher Knaus on The Guardian

UTS academic faces court for allegedly harassing herself with threatening letters by Chris Hook on 7 News

Annotated Trade Marks Act 1995 (3rd ed) / Brian Elkington, Michael Hall and David Kell

Brooking on building contracts (6th ed) / Damian J Cremean, Michael H Whitten and Michael F Sharkey

Consumer protection law in Australia (3rd ed) / Alex Bruce

Hayes & Eburn criminal law and procedure in New South Wales (6th ed) / Roderick N Howie, Paul Sattler and Marissa Hood

Law of investments and financial markets (3rd ed) / Melissa Naylor

Nygh’s conflict of laws in Australia (10th ed) / Martin Davies, Andrew Bell, Paul Le Gay Brereton and Michael Douglas

Principles of international law (6th ed) / Stephen Hall

Statutory interpretation in Australia (9th ed) / D C Pearce

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 library will be closed from 12pm today (21st December) and will reopen on Monday the 21st of January at 9am.

Between the 21st of January and 25th of January the library will be open from 9am to 5pm, normal opening hours (8.30 to 5.30) will resume on Tuesday 29th January 2019.

Allchin v R; Skepevski v R [2019] NSWCCA 278 - appeal, "sole ground that verdict was unreasonable or unsupportable on the evidence"

R v Robinson [2019] NSWDC 661 - mental health, person unfit to be tried

The academy and the courts : what do they mean to each other today? presented by Chief Justice Susan Kiefel AC at the Australian Academy of Law Patron's Address

ACCC v Google – a new cop on the privacy beat? by Melissa Fai, Mark Ferguson and Alexander Ryan of Gilbert + Tobin - the ACCC has filed a suit alleging that Google breached the Australian Consumer Law

Algorithms, artificial intelligence and the law presented by Lord Sales at the Sir Henry Brooke Lecture for BAILII, London

Are you in substantial breach of your contract? Unauthorised subcontracting and failing to appoint a superintendent by Scott Watson and Emma Costello of King and Wood Mallesons - considers Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270 and SHA Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd [2019] QCA 201

Law in Action (BBC) for 19 November presented by Joshua Rozenberg - What's it really like to be in prison?

Law Pod UK Episode 98 : AI : opportunity or threat? - considers use of artificial intelligence and algorithms in the legal profession

Law Report (ABC) for 19 November presented by Damien Carrick - High Court to decide Akon Guode infanticide, murder sentence anomaly

In progress

Design and Building Practitioners Bill 2019 - in Legislative Council, second reading, debate interrupted, 19 November 2019

Digital Restart Fund Bill 2019 - in Legislative Council, to be reported, 21 November 2019

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 21 November 2019

Professional Engineers Registration Bill 2019 - in Legislative Assembly, referred to Legislative Assembly Committee on Environment and Planning, 21 November 2019

Road Transport Amendment (Mobile Phone Detection) Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 20 November 2019

Water (Commonwealth Powers) Amendment (Termination of References) Bill 2019 - in Legislative Assembly, second reading speech, debate interrupted, 21 November 2019

Notices of motion

Bush Fires (Protection of Property) Bill 2019 - in Legislative Council, notice of motion, 19 November 2019

Awaiting assent

Better Regulation Legislation Amendment Bill 2019 - awaiting assent, 20 November 2019

Children's Guardian Bill 2019 - awaiting assent, 21 November 2019

Electoral Funding Amendment (Cash Donations) Bill 2019 - awaiting assent, 19 November 2019

Gambling Legislation Amendment (Online and Other Betting) Bill 2019 - awaiting assent, 20 November 2019

Justice Legislation Amendment Bill (No 2) 2019 - awaiting assent, 20 November 2019

Road Transport Amendment (Miscellaneous) Bill 2019 - awaiting assent, 20 November 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - awaiting assent, 20 November 2019

District Court law reports (NSW), Volume 29(2), November 2019 - in this issue : Badri v Harbour Radio Pty Ltd / Burns v Gaynor / Dib v Diab (No 3) / Hang v Nguy (No 2) / Hawchar (by her next friend Dib) v Diab (No 3) / Lynch v Cavallo / R v Munro / R v Murray / Something Nice Foods Pty Ltd v Bidfood Australia Ltd t/as Classic Meats Sydney / Stratton v New South Wales

Federal Court reports, Volume 265(1), November 2019 - in this issue : Broadspectrum (Australia) Pty Ltd v United Voice / CED16 v Minister for Immigration and Border Protection / DFE16 v Minister for Immigration and Border Protection / Immigration and Border Protection, Minister for v Aulakh / Manado v Western Australia / Westpac Banking Corporation v Lenthall / Wileypark Pty Ltd v AMP Ltd

Federal Court reports, Volume 265(2), November 2019 - in this issue : Altintas v O'Dea Lawyers / Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) / Liem v Republic of Indonesia / Luck v University of Southern Queensland / Stowers v Minister for Immigration and Border Protection / Zetta Jet Pte Ltd v Ship Dragon Pearl (No 2)

State reports (Western Australia), Volume 97(5-6), November 2019 - in this issue : Two Rocks Investments Pty Ltd v Western Australian Planning Commission

Western Australian reports, Volume 54(3), November 2019 - in this issue : Child Protection and Family Support, Chief Executive Officer, Department for v IGR / Police, Commissioner of v Ferguson