The Library Bulletin

Australian insolvency law (4th ed) / Christopher F Symes and John Duns

Brownlie's principles of public international law (9th ed) / James Crawford

Drafting trusts and will trusts : a modern approach (14th ed) / James Kessler and Charlotte John

Environmental law in Australia (10th ed) / Gerry Bates

Interpretation of testamentary documents / G E Dal Pont

Legal tech, smart contracts and blockchain / Marcelo Corrales, Mark Fenwick and Helena Haapio (eds)

Military law in Australia / Robin Creyke, Dale Stephens and Peter Sutherland (eds)

Negligence and illegality / Sharon Erbacher

District court law reports, Volume 28(2), July 2019 - in this issue : Alsuleiman (by her tutor Haimour) v George (No 2) / Alsuleiman (by her tutor Haimour) v George (No 3) / Andromedas v Truong (No 2) / Burkitt v Ultimate Car Rentals Australia Pty Ltd / de Jong v Workers Compensation Nominal Insurer / Foster Carer, A v Department of Family and Community Services (No 2) / Mal Owen Consulting Pty Ltd v Ashcroft (No 2) / Nasih v Nguyen / Qiang v Raxigi Pty Ltd t/as V Hovanessian and Associates / SafeWork NSW v Investa Asset Management Pty Ltd

Building and Construction Industry Security of Payment Amendment Act 2018 - 21 October 2019 appointed as the day on which the Act commences

Justice Legislation Amendment Act (No 3) 2018 - 26 July 2019 appointed as the day on which Schedule 1.17 [1] and [4] to the Act commence

Sydney law review, Volume 41(2), June 2019 - in this issue : Exploring the boundaries of compensation for misleading conduct : the role of restitution under the Australian Consumer Law Elise Bant and Jeannine Marie Paterson / Finality and fairness in Australian class action settlements Michael Legg and Samuel J Hickey / Why we use private trust in Australia : the income tax dimension explained Alex C Evans / Discharged contracts ad quantum meruit : Mann v Paterson Constructions Pty Ltd John Eldridge and Timothy Pilkington / Hossain v Minister for Immigration and Border Protection : a material change to the fabric of jurisdictional error? Courtney Raad / Are human rights enough (in Australia)? Dylan Lino

Feedback is being sought on the proposed Residential Tenancies Regulation 2019 (NSW).

See information about the Regulation here.

The deadline for feedback is 2 August 2019 at 5 pm.

Medium neutral citations are court assigned unreported citations in the format -

Case name [Year] Unique court identifier Case number

e.g.

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2019] FCAFC 83

The citation is constant irrespective of publishing medium.

Medium neutral citations should only be used where the citation was allocated by the court, otherwise citations should be in the format -

Case name Court Judge(s) Full date Pinpoint

e.g.

Rickard v Dunlop Olympic Limited and Anor (Supreme Court of New South Wales, Hunt J, 8 July 1983)

Medium neutral citations for most Australian courts have existed since the late 90s, see page 55 of the Australian guide to legal citation (4th ed) for specific details.

Capital punishment in our region by Nigel Brew in Parliament of Australia Flag Post - examines capital punishment in the region

The cartoonists' guide to law : the D'Angelo Law Library's new collection of illustrated legal codes offers insight into statutes and society by Becky Beaupre Gillespie of he University of Chicago Law School - analyses some French cartoons that depict involuntary manslaughter

The EPBC Act Musical – time for the next part or a sequel? by Anna Vella and Aaron Beale of King and Wood Mallesons - considers the Environment Protection and Biodiversity Conservation Act 1999 (Cth) which is due for its 10 year review

Identity at the touch of a button : the rise of digital identity by Kirish Kularajah and Sophie Tversky of Gilbert + Tobin - examines digital identity

Law Report (ABC) for 9 July presented by Damien Carrick - Can the law help reduce the risk of suicide for international students?

The laws of gods and men : when commercial disputes must be in the domain of secular courts by Andrew Lacey of McCabe Curwood - considers Live Group Pty Ltd and Anor v Rabbi Ulman and Ors [2017] NSWSC 1759, Live Group Pty Ltd & Anor v Rabbi Ulman and Ors [2018] NSWSC 393 and Ulman v Live Group Pty Ltd [2018] NSWCA 338

Responses to the government White paper on online harms and the 'right to be forgotten' presented by Damian Tambini of London School of Economics and Roxana Radu of University of Oxford Law Faculty - considers the UK Government's white paper

Tribunal’s hands tied when it comes to tenants by Elly Ashley and Yunsi Feng of Holding Redlich - considers Feletti v Eales [2019] NSWCATAP 100

What is a 21st century family?, Lady Hale at the International Centre for Family Law, Policy and Practice - examines the concept of family

Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 - human rights, discrimination in provision of education

Australian Competition and Consumer Commission v Woolworths Limited [2019] FCA 1039 - consumer law, nature of representations of "biodegradable and compostable" made on labelling of disposable dish and cutlery products sold by respondent, whether representations were as to "future matters" within meaning of s 4 of the Australian Consumer Law, misleading or deceptive conduct

Birner v Aircraft Turnaround Engineering Pty Ltd [2019] FCA 1085 - "meaning of 'casual full-time basis' in letter of employment"

Brighten v Traino [2019] NSWCA 168 - expert evidence, psychometric testing

Hallaby v Local Court of New South Wales [2019] NSWSC 840 - judicial review, "whether the Magistrate misconstrued ss 214(1)(b) and 214(1)(d) of the Criminal Procedure Act 1986 (NSW) and thereby misconceived the nature of his function"

Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1061 and Baron v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1062 - representative proceedings, two class actions with substantially the same claims and causes of action, whether Cooperative Case Management orders should be made

See papers here from the inaugural Global Conference for Media Freedom held in London from 10 to 11 July.

The Parliamentary Joint Committee on Intelligence and Security is conducting an Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press, see information here.

Submissions are requested by 26 July 2019.

New South Wales law reports, Volume 98(2), July 2019 - in this issue : Choy v Tiaro Coal Ltd (in liq) / Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd / Hoang v R / Isaac v Dargan Financial Pty Ltd / LP v P / New South Wales, State of v Thomlinson / Obeid v Lockley / Pacific National Pty Ltd v Baldacchino / State Revenue, Chief Commissioner of v Boss Constructions (NSW) Pty Ltd

State reports (Western Australia), Volume 96(6), July 2019 - in this issue : Bestry Property Group Pty Ltd v Western Australian Planning Commission / Johnston v Director General, Department of Communities / Re SM

Western Australian reports, Volume 53(6), June 2019 - in this issue : Erujin Pty Ltd v Jacob / Scutti v City of Wanneroo

Law quarterly review, Volume 135, July 2019 - in this issue : Derivative actions : a framework for decisions John Armour / Consumer protection and the court's role in shaping the bank-customer contract Sandra Booysen / The nature of the beneficiary's right under a trusts : proprietary right, purely personal right or right against a right? Elena Christine Zaccaria / Rationalising omissions liability in negligence Sandy Steel

Modern law review, Volume 82(4), July 2019 - in this issue : Constitutional directives : morally-committed political constitutionalism Tarunabh Khaitan / Just cognition : scientific research on bias and some implications for legal procedure and decision-making Gary Edmond and Kristy A Martire / From global to anthropocenic assemblages : re-thinking territory, authority and rights in the new climatic regime Daniel Matthews / Thinking outside the box - eliminating the perniciousness of box-ticking and the new corporate governance code Bobby V Reddy / Reconsidering transferred loss Andrew Trotter / Dryden v Johnson Matthey : the boundaries of actionable damage Jarret J Huang

Australia's anti-encryption laws being used to bypass journalist protections, expert says by Josh Taylor of The Guardian

Blair Cottrell moves to appeal conviction over mock beheading video by Lisa Martin of The Guardian

Emojis are increasingly coming up in court cases. Judges are struggling with how to interpret them by Samantha Murphy Kelly of CNN

Encryption laws developed after little consultation with Australian tech companies, FOI documents reveal by Ariel Bogle of ABC News

Google listens to user speaker recordings from SBS News

'Google's power is extraordinary' : businesses turn to the courts over bad reviews by Josh Taylor of The Guardian

Indigenous workers receive $190m stolen wages settlement from Queensland government from The Guardian

'No intention' to reduce number of jury trials in NSW : Chief Judge by Michaela Whitbourn of the Sydney Morning Herald

Companion Animals and Other Legislation Amendment Act 2018 - Assented to 15.6.2018. Date of commencement, except Schs 1 [1]–[5] [7] [8] [10] [12]–[15] [17] and [19]–[22] and 2 [3] and [8]–[11], 1.7.2019, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Sch 1 [1]–[5] [7] [8] [10] [14] [15] [17] and [19]–[22], 31.8.2018, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Schs 1 [12] and [13] and 2 [3] and [8]–[11], 1.7.2018, sec 2 and 2018 (301) LW 29.6.2018.

State Revenue and Other Legislation Amendment Act 2019 - Assented to 1.7.2019. Date of commencement Sch 4 excepted, 1.7.2019, sec 2 (1); date of commencement of Sch 4, assent, sec 2 (2).

Albany Regional Prison's dog training program is creating better pets and better people by Ellie Honeybone on ABC News

Top NSW judge Graeme Henson puts a spotlight on mental health in the legal profession by Jamelle Wells on ABC News

Will California’s new bot law strengthen democracy? by Noam Cohen on The New Yorker

Current challenges to international justice : lean in or leave? presented by Leila Nadya Sadat, James Carr Professor of International Criminal Law and Director of the Whitney R Harris World Law Institute - examines international justice

Did you hear? The Court of Appeal dismisses the employer’s application for leave in an industrial deafness claim by Michael Poulos of McCabe Curwood - considers Bluescope Steel (AIS) Pty Ltd v Sekulovski [2019] NSWCA 136

Human rights and the environment, Lord Carnwath at the Institute of International and European Affairs, Dublin - examines human rights and the environment, including a human rights challenge by the Torres Strait Islands against the Australian Government for not doing enough to protect their interests, either by adopting sufficiently rigorous greenhouse gas targets, or funding adequate coastal defences

Insolvent trusts – getting your priorities straight by Scott Butler, Ann Watson, Aleksandra Symenovych and Michael Maconochie of McCullough Robertson - considers Carter Holt Harvey Woodproducts Australia v Commonwealth of Australia & Ors [2019] HCA 20

Key case considers important trademark issues by Howard Rapke and Nicola McGrady of Holding Redlich - considers Australian Meat Group Pty Ltd v JBS Australia Pty Limited [2018] FCAFC 207

Law Report (ABC) for 3 July presented by Damien Carrick - A selfie, credit card and CCTV : a burglar's digital trail

Masson v Parsons by Katy Barnett on Opinions on High (High Court Blog) - considers the decision in Masson v Parsons [2019] HCA 21

Women's rights worldwide, Lady Hale at the Grotius Lecture, Bank of England, London - examines women's rights

Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2019] FCA 992 - misleading and deceptive conduct, flushable wipes

Ward v Allianz Australia Services Pty Ltd [2019] NSWDC 293 - workers compensation, intentional tort, defendant's responsibility for employee’s deliberate conduct, liability in negligence

Australian bar review, Volume 47(2), May 2019 - in this issue : Barwick today R V Gyles / Sir Garfield Barwick address 2018 Ian D F Callinan / A comparison between discrimination under the general law and discrimination in the Australian Constitution David Bennett / Are you sure? James Allsop, Max Coltheart, Robert French and Kerrie Mengersen / The role of equity in 21st century commercial disputes - meeting the needs of any sophisticated and successful legal system Mark Leeming / The offence of sedition : its history, its current status in Australian and international law, and its constitutionality Anthony Gray / Contracting out of statutory prohibitions against misleading or deceptive conduct Richard Scruby

Australian law journal, Volume 93(6), June 2019 - in this issue : Current issues Justice Francois Kunc (ed) Vale Emeritus Professor Michael Coper AO FAAL, Social media law reform in response to killings in Christchurch, Family law developments, Religious freedom remains topical, Alleged breach of suppression orders pursued Justice Francois Kunc, Family law for the future - a "radical" recommendation Hon Justice SC Derrington, A note from the Independent National Security Legislation Monitor Dr James Renwick CSC SC, The curated page Alexie Glass-Kantor / Letter to the editor Hon Ian Holloway PC QC / Conveyancing and property Robert Angyal SC and Brendan Edgeworth (eds) Fixtures and Forge Christopher Pearce, Valuable, invaluable or unvaluable? The High Court on Native Title compensation Brendan Edgeworth / Class actions Justice Michael B J Lee (ed) Looking into the fishbowl - open justice and federal class action settlements Vince Morabito / Around the nation : Australian Capital Territory Justice David Mossop (ed) Justice David Mossop / Corporations and securities Jason Harris (ed) The changing landscape of corporate fundraising Jason Harris / Personalia Emily Vale (ed) Commonwealth - Justice Paul Anastassiou, Justice Michael Wheelahan Emily Vale, New South Wales : The Hon Margaret Joan Beazley AO QC The Hon Justice John Basten / Statistics on trial Professor John S Croucher AM / Limitation of actions and specific performance Perry Herzfeld / Liability of educational institutions for child abuse Jack Maxwell / From Morotai to Manus : the Australian war crimes trials of the Japanese, 1945-1951 and the Australian legal profession Narrelle Morris / Law schools and the burden of bureaucracy : release the yoke (a plea from the coalface). Part 2 : international comparators and a proposal Olivia Rundle and Lynden Griggs

Law Institute journal, Volume 93(7), July 2019 - in this issue : The good fight Stuart Webb / Farewell to the trust account investigators Steven Sapountsis / Minister's bid for corrections Carolyn Ford / Small firms win big Carolyn Ford / Supporting practitioners to do the right thing / Where professional privilege is blurred Nareeda Lewers / Justice Paul Anastassiou Stuart Webb / Beds are burning Megan Thorburn / Forfeiting your right Michael Wise QC / When three's a crowd Charles Noonan / In confidence Jayr Teng / Lowering the bar of admissibility Anthony Berger / High Court judgments Andrew Yuile / Federal Court judgments Dan Star QC / Family law judgments Robert Glade-Wright / Supreme court judgments Professor Greg Reinhardt / Do they have the authority Legal Practitioners' Liability Committee / Have your say on committal hearings VLRC / Working order conditions Russell Cocks / New powers to target corporate wrongdoing John Price / Meet Josef Peter Morgan / Investing in access to justice Fiona McLeay / Entitlement to interest on refund of legal costs paid Janine Wirth / Doing super better Andrew Proebstl / Rory's law a winner Carolyn Ford / Beating the winter slump Converge / Game for anything Karin Derkley

LSJ (Law Society journal), Issue 57, July 219 - in this issue : Six minutes with Mitch Wallis / Legal luminaries honoured for Queen's birthday / Year 101 : what next for women in law? / OLSC urges lawyers to disclose harassment and bullying / Report reveals 'widespread' mental health discrimination in travel insurance / Campaign to stop police strip-searching minors / World-first legal battle hopes to save a culture Kirrily Schwarz / At lunch with David Bushby, Managing Director, Incounsel Claire Chaffey / The hidden workplace hazard Kate Allman / So you want to be a politician? Kirrily Schwarz / Families in crisis Amy Dale / Sitting pretty in the workplace / How to command the boardroom Michael Kelly / Chasing the exotic Melissa Coade / Going it alone Angela Tufvesson / The science of recovery Ben Lucas / The case that changed me - Amanda Banton Melissa Coade / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / When it comes to human rights, is it time NSW caught up? Maria Nawaz and Andrew Small / What you didn't know about the landmark Rocky Hill judgment John Watts, Ken Eveleigh, Michael Manikas and Jeff Kite / Substance over form - Fair Work Commission cuts some slack Jack de Flamingh and Chris Bell / Consent, the Privacy Act and biometric scanners in the workplace Athena Koelmeyer and Nicola Josey / Privilege pitfalls : implied waiver in email chains Cynthia Cochrane and Catherine Bembrick / Conflict of interest - do you have a conflict check procedure system? Frances Moffitt / New driving laws : a zero-sum game for NSW John Sutton / Estate planning and superannuation death benefits Darryl Browne / Online court in the District Court of NSW James Howard / Financial regulation and a vulnerable Indigenous community Talitha Fishburn / Advising on the purchase of land? Beware the sting of GST withholding 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 / Wills and estates Darryl Browne

Proctor, Volume 39(6), July 2019 - in this issue : Let the light shine on - honouring the Fitzgerald legacy Bill Potts / Your growing profession - how Queensland stacks up Rolf Moses / In memoriam John Butler / Why you should develop a growth mindset Sheila Kushe / The shadow of the past - does it fall on the present? Bill Potts and Shane Budden / O.I.A - the three letters poorly behaved government officials need to fear Tony Keim / Flying high under the radar Tony Keim / Saving a generation lost in the youth justice crisis Tony Keim / The times change, the suffering remains John Robertson / The state of youth justice Damien Atkinson / Changing the culture of civil litigation - views from the court Justice Peter Applegarth and Julie Ruffin / New exhibition : Overturning terra nullius the story of native title Charla Strelan / Subpoenas : narrowing scope and setting aside Kylie Downes QC and Will LeMass / Fake friends find a flaw - new power of attorney laws may offer a loophole Christine Smyth / Spam to scam - the growth of email fraud Jacob Stacey / Adieu, r 2.11 - publication of notices of winding up applications under the Corporations Act Jessica Lambert and Joelle Lenz / Successive representation - the duty to protect confidences versus the duty to disclose Stafford Shepherd / How to distribute trust property in corporate insolvency Joshua Storey / Court confirms 'interchangable' supervisory terms Robert Glade-Wright / High Court and Federal Court casenotes Andrew Yuile and Dan Star QC / Court of Appeal judgments Bruce Godfrey / Basic entitlements - notice of termination and redundancy pay Rob Stevenson

Psychiatry, psychology and law, Volume 26(2), April 2019 - in this issue : Evidence based psychosocial treatments of conduct problems in children and adolescents : an overview Uberto Gatti, Ignazio Grattagliano and Gabrielle Rocca / An analysis of high-risk offending pathways for young females in custody Stephane M Shepherd, Danielle Newton, Cieran Harries, Rebecca L Fix and Rachael Fullam / Perceptions of exonerees in Australia Jane Tudor-Owen, Adrian J Scott, Pamela J Henry and Gregory Stratton / The science behind Bayley v The Queen (2016) Alena Skalon and Jennifer L Beaudry / A pilot study exploring mental health consumers' experiences with the police Lily B Jones and Stuart D M Thomas / Police perceptions of the impact that ADHD has on conducting cognitive interviews with youth Kimberley J Cunial, Leanne M Casey, Clare Bell and Mark R Kebbell / Assessng the risk of Australian indigenous sexual offenders reoffending : a review of the research literature and court decisions Alfred Allan, Catherine L Parry, Anna Ferrante, Christine Gillies, Catherine S Griffiths, Francis Morgan, Caroline Spiranovic, Stephen Smallbone, Hilde Tubex and Stephen C P Wong / A descriptive study of psychosocial characteristics and offense patters in females with online child pornography offences William Bickart, Alix M McLearen, Melissa D Grady and Katie Stoler / Dynamic risk factors, protective factors and value-laden practices Roxanne Heffernan and Tony Ward / Obituary - Philip Damien Cummins Ian Freckelton QC

Safe Work Australia is seeking comments on the recommendations of the Review of the model WHS laws : Final report which was released last December. The deadline for submissions/comments is 5 August 2019.

See information here and the submission page here.

Commonwealth law reports, Volume 263(2), June 2019 - in this issue : Re Culleton (No 2) / Re Day (No 2) / Re Canavan; Re Ludlam; Re Waters; Re Roberts (No 2); Re Joyce; Re Nash; Re Xenophon

English legal history and its sources : essays in honour of Sir John Baker / David Ibbetson, Neil Jones and Nigel Ramsay (eds)

From personal life to private law / John Gardner

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

The office of Lord Chancellor / Diana Woodhouse

Uniform evidence law (14th ed) / Stephen Odgers

The law of reinsurance in England and Bermuda (5th ed) / P T O'Neill and J W Woloniecki

Legal tech : how technology is changing the legal world : a practitioner's guide / Markus Hartung, Micha-Manuel Bues, and Gernot Halbleib

NSW [New South Wales] Civil Procedure Handbook 2019 / John P Hamilton, Geoff Lindsay, Michael Morahan and Carol Webster (eds)

Proclamations commencing Acts

Ageing and Disability Commissioner Act 2019 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Fair Trading Legislation Amendment (Reform) Act 2018 - published on the legislation website 28 June 2019, see proclamation here, and Act here

Paintball Act 2018 No 44 (2019-274) - published on the legislation website 28 June 2019, see proclamation here, and Act here

Bills assented to

Ageing and Disability Commissioner Act 2019 - assented to 25.6.2019. Date of commencement, Part 4 and Sch 1.1 [1] excepted, 1.7.2019, sec 2 (1); date of commencement of Part 4 and Sch 1.1 [1]: not in force.

Appropriation Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Appropriation (Parliament) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019 - assented to 25.6.2019. Date of commencement, assent, sec 2.

Local Government Amendment Act 2019 - assented to 25.6.2019. Date of commencement, Schs 1 [4] and [15]–[20] and 2.2 excepted, assent, sec 2 (1); date of commencement of Schs 1 [4] and [15]–[20] and 2.2: not in force.

"Drink-working" – drugs and alcohol in the workplace by Clare Raimondo, Alice Woods and Michal Bergander-Florek of HWL Ebsworth - considers unfair dismissal and drugs and alcohol in the workplace

Facial recognition technology : a legal challenge in Orwell's backyard by Michael Caplan, Erica Chan and Meaghan Powell of Gilbert + Tobin - considers facial recognition

The future of the NSW Modern Slavery Act is unclear by Lina Fischer, Cilla Robinson and Monique Azzopardi of Clayton Utz - the Modern Slavery Act 2018 (NSW) will not commence 1 July 2019 as anticipated due to "defects" and inconsistencies with the Commonwealth Act

Law Pod UK Ep 84: Widening access at the bar - Jo Moore and Laura Bruce - Emma-Louise Fenelon discusses widening participation at the UK bar with Jo Moore from 1COR and Laura Bruce from the Sutton Trust

Law Report (ABC) for 25 June presented by Damien Carrick - The dog helping survivors give harrowing evidence

Un-becoming a victim : between historic reminder and hallucination, geographical document and childhood memory, collective tragedy and personal healing presented by Sasa Rajsic at the Oxford Transitional Justice Research Seminar Series, University of Oxford

ABC, News Corp to challenge AFP warrants from SBS News

Australia's 'vexatious litigants' are diverse — they include a mass killer and an inventor by Meagan Dillon of ABC News

Candidate weighs up High Court challenge from SBS news

FWO drops legal case against Foodora despite saying it was "important" for courts to consider by Dominic Powell in Smart Company

High Court to determine Aboriginal right to exclude public from popular camping beaches by Ben Collins of ABC News

'Serious concerns' : judge faces scrutiny over alleged unfairness by Michaela Whitbourn in The Sydney Morning Herald

Traumatised police officer takes criminal action after case manager EML dragged out workers' compensation claim by Pat McGrath of ABC News