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Law library created in Normanton, Qld

Fri Aug 09 2019

Thanks to generous donations a law library has been created in the small cattle town of Normanton, Queensland. Barrister Susan Burton Phillips has been instrumental in co-ordinating the donations.

The driver of the initiative is Andrew Dawes, Community Justice Coordinator of the Lamberr Wungarch Justice Group.

The group has the following aims and objectives :

• Increase Aboriginal and Torres Strait Islander peoples knowledge about the justice system • Support and empower Aboriginal and Torres Strait Islander victims and offenders at all stages of the legal process • Improve the links between Aboriginal and Torres Strait Islander people and statutory workers, police and the courts • Develop community based strategies that provide an alternative to the criminal justice system

In creating the library Andrew said that it was for the future judge of the High Court who will come from Normanton.

If you would like further information please contact Susan

New books

Fri Aug 09 2019

New and updated NSW Bills

Fri Aug 09 2019
In progress

Crimes Amendment (Zoe's Law) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 8 August 2019

Gambling Legislation Amendment (Online and Other Betting) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 7 August 2019

National Parks and Wildlife Amendment (Tree Thinning Operations) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 8 August 2019

Planning Legislation Amendment Bill 2019 - in Legislative Council, awaiting second reading debate, 6 August 2019

Racing Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 7 August 2019

Repeal of Kosciuszko Wild Horse Heritage Legislation Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 8 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Council, to be reported, 8 August 2019

Notices of motion

Anti-Discrimination Amendment (Freedom of Religion) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Central Coast Drinking Water Catchments Protection Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Dairy and Fresh Food Price Advocate Bill 2019 (Aitchison) - in Legislative Assembly, notice of motion, 7 August 2019

Dairy and Fresh Food Price Advocate Bill 2019 (Houssos) - in Legislative Council, notice of motion, 7 August 2019

Liquor Amendment (Intoxication) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Pregnancy Termination (Mandatory Reporting) Bill 2019 - in Legislative Council, notice of motion, 6 August 2019

Professional Engineers Registration Bill 2019 - in Legislative Assembly, notice of motion, 6 August 2019

News

Fri Aug 09 2019

Interesting articles and podcasts

Fri Aug 09 2019

New law reports

Fri Aug 09 2019

New South Wales law reports, Volume 98(3), August 2019 - in this issue : Banjerjee v Commissioner of Police / Brown v Tavern Operator Pty Ltd / Cisera v Cisera Holdings Pty Ltd / Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd / Hunter Quarries Pty Ltd v Mexon / Melino v Roads and Maritime Services / Moloney v Roads and Maritime Services / Nationwide News Pty Ltd v Vass / Secretary, Department of Family and Community Services v Hayward (a pseudonym) / Stojic v Stojic / Waldron v Joondalup Hospital Pty Ltd

Western Australian reports, Volume 54(2), July 2019 - in this issue : Fremantle Lawyers Pty Ltd v Sarich as executor of the estate of Saric / Presiding Member of the Southern Joint Development Assessment Panel v DCSC Pty Ltd

New journals

Fri Aug 09 2019

Criminal law review, Issue 8, 2019 - in this issue : Sentencing mentally ill offenders Nicola Padfield / Private prosecution : a useful constitutional safeguard or a potentially dangerous historical anomaly? Claire de Than and Jesse Elvin / Simplifying the adverse interference direction Jonathan Hall QC / Cleansing the Augean stables : a commentary on the Law Commission's Sentencing Code for England and Wales Julian V Roberts and Umar Azmeh / Cases and comments : Abuse of process - R v LG, Criminal Justice and Public Order Act 1994 s 34 - R v Green (Ricky), Disclosure - R v Simmons (Darren), Householder defence - R v Cheeseman (Steven), Indictment - R v J, R v Toner (Peter), Magistrates' Court - Brown v Director of Public Prosecutions, Mental capacity Act 2005 - R v Kurtz (Emma-Jane), Obstruction of the highway - Director of Public Prosecutions v Ziegler, Road traffic - Richardson v Director of Public Prosecutions, Sentencing - R v Beckford (Marlon Eugene)

Law Institute journal, Volume 93(8), August 2019 - in this issue : Power of association Stuart Webb / Taking the law into their own hands Karin Derkley / LIV calls for 50 mental health fixes Carolyn Ford / LIV optimistic on scheme to wipe criminal slate Karin Derkley / What happened to presumed innocent? Bill Doogue / Justice Jillian Williams / The state of the law Anna Beesley / Data security in practice Adam Wakeling, Molina Asthana and Peter Moran / Grotesquely unreasonable Daniel Butler and Kimberley Noah / The conduct of attorneys Clare Sunderland / Get off my land Phillip Leaman / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme Court judgments Professor Greg Reinhardt / Publicity and costs of innocence Gino Dal Pont / Develop the engagement habit LPLC / Nominating a substitute purchaser Russell Cocks / Towards a fairer playing field Jacqueline Van Dort / Biometrics and privacy Sarah Daniell / Price high or low? Peter Moran / Meetings matter Judith Bennett / Gender remains on the agenda Marquita Nolan / Tending to pressing matters Carolyn Ford / Why procrastinate? Converge International / Puzzling pursuit pays off Karin Derkley

LSJ (Law Society journal), Issue 58, August 2019 - in this issue : President's message Elizabeth Espinosa / 'A profession of distinction' : Law Society outlines three-year vision Amy Dale / Six minutes with... Stephanie Lambert Amy Dale / Mind your ethics Paul Monaghan / Experts warn of looming building crisis / Law Society opening doors for Indigenous students / Anxiety and depression rife among small firms / I'm an awful Aboriginal Trent Wallace / At lunch with... Emma Partridge, Senior Crime Editor, Nine News Kate Allman / Tea with a trailblazer Kate Allman / Losing my religion, losing my job? Amy Dale / The trouble with flying solo Sam McKeith / Career matters Melissa Coade (ed) / My first job, Mahamud Hawila, Lawyer, Hunt and Hunt / Reputation v credibility Angela Heise / Career coach Anna Hinder / Water baby Tia Singh / I'll sleep when i'm dead Rachel Setti / Get loose with these essential office stretches Kate Allman / The case that changed me Nadia Kalic / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Bringing robo-debts before the law : why it's time to right a legal wrong Terry Carney AO / Lawcover tips for managing some key risks in litigation practice Janice Purvis and Candice Perriman / Freedom of religion and speech : it's time for a change Emeritus Professor Rosalind Croucher AM / The NSW CTP scheme in practice Belinda Cassidy / Personal property securities : extensions of time for registration Johnson Pang / Going digital : bridging the gap between e-filing, e-discovery and e-trials Jonathan Prideaux / A warning to the legal profession to stamp out sexual harassment Mia Pantechis / Essential concepts for electronic conveyancing Kye Tran-Tsai, Claire Martin and Benjamin Adams / We are all publishers now : ignoring online comments no longer an option Angus MacInnis / Top 5 tips to boost your productivity at work Glenda Carry / What does it mean to be a parent? High Court delivers clarity in sperm donor case Felicity Bell / 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

Psychiatry, psychology and law, Volume 26(3), June 2019 - in this issue : Bellingham, the assassin of Spencer Perceval : a case of delusional disorder and a missed opportunity for legal reform Kyros C Karayiannis / Financial and caregivers' stressors in Australian law students - a qualitative analysis Fiona Burns, Nerissa L Soh, Rita Shackel and Garry Walter / Psychological reports for sentencing juveniles in Australian courts Debra Bycroft, Greg E Dear, Deirdre Drake / The extension of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 to the Children's Court : opportunities and shortfalls Katinka Morton, Adam Deacon and Danny Sullivan / When psychological science fails to be heard : the lack of evidence-based arguments in a ministerial report on child sexual abuse Oliver Dodier and Frederic Tomas / Police officers' perceptions of a sex offender registration scheme : identifying and responding to risk Kindalin Brooke Masters and Mark Rhys Kebbell / The role of moral disengagement and cognitive distortions towards children among sex offenders Giulio D'Urso, Irene Petruccelli, Valentina Costantino, Carla Zappulla and Ugo Pace / Instance of online suicide, the law and potential solutions James G Phillips, Kate Diesfeld and Leon Mann / Asking the right questions : examining the efficacy of question trails as a method of improving lay comprehension and application of legal concepts Benjamin Spivak, James R P Ogloff and Jonathan Clough / Towards a national strategy for managing fixated persons in Australia Felcity J Riddle, Matthew Ferriman, David G Farmer and Kym M Baillie / Effects of the presser and legislative criteria in classifying New Zealand's fitness to stand trial court outcomes Khan V Buchwald-Mackintosh, Mei Wah M Williams and Joseph A E Sakdalan / A preliminary investigation on the performance of brain-injured witnesses on target-absent line-up procedures Charlotte Gibert and Dara Mojtahedi

News

Fri Aug 02 2019

Interesting articles and podcasts

Fri Aug 02 2019

AI regulation : the push for Australian standards by Meaghan Powell and Lesley Sutton of Gilbert + Tobin - examines the prospect of regulation of artificial intelligence in Australia

The case for a Federal Royal Commission in relation to the Murray-Darling Basin Plan by Dr Joseph Monaghan of Holding Redlich - contends that there should be a Royal commission into the Murray-Darling Basin Plan

Gambling with your property rights : a review of recent cases in property law by Joshua Knackstredt and Michael Connor of Greenway Chambers - considers property issues ranging from indefeasibility under the Torrens Title system, to caveats and the concept of legal tender under sale of land contracts

Industrial manslaughter laws in Australia by Julia Sutherland, Emma Chamizo, Georgia Cain, Shakira Harrison and Lauren Satill of Ashurst - examines industrial manslaughter laws

It's finally here - draft Bill extending unfair contract terms to insurance contracts by Mandy Tsang and Travis Toemoe of King and Wood Mallesons - examines the exposure draft of the Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019 (Cth)

Law Report (ABC) for 30 July presented by Damien Carrick - Who judges the judges?

US Supreme Court classifies ban on registering 'scandalous trade marks' as a freedom of speech violation by Helen Kavadias and Laksha Prasad of HWL Ebsworth - considers Iancu v Brunetti No. 18–302, 588 U.S. _ (2019)

Using the law as a tool for social and climate justice presented by Jen Robinson at the University of Sydney - examines using the law for positive social change

Workplace surveillance evidence and unfair dismissal : can big brother be (illegally) watching? by Nicola Martin of McCabe Curwood - considers Krav Maga Defence Institute Pty Ltd t/a KMDI v Saar Markovitch [2019] FWCFB 263

New and updated NSW Bills

Fri Aug 02 2019
In progress

Fines Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 31 July 2019

Planning Legislation Amendment Bill 2019 - in Legislative Council, to be reported, 31 July 2019

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 1 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 1 August 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 1 August 2019

Negatived

Parliamentary Budget Officer Amendment Bill 2019 - negatived, 1 August 2019

New journals

Fri Aug 02 2019

AIAL forum, Issue 95, July 2019 - in this issue : Recent developments Katherine Cook / The High Court's decision in Burns v Corbett : consequences, and ways forward, for State tribunals Anna Olijnyk and Stephen McDonald / The application of the 'duty to inquire' to the Australian Financial Complaints Authority Dr A J Orchard / Is 'sunsetting' limping off into the sunset? : recent developments in the regime for sunsetting of Commonwealth delegate legislation Stephen Argument / 10 years post Byrne v Marles : reflections on the purpose of procedural fairness in a regulatory context Caroline Morgan

Australian law journal, Volume 93(7), July 2019 - in this issue : Current issues Dr Nuncio D'Angelo (ed) Climate change and the law, ASIC and APRA's changed attitudes to enforcement, Review of franchising law, Politics and the rule of law, Arbitration clauses and the High Court, The ongoing saga of an implied duty of good faith in contracts, Religious freedom : a follow-up, A new international law editor for the journal / The curated page Alexie Glass-Kantor / Around the nation : Victoria Justice Clyde Croft AM (ed) Amendments to the International Arbitration Act 1974 (Cth) Clyde Croft / Family law Richard Ingleby (ed) What if Mrs Jennings or Mr Stanford were worth $20,000,000? Richard Ingleby / International focus Professor Stuart Kaye (ed) Australia and Timor-Leste Conciliation and Maritime Boundary Treaty Stuart Kaye / Admiralty and maritime Dr Damien J Cremean (ed) Pollution of the seas and admiralty Damien J Cremean / Competition and consumer law John Kettle (ed) Competitive neutrality, state aid and Australia - worth reconsidering? John Kettle / Personalia Emily Vale (ed) New South Wales - Justice Lea Armstrong, Justice Andrew Bell, Justice Patricia Henry, Queensland - Justice Elizabeth Wilson / Recent cases Ruth C A Higgins (ed) Representative proceedings - part IVA of the Federal Court of Australia Act 1976 (Cth) - constitutional law - judicial power - whether power to make common fund order part of or incidental to exercise of judicial power by the court - constitutional law - acquisition on just terms - Westpac Banking Corp v Lenthall [2019] FCAFC 34, Constitutional law - separation of powers - acquisition of property - whether common fund order contrary to separation of powers - whether common fund order acquisition of property other than on just terms - representative proceedings - common fund order - Brewster v BMW Australia Ltd [2019] NSWCA 35 Ruth C A Higgins / Enforcement of foreign judgments : does an issue estoppel arise from a foreign court's determination of its own jurisdiction? Dan Butler / "Seeking equal dignity without discrimination" - the Australian Human Rights Commission and the handling of complaints Emeritus Professor Rosalind Croucher AM / Alternative facts in the courts The Hon Justice Stephen Gageler AC / Exploring new and old ideas about estoppel and election The Hon K R Handley QC / Obituary - Emeritus Professor Michael Coper AO, FAAL Professor George Williams AO

Brief, Volume 46(6), July 2019 - in this issue : President's report Greg McIntyre SC / Editor's opinion Jason MacLaurin / Ethics and the media Craig Slater / Opinion piece : Free press is key to our democracy Arthur Moses SC / New whistleblowing laws : risks, policies and changes explained Messina Angelis / Interview with the Hon Justice Gail Sutherland Chief Judge of the Family Court of Western Australia Chloe Samuels / How family violence impacts on property settlement proceedings Dianne Caruso and Simon Creek / welcome to the Honourable Justice Jenni Hill / D v Edgar [2019] WASC 183 Lexi Lachal / Working with elderly clients Susan Fielding / 2019 WA arbitration report Brian Millar and Scott Ellis / The Federal and State courts on constitutional law : the 2018 term Justice Mark Moshinsky / Young lawyers case notes Jack Carroll / Land tax payable when exclusive possession arises as a result of a Crown lease of national park lands used for public recreational purposes Clare Thompson / Compromising the essential dignity of each individual Gino Dal Pont / The Geoff Ajduk memorial prize Magistrate Stephen Vose / Gosnells Community Legal Centre's principal solicitor Linda Saverimutto retires after 28 years of dedicated service to the local community / Family law case notes Robert Glade-Wright / The tale of the sorrowful shopkeeper John McKechnie QC

Cambridge law journal, Volume 78(2), July 2019 - in this issue : Case and comment - Reckoning with British colonialism : the Chagos Advisory opinion Fernando Lusa Bordin, Formalism and realism in campaign finance law Jacob Eisler, Legitimate expectation : reliance, process, substance Mark Ellicott, Deception and consent to sex Rachel Clement, Interpretation and implication in the supreme court Paul S Davies, Isn't Brexit frustrating William Day, (Net) curtains for modern architecture? Privacy, nuisance and human rights Jonathan Morgan, What delimits equitable relief from forfeiture? P G Turner, Cakes in the supreme court Sarah Fraser Butlin, Citizenship and incremental convergence with fundamental rights? Angela Ward and Jacquelyn MacLennan / Parental rights, best interests and significant harms : who should have the final say over a child's medical care? Cressida Auckland and Imogen Goold / EU agencification and the rise of ESMA : are its governance arrangements fit for purpose? Elizabeth Howell / Malice as an ingredient of tort liability John Murphy / Challenging conceptions of accessory liability in private law Pauline Ridge and Joachim Dietrich / Recognising a privacy-invasion tort : the conceptual unity of informational and intrusion claims Paul Wragg

Commonwealth law bulletin, Volume 44(2), June 2018 - in this issue : Two steps forward and ten steps backwards : a retreat from shareholder value primacy, stakeholder theory, creditors and directors duties in the Commonwealth Caribbean Taneisha P Brown / Constitutionality of 'bride price' in Nigeria : echoes from the Supreme Court of Uganda Samuel Ihuoma Nwatu and Edwin Ifeanyi Nwogugu / Private prosecution in Singapore : understanding locus standi and measures in place to minimise abuse Jamil Ddamulira Mujuzi / Enforceability of foreign copyright in Nigeria : a review of the court of appeal's decision in Microsoft v Franike Cynthia Onyinyechi Igodo / Privacy in Commonwealth Caribbean law : emerging trends in the protection of sexual citizenship Westmin R A James / Need for standardizing performance evaluation criteria for judicial magistrates in India Geeta Oberoi / Bermuda triangle : the Supply of Services (Implied Terms) Act 2003 and the competing theories of exemption clauses Juliette McIntyre

Conveyancer and property lawyer, Issue 2, 2019 - in this issue : Proprietary estoppel : the law of farms and families Martin Dixon / Sit up and take notice Russell Hewitson / Remedial consistency and constructive trust claims Peter Jaffey / Violating the enjoyment of a licence : a new tort? Adam Baker / Severance by unilateral declaration : lessons from Singapore Alvin W-L See / Acquiring property rights ex turpi causa Michael W Poulsom / Commons and town and village greens : the give and take principle : TW Logistics Ltd v Essex CC Alec Samuels / FJM v United Kingdom : the taming of Article 8? Jenny Boddy and Lewis Graham / Adverse possession by a registered proprietor and its implications for rectification : Farakh Rashid v Teyub Nasrullah (acting as executor of the estate of the law Mohammed Rashid) Christopher Pulman / Testing times for attestation : Payne v Payne Brian Sloan

Criminal law review, Issue 7, 2019 - in this issue : Forensic science is in trouble Nicola Padfield / The common sense and complications of general deterrent sentencing Andrew Ashworth / Not so clear cut : the lawfulness of body modifications Samantha Pegg / The discussion of ground rules issues in pre-trial preparation for vulnerable witnesses in English Crown courts Hayden M Henderson, Michael E Lamb and Angela Rafferty QC / Case note - R v Ismail (Yahye) / Assault of police officer in the execution of duty - Dixon v Crown Prosecution Service / Data protection - Shepherd v Information Commissioner / Joint enterprise - R v Dreszer (Kamil) / Judicial review - R (on the application of Parashar) v Sunderland Magistrates' Court / Proceeds of crime - R v Fulton (Gary Peter) / Sentencing - R v Rawlinson (Shaun), Attorney General's Reference (R v Lewis (Daniel William Angus))

Proctor, Volume 39(7), August 2019 - in this issue : Our young female profession : and the challenges of technology Bill Potts / Court address noncompliance Michael Connor / Bill seeks end to claim farming / Update : answers from the High Court / QLS welcomes appointment of Chief Magistrate / It takes a village... to raise a career Sarah-Elke Kraal / Court out : the decline of accurate news reporting Tony Keim / Life after death : providing hope for shattered lives or creating a lifetime of unintended consequences Tony Keim / Race against time to preserve life's essence David Riwoe / For the love of.. gametes Stephen Page / A lesson in privacy compliance : fingerprint scans point to unacceptable employer practices Giri Sivaraman and Paloma Cole / Your growing profession : national study profiles lawyers across Australia / Is big law failing our professional colleagues? Travis Schultz / The rise of small and micro firms - are lean times ahead? Travis Schultz / An update : sexual harassment in the profession Bridget Burton / What you need to plead : allegations require a reasonable basis Kylie Downes QC and Maxwell Walker / Would you trust AI with a scalpel? And how should it be regulated? Ivy Shi / Herding cats : dealing with recalcitrant executors and double probate Christine Smyth / High Court confirms sperm donor as parent Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / Can our office go paperless? Magistrate Terrence Browne, Tony Deane, Steven Tyndall and Caroline Hart

New law reports

Fri Aug 02 2019

Northern Territory law reports, Volume 37(1-3), July 2019 - in this issue : Alderson v Northern Land Council / Alice Springs Town Council v Watts / Attorney-General (NT) v Legal Practitioner / Bann v Frew / Bassett v Bassett / Campbell v Arnold / connair Pty Ltd v Frederiksen / Court v Arnold / Dalywater v Dalywater / Davidson v Board of Territory Insurance Office / Day and Dent Constructions Pty Ltd (in liq) v North Australian Properties Pty Ltd (in prov liq) / Fry v Jennings / Godhino v Willard / Griffiths v Errington / Lombardo Marine Group Pty Ltd v Goldsworthy / Milingimbi Community Inc v Fazlic / Mobasa Pty Ltd v Nikic / Munn v Trippe / Patsalidies v Magoulias / Prus-Grzybowski v Everingham / R v Coburn; Ex parte Formin / R v Mackie / R v Martin; Ex parte Aboriginal Sacred Sites Production Authority / Sesar v Haymon / Tarry v Pryce (No 2) / Tippett v Murphy / TNT Bulkships Ltd v Hopkins (No 1) / Wilhelmsen v Frew / Zabic v Nabalco

Northern Territory law reports, Volume 38(1-3), July 2019 - in this issue : Chamberlain, Re Convictions of / Enterprise Gold Mines NL v Mineral Horizons NL / Green v The Queen / Heller Financial Services Ltd v Solczaniuk / Jabarula v Bell / Jabarula v Poore / Lackersteen v Jones / Limbo v Little / M (a juvenile) v Waldron / Nicholls v Thiel / O'Neil v Acott / R v Bird / R v Jabalthari / Sharples v Northern Territory / TNT Bulkships Ltd v Hopkins (No 2) / White Constructions (NT) Pty Ltd v Mutton

South Australian state reports, Volume 132(2), July 2019 - in this issue : Chadrysiak v Commissioner of Highways / R v Buckingham / R v C, S / R v Hamnett / R v Hayles / R v Moore-McQuillan / R v Pali / R v Valesic

State reports (Western Australia), Volume 97(1), July 2019 - in this issue : Jashan Technology Pty Ltd v Phoenix Properties International Pty Ltd / Radha Soami Satsang Beas Australia Pty Ltd v City of Swan / Warr v Town of Cambridge

Western Australian reports, Volume 54(1), July 2019 - in this issue : East Metropolitan Health Servce v Popovic as executrix of the will of Popovic / Osborne Park Commercial Pty Ltd v Miloradovic

New judgments

Fri Jul 26 2019

Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98 - compulsory acquisition, compensation

CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129 - migration, separate claims by mother and son, alleged failure to separately consider the son's claims

Hutchinson v Comcare (No 4) [2019] FCA 1133 - human rights, requisite elements of Public Interest Disclosure Act 2013 (Cth) s 13 (protection from reprisals)

NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182 - planning and environment, comparison of (former) s 97 and current s 8.7 of Environmental Planning and Assessment Act 1979 (NSW)

Roach v R [2019] NSWCCA 160 - crime, fraud

Tran v Minister for Home Affairs [2019] FCA 1126 - migration, partner visa, "whether parties in a genuine spousal relationship "

Interesting articles and podcasts

Fri Jul 26 2019

Conversations (ABC) presented by Sarah Kanowski - Against the death penalty : barrister Julian McMahon

Hidden women of history : Flos Greig, Australia’s first female lawyer and early innovator by Renee Knake of University of Houston and RMIT University on The Conversation AU - examines the life of Grata Flos Matilda Greig

Interpreting Section 39 of the Workers Compensation Act 1987 by Brad Quillan, Jenne Tzavaras and Amy Corry of HWL Ebsworth - considers Technical and Further Education Commission t/as TAFE NSW v Whitton [2019] NSWWCCPD 27 and weekly payments of compensation

Landmark compulsory acquisition decision in the NSW Land and Environment Court by Nicholas Brunton, Anneliese Korber and Mollie Matich of Norton Rose Fulbright - considers Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98

Law Report (ABC) for 23 July presented by Damien Carrick - Youth justice, Maori style

PopLaw Podcast Episode 65 - Peloton vs The Music Industry - hosts Desiree Talley and Tyrone Scott consider Peloton litigation related to the fitness company not clearing the music they use for their fitness program and equipment

News

Fri Jul 26 2019

New law reports

Fri Jul 26 2019

Federal Court reports, Volume 262(2), July 2019 - in this issue : Australian Competition and Consumer Commission v Yazaki / Chhua v Federal Commissioner of Taxation / Taxation, Federal Commissioner of v Sharpcan Pty Ltd

Federal Court reports, Volume 262(3), July 2019 - in this issue : AYX17 v Minister for Immigration and Border Protection / EVA17 v Minister for Immigration and Border Protection / Spencer v Commonwealth

Federal Court reports, Volume 262(4), July 2019 - in this issue : Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) / Customs, Comptroller-General of v Pharm-A-Care Laboratories Pty Ltd / One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union / SZQVV v Minister for Immigration and Citizenship / Verma v Minister for Immigration and Border Protection

New journals

Fri Jul 26 2019

Alternative law journal, Volume 44(2), 2019 - in this issue : Mental health treatment and human rights Ian Freckelton QC / The controversial case of Lawyer X : should lawyers be prevented from acting as human sources? Elyse Methven / Mental health courts : providing access to justice for people with mental illness and cognitive impairments Liz Richardson / 'I'll just Google that!' Online searches and the post-separation family law information experience Jonathan Crowe, Rachael Field, Lisa Toohey, Helen Partridge and Lynn McAllister / The cashless debit card and rights of persons with disabilities Shelley Bielefeld and Fleur Beaupert / Welfare meeting financial services : the cashless debit card dichotomy Marina Nehme / 'It's easy to say "don't sign anything"' : debt problems among recent migrants from a non-English-speaking background Evgenia Bourova, Ian Ramsay and Paul Ali / Nanomedicine regulation in Australia Mia M Rahim / Criminalising infection : questioning the assumption that transmitting HIV constitutes grievous bodily harm Thomas Poberezny-Lynch / Lost in translation : gaps between law and practice in customer-perpetrated sexual harassment Hannah Walker, Patricia Easteal, Allison Ballard and Karen Blake / Are we reading enough crime? Examining the content and depth of criminal law courses Helen Gibbon and Alex Steel / The rule of law, arbitrariness and institutional virtue Keith Thompson / Lawyers as human sources? Robert Corr / Girlie down under / Our choice Paul Babie

Civil justice quarterly, Volume 38(3), 2019 - in this issue : The perils of peer review - can the process be improved? Andrew Higgins and Inbar Levy / UK Supreme Court rules that English companies can be sued for actions of foreign subsidiaries in the interests of "substantial justice" : Vedanta Resources v Lungowe [2019] UKSC 20 Suzanne Chiodo / Finality and judgments obtained by fraud : Takhar v Gracefield Developments Ltd [2019] UKSC 13 Harry Stratton / A priceless victory for consumers : the court of appeal revitalises competition law's collective actions : Merricks v Mastercard [2019] EWCA Civ 674 Jack Williams and Alan Bates / Abuse of process : tactical litigation involving multiple proceedings in multiple jurisdictions results in permanent stay : UBS AG v Tyne [2018] HCA 45 Christopher Murphy / Improving procedural fairness in housing possession cases Dr Lisa Whitehouse, Professor Susan Bright and Professor Mandeep Dhami / Judicial policy, public perception, and the science of decision making : a new framework for the law of apprehended bias Andrew Higgins and Inbar Levy / The current scope of the regulatory regime of the Association of Litigation Funders - what is in and what is out in light of recent changes Mark Baldock

Public law, July 2019 - in this issue : The Prince of Wales at 70 and the survival of the monarchy Robert Blackburn QC / The Venice Commission and the rule of law crisis Richard Clayton QC / From early resolution to conceptual confusion : R (on the application of Gallaher Group Ltd) v Competition and Markets Authority Hayley J Hooper / Proceedings in parliament Graeme Watt / The implementation of the Convention on the Rights of the Child in Nigeria Muyiwa Adigun / Compounding vulnerability and concealing unfairness : decision-making processes in the UK's anti-trafficking framework Samantha Currie / Building on the past, understanding the devolution process : a housing case study Steffan Evans / A different tale of judicial power : administrative review as a problematic response to the judicialisation of tribunals Robert Thomas and Joe Tomlinson / Privacy at the intersection of public law and private law Jelena Gligorijevic / Current survey

New judgments

Fri Jul 19 2019

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100 - environmental offence, water pollution

Fairfax Media Publications Pty Ltd v Gayle; The Age Company Pty Ltd v Gayle; The Federal Capital Press of Australia Pty Ltd v Gayle [2019] NSWCA 172 - defamation

Martin v Norton Rose Fulbright Australia [2019] FCA 1101 - practice and procedure, former Norton Rose Fulbright Australia partner granted leave to appeal ruling in his dispute with the law firm that denied him access to communications between partners on the grounds that the documents were privileged

Interesting articles and podcasts

Fri Jul 19 2019

Are cryptocurrencies considered 'property' for legal purposes? by Tal Williams of Holman Webb - considers B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03

Delegated legislation : flexibility at the cost of scrutiny? by Chris Angus of the NSW Parliamentary Research Service - considers use of delegated legislation in New South Wales

Law Pod UK Ep 87 : Catching cross-border criminals - Rosalind English and Catriona Murdoch discuss a new app designed to help professionals in the investigation of international crimes

Law Report (ABC) for 16 July presented by Damien Carrick - Inside Auckland’s Youth Detention Centre

Navigating split dispute resolution clauses – where's Google Maps when you need it? by Nick Rudge, Leighton O'Brien, Julian Berenholtz and Sam Kay of Allens Linklaters - discusses RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd and Anor [2019] VSC 353, building contracts and the need for dispute resolution clauses to be clear and unambiguous

Re-assessing the value of Facebook for business in Australia : heightened risk in operating public pages by Lisa Fitzgerald, Madeleine Griffiths and Alicia Bray of Holding Redlich - considers the risks for businesses in operating public Facebook pages and the decision in Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766

Serious misconduct : a salutary reminder by Ross Jackson of Maddocks - considers Trudi Puszka v Ryan Wilks Pty Ltd T/A Ryan Wilks Proprietary Limited [2019] FWC 1132 (note the link to the appeal decision at the top of this decision)

The UNCITRAL Model Law on Cross-Border Insolvency : neither a law nor much of a model by Professor Martin Davies, Tulane University Law School (New Orleans) at the University of Sydney - analyses the UNCITRAL Model Law on Cross-Border Insolvency

News

Fri Jul 19 2019