The Library Bulletin

• The ‘internet of things’ is sending us back to the Middle Ages Interesting article for those interested in the intersection of new technology and property / user rights. "A person may purchase a nice-looking box full of electronics that can function as a smartphone, the corporate argument goes, but they buy a license only to use the software inside. The companies say they still own the software, and because they own it, they can control it. It’s as if a car dealer sold a car, but claimed ownership of the motor."

• Bernardi backlash raises $200k for school's Do It In a Dress fundraiser Senator Bernardi tweeted his frustration about a South Australian school's 'Do It In A Dress' fundraising day by tweeting, "This gender morphing is really getting absurd". That tweet prompted a backlash and a flood of donations and in less than 48 hours, the school has hit $200,000.

• The University of NSW Law Journal Vol 40(3) In this issue - The constitutional duty to give reasons for judicial decisions Luke Beck / When Interpretation Acts require interpretation: purposive statutory interpretation and criminal liability in QLD James Duffy and John O'Brien / Parliamentary deliberation no constitutional limits in the legislative process Gabrielle Appelby and Anna Olijnyk / Voting rights and Australian legal democracy Ryan Goss / Regulating supermarkets: the competition for space Christopher Arup, Caron Beaton-Wells and Jo Paul-Taylor / Disclosable, but not necessarily fatal? Welfare overpayments in the uncertain landscape of Fitness for Practice Mark Thomas / Misfortune or Misdeed: an empirical study of public attitudes towards personal bankruptcy Paul Ali, Lucinda O'Brien and Ian Ramsay /Beyond recognition: Lessons from Chile for allocating Indigenous water rights in Australia Elizabeth Macpherson / Holding companies responsible? The criminal liability of Australian corporations for extraterritorial human rights violations Radha Ivory and Anna John / Negotiating a treaty on business and human rights: the early stages Humberto Cantu Rivera / Empty rituals or workable models? Towards a Business and Human Rights Treaty Jolyon Ford and Claire Methven O'Brien / Changing approaches to child labour in global supply chains: Exploring the influence of multi-stakeholder partnership and the United Nations guiding principles on Business and Human Rights Martijn Boersma / Orchestration from below? Trade unions in the global south, transnational business and efforts to orchestrate continuous improvement in non state regulatory initiatives Sarah Rennie, Tim Connor, Annie Delaney and Shelley Marshall

• Uniform evidence in Australia / Neil Williams, John Anderson, Judith Marychurch and Julia Roy
• Defamation law in Australia / Patrick George
• Takeovers law and strategy / Rodd Levy
• Banking litigation / Charles Hewetson and Nicholas Elliott

The Council of Law Reporting's online database (ICLR) will be relaunched tomorrow as ICLR.3. ICLR’s archive of official law reports dating back to 1865 has also been expanded.

The collection has been improved to provide you with greater breadth and depth of case law coverage:

• The Weekly Law Reports have been expanded for the first time since their creation in 1953 to cover a wider range of new case law, making it the most comprehensive and current series of English case law report available anywhere.
• All Judgment transcripts for all cases decided in the Administrative Court and the Court of Appeal (UK) since 1998 will be available alongside our collection of reported case law.
• Case citator information - Citator overviews that can be fully expanded or collapsed out of sight when viewing case report content and can be downloaded and printed as PDFs.

You have access to ICLR.3 in the library

• Law Institute Journal (September) - In this issue - Cyber Security: How secure is your firm? / Bits and Blocks: Lawyers should take notice of blockchain technology / The weakest link: even strong passwords are not enough for cloud applications

• Psychiatry, Psychology and Law Vol 24(4) - In this issue - Assessment and evaluation of fetal alcohol spectrum disorder (FASD) and its potential relevance for sentencing: A clarion call from W.A / Factors impacting upon attitudes towards sex offenders: The role of conservatism and knowledge / The effects of limiting instructions about emotional evidence depend on need for cognition / The presence of "um" as a marker of truthfulness in the speech of TV personalities / Violence among youth referred to a forensic mental health service / the impact of state and trait anger on processing of evidential inconsistencies

• LCA backs recommendation for Whistleblower Protection Authority The Law Council of Australia has endorsed the recommendations of two new reports made by the Parliamentary Joint Committee on Corporations and Financial Services and the Senate Select Committee on a National Integrity Commission.

• Australian politics citizenship saga returns to High Court The citizenship saga which could bring down Malcolm Turnbull’s one seat majority government will return to the High Court in Canberra today.

• Lionel Murphy files: Former High Court Judge’s link to underworld figure Abe Saffron confirmed The scandalous ties linking Australia’s High Court and government to Sydney’s criminal underworld have been exposed in sensational documents on controversial Labor politician-turned judge Lionel Murphy finally released yesterday after over 30 years of secrecy.

• Sydney man going to court with Mosman Council over ‘ridiculous’ parking fine The man, who wants to remain anonymous, had parked at Balmoral beach early on a damp and foggy morning. Due to the weather there was condensation on the inside of the glass of the parking ticket machine, which meant the display could not be read to purchase a ticket.

• 25 years of class actions in Australia: 1992-2017 / Damian Grave and Helen Mould (eds)
• Bluett's local government handbook New South Wales / David Clark
• Contemporary issues in pharmaceutical patent law : setting the framework and exploring policy options /? Bryan Mercurio and Daria Kim (eds)

• Government Gazette No 100 of 12 September 2017

• For other government instruments see the Industrial Gazette.

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• Fleet Street Reports [2017] Part 9 - Cases reported in this part:
• Glaxo Wellcome UK LTD (T/A Allen & Hanburys) v Sandoz LTD (no 2) (Trade Marks - Summary Judgment)

• Societe Des Produits Nestle SA v Cadbury UK LTD (Trade Marks - Application for registration)

• Reports of Patent, Design and Trade Mark Cases [2017] Vol 143(5) Cases reported in this part:

• Hospira UK Ltd v Cubist Pharmaceuticals LLC (Patents)
• Queensland Reports [2017] Vol 2(1) - Cases reported in this part:
• Ashla Model Agency PTY LTD (in Liq) v Featherstone (Corporations - winding up)
• Re Tracey (Criminal)
• Surfstone PTY LTD v Morgan COnsulting Engineers PTY LTD (no 2) (Contracts)
• Paul v Westpac Banking Corporation (Procedure)
• Sunwater LTD v Drake Coal PTY LTD (Restitution - Recovery)

The Canadian Bar Review has been added to HeinOnline.

You can access HeinOnline remotely via the External Database link on our website Home page or the Electronic Resources list of databases. You can also search for individual titles via the catalogue. HeinOnline is a good source for traditional legal materials - reported cases, statutes, academic law reviews, commercially produced law journals and magazines, and more.

The Canadian Bar Review is compiled by the Canadian Bar Association, a voluntary bar association formed in 1896. The Canadian Bar Association advocates for the preservation of the independence of the court system and its lawyers.

The Canadian Bar Review has been added to HeinOnline.

You can access HeinOnline remotely via the External Database link on our website Home page or the Electronic Resources list of databases. You can also search for individual titles via the catalogue. HeinOnline is a good source for traditional legal materials - reported cases, statutes, academic law reviews, commercially produced law journals and magazines, and more.

The Canadian Bar Review is compiled by the Canadian Bar Association, a voluntary bar association formed in 1896. The Canadian Bar Association advocates for the preservation of the independence of the court system and its lawyers.

• Proctor Vol 37(8) In this issue - Succession law litigation / Amendments to the Legal Profession Act / Elder abuse awareness campaign shines light into the shadows

• University of QLD Law Journal - In this issue - Contesting public service fiduciary accountability Robert Flannigan / Contested Domains: Regulatory challenges in banking and finance Wardrop et al / Crowd-soured equity funding: the regulatory challenges of innovative fintech and funding Anne Matthew / Class warfare in debt restructuring: does Australia need cross-class cram down for creditors schemes of arrangement? Jason Harris / Dealing with excess: Regulatory perspectives on surcharging for payment Ann Wardrop

• Criminal Law News Vol 24(8) In this issue - Admissibility of evidence of flight on charge of murder where flight occurs before death Grogan v R [2016 NSWCCA 168 / Section 18 of the Crimes Act 1900 is not engaged if a person kills himself or herself IL v R [2017] HCA 27 / No error to impose non-parole period which is 75% of the total sentence for a Commonwealth sentence Aboud v R [2017] NSWCCA 140 / Extent to which matters on a Form 1 can affect the sentence imposed GD v R [2017] NSWCCA 139 / Date of commencement of sentences 20 for Commonwealth offences Shi v R [2017] NSWCCA 126 / There is no two stage approach to the application of the totality principle ZA v R [2017 NSwCCA 132 / Incorrect statement as to the maximum penalty for an offence Zaky v R (Cth) [2017] NSWCCA 141 / Drug supply - whether no substantial injury, emotional harm, loss of damage cause when drugs supplied to police Taysavang v R; Lee v R [2017] NSWCCA 146

• Everett and McCracken's banking and financial institutions law / Sheelagh McCracken, John Stumbles, Greg Tolhurst and Olivia Dixon
• Mabo : a symbol of struggle ; the High Court judgment examined / Sean Flood
• The campaign against the courts : a history of the judicial activism debate / Tanya Josev

• Government Gazette No 99 of 8 September 2017 — published 8 September 2017

• For other government instruments see the Industrial Gazette.

• Experts welcome comprehensive review of Family Law Act When Attorney-General George Brandis announced plans for a comprehensive review of Family Law Act during the federal budget in May, he revealed that the Commonwealth would also commit an additional $80 million to family law and family violence services.

• ACT solicitor struck off following 14 fraud offences Canberra-based lawyer Stephen Raymond Stubbs has been prohibited from practising law after the ACT Supreme Court found him guilty for more than 14 counts of dishonestly obtaining property by deception. He was sentenced to three years and one month imprisonment for his offences and ordered to repay his deceits.

• Volkswagen Australia deny using emissions defeat devices: Class action drags on as experts hint at 2018 decision Legal representatives for the manufacturer defended class action lawsuits in the Federal Court of Australia on Thursday, where the brand looked to protect trade secrets surrounding popular models such as the Volkswagen Golf. Noel Huntley, a barrister acting on Volkswagen's behalf, told a directions hearing in Sydney that "there is no defeat device" present in the manufacturer's cars, something the brand plans to prove later this year. But his claim clashes with earlier statements from Volkswagen Australia, including an October 2015 media release that said "certain diesel vehicles sold in Australia were fitted with software that can affect their emissions during a dynamometer test". Volkswagen made international headlines last year when it admitted that some of its cars were designed to produce unrealistically favourable results during emissions tests before polluting excessively in the real world.

• The high court’s decision that the same-sex marriage survey is valid continues the great Australian tradition of making reform protracted and painful, writes David Marr. But change is coming anyway. “One way or another, this year or next, parliament will vote for a change that’s now accepted across the western world. All the court did was leave an obstacle in its path.”

Tranche 2 of the Insolvency Law Reform Act 2016 (ILRA) commences on 1 September 2017 and includes Part 3 of the Insolvency Practice Schedule (Bankruptcy), comprising:

• Division 55 – Introduction (to Part 3)
• Division 60 – Remuneration and other benefits received by the trustee
• Division 65 – Funds handling
• Division 70 – Information
• Division 75 – Meetings of creditors
• Division 80 – Committees of inspection
• Division 85 – Directions by creditors
• Division 90 - Review of the administration of a regulated debtor’s estate

Tranche 2 of the Insolvency Law Reform Act 2016 (ILRA) commences on 1 September 2017 and includes Part 3 of the Insolvency Practice Schedule (Bankruptcy), comprising:

• Division 55 – Introduction (to Part 3)
• Division 60 – Remuneration and other benefits received by the trustee
• Division 65 – Funds handling
• Division 70 – Information
• Division 75 – Meetings of creditors
• Division 80 – Committees of inspection
• Division 85 – Directions by creditors
• Division 90 - Review of the administration of a regulated debtor’s estate

• Lawyers criticise Dutton’s ‘total disregard’ for Aussie values Legal bodies have pointed out the irony in the minister’s attack on the “un-Australian” lawyers acting for asylum seekers and refugees.

• Roberta Williams’ lawyer makes cheeky dig at former gangland identity as tax office battle continuesFormer gangland identity Roberta Williams’ plans to save her family home from the taxman via a legal challenge reminiscent of classic Aussie film The Castle have been laughed out of the Supreme Court.

• Sydney Activist Wins Appeal Over Offensive Tony Abbott SignIn the New South Wales (NSW) District Court, iconic Sydney activist Danny Lim had an appeal granted by judge Andrew Scotting in what could be the most 'Aussie' court ruling in recent times, after being charged in August 2015 for standing on a busy Edgecliff road while wearing a sandwich board that read, "Peace Smile, People can Change, Tony You Can't." The 'a' in "can't" was written upside down and shaped as, 'u', to hint at a much more provocative word.

• Pro-bono work a high calling for Australian barristers It would be troubling if it were to become the norm in Australia for the legal profession to have to remind our elected members of parliament that legal representation should be available not just to the powerful or the popular.

• Pauline Wright responds to ‘overstep’ complaint The president of the NSW Law Society has responded to unhappy members, who have expressed their frustrations about her role in a joint statement addressing marriage equality laws, with one going so far as to say that the council’s involvement demonstrates a “willingness to overstep the mark for the sake of perceived and populist political correctness”.

• Clive Palmer launches bid to disqualify judge Clive Palmer has failed in an extraordinary bid to have a Supreme Court judge disqualified from hearing a $US16m legal fight, alleging judges across Australia have been secretly communicating about him.

• International law in Australia / Donald R Rothwell and Emily Crawford
• Annotated guide to the insolvency legislation 2017 / Len Sealy and David Milman
• Shackleton on the law and practice of meetings / Madeleine Cordes and John Pugh-Smith (eds)

• Federal Law Review Vol 45(2) In this issue - The Normative structure of Australian administrative law / Proportionality and the separation of powers in constitutional review: examining the role of judicial deference / Statutory misinterpretation: Rash holding in Brash Holdings / 'On Just Terms' revisited / Accountability in regulatory reform: Australia's superannuation industry paradox / The development of the High Court's willingness to overrule common law precedent / Review of Australia's petroleum resource rent tax: implications from a case study on the Gorgon Gas Project

• Law Society Journal Issue 37 In this issue - A process for healing and hope: how two lawyers have revolutionised justice for more than 850 traumatised clients / Having a belly laugh: Australian judges on why humour is essential on the bench / Moving towards reconciliation: Life beyond the Uluru Statement / The tribulations of tabloid media: why crime reporting is failing / Would you sponsor a refugee? A fresh approach to a big issue

• Australian Corporate Lawyer Vol 27(3) In this issue - How a high performing legal team can deliver value / How general counsel can help their organisation be successful in the data journey / Using technology to restructure the in-house legal function