The Library Bulletin

Dayney v The King [2024] HCA 22 - criminal law, self-defence

The King v Hatahet [2024] HCA 23 - criminal law, sentence

Price v Clearview Life Nominees [2024] NSWSC 706 - Harman undertaking

Breathing life into the law : achieving access to justice in the modern State, Lady Rose, Lionel Cohen Lecture 2024

Coercive control - Episode 3 hosted by Hayley Dean, Legal Aid NSW

Improving anti-corruption oversight : AB v IBAC and beyond by William Partlett on Australian Public Law

Law Report (ABC) for 11 June presented by Damien Carrick - Protecting First Nations sacred sites: are Australian laws fit for the task?

Police use of intrusive technology : freedom, privacy, and political legitimacy, A. Roberts in A. Roberts, J. Purshouse, and J. Bosland (eds.), Privacy, Technology, and the Criminal Process, (2023: Routledge), 39-65

A tort of misappropriation of culture, Jayden Houghton, (2024) 29 Torts Law Journal

In progress

Alcohol Consumption in Public Places (Liberalisation) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 5 Jun 2024

Automated External Defibrillators (Public Access) Bill 2024 (No 2) - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 - in Legislative Council, 2R, Wed 5 Jun 2024

Catholic Cemeteries and Crematoria Trust Bill 2024 - n Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Community Services Sector (Portable Long Service Leave) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 5 Jun 2024

Electoral Funding Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Energy Legislation Amendment (Clean Energy Future) Bill 2024 - in Legislative Assembly, 2R Speech, Debate adjourned 5 clear days, Wed 5 Jun 2024

Energy Security Corporation Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 6 Jun 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 - in Legislative Council, 2R, Tue 4 Jun 2024

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, 2R, Debate adjourned, Wed 5 Jun 2024

National Parks and Heritage Legislation Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Debate adjourned, Wed 5 Jun 2024

Protection of the Environment Operations Amendment (Balloons) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 6 Jun 2024

Residential (Land Lease) Communities Amendment Bill 2024 - in Legislative Council, To be reported, Wed 5 Jun 2024

Rice Marketing Amendment Bill 2024 - in Legislative Council, 2R, Thu 6 Jun 2024

Road Rules Amendment (Helmets—Sikh Exemption) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 5 Jun 2024

Transport Administration Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 4 Jun 2024

Awaiting assent

Emergency Services Levy Amendment (Land Classification) Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Emergency Services Levy Insurance Monitor Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - Awaiting Assent, Wed 5 Jun 2024

Notice of motion

Environmental Planning and Assessment Amendment (Inclusionary Zoning Targets) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 6 Jun 2024

Government Sector Employment and Other Legislation Amendment Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Road Rules Amendment (Mobile Phones as Navigation Aids for Provisional Licence Holders) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

Statute Law (Miscellaneous Provisions) Bill 2024 - in Legislative Council, Notice of Motion, Tue 4 Jun 2024

EXV v Uniting Church in Australia Property Trust (NSW) [2024] NSWSC 490 - first consideration of section 7D of the Civil Liability Act 2002 (NSW)

Prouten v Buxton [2024] NSWDC 182 - defamation – contretemps occurring when plaintiff and defendant were both using a shared path for cyclists and pedestrians – both parties complain to the police - defendant’s Facebook post describing the incident widely shared on other Facebook pages - identification, defamatory meaning and publication – whether the defendant is liable for publications on Facebook pages other than his own where his original post is “shared” on other Facebook pages – defences of justification, honest opinion and offer to make amends - damages

State of New South Wales v McLaughlin [2024] NSWCA 137 - false imprisonment

Data and private law / Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson (eds.)

Women, their lives and the law : essays in honour of Rosemary Auchmuty / Victoria Barnes, Nora Honkala and Sally Wheeler (eds.)

AI's Ultron moment – Johansson takes on OpenAI over uncanny voice resemblance by Antoine Pace of Gadens

The courts and arbitration, Justice Stern

Crypto court ruling : "scope" of financial products, authorised representative exemptions and misleading or deceptive conduct by Robert Neely, Mark Lindfield, Kenneth Leung and Angus Bryce of Lander and Rogers

Health AI : UK study of real world examples of bias by Anna Smyth and Peter Waters of Gilbert + Tobin

Industrial manslaughter bill introduced in NSW by Cameron Hannebery, Adam Battagello and Siena Visentini of Lander and Rogers

An inquiry has recommended Australia legislate a Human Rights Act. Here's why we need one by Paula Gerber and Melissa Castan on The Conversation

Law Report (ABC) for 4 June presented by Damien Carrick - Trump's legal woes; Bad Neighbours: fences

Overturning Al-Kateb v Godwin : unanswered questions about the rules of precedent.pdf ""), Justice Edelman, The Fourteenth Sir Harry Gibbs Memorial Oration, The Thirty-Fourth Conference of The Samuel Griffith Society

Strata law : an update from the perspective of the Supreme Court, Justice Peden, 19th Annual Australian College of Strata Lawyers (ACSL) Strata Law Conference

Thinking about law : the wisdom of a common law tradition, Justice Lindsay, The Michael O'Dea Oration

Kids, courts, canines : can justice facility dogs like Winston help children and the broader court system? by Suzanne Rock and Natalie Gately on The Conversation

Serial transformed true crime — and the way we think about criminal justice by Aja Romano on Vox

You can now be frozen after death in Australia. If you get revived in the future, will you still legally be the same person? by Kate Falconer on The Conversation

Proclamations commencing Acts

Defamation Amendment Act 2023 No 36 (2024-178) — published LW 31 May 2024

Bills assented to

Emergency Services Levy Amendment Act 2024 No 23 — assented to 27 May 2024

Health Legislation Amendment (Miscellaneous) Act 2024 No 22 — assented to 27 May 2024

The 2019 Hague judgments convention / Ronald A. Brand, Michael S. Coffee and Paul Herrup

Regulation-making in the United Kingdom and Australia : democratic legitimacy, safeguards and executive aggrandisement / Andrew Edgar

Co-producing automated public decision-making, Oliver Butler, Centre for Intellectual Property and Information Law

Coercive control - Episode 1 (Part 1) and Episode 1 (Part 2) and Episode 2 hosted by Hayley Dean, Legal Aid NSW

Digital ID Act 2024 by Lesley Sutton and Emilie Williams of Gilbert + Tobin

Law Report (ABC) for 28 May presented by Damien Carrick - Can X be held liable for publishing hate speech in Australia? Bad Neighbours: cars & apartments

Liability for false imprisonment and judicial immunity in Australia's federal court system by Simon Allison and John Minas in (2024) 83(1) Cambridge Law Journal 33

Lives and Times of the Judges Podcast - James Allsop AC SC

What is the effect of making time of the essence in a contract? by Michael Swinson, Bryony Evans and Kirsten Bowe of King and Wood Mallesons

May v Walker [2024] NSWSC 612 - contract – 82-year old bachelor owns land near Thredbo with ski lodge – befriended by couple – offers rent-free accommodation in return for work on property – couple press for 99-year lease, then 30 + 30 year lease, then 30-year lease – owner agrees couple can manage the ski lodge – couple apply pressure – bachelor seeks help – police evict couple – couple assert 30-year lease – whether a contract – principles at [159]-[160] – owner did not sign lease – couple falsify multiple documents in support of claim – rogues.

A chicken recipe so good its origin is being fought in court by Tamara Hinson on BBC

Chief Justice Andrew Bell flags generative AI as major challenge for justice system as Supreme Court of NSW celebrates bicentenary by Jamie McKinnell on Stateline (ABC)

Fewer than 10% of sexual assaults reported to NSW police end in a conviction, report finds by Rafqa Touma in The Guardian

Scarlett Johansson's OpenAI clash is just the start of legal wrangles over artificial intelligence by Dan Milmo on The Guardian

Why a new ruling on the law of the sea and climate change matters for Australia and especially our island neighbours by Clive Schofield and Karen Scott on The Conversation

Hassan (formerly described under the pseudonym AFX21) v Minister for Home Affairs [2024] FCA 527 - immigration detention, duty of care

Madrill on behalf of the members of the Amapete, Apwetyerlaneme, Atnweale and Warrtharre Landholding Groups v Northern Territory of Australia [2024] FCA 529 - native title

Schwanke v Alexakis; Camilleri v Alexakis [2024] NSWCA 118 - equity, whether equitable principles of unconscionable conduct apply to testamentary gifts as they apply to inter vivos transactions

University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57 - industrial law, university, right to intellectual freedom

Bills assented to

Local Government Amendment (De-amalgamations) Act 2024 No 21 — assented to 20 May 2024

Families gather for historic native title decision recognising exclusive possession of Huckitta Station, in Central Australia by Charmayne Allison on ABC

The International Tribunal for the Law of the Sea rules carbon dioxide is an ocean pollutant on ABC

AI takes the Hippocratic oath by Anna Smyth and Peter Waters of Gilbert + Tobin

Contract damage principles and wasted expenditure – High Court decision by Jay Leary and Mikayla Ware of Herbert Smith Freehills

Departmental advice in ministerial decision-making : Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 by Janina Boughey on Australian Public Law

Infringement lessons from the Jack Daniel's case by Luke Dale and Alexia Daminato of HWL Ebsworth

Law Report (ABC) for 21 May presented by Damien Carrick - UK court ruling paves way for new Assange appeal against extradition; Bad Neighbours : surveillance cameras

Truth decay and its implications for the judiciary : an Australian perspective, The Hon. A S Bell, 4th Judicial Roundtable Durham University

What should you give more weight to; expert evidence or school records? by Helen Huang of McCabes

Proclamations commencing Acts

Combat Sports Amendment Act 2024 No 16 (2024-153) — published LW 17 May 2024

In progress

Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Companion Animals Amendment (Puppy Farms) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 15 May 2024

Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 16 May 2024

Independent Commission Against Corruption Amendment (Ministerial Diary Disclosure) Bill 2024 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 16 May 2024

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 15 May 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - in Legislative Council, 2R Speech, Debate adjourned 5 calendar days, Tue 14 May 2024

National Parks and Heritage Legislation Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 15 May 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Assembly, To be reported, Thu 16 May 2024

Residential (Land Lease) Communities Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 14 May 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, Referred to committee for inquiry and report, Thu 16 May 2024

Awaiting assent

Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Emergency Services Levy Amendment Bill 2024 - Awaiting Assent, Wed 15 May 2024

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 - Awaiting Assent, Thu 16 May 2024

Health Practitioner Legislation Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Jury Amendment Bill 2024 - Awaiting Assent, Wed 15 May 2024

Local Government Amendment (Employment Arrangements) Bill 2024 - Awaiting Assent, Thu 16 May 2024

Property NSW Amendment Bill 2024 - Awaiting Assent, Tue 14 May 2024

Notice of motion

Conversion Practices Ban Amendment (Gender Identity) Bill 2024 - in Legislative Council, Notice of Motion, Wed 15 May 2024

David Berry Hospital Amendment (Prohibition of Sale) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 16 May 2024

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 16 May 2024

Road Rules Amendment (Helmets—Sikh Exemption) Bill 2024 - in Legislative Council, Notice of Motion, Wed 15 May 2024

Notice of motion withdrawn

Electricity Infrastructure Investment Amendment (Tender Moratorium) Bill 2024 - in Legislative Assembly, Notice of Motion Withdrawn, Thu 16 May 2024

Drake-Kendrick Lamar feud: What does the law say about defamatory lyrics? by Lisa Macklem on The Conversation

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 8 : Bugmy v DPP [2024] NSWCA 70, R v RB [2024] NSWSC 471, El Seidi v R [2021] NSWCCA 303, Lang v The Queen [2023] HCA 29, Hatahet v R [2023] NSWCCA 305

The adequacy of judicial review as a means of overseeing the use of automation in administrative decision-making by Nicola Johnson and Michelle Harradine of Hall and Wilcox

Federalism, the courts and class actionsCorporateConductSymposium.pdf ""), Justice Beech-Jones, Corporate Conduct + Class Actions Symposium

Law Report (ABC) for 14 May presented by Damien Carrick - War crimes whistleblower David McBride sentenced; Bad Neighbours: water

Trends in international law litigation : an Australian perspectiveMiddleTempleLecture.pdf ""), Justice Gleeson, Middle Temple International Sub-Committee Lecture

Waiver of legal professional privilege in regulatory investigations by Toby Boys and Sam Shaw of Holding Redlich

Chalmers and Guest on bills of exchange and cheques (19th ed.) / S. J. Gleeson

Formation and variation of contracts (4th ed.) / John Cartwright

The law of affidavits (2nd ed.) / John Levingston

Spencer Bower and Handley : res judicata (6th ed.) / Patrick Anthony Keane

Discharge of Adoption of Isabel (a pseudonym) [2024] NSWSC 565 - application by adult adopted person to discharge adoption order, whether an exceptional reason shown

Rogers v Registrar General of NSW [2024] NSWSC 590 - adverse possession

Australia : can you ever have too many CARs? Kanye says no; Federal Court says YES! by Alan Darwin, Bill Fuggle and Trudi Procter of Baker McKenzie

Australia's strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences by Gerard Timbs and Ben Swain of Gadens

For King and country? The Federal Court confirms the limits of governments' use of copyright by Cate Nagy, Kate Hay, Luke Hawthorne and Damien MacRae of King and Wood Mallesons

Incorrect in a material respect does not require a different outcome : Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406 by Qiming Zhou of McCabes

Law Report (ABC) for 7 May presented by Damien Carrick - The end of non-compete clauses? Bad Neighbours: smells

Res judicata and issue (collateral) estoppel in transnational litigation and arbitration: The United States position in comparative perspective, Justice McEvoy, 8th Judicial Seminar on Commercial Litigation

Federal constitutional law : a contemporary view (6th ed.) / Sarah Joseph and Melissa Castan

Awaiting assent

Health Legislation Amendment (Miscellaneous) Bill 2024 - Awaiting Assent, Wed 8 May 2024

Local Government Amendment (De-amalgamations) Bill 2024 - Awaiting Assent, Thu 9 May 2024

In progress

Bail Amendment (Serious Personal Violence and Electronic Monitoring) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 8 May 2024

Electricity Infrastructure Investment Amendment (Renewable Energy Sector Plan) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Emergency Services Levy Amendment Bill 2024 - in Legislative Assembly, To be reported, Tue 7 May 2024

Emergency Services Levy Amendment (Land Classification) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Emergency Services Levy Insurance Monitor Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Tue 7 May 2024

Health Practitioner Legislation Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Tue 7 May 2024

ICAC and Other Independent Commissions Legislation Amendment (Independent Funding) Bill 2024 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 9 May 2024

Jury Amendment Bill 2023 - in Legislative Assembly, To be reported, Tue 7 May 2024

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023 - in Legislative Council, 2R negatived on division in the LC, Wed 8 May 2024

Local Government Amendment (Employment Arrangements) Bill 2024 - in Legislative Assembly, Awaiting 2R Debate, Debate adjourned 5 clear days, Wed 8 May 2024

Ombudsman and Other Legislation Amendment Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 9 May 2024

Property NSW Amendment Bill 2024 - in Legislative Council, Awaiting mover's 2R Speech, Debate adjourned, Wed 8 May 2024

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 8 May 2024

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2023 - in Legislative Assembly, 2R Debate, Debate interrupted, Thu 9 May 2024

Lapsed

Automated External Defibrillators (Public Access) Bill 2024 - Lapsed in Accordance with Standing Orders, Sat 20 Apr 2024

Notice of motion

Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024 - in Legislative Council, Notice of Motion, Wed 8 May 2024

Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 - in Legislative Council, Notice of Motion, Wed 8 May 2024

Regional Communities (Consultation Standards) Bill 2024 - in Legislative Assembly, Notice of Motion, Thu 9 May 2024

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 - in Legislative Assembly, Notice of Motion, Wed 8 May 2024

Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 - damages, contract

Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks [2024] HCA 16 - statutes

Obian v The King [2024] HCA 18 - statutes

Tasman District Council v Louise Buchanan, Keith Marshall and Alistair Donald as Trustees of the Buchanan Marshall Family Trust [2024] NZCA 133 - novel duty of care