The Library Bulletin

Australian income tax legislation 2019 / CCH Australia Ltd

Company directors' duties and conflicts of interest / Rosemary Teele Langford

The platform economy : legal status of online intermediaries / Bram Devolder (ed)

Proof : how to analyse evidence in preparation for trial (3rd ed) / Andrew Palmer

Trial techniques and trials (10th ed) / Thomas A Mauet

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was launched 5 April, see details here

State reports (Western Australia), Volume 96(2), April 2019 - in this issue : Gabrovec v NSM Holdings Pty Ltd / Garber v Legal Practice Board (WA) / JAS v Trustees, Christian Brothers / Lovelady v Griffiths / Smith v WA Plantation Resources Pty Ltd / Transport, Chief Executive Officer, Department of v RSR

Brazil : judge rules identical twins must both pay support for nine-year-old girl by Dom Phillips of the Guardian

Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig & Chapman [2019] NSWDC 98 - defamation

DNM v NSW Ombudsman [2019] NSWCATAP 77 - meaning of "excluded information" in the Government Information (Public Access) Act 2009 (NSW)

Health Care Complaints Commission v Kirby [2019] NSWCATOD 47 - whether NCAT has power to permanently stay proceedings

After the (coal) dust settles – Rocky Hill case and social impacts by Nick Thomas, Brendan Bateman and Janelle Reid of Clayton Utz - considers Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

Finally released : draft guidance on the Modern Slavery Act (2018) by Scott Alden and Victoria Gordon of Holding Redlich - see the draft guidance here

iDecide : digital pathways to decision by Justice Melissa Perry at the Law Council of Australia 2019 CPD Immigration Law Conference, Canberra

The last Prasad direction : Director of Public Prosecutions Reference No 1 of 2017 by Jeremy Gans from Opinions on High, High Court Blog - considers Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9

Law Report (ABC) for 2 April presented by Damien Carrick - Child abuse survivor Tara Schultz

The potential and perils of financial technology : can the law adapt to cope? presented by Lord Hodge, Justice of the Supreme Court at The First Edinburgh FinTech Law Lecture, University of Edinburgh

TechLaw Podcast : The opportunities and challenges of digital transformation across the private and public sectors - part 1 presented by Chloe Forster - examines disruptive technologies

Law quarterly review, Vol 135, April 2019 - in this issue : Notes - Equivalent to contract? Confronting the nature of the duty arising under Hedley Byrne v Heller Julius A W Grower and Orestis F Sherman, Creditors and reflective loss - a bar too far? Andrew Tettenborn, A collision in bankruptcy : shifting titles, trusts and equitable compensation P G Turner, The gist of private nuisance Sandy Steel, A prudent decision Frederick Wilmot-Smith, The end of the search for a universal touchstone for duty of care? David Tan, Non-assignment clauses - the statutory solution William Day, Y v A Healthcare Trust and the Mental Capacity Act 2005 : taking gamete retrieval to the bank Lisa Cherkassky, Dishonest assistance, causation and account of profits A B Douglas, Taken for a ride : workers in the gig economy Alan Bogg / The exercise of contractual discretion Professor Michael Bridge QC / How useful is Lord Diplock's distinction between primary and secondary obligations in contract? David Foxton QC / Tort and public law : overlapping categories? Professor Donal Nolan / Foreign submission Professor Andrew Dickinson / The European Court, the rule of law and the reach of judicial power in the European Union Professor Emeritus Trevor C Hartley

LSJ (Law Society journal), Issue 54, April 2019 - in this issue : Domestic violence victims cry out for additional court resources Kate Allman / Six minutes with David Jin, Associate, Appleby / Talent retention a major challenge for law firms : flexible work can help / The murky debate around child sex offenders Alana Schetzer / Lest we forget our solicitors at war Melissa Coade / The burnout profession Kate Allman / Upskilling to outrun the pack Emma Heuston / Trial by media : out true crime obsession Kirrily Schwarz / My first job, Howard Bell / Why work-rest ratios matter in the office Thea O'Connor / A day in the life of... Nyadol Nyuon, litigation lawyer at Arnold Bloch Liebler Kate Allman / Law with a comedy chaser Kate Allman / Digital therapy Angela Tufvesson / What does a PT eat in a day? Jordan McReary / The case that changed me, Greg James QC Melissa Coade / The latest developments in Law Society advocacy and law reform Law Society Policy and Practice Department / Why not litigate? ASIC enforcement after the Banking Royal Commission Michael Legg and Stephen Speirs / Reviewing defamation law for the digital age Patrick George / Unlawful and indefensible : Murray-Darling Basin Authority receives damning report card Richard Beasley SC / Climate change takes centre stage in Land and Environment Court Robert White, Jemilah Hallinan and Belinda Rayment / Walking the line : when does a shiny new enterprise lose its lustre? Jack de Flamingh and Hannah Peters / Derivative actions for deceased estates Darryl Browne / Principals take note : a clear compliance management system is your responsibility Frances Moffitt / Traps for bilingual solicitors : working with culturally and ligusitically diverse clients Jen McMillan / The latest from the High Court Andrew Yuile / The latest from the Federal Court Dan Star QC / Family law Robert Glade-Wright / Wills and estates Darryl Browne / Criminal law Thomas Spohr

Proctor, Vol 39(3), April 2019 - in this issue : A voice for good law : and a ready-made path to sensible law reform Bill Potts / Have your say : maybe a letter is better Rolf Moses / Redraft of Independent Solicitor's Certificate Randal Dennings / The 16 must-fix priorities for the next government : federal call to parties 2019 Pip Harvey Ross / Family law at the crossroads : new Bills and ALRC review on collision course Matthew Dunn and Deborah Kim / How to fix a family (law system) / Mind your manners Shane Budden / Mental illness and stigma in legal practice Bridget Burton / The changing face of practice : the technologies shaping a brave new legal world Matthew Shearing / Ten things you should know about affidavits Kylie Downes QC / make the most of mentoring Olivia Pine / QLS uncovers solitary confinement data Vanessa Krulin and Melanie van den Berg / Representation roadblock Stafford Shepherd / Social robotics : should sex robots be criminalised? Josephine Bird / Passing and filing estate accounts Christine Smyth / At last, a workplace investigations manual Sarah Ford / Improving access to the law - CaseLaw upgrades David Bratchford / Court rejects receiver for 'dysfunctional' business Robert Glade-Wright / Court of Appeal judgments Bruce Godfrey / What's your practice worth? Graeme McFadyen

Advocacy (19th ed) / Robert McPeake (ed)

Giving voice to values in the legal profession : effective advocacy with integrity / Carolyn Plump

Megarry and Wade : the law of real property / Ninth edition by Charles Harpum, Stuart Bridge and Martin Dixon

Persuasive written and oral advocacy : in trial and appellate courts (4th ed) / Michael R. Fontham and Michael Vitiello

The 29-year 'rut of injustice' : High Court rejects bid for retrial of alleged Bowraville killer by Michaela Whitbourn of The Sydney Morning Herald

Former judge says delays in Witness K case an 'abandonment' of open and fair justice by Christopher Knaus of The Guardian

Police failed to get legal advice on Lawyer X arrangement until years after it ended by Sarah Farnsworth of ABC News

Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2018 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Forestry Amendment (Public Enforcement Rights) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Gaming Machines Amendment (Transparency) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Limitation Amendment (Child Abuse) Bill 2015 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 - lapsed Legislative Council 25/02/2019, dissolution of parliament 01/03/2019

Attorney-General for New South Wales v XX [2019] HCATrans 52 - whether the Court of Criminal Appeal correctly construed section 102(2) of the Crimes (Appeal and Review) Act 2001 (NSW), evidence re disappearance and death of Colleen Walker and the murder of Evelyn Greenup (Bowraville)

CQX18 v Minister for Home Affairs [2019] FCA 386 - judge criticised Federal Circuit Court judge for "professional discourtesy" in treatment of an Iranian refugee's case

Fair Work Ombudsman v Transpetrol TM AS [2019] FCA 400 - "where foreign employer of crew of vessel engaged in coastal trading admitted contraventions of ss 45 and 293 of Fair Work Act 2009 (Cth) by underpaying crew members under an award or the National Minimum Wage Order 2014"

100 years of women in the law : from Bertha Cave to Brenda Hale presented by Lady Hale, President of the Supreme Court at King's College London

High Court decides Prime Trust directors breached their duties by Cameron Jorss of HWL Ebsworth - considers Australian Securities and Investments Commissions v Lewski [2018] HCA 63

Law Report (ABC) for 27 March presented by Damien Carrick - Mandatory drug rehab for children

Proposed changes to information regulations for online platforms and increased funding for privacy regulator by Georgia Milne and Joshua Clarke of Holding Redlich - examines proposed changes to the Privacy Act 1988 (Cth)

Segmenting the decision-making process and not weighing all of the evidence before reaching a conclusion is not the right approach by Andrew Gorman of McCabe Curwood - considers Bezer v Bassan [2019] NSWCA 50

New South Wales law reports, Volume 97(3), March 2019 - in this issue : AD v Commissioner of the Australian Federal Police / Carr v Homersham / Council of the Law Society of New South Wales v Bouzanis / Fairfax Digital Australia and New Zealand Pty Ltd v Kazal / Medich v R / Newell; Muriniti v De Costi / QBE Underwriting Ltd as Managing Agent for Lloyds Syndicate 386 v Southern Colliery Maintenance Pty Ltd / South Western Sydney Local Health District v Gould

Brief, Volume 46(2), March 2019 - in this issue : Update on the Legal Profession Uniform Law Scheme Joshua Thomson SC / The rule of law and the independence of the judiciary : values lost or conveniently forgotten? Hon Stephen Thackray / Farewell to the Honourable Chief Judge Stephen Thackray / Trials and tribulations : verity Long-Droppert Melanie Callow / Elder abuse and the family : working towards a national plan on elder abuse and beyond Justin Stevenson / Issues from the 2018 Review of the contentious business determinations Clare Thompson / Vale the Honourable Geoffrey Miller QC / Farewell to the Honourable Justice Michael Baker Greg McIntyre SC / The tale of the famous button seller John McKechnie QC

University of New South Wales law journal, Volume 42(1), 2019 - in this issue : Analogical reasoning by reference to statute : what is the judicial function? The Hon Michelle Gordon AC / Of protest, the commons, and customary public rights : an ancient tale of the lawful forest Cristy Clark and John Page / What is a court of law? Denise Meyerson / The narrative model of constitutional implications : a defence of Roach v Electoral Commissioner Jonathan Crowe / Disembodied data and corporeal violation : our gendered privacy law priorities and preoccupations Jessica Lake / Redefining the circumstances in which family hardship should mitigate sentence severity Mirko Bagaric / The conflicting purposes of Australian anti-discrimination law Alice Taylor / Migration pathways for frontline care workers in Australia and New Zealand : front doors, side doors, back doors and trapdoors Joanna Howe, Sarah Charlesworth and Deborah Brennan / It takes a village : civil society regulation of employment standards for temporary migrant workers in Australian horticulture Stephen Clibborn / The importance of lawyers in international tax policy design and development : an exploration and extension of the legal-economic literature Ann Kayis-Kumar / Independence in practice : superannuation fund governance through the eyes of fund directors M Scott Donald and Suzanne Le Mire / Legitimacy in Australia's financial system external dispute resolution framework : new and improved or simply new? Camilla Pondel

Australian commercial law (32nd ed) / Clive Turner and John Trone

Carter’s Criminal Law of Queensland (22nd ed) / M J Shanahan, S M Ryan, A J Rafter, J J Costanzo and A Hoare

Miller's Australian competition and consumer law annotated 2019 (41st ed) / Russell V Miller

You can now borrow loose-leaf titles from within the Lexis Red app instead of going into the Lexis Red Digital Lending Library. Just make sure that you have updated the app so that you have the most up-to-date version.

The to get to the borrowing page in Lexis Red library from within the app :

iPad : in your settings – the cog wheel

Android tablet : in your settings – the three little dots

Windows machine : the stack of books icon on the left hand side of the viewing pane (the bottom icon)

Mac machine : if you hover over the top of your screen, a drop down bar will appear, select Lexis Red and then the digital library tool there

If you haven't got Lexis Red but would like it please email lexisred@nswbar.asn.au and let us know your email and NSWBA membership number.

Trauma of news journalism in focus after The Age found responsible for reporter's PTSD by Farz Edraki and Damien Carrick for The Law Report (ABC)

US Supreme Court declines to hear 'racist juror' case from SBS News

Vexatious litigants and the High Court by Katy Barnett of High Court Blog

The Parliamentary Joint Committee on Corporations and Financial Services have released their report on The operation and effectiveness of the Franchising Code of Conduct, see details here and the report here.

Allegations of false and misleading statements do not automatically necessitate an exemption from CARS by Katherine Teague of McCabe Curwood - considers Insurance Australia Limited t/as NRMA v Howard [2019] NSWSC 224

Co-ownership disputes - navigating sec 66G applications by Sydney Jacobs of 13 Wentworth Selborne - examines co-ownership disputes

Industrial manslaughter offence and other changes coming to Model Work Health and Safety Laws by John Tuck, Marie Costa, Professor Anthony Forsyth and Jade Saunders of Corrs Chambers Westgarth - examines changes to the Model Work Health and Safety Laws

Law in Action (BBC) for 19 March presented by Joshua Rozenberg - Online abuse and the law

Law Report (ABC) for 19 March presented by Damien Carrick - Free speech and the public service and Tackling family violence in Argentina with Women's Police Stations

"On just terms" : High Court ruling brings (some) certainty to Native Title compensation by Mark Geritz, Tosin Aro, Damien Gardiner, Margaret Michaels and Brad Wylynko of Clayton Utz - considers Northern Territory of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Commonwealth of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor v Northern Territory of Australia & Anor [2019] HCA 7

When harmful content is posted online, who is ultimately responsible? by Michael Bradley of Marque Lawyers - examines how the internet and the law intersect

Braye v Tarnawskyj [2019] NSWSC 277 - land law, possessory title

Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9 - criminal practice, Prasad direction

Environment Protection Authority v Whitehaven Coal Mining Limited [2019] NSWLEC 27 - environmental offences, "use of and weight to be given to the good character of an environmental offender"

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 355 - copyright, "whether copyright continues to subsist in an artistic work described as the "Membership Card image" authored by a United States citizen in the United States of America in 1954"

Hutchings v Hope [2019] NSWCATAP 59 - home building, sham contract

OKS v State of Western Australia [2019] HCA 10 - criminal practice, no substantial miscarriage of justice

Paix v Novacoal Australia Pty Ltd & Another [2019] NSWDC 51 - coal miners workers compensation

Sik v The Owners – Strata Plan No 58961 [2019] NSWCATAP 63 - land law, validity of by-law restricting the use of a lot

Another claim bites the dust : NSW Court of Appeal curtails claims for loss of future profit in land acquisition by Brendan Bateman, Nick Thomas, John Clayton, Rachelle Wilson and Alison Packham of Clayton Utz - considers Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41 and when claims for the loss of future profit can be made under section 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)

Corrs High Vis : episode 33 – Can a builder in liquidation take advantage of the security of payment regime? presented by Wayne Jocic and Samuel Woff of Corrs Chambers Westgarth - examines whether a builder that is in liquidation take advantage of the security of payment regime

Easements : knowing when to fight and when to surrender by Sydney Jacobs of 13 Wentworth Selborne Chambers - examines the nature of easements

Law in Action (BBC) for 12 March presented by Joshua Rozenberg - Jailhouse law

Law Report (ABC) for 12 March presented by Damien Carrick - Family violence and strangulation

Section 5O CLA and competent professional practice following Gould by Richard Cheney SC of Greenway Chambers - considers section 5O of the Civil Liability Act 2002 (NSW) after the decision in South Western Sydney Local Health District v Gould [2018] NSWCA 69

Timber Creek native title compensation determination – High Court gives final judgment by Scott Singleton and Sally Audeyev of King and Wood Mallesons - considers Northern Territory v Griffiths [2019] HCA 7

Northern Territory of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Commonwealth of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor v Northern Territory of Australia & Anor [2019] HCA 7 - native title rights, spiritual attachment

Arcidiacono v The Owners – Strata Plan 61233 [2019] NSWCA 46 - whether easements created by conveyances in 1839 bind present-day registered proprietors

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B V (No 6) [2019] FCA 337 - legal professional privilege, unredacted documents

Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425 - staff underpayment

Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 - criminal law, derangement

Kallin Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 36 - overall social impact of granting a liquor licence

Return to Work SA v Backhouse [2019] SAET 34 - worker was injured whilst playing cricket at a work site, worker’s employer had through its fitness for work policy encouraged the worker to be active and it found that playing cricket assisted the worker to sleep during the transition from night shift to day, Tribunal awarded compensation, appeal dismissed

ACCC wants ban on sale of unsafe items from SBS News

ATO cracks down on legal professional privilege 'misuse' after Panama Papers tax leak by Nassim Khadem of ABC News

FIFO worker's payout for a cricket injury at Oz Minerals mine stands up on appeal by Meagan Dillon of ABC News

First teaching law firm celebrates benefits to students and clients by Neil Rose of LegalFutures

Draft terms of reference for a royal commission into violence, abuse, neglect and exploitation of people with disability have been released, see details here.

Have your say on the terms of reference via public survey. The survey is open until Thursday 28 March 2019.

Class 3 Compensation Claims - current (published 15 March 2019)

Class 2 - Tree Applications - current (published 1 December 2018)