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Interesting articles, speeches and podcasts

Fri Oct 13 2023

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 4 : ZXT (a pseudonym) v R [2023] NSWCCA 222, TM v R [2023] NSWCCA 185, Waldron v R [2023] NSWCCA 128, Ngo v R [2023] NSWCCA 201 and Darlington v Director of Public Prosecutions (NSW) [2023] NSWSC 1139

After Hegel : rethinking personhood for the collective by Amelia Thorpe, Amy J. Cohen and Gershon, Forthcoming in Chris Bevan (ed), Handbook on Property Law & Theory (Edward Elgar 2024, UNSW Law Research Paper No. 24

Could your business be vicariously liable for the negligence of a non-employee worker? by Anthony Highfield and Vicki Jenner of HWL Ebsworth

Law reform and the PPSA : why we should delete s 267 and Corporations Act s 588FL, Ross Parsons Centre Law and Business seminar

Law Report (ABC) for 10 October presented by Damien Carrick - Constitutional implications of Indigenous Voice proposal; could pill testing save lives?

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Mazibuko v City of Johannesburg

Section 80 and the Territories : Vunilagi v The Queen [2023] HCA 24 by Bharan Narula on Australian Public Law

What is an appeal for? AZC20 v MICMSMA by Joe McIntyre on Australian Public Law

When blood isn't thicker than water : NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children's share by Andrew Lacey and Guy Lewis of McCabes

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Rodden v R - a discussion about costs in criminal proceedings

New and updated NSW Bills

Fri Oct 13 2023
In progress

Building Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Centennial Park and Moore Park Trust Amendment (Car Parking) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 10 Oct 2023

Climate Change (Net Zero Future) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Defamation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Emergency Services Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2023 - in Legislative Assembly, 2R Speech, Interrupted mover's 2R Speech, Thu 12 Oct 2023

Justice Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 10 Oct 2023

Revenue, Mining and Energy Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 12 Oct 2023

Strata Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 12 Oct 2023

Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 11 Oct 2023

Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 11 Oct 2023

Water Management Amendment (Water Access Licence Register) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned, Thu 12 Oct 2023

Awaiting assent

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Motor Dealers and Repairers Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Paintball Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

Radiation Control Amendment Bill 2023 - Awaiting Assent, Wed 11 Oct 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Work Health and Safety Amendment Bill 2023 - Awaiting Assent, Thu 12 Oct 2023

Notice of motion

Centennial Park and Moore Park Trust Amendment (Public Transport) Bill 2023 - in Legislative Council, Notice of Motion, Thu 12 Oct 2023

Greyhound Racing Amendment (Whole-of-life Tracking) Bill 2023 - in Legislative Council, Notice of Motion, Tue 10 Oct 2023

The new CCH platform - CCH iKnowConnect – training opportunities

Fri Oct 13 2023

On 28 October the Bar Library will switch from the CCH Intelliconnect platform to the new CCH iKnowConnect platform.

The content remains familiar but the features available for accessing and retrieving materials are significantly enhanced.

In the lead up to this changeover, CCH are offering introductory training sessions. Details and registration are available at the link below :

https://www.wolterskluwer.com/en-au/solutions/cch-iknowconnect/training-resources

Interesting articles, speeches and podcasts

Tue Oct 10 2023

The 5 cases podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers - Episode 3 : BDO v The Queen [2023] HCA 16, AB v R [2023] NSWCCA 165, XU v R [2023] NSWCCA 93, Al-Salmani v King [2023] NSWCCA 83 and Commissioner of Police, NSW Police Force v Alahmad [2023] NSWSC 762

Caesar judging Caesar : lay-person membership of a federal judicial commission by Henry Palmerlee on Australian Public Law

Cause and effect – what you need to know about consequence management frameworks by Andrew Gray and Daniel Delimihalis of King and Wood Mallesons

A cautious approach to the precautionary principle by Samantha Murphy and Eternity Lim of Maddocks

Evaluation of a proprietary estoppel claim to a family farm : text, context and purpose, Justice Geoff Lindsay AM, STEP Queensland Annual Conference

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 7 : The Crown

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 8 : The Voice

Law Report (ABC) for 19 September presented by Damien Carrick - 'Voices' to parliament in Scandinavia

Law Report (ABC) for 26 September presented by Damien Carrick - Victorian nurse becomes first voluntary assisted dying patient to donate organs

Law Report (ABC) for 3 October presented by Damien Carrick - Disability royal commission delivers findings; 'Fake nurse' jailed in Australian legal first

A perspective from a jurisdiction without a doctrine of deference : Australia by Janina Boughey on Australian Public Law

Protest bans in NSW and South Australia - are they constitutionally valid? by Brenda Tronson on Australian Public Law

Ross Parsons Corporations Law Lecture 2023 : The responsibility of shareholders from University of Sydney

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Australian Capital Television v Commonwealth

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Rome v Jesus

Conversations with Sarah Kanowski - Suzie Miller : finder of ways

A tale of two deals – just because an indemnity is unfair in one, doesn’t make it unfair in another by Belinda Breakspear, Alex Hutchens, Matthew McMillan and Jacob Bartels of McCullough Robertson

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Analysing the Combating Misinformation and Disinformation Bill

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The Wigs Live! - The Sofronoff Inquiry and its aftermath

New judgments

Fri Oct 06 2023

Askarou v The King [2023] NSWCCA 246 - criminal law, whether it was improper for the Crown to invite the jury to “jettison” the evidence of a witness

R v Bentley; R v Cockburn; R v Buddle; R v Dawes; R v Pfitzner [2022] NSWDC 755 - "[124] The only advice I can give you, and I am an old man who has been doing this job a long time, is that you keep in touch with your Community Corrections officer. Hopefully, you can trust them enough to call them if you are tempted to commit other offences or if things are going bad. If you run away from your responsibilities, as you have done in the past, while it may be understandable, the courts will have little choice, if you commit further offences, but to return you to gaol. I do not underestimate how hard that will be."

Conference on the NSW Supreme Court and Legislative Council bicentenaries

Fri Oct 06 2023

The Parliament of NSW is hosting a special two-day conference ahead of next year’s bicentenaries for the NSW Legislative Council and Supreme Court of NSW.

The event will run across 13-14 November at both the Parliament House and the Supreme Court. The conference will explore the history, politics and people behind the New South Wales Act 1823, which sparked 200 years of parliamentary democracy and the rule of law.

Esteemed historians, experts and authors will explore different facets of the NSW Act and its impact, alongside broader stories from the colony at the time.

Included is a special panel discussion featuring the Chief Justice of the Supreme Court, the Hon. Andrew Bell, former Justice of the High Court and Supreme Court, the Hon. Virginia Bell AC and former President of the NSW Court of Appeal, the Hon. Keith Mason AC KC. The session takes place at the NSW Supreme Court and looks at the Chief Justices over the last 200 years and the pathways they forged for Australian case law. The session is followed by an optional tour of the historic St James Law Courts.

Tickets for the full two-day conference are available for $25. For more information on the conference program and to reserve your spot, click here.

The Supreme Court session (Monday, 13 November 2023 at 2.00pm) is available as a stand-alone ticket for $10 (book separately here).

New books

Fri Oct 06 2023

New and updated NSW Bills

Fri Oct 06 2023
In progress

Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 20 Sep 2023

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023 Paintball Amendment Bill 2023 - in Legislative Council, Awaiting Minister's 2R Speech, Wed 20 Sep 2023

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2023 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Thu 21 Sep 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, Awaiting 2R Debate, Thu 21 Sep 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, To be reported, Thu 21 Sep 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Referred to committee for inquiry and report, Wed 20 Sep 2023

Radiation Control Amendment Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 21 Sep 2023

Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 21 Sep 2023

Work Health and Safety Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 20 Sep 2023

Proclamations commencing Acts

Criminal Legislation Amendment (Knife Crimes) Act 2023 No 12 (2023-528) — published LW 22 September 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 No 10 (2023-545) — published LW 29 September 2023

Bills assented to

Appropriation Act 2023 No 24 — assented to 27 September 2023

Appropriation (Parliament) Act 2023 No 25 — assented to 27 September 2023

City of Sydney Amendment Act 2023 No 27 — assented to 27 September 2023

Civil and Administrative Tribunal Amendment Act 2023 No 22 — assented to 20 September 2023

Crimes Amendment (Corrupt Benefits for Trustees) Act 2023 No 21 — assented to 20 September 2023

Explosives Amendment Act 2023 No 23 — assented to 20 September 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Act 2023 No 20 — assented to 20 September 2023

Treasury and Revenue Legislation Amendment Act 2023 No 26 — assented to 27 September 2023

Notice of motion

Surveillance Devices Amendment (Public Interest Exemptions) Bill 2023 - in Legislative Council, Notice of Motion, Wed 20 Sep 2023

Library update

Fri Oct 06 2023

The Bar Library will be closed until 1pm on Thursday, 12 October to allow the Librarians to attend a professional development training session. We apologise for any inconvenience.

New and updated NSW Bills

Fri Sep 15 2023
In progress

City of Sydney Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, Awaiting 2R Debate, Tue 12 Sep 2023

Health Legislation Amendment (Miscellaneous) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 12 Sep 2023

Mining Amendment (Mineral Claims—Opal) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 14 Sep 2023

Motor Dealers and Repairers Amendment Bill 2023 - in Legislative Assembly, Awaiting Minister's 2R Speech, Thu 14 Sep 2023

Paintball Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Sep 2023

Petroleum (Onshore) Amendment (Liverpool Plains Prohibition) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 13 Sep 2023

Radiation Control Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 14 Sep 2023

Rural Fires Amendment (Red Fleet) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 14 Sep 2023

State Insurance and Care Governance Amendment (ICNSW Governance) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 13 Sep 2023

Awaiting assent

Civil and Administrative Tribunal Amendment Bill 2023 - Awaiting Assent, Thu 14 Sep 2023

Crimes Amendment (Corrupt Benefits for Trustees) Bill 2023 - Awaiting Assent, Tue 12 Sep 2023

Explosives Amendment Bill 2023 - Awaiting Assent, Thu 14 Sep 2023

Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Bill 2023 - Awaiting Assent, Wed 13 Sep 2023

Notice of motion

Constitution Amendment (Rights and Freedoms) Bill 2023 - in Legislative Council, Notice of Motion, Tue 12 Sep 2023

Constitution Amendment (Rights and Freedoms–Referendum) Bill 2023 - in Legislative Council, Notice of Motion, Tue 12 Sep 2023

New judgments

Fri Sep 15 2023

Crime and Corruption Commission v Carne [2023] HCA 28 - parliamentary privilege

Insurance Australia Limited t/as NRMA v Richards (No 2) [2023] NSWSC 1056 - party/party costs, whether to depart from usual order under the Uniform Civil Procedure Rules 2005 (NSW) that costs follow the event

ISPT Pty Ltd and AWPF Management No. 2 Pty Ltd v Cao and Zhao [2023] NSWSC 1115 - commercial leases, discharge by frustration

Qantas Airways Limited & Anor v Transport Workers Union of Australia [2023] HCA 27 - industrial law

Interesting articles, speeches and podcasts

Fri Sep 15 2023

Commissioner Holmes' revolution? Robodebt, transparency and record creation by Darren O'Donovan on Australian Public Law

Costs : when do they follow the event in judicial review proceedings? by Barbara Casado of Hall and Wilcox

Dodd v Dodd [2022] NSWSC 199 – Supreme Court judgment summary by Rebecca Tidswell of Carroll and O'Dea Lawyers

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 6 : How to change the Constitution

Large language models and the future of law by Damien Charlotin of HEC

Law Report (ABC) for 12 September presented by Damien Carrick - The Voice and how Indigenous knowledge can help close the gap

New AHRC guidelines for positive duty to eliminate sexual harassment by Tim McDonald and Lauren Colless of McCabes

Timely reminder to directors that your responsibilities do not end when a liquidator is appointed by Howard Rapke, Jessica Tsiakis and Rebecca Cleary of Holding Redlich

Waste not, want not : rights and remedies in preservation of an estate, The Honourable Justice G Lindsay​, Blue Mountains Law Society 2023 Succession Conference

When can a contract be terminated at common law? by Bryony Evans, Michael Swinson and Anna Tinney of King and Wood Mallesons

Why The Voice will lead to better government decision making and practical outcomes for First Nations peoples by Narelle Bedford on Australian Public Law

New judgments

Fri Sep 08 2023

AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022 - contractual power of non-renewal, termination of dealership agreement, franchising

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors [2023] HCA 26 - constitutional law

Douglas v Mikhael [2023] NSWSC 979 - oral contract

In the matter of ACN 613 909 596 Pty Ltd (formerly Minle Wine Negociants of Australia Pty Ltd) (subject to a deed of company arrangement) [2023] NSWSC 753 - voluntary administration, deed of company arrangement

Sargent v Sargent [2023] NSWSC 1063 - evidence, loss of client legal privilege, "intentions…of a client or party who has died"

Interesting articles, speeches and podcasts

Fri Sep 08 2023

Beware the verbal contract by Tim Case and Alan Wrigley of McCullough Robertson

Crossing the ditch? – Zurich Insurance Company Ltd & Anor v Koper [2023] HCA 25 by Nicholas Matkovich and Vignesh Iyer of HWL Ebsworth

First Peoples and the people of the Australian Commonwealth by Nicholas Aroney, University of Queensland

It's Not Just the Vibe, It's the Constitution podcast presented by Kim Rubenstein and James Blackwell - Episode 5 : Representative democracy

Julius Stone Address : What is political progress?, Professor Lea Ypi, University of Sydney

Law Report (ABC) for 5 September presented by Damien Carrick - Judge liable for wrongful imprisonment and a Palawa lawyer's case for No

Mercedes-Benz defeats dealers in landmark agency model case by Adrian Kuti, Mihkel Wilding, Anchal kapur and Julian Rein of Clayton Utz

Overhaul of gig worker rights by Will Spargo, Cameron Hannebery, Christian Mooney, Jeremy Hanrahan, Kaitlyn Gulle and Vince Rogers of Lander and Rogers

Remarks on the occasion of celebrating Professor Barbara McDonald's contribution to the University of Sydney Law School, The Honourable Justice M. J. Leeming​

Secondary Rules podcast presented by Ryan Goss and Joshua Neoh - Indira Gandhi v Director of the Islamic Department

Supreme Court of New South Wales 2023 Annual Conference - Criminal law review, The Honourable​​ Acting Justice R. A. Hulme

Treasury consults on unfair trading practices in Australia from Gilbert + Tobin

When will a deed of company arrangement be terminated as an abuse of process? by Chris Kintis, Paul Evans and Bishoy Genday of Cornwalls

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - Revisiting the prosecution's duty of disclosure

New books

Fri Sep 01 2023

News

Fri Sep 01 2023