The Library Bulletin

• US Court Grants ISPs and Search Engine Blockade of Sci-Hub Sci-Hub, often referred to as the "Pirate Bay of Science," has suffered a blow in a US federal court. The American Chemical Society has won a default judgment of $4.8 million for alleged copyright infringement against the site. In addition, the publisher was granted an unprecedented injunction which requires search engines and ISPs to block the platform.

• Criminal Law Review Issue 11, 2017 In this issue: "When we smash windows..." Black Clocs and breaches of the peace Richard Glover / Prosecuting in the Magistrate's Courts in a time of austerity Laurene Soubise / Ethnicity and the fairness of jury trials in England and Wales 2006-2014 Cheryl Thomas

• Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd [2017] FCA 1266 PRACTICE AND PROCEDURE - delay - where Originating Application filed over twelve months after decision of the Commission - where adequate explanation provided for the delay - where discretion not exercised to refuse relief on the basis of delay FLICK J - 8 NOVEMBER 2017

• Australian Competition and Consumer Commission v Unique International College (No 7) [2017] FCA 1289 PRACTICE AND PROCEDURE - declarations - whether declarations should be made prior to hearing on relief - appropriate form of declarations - level of detail required in declarations PERRAM J - 8 NOVEMBER 2017

• The library will be closed from 12pm on Friday the 22nd of December to Friday the 19th of January. The Library will also be closed on Friday the 26th of January 2018.

• The library will open from 9am to 5pm between Monday 22 January and Thursday 25th January 2018.

• Normal opening hours resume from Monday 29th January 2018.

• If you wish to borrow titles over the holiday closing period please make sure you do before midday on the 22nd of January!

• Council of the Law Society of New South Wales v Kinchington [2017] NSWCA 278 (31 October 2017) (Basten JA; Macfarlan JA; Ward JA) Legal practitioners – application to remove solicitor from roll of Australian lawyers – solicitor forged client’s signature on costs agreement –convicted of publishing false statement to obtain financial advantage – whether solicitor guilty of professional misconduct – whether solicitor not person of good fame and character – whether solicitor’s name should be removed from roll

• Cecil v Director of Public Prosecutions (Nauru)Kepae v Director of Public Prosecutions (Nauru)Jeremiah v Director of Public Prosecutions (Nauru) [2017] HCA 46 (20 October 2017) (Kiefel CJ, Gageler and Keane JJ) Criminal law – Appeal – Supreme Court of Nauru – Appeals Act 1972 (Nr) – Where Act entitles Director of Public Prosecutions to bring appeal against sentence – Where Act gives Supreme Court discretion on appeal to substitute own sentence for sentence of District Court – Where Supreme Court substituted own sentences for sentences of District Court without identifying error by District Court – Where sentences substituted by Supreme Court significantly higher than sentences passed by District Court – Where Supreme Court wrongly concluded it was not required to find error affecting District Court's exercise of sentencing discretion – Where possible to infer Supreme Court considered it would give significantly higher sentences if sentencing afresh – Whether discretion to substitute sentence enlivened – Whether possible to infer Supreme Court considered District Court's sentences manifestly inadequate.

• The library will be closed from 12pm on Friday the 22nd of December to Friday the 19th of January. The Library will also be closed on Friday the 26th of January 2018.

• The library will open from 9am to 5pm between Monday 22 January and Thursday 25th January 2018.

• Normal opening hours resume from Monday 29th January 2018.

• If you wish to borrow titles over the holiday closing period please make sure you do before midday on the 22nd of January!

• Manus Island detainees launch legal action over Australian centre's closure The detention centre closed on Tuesday, but more than 600 men have refused to leave the centre.

• Justice Mark Weinberg AO recognised by Monash with a Doctor of Laws honoris causa. Throughout his time in law, Justice Weinberg has held judiciary positions on both federal and state level. He currently serves as a Judge of the Court of Appeal, Supreme Court of Victoria, where he has been since 2008.

• Proposals to increase protections for whistleblowers A Joint Committee of the Australian Senate has now published a comprehensive and detailed report on whistleblower protection, focused heavily on the private sector, and has made recommendations for change.

• Understanding sustainability law / Rhett Martin
• Blackstone's criminal practice 2018 / David Ormerod and David Perry (eds)

• Earlier this year Lexis Nexis Australia held Human v Cloud: computing the people factor of legal services panel events that invited industry leaders to address the impact of technology on the people of the legal profession.

• Human v Cloud: 2017 Roadshow Report brings together insights from the panel discussions.

Download this free report for findings on:

• The emergence of the tech-collaborative lawyer
• How tech enables lawyers to focus on the critical and client-facing aspects of the job
• The alternative career paths that are gaining favour in the industry
• How industry definitions of success are changing

• Queensland Reports 2017 Vol 2 Part 3 Cases reported in this part:
• Gbar Pty Ltd v Brown (Restraints of trade)
• MSD Securities PTY LTD v MFP Properties PTY LTD (No 1) (Equity)
• Rogers v Roche (No 1) (Negligence)
• Miler v Loel (Real property)
• Comptroller-general on Customs v Yip (Customs and excise)

• Alternative Law Journal Vol 42 No 3, 2017 - In this issue: Defending democracy / Redefining law / Addressing corruption / Crime and memory

• Law Society Journal Issue 39, 2017 - In this issue: The jury's still out on justice: is it time to overhaul the jury system / Paying a high price: why the whistleblower inquiry report makes for a harrowing read / reflections on a lifetime in law: the wisdom of Sir Anthony Mason / Law and the internet of things / new insolvency trading defence; is it striking a better balance?

• Addenbrooke Pty Limited v Duncan (No 3) [2017] FCAFC 166 (25 October 2017) (Dowsett, Gilmour and White JJ) APPEAL AND NEW TRIAL – request declined. APPEAL AND NEW TRIAL – application refused. COSTS – costs of the appeal – (By majority) – Appellant had substantial success on the appeal no special or exceptional circumstance which would make an order for costs in favour of appellant inappropriate.

• Australian Olympic Committee, Inc v Telstra Corporation Limited [2017] FCAFC 165 (25 October 2017) (Greenwood, Nicholas and Burley JJ) CONSUMER LAW – appeal dismissed STATUTES – Olympic Insignia Protection Act 1987 (Cth), s 36 – appeal – whether conduct breached s 36 – use of protected Olympic properties in advertisements and promotional material - whether use of Olympic properties would indicate the existence of sponsorship or sponsorship-like relationship to a “reasonable” person – appeal dismissed

Supreme Court of New South Wales - Court of Appeal:

• Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 (25 October 2017) (Macfarlan JA at [1] Emmett AJA at [15] Schmidt J at [32])

MOTOR VEHICLE ACCIDENT – motor vehicle and ambulance – collision at an intersection – ambulance on route to emergency – whether trial judge erred in relation to factual findings – scope of an ambulance driver’s duty of care – whether ambulance driver took reasonable care in approaching and driving through an intersection – whether ambulance driver breached duty of care – social utility of ambulance driver responding to an emergency – contributory negligence of motor vehicle driver

• Fruity fraud. Ripened rip-off. Peeled pretender. Banana sham? When a company called Rasta Imposta sues Kmart, accusing the store of selling carbon copies of its copyrighted banana costume, the puns will follow, so we'll get them out of the way here. And while this may sound like an open-and-shut case of an object so ubiquitous as to defy copyright protection, wait until you hear what the (US) Supreme Court said about cheerleading uniforms...

• Proctor Vol 37(9) October - In this Issue - The Sam Hawk supply chain creditors, stakeholders and the PPSA / Another 13 and a half year marathon nears its finish: Chief Justice Diana Bryant AO retires

• Indigenous leaders enraged as advisory board referendum is rejected by Malcolm Turnbull There is deep anger over the Prime Minister's decision to walk away from the historic Uluru Statement from the Heart.

• Lawyers welcome redress bill but question fairness The federal government has introduced a bill to create a compensation scheme for victims of child sexual abuse, but it has raised questions over access to justice.

• The seven justices of the High Court have delivered their rulings on the fates of the Citizenship Seven. Barnaby Joyce ruled ineligible for parliament, government loses majority.

• Limitation of actions : the laws of Australia / Peter Handford
• Artificial intelligence and legal analytics : new tools for law practice in the digital age /Kevin D Ashley
• The law of administrators and receivers of companies / Gavin Lightman and Gabriel Moss

• Motor Vehicle Reports Vol 80 Part 4 - Cases reported in this part:
• Abbott v Wilson (NSTSC — Hiley J) (2017) 80.477
• George v R (VSCA — Full Court) (2017) 80.436
• IAG Ltd (t/as NRMA Insurance) v Al-Kilany (NSWSC — Beech-Jones J) (2017) 80.388
• QBE Insurance (Australia) Ltd v Meredith (NSWSC — N Adams J) (2017) 80.398
• R v Mazza (QCA — Full Court) (2017) 80.419
• R v Pillar (SASC — Peek J) (2017) 80.413
• Wheaton v Wilson (TASSC — Pearce J) (2017) 80.490

• Former Greens leader Bob Brown has won his High Court bid to overturn Tasmania's anti-protest laws. The laws were passed in 2014 to allow police to stop protests before they had even stated if they were on a business premises or an access area. The court found the laws were at odds with the implied right in the Australian constitution, to the freedom of political communication. The Tasmanian Government has been ordered to pay costs in the case.

• Library trolls copyright zealots by naming collection after Sonny Bono The Internet Archive is an online library known for pushing the boundaries of copyright law to promote public access to obscure works, including classic video games and historic images. Now the organization is taking advantage of a little-noticed provision of the 1998 Sonny Bono Copyright Term Extension Act to publish complete copies of out-of-print books published between 1923 and 1941. The Internet Archive has named this the "Sonny Bono Memorial Collection."

• A Lawyer Explains Who Really Owns Your Tattoos When you get a tattoo, you probably presume that it's yours. After all, the design's inked on your skin, and you paid an artist to put it there. However, the truth is that no matter how personal a body modification may be, tattoo ownership is pretty murky.

• Prosecutorial misconduct / Robert J Frater
• Intellectual property in Australia / Andrew Stewart, Philip Griffith, Judith Bannister and Adam Liberman
• International law / Malcolm N Shaw
• Judging statutes / Robert A Katzmann

• #LstTxt&Tstmnt: how an unsent text message could cut you out of an inheritance Most people are familiar with the notion of will: it sets out our wishes about who should inherit our property, or who will take on certain responsibilities after we die. A written but unsent text message could simply be a partial thought, or something we haven’t committed to sending. So how could an unsent text operate as a will?

• When must a client be saved from himself? It is all a question of money says the Court of Appeal. Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.

• Australian Corporations and Securities Reports Vol 121 Part 1-2 Cases reported:
• Allways Resources Holdings Pty Ltd (ACN 154 218 256) v Samgris Resources Pty Ltd (ACN 147457 181) (QSC — Bond J) (2017)
• First Pacific Advisors LLC v Boart Longyear Ltd (NSWCA — Full Court) (2017)
• Kite (in their capacity as liquidators of Mooney’s Contractors Pty Ltd (ACN 144 726 296) (in liq)) v Mooney (No 2) (FCA — Markovic J) (2017)
• Re Australasian Liquid Storage Pty Ltd (ACN 110 086 509) (in liq) (FCA — Derrington J) (2017)