The Library Bulletin

Adelaide law review, Volume 40(1), 2019 - in this issue : The Adelaide law review at (Volume) 40 : reflections and future directions Matthew Stubbs / celebration of volume 40 : sixty years on! Michael Kirby / 40 is the new 20 : the changing contours of the Adelaide law review Christian Andreotti and Holly Nicholls / Reflections on publishing the Adelaide law review Anthony Moore / 135 years : reflections on the past, present and future of Adelaide law school Peter Rathjen / Constitutional law and the Adelaide law review John M Williams / South Australia's role in the space race : then and now Melissa de Zwart / Norval Morris and the 'new manslaughter' in the Adelaide law review Ian Leader-Elliott / Isaiah Berlin and Adolf Hitler : reflections and personal recollections Horst Klaus Lücke / Ruminations on personal injury law since 1960 John Keeler / The value of Adelaide law review from a student editor perspective Isabella Dunning, Irene Nikoloudakis and Caitlyn Georgeson / Legal scholarship today John Gava / Publish and collaborate : an invitation Paul Babie / Of titles and testaments : reflections of an American reader of the Adelaide law review John V Orth / Colonial logic and the Coorong massacres Irene Watson / Where do a bird and a fish build a house? An alumna's view on a reconciled nation Andrea Mason / A bail review Martin Hinton / International law in Australia revisited James Crawford and Rose Cameron / Feminist interventions into international law : a generation on Judith Gardam / How laws are made Vickie Chapman / Human rights protections : need we be afraid of the unelected judiciary? Catherine Branson / Reflecting on the waters : past and future challenges for the regulation of the Murray-Darling Basin Adam Webster / Youth justice and the age of criminal responsibility : some reflections Margaret White / The law, equality and inclusiveness in a culturally and linguistically diverse society Melissa Perry / Penal designs and corporate conduct : test results from fault and sanctions in Australian cartel law Brent Fisse / Ordinary corporate vices and the failure of law Suzanne Corcoran / South Australian administrative law : 40 years on Judith Bannister / Succession law : reflections and directions Thomas Gray / Alternative dispute resolution and access to justice in the 21st century Katrina Bochner / The 'age of statutes' and its intersection with fundamental principles : an illustration Marie Shaw and Ben Doyle / Regtech : a new frontier in legal scholarship Vicki Waye

Australian bar review, Volume 47(3), August 2019 - in this issue : Mandatory and quasi-mandatory mediation Philip McNamara / Abuse of process : losing the opportunity to litigate - a court system under pressure C P Shanahan / Antipodean vivisection? Recent analysis of 'ownership' of sperm, body parts, and other disiecta membra Lee Aitken / Does the s 26 contextual truth defence have any practical utility in light of the authorities? Parisa Hart / Matters arising : the interaction between cross-vesting and bankruptcy legislation Patrick Hall / Equitable damages and mitigation of loss Christopher Chiam

Australian law journal, Volume 93(8), August 2019 - in this issue : Current issues Ruth C A Higgins SC (ed) The quarrel between security and freedom, Royal commission into informants, The High Court and reproductive rights, The constitutional contortions of Brexit, Religious freedom : a further update Ruth C A Higgins, The curated page Alexie Glass-Kantor / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Section 88K : a mechanism to enhance land productivity Richard Lovell, Contracts "subject to contract" : recent developments Nicholas Geason / Around the nation : Tasmania Justice Stephen Estcourt AM (ed) A wise man Stephen Estcourt / Equity and trusts Justice Mark Leeming (ed) Marshalling securities and construing releases in equity Mark Leeming / Vulnerability of elders to physical harm and death : criminal law responses John Anderson / Preventing miscarriages of justice : the reliability of forensic evidence and the role of the trial judge as gatekeeper Chris Maxwell / Rights and freedoms under the Australian constitution : what are they and do they meet the needs of contemporary Australian society? Ashleigh Mills / Prints, profiles and templates : adducing biometric evidence in Australian courts Marcus Smith and Gregor Urbas

Law Institute journal, Volume 93(9), September - in this issue : Be part of the legal debate Stuart Webb / Handing over the practice Karin Derkley / Opposition firm on matters of justice Carolyn Ford / The barrister boycott Simon Smith / Governance structure under review Carolyn Ford / Teaching law in a tech world Fabian Horton / Justice Joshua Wilson Stuart Webb / Patrick William Dwyer / Dial 'M' for metadata : unravelling the mystery Craig Macaulay and David Wishart / When business gets messy Mark Bolton / Arbitration explained Judge Joe Harman / Have retail leases reached their use-by date? Norman Mermelstein / The commercial value of mediation to the new economy Greg Rooney / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Write tech, wrong text Legal Practitioners' Liability Committee / Retrospective rent review Russell Cocks / Addressing civil justice Raquel Dos Santos and Tina Turner / Party party taxations LIV Costs Law Executive Committee / The power of letting go Jonathan Kaplan / Take charge of your workload Judith Bennett / Immediation Peter Moran / Super catch-up catching on Andrew Proebstl / New Act brings dignity Oriana Torcasio and Naomi Hickey-Humble / Access a challenge for lawyers outside city Karin Derkley / Marking 51 years in the law Jonathan Tisher / A word of advice... / 10 habits of highly effective listening Converge International / Singing a different tune Karin Derkley

LSJ, Issue 59, September 2019 - in this issue : Report shows 20-fold increase in NSW police strip searches Kate Allman / Six minutes with Stephen Cutler Amy Dale / The right medicine Tony Butler and Lee Knight / At lunch with... Russell Hodge Amy Dale / Paying a high price Amy Dale / Raids, outrage and reform : what now for press freedom? Patricia Drum / To social... or not to social Emma Heuston / From bullied to bully Rachel Setti / Carving a new line Kirrily Schwarz / In the name of the father Alexandra Power Hanny / The case that changed me, Sophy Woodward Amy Dale / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Can we come home now? Temporary Exclusion Orders Act raises serious constitutional concerns Professor Helen Irving / Public servants all atwitter : HCA has its say on 'free speech' Jack de Flamingh and Daniel Argyris / The journalist, the warrant and the gatekeeper : is it time for more oversight? Bradley Dean / Sharing personal information to fight fraud against the Commonwealth Jenny Stathis / More e-conveyancing essentials for the modern property lawyer Kye-Tran-Tsai, Claire Martin and Benjamin Adams / NCAT appeal panel taps off on the gold Opal card case Stephen McKenzie and Eva Lu / Tread carefully in charging for non-professional work in the administration of estates Louise Brown / Ethics must be part of your trust account's DNA Frances Moffitt / The 'relevant insurer' in the Motor Accident Injuries Act Belinda Cassidy / Paradise lost : Glencore loses High Court bid to extend legal professional privilege Talitha Fishburn / Foreign trusts and duty - it's just not cricket Amanda Tully / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Criminal law Thomas Spohr / Elder law and succession Darryl Browne

Proctor, Volume 39(8), September 2019 - in this issue : Our evolution of innovation : the value of learning and open minds Bill Potts / election 2019 kicks off : why you should be part of it Rolf Moses / Vale Des Butler / QUT appoints law dean / Celebrating NAIDOC : Voice, truth and First Nations in conversations / Chantelle connects with Indigenous moot / Irrigation schemes transfer to local management Sian Thomas / Sink or swim? Eleanor Sondergeld / Innovation in law Peter Lyons / The legal supply chain and the future of law firms Joel Barolsky / People centred legal innovation - is there any other kind? Terri Mottershead / what is your practice worth if you were to sell it? Steve Tindall / Innovation, technology and the legal professionals of tomorrow Tony Keim / Is time up on mistake of fact? Tony Keim / Evidence proves it's time for change Jonathan Crowe / 'Honest and reasonable is enough' Laura Reece / Applying the principle of fairness Rachael Field / The universal right to plead one's case Rebecca Fogerty / Nareeta's shining progress John Teerds / Breaking down the barriers : embrace the privilege of pro bono service QLS Access to Justice Pro Bono Committee / When is unpaid work lawful : a guide for law students, graduates and legal practices Marcelle Webster / Plugging you into a world of knowledge David Bratchford / Pleading breach of contract Kylie Downes QC and Maxwell Walker / Computer says no... but then what? Angus Murray / Conflicts of interest : to act or not to act? to restrain or not to restrain? Christine Smyth / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Mother's 'wrong beliefs' lead to appeal loss Robert Glade-Wright / Court of Appeal judgments Bruce Godfrey / Leadership, people management and personality Graeme McFadyen

Project finance, securitisations, subordinated debt (3rd ed) / Philip R Wood

Regulation of international finance (2nd ed) / Philip R Wood

Security interests and title finance : jurisdictions of the world / Philip R Wood

Set off and netting, derivatives, clearing systems (3rd ed) / Philip R Wood

Fine Cotton fiasco / Peter Hoysted and Pat Sheil

Lawyers in Australia (4th ed) / John Littrich and Karina Murray

Religious beliefs and conscientious exemptions in a liberal state / John Adenitire (ed)

Remedies in Australian private law (2nd ed) / Katy Barnett and Sirko Harder

State and religion : the Australian story / Renae Barker

Born at the right time : a memoir / Ron McCallum

The ouija board jurors : mystery, mischief and misery in the jury system / Jeremy Gans

Victor Windeyer's legacy : legal and military papers / Bruce Debelle (ed)

Assented

Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019 - assented to 28 August 2019. Date of commencement : not in force

Proclaimed

Surveillance Devices Amendment (Statutory Review) Act 2018 No 90 - 28 October 2019 proclaimed as the day on which the Act commences, see proclamation

The Attorney General's Department has released exposure draft religious freedom legislation. The Religious Discrimination Bill 2019, Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019.

Submissions are welcome, see details here.

The deadline for submissions is Wednesday, 2 October 2019.

Fair Work decision highlights Privacy Act obligations for employers by Luke Dale, Clare Raimondo, Daniel Kiley, Jessica Nicholls and Stephanie Leong of HWL Ebsworth - considers Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

Is a mobile phone a computer? The Federal Court says no by Lucy Cottier, Isobel O'Brien and Lesley Sutton of Gilbert + Tobin - considers Luppino v Fisher (No 2) [2019] FCA 1100

Law Report (ABC) for 27 August presented by Damien Carrick - Is Pell off to the High Court of Australia?

Trusts and insolvency in the High Court : the Carter Holt case presented by Jason Harris, Dr Allison Silink and Carrie Rome-Sievers at the University of Sydney - considers Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20

Australia entering 'second convict age' as imprisonment rates soar by Katharine Murphy of The Guardian

Legal challenge over Sussan Ley's decision to put potential mining jobs at Shenhua Mine before cultural heritage by Isabella Higgins and Sarah Collard of ABC News

Witness K lawyer alleges 'extraordinary unexplained roadblock' in funding his case by Paul Karp of The Guardian

Cruse v State of Victoria [2019] VSC 574 - tort, damages, battery and assault, plaintiff arrested without warrant on suspicion of terrorism offence

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 1328 - intellectual property, carriage service providers, "whether online locations outside Australia infringed or facilitated the infringement of copyright works"

Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383 - defamation, application for permanent injunction to restrain republication of the defamation

The NSW Department of Planning, Industry and Environment has released a draft framework for short-term rental accommodation.

They are seeking feedback, the deadline for submissions is 11 September, see details here and here.

Commonwealth law reports, Volume 263(3), August 2019 - in this issue : Gallagher, Re / Hughes v The Queen / Koani v The Queen / Nash [No 2], Re

Federal Court reports, Volume 263(3), August 2019 - in this issue : Akiba v Queensland / EHT18 v Melbourne IVF / Ellison v Sandini Pty Ltd / Taxation, Federal Commissioner of v BHP Billiton Ltd

South Australian state reports, Volume 132(3), August 2019 - in this issue : Attorney-General (SA) v Marmanidis / Green v Ellul (No 3) / Human Services (Cth), Departmet of v Fitzpatrick / North Adelaide Service Partnership v Retail Employees Superannuation Pty Ltd / Pastina Pty Ltd v Hosanna Excelsis One Universal Church Inc / Police v Heintze / R v Ruzehaji

Victorian Bar news, Issue 165, Winter 2019 - in this issue : Cultural intelligence at the Bar Arushan Pillay and Richard Ingleby / Putting your Bar subscription to work Matt Collins / Barristers as trusted advisors to corporate counsel Katherine Lorenz / Giving back to the community : the 2019 Pro Bono Awards / 2019 Victorian Bar dinner / Peter O'Callaghan QC gallery extension Siobhan Ryan / The gallery's new space - the Hartog Berkeley QC room Hon Justice Susan Kiefel QC / Testing their mettle : prospective arbitration professionals moot in Melbourne Caroline Kenny / Launch of United Chambers in Dandenong : access to justice for the Afghani community Roona Nida with Natalie Hickey / Richter and Dunn portrait unveiling Campbell Thompson / Playing for the inaugural Serviceton trophy at Royal Adelaide, returning empty-handed Caroline Paterson / The Flagstaff bell Caroline Paterson / What does the 'Barrister X' saga mean for us? Natalie Hickey with Matt Collins / The mental health benefits and burdens of keeping other people's secrets Natalie Hickey / A barrister's obligations to keep client information confidential Roisin Annesley / Where we come from Colin Golvan QC / Delusions of certitude : an interview with Dr James Raymond Justin Wheelahan / Disruption and innovation in the family law space Talya Faigenbaum and Annette Charak / The more things change the more they stay the same Jack Rush / Back of the lift / A bit about words : the C word Julian Burnside / Secret judge / How can I get the best spot at the Bar table without looking obvious / How storytelling is integral to justice Peter Heerey / Response to Christchurch - towards a federal religious vilification law in the age of technology Jennika Anthony-Shaw / Her name is the marathon and she is dangerous Mark Purvis

Federal police fight court ruling a mobile phone is not a computer by Josh Taylor of The Guardian

Sick leave win for Cadbury shift workers could flow on across Australian workplaces by Alexandra Humphries of ABC News

Whitlam dismissal 'palace letters' case wins right to be heard by high court by Christopher Knaus of The Guardian

Case management and insolvency : matching rhetoric and reality by The Hon Justice Lee at the Association of Independent Insolvency Practitioners Annual Conference

Contract variations – when will a 'practical benefit' be adequate consideration? : Hill v Forteng Pty Ltd [2019] FCAFC 105 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers Hill v Forteng Pty Ltd [2019] FCAFC 105

Corporate crime – understanding the playing field by Scarlet Reid, Jason Munstermann, Nathan Roberts and Rosemary Kanan of McCullough Robertson - considers corporate crime

Court diversion for those with psychosis and its impact on re-offending rates : results from a longitudinal data-linkage study by Olayan Albalawi, Nabila Zohora Chowdhury, Handan Wand, Stephen Allnutt, David Greenberg, Armita Adily, Azar Kariminia, Peter Schofield, Grant Sara, Sarah Hanson, Colman O’Driscoll and Tony Butler in BJPsych Open 2019 Jan, 5(1) : e9 - considers court-based diversion systems and liaison services for individuals in the criminal justice system who have mental health problems

Electing to terminate – how long is a "reasonable time" by Scott Watson and Emma Costello - considers Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185

Law and social movements presented by Professor Scott Cummings at the University of Sydney - examines the relationship between law and social movements

Law Report (ABC) for 20 August presented by Damien Carrick - Bullying and sexual harassment in the legal profession

The life of the trial judge – what has or is changing? by The Hon Justice John Middleton at The Samuel Griffith Society 2019 Thirty-First Conference

Palmer v Australian Electoral Commission by Martin Clark on Opinions on High High Court Blog - considers Palmer v Australian Electoral Commission [2019] HCA 24

Power blackouts and climate justice : what are the solutions? presented by Professor Daniel Farber and Professor Robert Verchick at the University of Sydney - considers climate justice

A shield not a sword : High Court sides with ATO in 'Paradise Papers' privilege squabble by Richard Flitcroft, Richard Leder and Camryn Cooper or Corrs Chambers Westgarth - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

International taxation of trust income : principles, planning and design / Mark Brabazon

Principles of international insolvency (3rd ed) / Philip R Wood

Sir Francis Villeneuve Smith : third Chief Justice of Tasmania 1870-1885 / J M Bennett and Ronald C Solomon

Sir Owen Dixon’s legacy / John Eldridge and Timothy Pilkington (eds)

The state and the body, legal regulation of bodily autonomy / Elizabeth Wicks

A wunch of bankers : a year in the Hayne royal commission / Daniel Ziffer

Awaiting assent

Lake Macquarie Smelter Site (Perpetual Care of Land) Bill 2019 - awaiting assent, 21 August 2019

In Progress

Children's Guardian Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 August 2019

Fines Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 22 August 2019

Justice Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 21 August 2019

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Council, consideration in committee of the whole, 21 August 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 21 August 2019

Notices of Motion

Adoption Amendment (Same Sex Couples Repeal) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Classification (Publications, Films and Computer Games) Enforcement Amendment (Banning Restricted X-rated Films) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Crimes Amendment (Pre-natal Termination) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Drugs and Alcohol Treatment Amendment (Rehabilitation of Persons with Severe Dependence) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Independent Commission Against Corruption Amendment (Protections for Disclosure of Information) Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Liquor Amendment (Harm Reduction Areas) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Liquor Amendment (Health Warning for Pregnant Women) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Pregnancy Termination (Information About Pain to Child in Utero) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Pregnancy Termination (Mandatory Counselling) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Right to Farm Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Negatived

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - negatived, second reading negatived on division, 22 August 2019

Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 - industrial law, paid personal/carer's leave entitlement calculation, meaning of the word "day"

Sakellis v Vourlos [2019] NSWSC 1063 - estoppel, proprietary estoppel, estoppel by representation, defendant contends "in early 2009 the plaintiff represented that she would provide him with a house rent-free for the remainder of his life"

District Court law reports, Volume 28(3), August 2019 - in this issue : Bendigo and Adeliade Bank Ltd v Jaeger / Chirstie v Herro t/as Chemist Warehouse Oxford Street (No 1) / Cohen v David / Fitzgerald v Nominal Defendant / Homsi v Pasquale (No 2) / Nati (by his tutor Suzanna Nati) v Nominal Defendant / R v CE / R v El-Kheir / SafeWork NSW v Wagga Motors Pty Ltd / Tzovaras v Williams

Federal Court reports, Volume 263(2), August 2019 - in this issue : BZD17 v Minister for Immigration and Border Protection / McCartney v EB / Mount Isa Mines Ltd v Ship Thor Commander / Plaintiff S111/2017 v Minister for Immigration and Border Protection

Commercial issues in private international law : a common law perspective / Michael Douglas, Vivienne Bath, Mary Keyes and Andrew Dickinson (eds)

Law, lawyers and litigants in early modern England : essays in memory of Christopher W Brooks / Joanne Begiato, Adrian Green and Michael Lobban (eds)

The making of a justice : reflections on my first 94 years / John Paul Stevens

New media and freedom of expression : rethinking the constitutional foundations of the public sphere / Andras Koltay

Of courtiers and kings : more stories of Supreme Court law clerks and their justices / edited by Todd C Peppers and Clare Cushman

The parody exception in copyright law / Sabine Jacques

Pleadings without tears : a guide to legal drafting under the Civil Procedure Rules (9th ed) / William Rose. Revised and updated by Roger Eastman

Protecting personal information : the right to privacy reconsidered / Andrea Monti and Raymond Wacks

The referendum and other essays on constitutional politics / Matt Qvortrup

The Legislative Council Standing Committee on Social Issues is inquiring into the Modern Slavery Act 2018 (NSW), the consultation draft of the Modern Slavery Amendment Bill 2019 and the consultation draft of the Modern Slavery Regulation 2019.

Submissions are welcomed, the closing date for submissions is 4 October 2019, see details here.

Courts taking too narrow a view on whether businesses breaking law, senior judge says by Ben Butler of The Guardian

'It's time' : renewed calls for Australia to adopt a charter of human rights by Keira Jenkins of SBS News

Comcare v Banerji by Martin Clark on Opinions on High High Court Blog - considers Comcare v Banerji [2019] HCA 23

Conversations with Richard Fidler - Jurors behaving badly

Director-General of Security—ASIO and MI5 compared by Nigel Brew on Parliament of Australia FlagPost - examines the directorships of ASIO and MI5

Law Report (ABC) for 13 August presented by Damien Carrick - Is the High Court gagging Australia's public servants?

Legal issues raised by machine learning systems by Luke Dale, Daniel Kiley and Stephanie Leong of HWL Ebsworth - examines machine learning systems

See the final report and executive summary for the ACCC's Digital platforms inquiry here.

Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 - consumer law, alleged contraventions of s 128 of National Consumer Credit Protection Act 2009 (Cth)

Glencore International AG v Commissioner of Taxation [2019] HCA 26 - legal professional privilege

Northern Territory v Sangare [2019] HCA 25 - practice and procedure, costs

Palmer v Australian Electoral Commission [2019] HCA 24 - parliamentary elections, counting of votes

Federal Court reports, Volume 263(1), August 2019 - in this issue : Home Affairs, Minister for v Aciek / Perera v GetSwift Ltd

We have a two week trial of Brown on defamation (2nd ed) on our Westlaw AU platform. The title covers Canada, United Kingdom, Australia, New Zealand, United States.

If interested please come to the library to test it out and let us know whether we should subscribe.