The Library Bulletin

University of New South Wales law journal, Volume 42(4), 2019 - in this issue : Editorial Shivika Gupta / Limitations of Australia's legal hardship protections for women with debt problems caused by economic abuse Evgenia Bourova, Ian Ramsay and Paul Ali / Breaking backs and boiling frogs : warnings from a dialogue between Federal water law and environmental law Rebecca Nelson / What happens when books enter the public domain? Testing copyright's underuse hypothesis across Australia, New Zealand, the United States and Canada Jacob Flynn, Rebecca Giblin and Francois Petitjean / Unravelling redress for institutional abuse of children in Australia Kathleen Daly and Juliet Davis / The participation of indigenous Australians in legal education, 2001-18 Harry Hobbs and George Williams / Retaining the Royal prerogative of mercy in New South Wales Catherine Greentree / Mature minors and parenting disputes in Australia : engaging with the debate on best interests v autonomy Lisa Young / Children's competence to testify in Australian courts : implementing the Royal commission recommendation Sonja P Brubacher, Natalie Hodgson, Jane Goodman-Delahunty, Martine B Powell and Nina Westera / To COMMIT is just the beginning : applying therapeutic jurisprudence reform parole in Australia Max Henshaw, Lorana Bartels and Anthony Hopkins / The High Court on constitutional law : the 2018 statistics Andrew Lynch and George Williams / The ingredients of success for effective restorative justice conferencing in an environmental offending context Hadeel Al-Alosi and Mark Hamilton

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In progress

Children's Guardian Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 13 November 2019

Design and Building Practitioners Bill 2019 - in Legislative Council, awaiting second reading debate, 14 November 2019

Electoral Funding Amendment (Cash Donations) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 14 November 2019

Fishing Legislation Amendment (Right to Fish) Bill 2019 - in Legislative Council, second reading, debate adjourned 5 calendar days, 14 November 2019

Government Information (Public Access) Amendment (Electronic Applications) Bill 2019 - in Legislative Assembly, second reading negatived on division, 14 November 2019

Independent Commission Against Corruption Amendment (Ministerial Code of Conduct—Property Developers) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 November 2019

Industrial Relations Amendment (Contracts of Carriage) Bill 2019 - in Legislative Assembly, to be reported, 14 November 2019

Pill Testing Bill 2019 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 14 November 2019

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 14 November 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 12 November 2019

Work Health and Safety Amendment (Review) Bill 2019 - in Legislative Assembly, second reading debate, debate adjourned 5 clear days, 12 November 2019

Notices of motion

Civil Remedies for Serious Invasions of Privacy Bill 2019 - in Legislative Assembly, notice of motion, 14 November 2019

Waste Avoidance and Resource Recovery Amendment (Plastics Reduction) Bill 2019 - in Legislative Council, notice of motion, 12 November 2019

Awaiting assent

Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019 - awaiting assent, 13 November 2019

Fines Amendment Bill 2019 - awaiting assent, 13 November 2019

Music Festivals Bill 2019 - awaiting assent, 14 November 2019

Right to Farm Bill 2019 - awaiting assent, 13 November 2019

Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 - awaiting assent, 13 November 2019

Water Supply (Critical Needs) Bill 2019 - awaiting assent, 14 November 2019

NSW anti-slavery act could be abandoned despite being voted into law by Ben Doherty on The Guardian

Susskind calls for global online court revolution by Neil Rose on LegalFutures

HT v The Queen [2019] HCA 40 - criminal practice, "where appellant provided assistance to law enforcement authorities"

Lordianto v Commissioner of the Australian Federal Police [2019] HCA 39 - criminal practice, money laundering, "cuckoo smurfing"

Law in Action (BBC) for 12 November presented by Joshua Rozenberg - Abusive parents

Law Report (ABC) for 12 November presented by Damien Carrick - The culture gap in the law

News : The Court proposes new rules about Aboriginal societies by Jeremy Gans on Opinions on High High Court Blog - considers Love v Commonwealth of Australia; Thoms v Commonwealth of Australia Case B43/2018

One Plus One : Jane Needham presented by Emma Alberici - interview with Jane Needham SC

Still unsure about Briginshaw? by Andrew Lacey of McCabe Curwood - considers The Estate of Shirley Gardner, Bernengo v Leaney [2019] NSWSC 1324

Commonwealth law reports, Volume 264(2), November 2019 - in this issue : Alford v Parliamentary Joint Committee on Corporations and Financial Services / Clone Pty Ltd v Players Pty Ltd (in liq) (receivers and managers appointed) / Craig v The Queen / McKell v The Queen / Minogue v Victoria / Plaintiff M174/2016 v Minister for Immigration and Border Protection

New South Wales law reports, Volume 99(2), November 2019 - in this issue : Brown v R / Cummings v Fairfax Digital Australia and New Zealand Pty Ltd; Cummings v Fairfax Media Publications Ltd / Dowling v Prothonotary of the Supreme Court of New South Wales / Ku-ring-gai Council v Ichor Constructions Pty Ltd / Roads and Maritime Services v United Petroleum Pty Ltd

Criminal law review, Issue 11, November 2019 - in this issue : Algorithms in the criminal justice system Nicola Padfield / The frailties of human memory and the accused's right to accurate procedures Andrew Roberts / Prosecution appeals and references - not enough of a good thing? Catarina Sjölin / Criminalising "the worst" part : operationalising the offence of coercive control in England and Wales Paul McGorrey and Marilyn McMahon / The M'Nagten Rules - a brief historical note Ronnie Mackay / Cases and comments - Costs : R (on the application of Hollloway) v Harrow Crown Court, Evidence : R v Moody (Macaulay), Homicide : R v Challen (Georgina), Institution of criminal proceedings : DPP v McFarlane, Prosecution : R (on the application of Torpey) v Director of Public Prosecutions, Sentencing : Attorney General's Reference (R v Bailey), R v Bennett (Liam David), DPP v Giles, Trial : R v Patten (Ralph)

Delivering dispute resolution : a holistic review of models in England and Wales / Christopher Hodges

Lewis and Buchan's clinical negligence (8th ed) / Andrew Buchan (ed)

Negligence liability of public authorities (2nd ed) / Duncan Fairgrieve and Dan Squires

The rights of indigenous peoples in marine areas / Stephen Allen, Nigel Bankes and Øyvind Ravna (eds)

Special advocates in the adversarial system / John Jackson

A judge's journey / John Dyson

Contractual penalties in Australia and the United Kingdom - history, theory and practice / Nicholas A Tiverios

Law's trials : the performance of legal institutions in the US 'War on Terror' / Richard L Abel

Minority shareholders : law, practice and procedure / Victor Joffe, David Drake, Giles Richardson, Daniel Lightman and Timothy Collingwood

The shapeshifting crown : locating the state in post-colonial New Zealand, Australia, Canada and the UK / Cris Shore and David V Williams (eds)

Shareholders' agreements (7th ed) / Sean FitzGerald and Geraldine Caulfield

Sir Frederick Jordan : fire under the frost / Keith Mason

Fennell v The Queen [2019] HCA 37 - murder, circumstantial evidence

Vella v Commissioner of Police (NSW) [2019] HCA 38 - Crimes (Serious Crime Prevention Orders) Act 2016 (NSW), institutional integrity of State courts

The Department of Communities and Justice is reviewing the Graffiti Control Act 2008 (NSW), see details here.

Submissions are welcome. The deadline for submissions is 15 December 2019.

FWC endorses approach to dismiss injured employee by Mick Moy, Scarlet Reid, Cameron Dean and Tim Longwill of McCullough Robertson - considers Carley Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364

Law in Action (BBC) for 5 November presented by Joshua Rozenberg - Help for vulnerable witnesses

Law Report (ABC) for 5 November presented by Damien Carrick - Radio on the inside

Major changes to off-the-plan contracts set to take effect by Vanya Lozzi and Elly Ashley of Holding Redlich - examines amendments to NSW conveyancing legislation

Principle and pragmatism in public law - presented by Lady Hale at the Sir David Williams Lecture 2019, Cambridge

The ups and downs of aviation litigation : recent developments in Australian civil aviation law by Tom Brennan of 13 Wentworth - examines civil aviation law

State reports (Western Australia), Volume 97(4), November 2019 - in this issue : Corp v Town of Cambridge / D'Orsogna Ltd v Zhang / Hills v Commissioner of Police / Sanctus Nominees Pty Ltd v Valuer-General

Australian law journal, Volume 93(10), October 2019 - in this issue : Current issues Justice Francois Kunc (ed) The need for judicial bullying policies, A crisis for Legal Aid funding in NSW, Lawyer X - the first conviction overturned, An unusual move in South Australia, Vale Professor Ivan Shearer AM RFD, The curated page Alexie Glass-Kantor / Conveynacing and property Robert Angyal SC and Brendan Edgeworth (eds) Caveat vendor : defects in title reconsidered Dr Christoper Rossiter, "The guardians at the gate" : e-conveyancing and the duties of solicitors and conveyancers Gary Newton and Khushaal Vyas / Family law Richard Ingleby (ed) Family law for the future - a response to the ALRC "radical" recommendation Richard Ingelby / Class actions Justice Michael B J Lee (ed) The AMP competing class actions : from five to one Ilana Gottlieb and Professor Michael Legg / Admiralty and maritime Dr Damien J Cremean (ed) Piracy, sabotage and terrorism Damien J Cremean / Recent cases Ruth C A Higgins SC Corporations - external administration - receivers and administrators - other controllers of property - priority debts - trusts - trustees - right of indemnity, whether trustee's right of indemnity confers beneficial interest in trust assets - whether such interest is property Brendan May and Douglas McDonald-Norman, Insurance - New Zealand - home insurance - whether right to replacement benefits can be assigned where insured has not incurred the cost of reinstatement so as to entitle the assignee to reinstate and recover the costs Rohan Havelock / Causation in Australian securities class actions : searching for an efficient but balanced approach Michael Duffy / Thinking machines and smiley faces Justice Stephen Estcourt AM and Karen Marr / The nature of recaption James O'Hara

Balance : official publication of the Law Society of the Northern Territory, Issue 4, October 2019 - in this issue : How's your workplace? Maria Savvas / Great expectations...? Marty Aust / October update Sarah Dowd / National profile of the profession Kellie Grainger / Protecting the environment through the law Environmental Defenders Office NT / Achieving justice for and addressing inequalities experienced by women : there's a long (or short) road ahead! Top End Women's Legal Service Inc / Don't rely upon legal professional privilege to recover hacked documents Hamish Baddeley / Innovation : exceeding your clients' expectations Deborah Vella / Sarah Jane Witham Leonique Swart / Graham Colin Paine William Forster Chambers / Take charge of your super investment options Andrew Proebstl / National Indigenous Legal Conference John Rawnsley / Family law judgments Robert Glade-Wright / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC

Law Institute journal, Volume 93(11), November 2019 - in this issue : Adapting to change Stuart Webb / Lawyers opt for freelance careers Karin Derkley / A regulatory leap forward Simon Smith / LIV offers one on one help Carolyn Ford / The burden of keeping secrets Carolyn Ford / How to stop wage theft Gabrielle Watson-Munro / Judge Karl Blake Stuart Webb / Lock, stock and barrel David P Lloyd, Murray McCutcheon and Robert Bradley / Crime doesn't pay Nicole Spicer and Venetia Stewart / Public functions and private bodies Kylie Evans and Nicholas Petrie / 'Efficiently, honestly and fairly' Laurence White / caveats and contracts of sale Philip Barton / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme court judgments Professor Greg Reinhardt / Take steps to avoid GST claims Legal Practitioners' Liability Committee / Former clients LIV Ethics Committee / Assertions of conflict Michael Dolan / Avoiding off the plan contracts Russell Cocks / Dispute resolution guidelines updated Paul Snow / Considering society's needs Anthony North QC / Do you need a coach? Prudence Henschke / Looking at Libra Hana Lee / Perfect portal Peter Moran / Enhancing ADR under the Civil Procedure Act Jessica Andreacchino / Great expectations Jan Christie / Human rights and national security Arthur Moses SC / Looking back to move forward Karin Derkley / Checking in on mental health Converge International / Lawman of Charlton Karin Derkley

LSJ, Issue 61, November 2019 - in this issue : More work for less pay : equitable briefing data yields surprising results Kate Allman / Six minutes with Jason Behrendt, Managing Director, Chalk and Behrendt / Why you should consider charities in your client's will / Vale Jane Mathews, first female judge in NSW / Former Australian Prime Minister takes a stand against bullying and sexual harassment / Head in the cloud? Most legal work is / A new era for education George Williams / At lunch with... Brendan Thomas Claire Chaffey / Where there's a will (there's a legal dispute) Amy Dale / 'Awful human mess' inside our family law system Kirrily Schwarz / Crying over billed milk Sam McKeith / Making a habit of creativity Angela Heise / Penning a new chapter Amy Dale / Healthy ways to improve your commute Angela Tufvesson / Want to build muscles? Read this first Ben Lucas / The case that changed me Anne O'Donoghue / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Stepping through the stages of a corporate criminal prosecution Ian Bolster and Stephen Speirs / New protections for corporate whistleblowers Dan Pearce and Hannah Pelka-Caven / Workplace surveillance and improperly obtained evidence Jack de Flamingh and James Connolly / Building and construction industry gets a new look security of payment regime Andrew Bailey / The limits of the privilege against self-incrimination John Fleming / What McDonald's can teach us about franchisor liability Glenn Fredericks / Reduce risk and stress by systematically managing critical dates Jen McMillan / ACCC gains momentum in its push for higher consumer law penalties Michael Milnes / Common law claims under the Motor Accident Injuries Act Belinda Cassidy / Beware the lonesome lodger : dealing with guests who outstay their welcome Richard McCullagh / Why your initial choice of entity is so important Jim Main / 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

Sydney law review, Volume 41(3), September 2019 - in this issue : Bloody unfair : inequality related to menstruation - considering the role of discrimination law Beth Goldblatt and Linda Steele / Income management and intersectionality : analysing compulsory income management through the lenses of critical race theory and disability studies ("Discrit') Shelley Bielefeld and Fleur Beaupert / Why the bigamy offence should be repealed Theodore Bennett / A reasonably reasonable apprehension of bias : CNY17 v Minister for Immigration and Border Protection Matthew Groves / Caps on electoral expenditure by third party campaigners : Unions NSW v New South Wales Laura Ismay

Clarke v Nursing and Midwifery Council New South Wales [2019] FCA 1782 - discrimination

Director of Public Prosecutions [DPP] v Herrmann, Codey [2019] VSC 694 - murder, Bugmy considerations, severe personality disorder

Morton v Commonwealth Scientific and Industrial Research Organisation (No 2) [2019] FCA 1754 - "where applicant alleges adverse action taken against her because of sex or sexual orientation"

Payne v Long [2019] FCA 1765 - "where applicant alleged that the respondents' refusal to enrol him into a tertiary course constituted racial discrimination in breach of the Racial Discrimination Act 1975 (Cth)"

Riley v State of New South Wales (Department of Education) [2019] NSWCATAD 223 - anti-discrimination, discrimination against contract workers

TPT Patrol Pty Limited as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747 - class action, market-based causation theory

Commonwealth law reports, Volume 264(1), October 2019 - in this issue : Acharya v Minister for Immigration and Border Protection / Ghimire v Minister for Immigration and Border Protection / Hossain v Minister for Immigration and Border Protection / Kalbasi v Westner Australia / Maxcon Constructions Pty Ltd v Vadasz / Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd / Shrestha v Minister for Immigration and Border Protection

District Court law reports (NSW), Volume 29(1), October 2019 - in this issue : Brooker v Allianz Australia Insurance Ltd / Cao v Horan / Chapman v Dickinson / Mansfield v Townend (No 2) / Neskovic v Beydoun / Parizian v Seven Network Ltd / R v Cameron (a pseudonym) / R v Lewis (No 2) / R v Williams / RPS Freightways Pty Ltd v Singh (No 2) / Rushton v Fehoko

South Australian state reports, Volume 133(1), October 2019 - in this issue : O'Callaghan v Police / Onody v Return to Work Corporation (SA) / R v Honeyman / R v Medalian / R v Tipping / Return to Work Corporation (SA) v Renfrey / Rickard v Testel Australia Pty Ltd

Google sued by the ACCC over alleged misuse of personal data by Stephen Letts on ABC News

Public servants should be punished for failing to report misconduct, legal experts say by Christopher Knaus on The Guardian

Assessing the future : the challenge of running competition cases by Justice Middleton at the 17th Annual Competition Law and Economics Workshop, 'Competition law : the penicillin of public policy?' - examines running competition law cases

The intersection of companies and trusts by Chief Justice Allsop AO at the Harold Ford Memorial Lecture, Melbourne - examines the intersection of companies and trusts

Law in Action (BBC) for 29 October presented by Joshua Rozenberg - Legal lessons from Brexit

Law Report (ABC) for 29 October presented by Damien Carrick - Australia's biggest class action over PFAS land contamination

You've got nothing to lose : Myer, Babcock & Brown, continuous disclosure obligations and securities litigation by Moira Saville, Alexander Morris and David Kennelly of King and Wood Mallesons - examines continuous disclosure and the decisions in TPT Patrol Pty Limited as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747 and Masters v Lombe (liquidator): In the Matter of Babcock & Brown Limited (In Liq) [2019] FCA 1720

Public law, Issue 4, October 2019 - in this issue : Dissonant referendum design and turmoil in representation Jacob Eisler / Data retention : serious crime or a serious problem? Matthew White / Dysfunctional accountability in complaint systems : the effects of complaints on public service employees Chris Gill, Maria Sapouna, Carolyn Hirst and Jane Williams / Justifying a (Welsh) legal jurisdiction Tom Hannant / Rights and remedies at risk : implications of the Brexit process on the future of rights in the UK Joelle Grogan / The "new administrative law" of Wales Sarah Nason / The private-public divide and horizontality in the English rental sector Sarah Nield and Emma Laurie / Referendums in the UK and plebiscites in Australia : when to seek the views of the people? Adam Webster

Blackstone's criminal practice 2020 / David Ormerod and David Perry (eds)

The coherence of statutory interpretation / Jeffrey Barnes (ed)

Australian Rail, Tram and Bus Industry Union v Railtrain Pty Ltd [2019] FCA 1740 - industrial law, accessorial liability

Darestani v R [2019] NSWCCA 248 - whether plastic pistols were imitation firearms

Hancock v Rinehart [2019] NSWSC 1451 - equity, trusts and trustees

AFP to examine its handling of sensitive investigations after media raids by Katharine Murphy on The Guardian

Australian tribunal overwhelmed with migrant, refugee requests on SBS News

Two judges are trading places in the hopes of learning from other states' mistakes by Josh Robertson on ABC News

The New South Wales Law Reform Commission has released draft proposals on Consent in relation to sexual offences.

Feedback on the proposals is welcome, please see here.

The closing date for feedback is 18 November 2019.

In progress

Better Regulation Legislation Amendment Bill 2019 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 23 October 2019

Central Coast Drinking Water Catchments Protection Bill 2019 (Boyd) - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 24 October 2019

Child Protection (Nicole's Law) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 24 October 2019

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, second reading, debate adjourned, 24 October 2019

Design and Building Practitioners Bill 2019 - in Legislative Assembly, awaiting second reading debate, 23 October 2019

Digital Restart Fund Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 22 October 2019

Electoral Funding Amendment (Cash Donations) Bill 2019 - in Legislative Assembly, awaiting minister's second reading speech, 23 October 2019

Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019 - in Legislative Assembly, awaiting minister's second reading speech, 22 October 2019

Environmental Planning and Assessment Amendment (Territorial Limits) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October 2019

Fines Amendment Bill 2019 - in Legislative Assembly, awaiting consideration of Legislative Council amendments, 23 October 2019

Food Amendment (Seafood Country of Origin Labelling) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 24 October 2019

Gambling Legislation Amendment (Online and Other Betting) Bill 2019 - in Legislative Assembly, awaiting minister's second reading speech, 23 October 2019

Justice Legislation Amendment Bill (No 2) 2019 - in Legislative Council, second reading debate, debate adjourned 5 calendar days, 23 October 2019

Liquor Amendment (Harm Reduction Areas) Bill 2019 (Roberts) - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 24 October 2019

Liquor Amendment (Intoxication) Bill 2019 (Roberts) - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 24 October 2019

Music Festivals Bill 2019 - in Legislative Council, awaiting minister's second reading speech, 23 October 2019

Professional Engineers Registration Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 24 October 2019

Real Estate Services Council Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 24 October 2019

Right to Farm Bill 2019 - in Legislative Council, consideration in Committee of the Whole, 23 October 2019

State Revenue Legislation Further Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 calendar days, 22 October 2019

Statute Law (Miscellaneous Provisions) Bill (No 2) 2019 - in Legislative Council, to be reported, 24 October 2019

Water Supply (Critical Needs) Bill 2019 - in Legislative Council, awaiting minister's second reading speech, 24 October 2019

Negatived

Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2019 - second reading negatived on division in the Legislative Assembly, 24 October 2019

Notices of motion

Abortion Law Reform Repeal Bill 2019 - in Legislative Council, notice of motion, 22 October 2019

Liquor Amendment (Drinking Age) Bill 2019 - in Legislative Council, notice of motion, 22 October 2019

Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019 - in Legislative Assembly, notice of motion, 22 October 2019

Right to Farm (Farming Families Protection) Bill 2019 - in Legislative Assembly, notice of motion, 23 October 2019

Water Management Amendment (Water Rights Transparency) Bill 2019 - in Legislative Assembly, notice of motion, 22 October 2019

Workers Compensation Amendment (Protection of Injured Workers) Bill 2019 - in Legislative Council, notice of motion, 23 October 2019