The Library Bulletin

In progress

Crimes Amendment (Breaking and Entering) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Thu 3 Aug 2023

Drug Misuse and Trafficking Amendment (Appointed Persons) Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Wed 2 Aug 2023

Electoral Funding Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 3 Aug 2023

Fiscal Responsibility Amendment (Wellbeing Budget) Bill 2023 - in Legislative Council, 2R, Wed 2 Aug 2023

Forestry Amendment (Timber Harvesting Safety Zones) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 2 Aug 2023

ICAC and LECC Legislation Amendment Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Thu 3 Aug 2023

Revenue, Fines and Other Legislation Amendment Bill 2023 - in Legislative Assembly, 2R Debate, Debate adjourned 5 clear days, Tue 1 Aug 2023

Road Transport Amendment (Medicinal Cannabis) Bill 2023 - in Legislative Council, 2R, Debate adjourned 5 calendar days, Wed 2 Aug 2023

Awaiting assent

Anti-Discrimination Amendment (Religious Vilification) Bill 2023 - Awaiting Assent, Thu 3 Aug 2023

Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023 - Awaiting Assent, Wed 2 Aug 2023

State Insurance and Care Governance Amendment (ICNSW Board) Bill 2023 - Awaiting Assent, Thu 3 Aug 2023

Negatived

Government Sector Finance Amendment (Grants) Bill (No 2) 2023 - Negatived, 2R negatived on division in the LA, Thu 3 Aug 2023

Notice of motion

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2023 - in Legislative Assembly, Notice of Motion, Thu 3 Aug 2023

Gaming Machines Amendment (Cashless Gaming Cards) Bill 2023 - in Legislative Council, Notice of Motion, Tue 1 Aug 2023

Mining and Petroleum Legislation Amendment (Prohibition of New Coal Mining and Gas Drilling) Bill 2023 - in Legislative Council, Notice of Motion, Tue 1 Aug 2023

Judge blocks Arkansas law allowing librarians to be charged over 'harmful' books in The Guardian

Ned Kelly's descendants claim cultural heritage rights over the site of his last stand. The Supreme Court disagrees by Bonny Cassidy on The Conversation

The Bar Library is offering personalised research skills sessions to members and their staff.

Whether you are looking to increase your knowledge generally in an area of legal research, would like to know how a particular resource works in more depth or are just a beginner looking to see what is available, the Bar Librarians can assist.

Sessions will work best for 1-3 people at a time. To arrange a time for your session, please contact library@nswbar.asn.au.

Admiralty claims / Andrew M. Tettenborn and Francis D. Rose

Australian annotated class actions legislation (3rd ed) / Michael Legg and Ross McInnes

Carver on charterparties (2nd ed) / Howard Bennett (ed.), Julia Dias, Stephen Girvin, Stephen Hofmeyr, Alexander MacDonald, Peter MacDonald Eggers and Richard Sarll

Dilapidations : the modern law and practice (7th ed) / Nicholas Dowding, Kirk Reynolds and Alison Oakes

Gower principles of modern company law (11th ed) / Paul L. Davies, Sarah Worthington and Chris Hare

The law of personal property (3rd ed) / Michael Bridge, Louise Gullifer, Kelvin Low and Gerard McMeel

Proportionality and facts in constitutional adjudication / Anne Carter

Proclamations commencing Acts

Residential Tenancies Amendment (Rental Fairness) Act 2023 No 9 (2023-409) — published LW 28 July 2023

The answer to everything? A.I. governance and ethics with Prof Ed Santow, Simon Burns, Andrew Hii and Jen Bradley on The Competitive Edge podcast

The art and science of judicial fact-finding, Lady Rose, The Canadian Institute for Advanced Legal Studies, The Cambridge Lectures 2023

Duties of a solicitor as the prosecutor in relation to disclosure by Peter Stokes, Jessica Bland and Jemima Crockford of McCullough Robertson

Jurisdictional error and materiality : recent cases by Will Sharpe, Daniel Stewart and Neil Cuthbert of HWL Ebsworth

Law Report (ABC) for 25 July presented by Damien Carrick - 01/ Justice, but not in my language

Life after FYBR : the expectations of the Australian community in migration character cases by Jason Donnelly, Australian Journal of Administrative Law, vol 30, no 2, pp 139 - 150 (please contact the library for a copy)

Price flexibility in construction contracts : the importance of drafting in price adjustment clauses by Nick Montgomery and Bree O'Connell of Clayton Utz

Reconciling the Voice and section 116 of the Constitution by Michael Douglas on Australian Public Law

Say what you mean and mean what you say – memory and evidence of conversations by Andrew Lacey of McCabes

Test case for legal unreasonableness decision fails in climate-based Court challenge by Nick Thomas, Claire Smith and Alice Brennan of Clayton Utz

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - The leaking of legal documents. The cautionary tale of Harriet Harman

Louise Taylor becomes Australia's first female Indigenous Supreme Court judge by Elizabeth Byrne on ABC

Bushfire Survivors for Climate Action Incorporated (INC 1901160) v Narrabri Coal Operations Pty Ltd (ACN 129850139) [2023] NSWLEC 69 - judicial review, "legally unreasonable"

Lambert v Commissioner of Police [2023] NSWIRComm 1071 - alleged police misconduct

American patent law : a business and economic history / Robert P. Merges

The construction and performance of commercial contracts (3rd ed) / S. A. Christensen and W. D. Duncan

Essentials of international law : an Australian context / Math Noortmann and Pauline Collins

Institutional abuse of children : legal remedies and redress in Australia (2nd ed) / Bill Madden, Benjamin Madden and Tina Cockburn

Mediation and conciliation in Australia : principles, process, practice / Laurence Boulle

An uncommon law lawyer : autobiography of the Rt Hon Lord Woolf, CH / Harry Woolf

Workplace investigations : principles and practice (2nd ed) / Paula Hoctor and Kerryn Tredwell

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 2 : R v Dyson [2023] NSWCCA 132, Ritchie v R [2023] NSWCCA 153, AD v State of NSW [2023] NSWCA 115, McQuillan v R (No 2) [2023] NSWSC 443 and Commissioner of Police v Walker [2023] NSWSC 539

The 5 Cases Podcast presented by Paul Coady of Public Defenders Chambers, Caitlin Akthar of Forbes Chambers and Sophie Anderson of Commercial Bank Chambers -

Australia's cyber landscape – how do we compare? by Nicola Charlston and Cheng Lim of King & Wood Mallesons

Evidentiary burden rests on builder to establish combustible cladding replacement is unreasonable by Graham Read, Frank Bannon, Dale Brackin, Sergio Capelli, Alison Close, Stuart Cosgriff, Lina Fischer, Andrew Fry, James Kendal, David Lester, Clive Luck , Jonathan McTigue, Margaret Michaels, Frazer Moss, Steven Murray, Steve O'Reilly, Gavin Phillips, Joanna Pugsley , Chris Slocombe, Mark Spain, Joanne Teagle and Greg Midgley of Clayton Utz

FWC case highlights the importance of proper procedures for dismissal by Edmund Burke, Allanah Mills and Anneliese Castle of Holding Redlich

High Court confirms liquidators may not rely on the peak indebtedness rule by Justin Pennay of McCabes

Inquiry calls for major reform of Australia's insolvency regime by Jonathon Turner and Sophie Timms of Lander & Rogers

Legal Aid NSW Podcast presented by Cody Baxter - Yarning with an inmate : a perspective from inside

Speech given at the launch of the Filipino Australian Lawyers Association, Justice McEvoy

The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - When An Escort To An Interview Room Led To A False Imprisonment

Aboriginal man Daniel Love still at risk of deportation despite landmark High Court ruling, lawyer says by Nicholas McElroy on ABC

Caribbean countries poised to seek UN legal advice on slavery compensation by Lisa O'Carroll in The Guardian

Foreign spies using sensitive court proceedings to collect information, Australia's intelligence community says by Christopher Knaus in The Guardian

Inquiry to consider whether National Security Information Act should be changed or even scrapped by Elizabeth Byrne on ABC

The New South Wales Law Reform Commission has been asked to review the Anti-Discrimination Act 1977 (NSW) and they are calling for preliminary submissions on what should be considered in the review.

See details here.

The deadline for submissions is 29 September 2023.

Elwood v Director of Public Prosecutions [2023] NSWSC 772 - "It is not the place of a magistrate to say, "I intellectually fundamentally disagree with [a judge of the Court of Appeal] in the matter that was delivered yesterday". The doctrine of stare decisis requires that judicial officers in lower courts accept the decision of higher courts. Further, to say of judges of this Court that he does not think that they have "ever been met with reality on the ground in relation to these sort of matters", particularly when their decisions had been cited to him, is to bring this Court and the system of justice into disrepute."

Sarah Singh v Priceline Sutherland Pty Ltd [2023] FWC 1321 - unfair dismissal, domestic violence leave

The NSW Parliament has embarked on a mass digitisation of historical bills and tabled papers, providing a unique insight into more than 160 years of lawmaking never before digitised.

The projects has seen 11,500 PDFs and 15,000 records of historic bills introduced into NSW Parliament since 1856 made available online. This includes the relevant dates of when a bill passed through Parliament as well as bill text, various versions, and explanatory notes (where available).

Confirmation bias in criminal cases / Moa Liden

Government accountability : Australian administrative law (3rd ed) / Judith Bannister, Anna Olijnyk and Stephen McDonald

McCulloch and others v Forth Valley Health Board (Scotland) [2023] UKSC 26 - doctors duty to make the plaintiff aware of alternative treatments

Philipp v Barclays Bank UK PLC [2023] UKSC 25 - banks, duty of care, fraudulent transaction

Schrader v David Broach trading as David Broach Building Services [2023] NSWDC 97 - cost-plus contract

Total Construction Pty Ltd v Catholic Healthcare Limited [2023] NSWSC 585 - recourse to unconditional bank guarantees

Can AI solve the Tower of Babel? by Peter Waters of Gilbert + Tobin

Determining "current market rent" under the Retail Leases Act 1994 (NSW) : what standards must a valuer meet? by David Wilkie and Riley Taylor of Clayton Utz

Law Report (ABC) for 11 July presented by Damien Carrick - 'Tsunami of suffering': Robodebt royal commission findings explained

A locally controlled foreign trading company - must it call Australia home? by Nicholas Wookey, Jack Stuk and Harry Giannakidis of KHQ Lawyers

Navigating complex legislation : when courts disagree about how to interpret defined terms by Liam Prescott and Nick Wray-Jones of DLA Piper

No claim for a residential cost plus contract blowing the budget by Andrew Hales, Mark Glynn and Tom Lawler of MinterEllison

Secondary Rules podcast presented by Joshua Neoh and Ryan Goss - The Lord Peach Carries the Sword of Mercy

Supreme Court clarifies applicability of NSW Crimes Act provision to successor fund transfers by Luke Hooper and Jack Trainor of Holding Redlich

The trump card : ENT19 v Minister for Home Affairs [2023] HCA 18 by Douglas McDonald-Norman on Australian Public Law

What is a 'bona fide' claim on unconditional security? by Andrew Hales, Karen Hanigan and Sean Cooley of MinterEllison

Bills assented to

Crimes Legislation Amendment (Assaults on Retail Workers) Act 2023 No 11 — Assented to 13 July 2023

Criminal Legislation Amendment (Knife Crimes) Act 2023 No 12 — Assented to 13 July 2023

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 No 10 — Assented to 13 July 2023

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Act 2023 No 13 — Assented to 13 July 2023

EU passes nature restoration law in knife-edge vote by Ajit Niranjan in The Guardian

Threads : Twitter threatens legal action over Meta's new app by Bernd Debusmann Jr on BBC News

De Smith's judicial review (9th ed) / Harry Woolf

De Smith's principles of judicial review (2nd ed) / Catherine Donnelly, Ivan Hare, Harry Woolf and Jeffrey Jowell

Freezing injunctions in private international law / Filip Saranovic

JADE have added new Zoom training sessions.

Sessions available in July and August :

• Mastering JADE, 4.30pm, 19 August - register here
• Current Awareness with JADE, 4.30pm, 20 July - register here
• Introducing JADE, 4.30pm, 26 July - register here
• Introducing JADE for Barristers, 4.30pm, 2 August - register here
• Getting Savvy with JADE, 4.30pm, 9 August - register here
• Getting Savvy with JADE for Barristers, 4.30pm, 16 August - register here
• Save time Checking and Reviewing Documents, 4.30pm, 17 August - register here
• Mastering JADE, 4.30pm, 23 August - register here
• Mastering JADE for Barristers, 4.30pm, 30 August - register here There are also other sessions later in the year, see the full list here.

If you are unable to attend at these times, Bar members are invited to set up individual sessions with the JADE team here.

The Bar Library will be closed from 10am – 12pm on Thursday, 20 July to allow the Bar Librarians to attend a development course.

We apologise for any inconvenience.

Contractual estoppel (2nd ed) / Alexander Trukhtanov

Nationhood, executive power and the Australian Constitution / Peta Stephenson

Principles of enterprise law : the economic constitution and human rights / Ewan McGaughey

The Bar Library team has recently noticed a disturbing trend whereby our books and other materials are being returned to us damaged with highlighting, underlining and stuck full of post-it notes. The Bar Library's collection is for all members to make use of and this type of vandalism benefits no-one. Please note the relevant Bar Library rules below :

19. Borrowers shall be held responsible for loss of or damage to, any item on loan in their name.

20. Replacement costs will be charged for any item not received by the Library. Further, a $50 processing charge may be levied to replace damaged or lost items. Should these penalties not be paid, the Library will suspend the borrower’s right to borrow until payment in full has been made.

We are not automatically assuming that it is the members themselves causing this damage but as the items go out on member borrowing records it is they who are ultimately responsible for returning the books in the condition in which they were loaned. Please pass this message on to any chambers staff who may be making use of Bar Library materials borrowed in your name.

Canadian judge rules thumbs-up emoji can represent contract agreement by Leyland Cecco in The Guardian

EU sets out first-ever soil law to protect food security and slow global heating by Patrick Greenfield in the Guardian

France passes law allowing museums to restitute Nazi-looted artworks by Tessa Solomon on ARTnews

'Robo judges' could make legal rulings, says Master of the Rolls by Emily Hinkley on Legal Cheek

What is the difference between nationalism and patriotism? by Joshua Holzer on The Conversation

What is the difference between the laws of cricket and the 'spirit' of cricket? by Vaughan Cruickshank on The Conversation