The Library Bulletin

• NSW Law Reports Vol 93(3) Cases reported in this part:
• Sanderson as liquidator of Sakr Nominees Pty Ltd (in Liq) v Sakr
• Bulga Ungerground operations v Nash
• Nationwide News Pty Ltd v Qaumi
• R v Tai
• Rinehart v Wekler
• Grain growers Ltd v Chief Commissioner of State Revenue (NSW)
• Pel-Air Aviation Pty Ltd v Casey

• Commonwealth Law Reports Vol 258(4)Cases reported in this part:
• Alqudsi v The Queen
• Betts v The Queen
• Blank v Federal COmmissioner of Taxation
• Comcare v Martin
• The Commonwealth v The Director of Fair Work Building Industry Inspectorate
• D'Arcy v Myriad genetics Inc
• Firebird global master fund II Ltd v Republic of Nauru
• Prince George Alfred College Inc v ADC
• R v Bayden-Clay
• R v GW

• Residential tenancies law and practice New South Wales / Allan Anforth, Peter Christensen and Christopher Adkinshttp (7th ed)
• Contractual estoppel / Alexander Trukhtanov
• Strata title property rights : private governance of multi-owned properties / Cathy Sherry

• Barnaby Joyce nominated for Kiwi of the year award Embattled Deputy Prime Minister, Barnaby Joyce, is the second-most nominated person for 2018's New Zealander of Year award. "At the conclusion of the nominations period, the awards office will assess Mr Joyce's eligibility based on his citizenship and other criteria," he said. "The independent judging panel will then consider each nomination on how a particular individual has contributed to making New Zealand a better place to live." Mr Joyce has since renounced his New Zealand citizenship. About 371 nominations have been received so far, with a deadline of September 18. A shortlist will be chosen by a panel and announced in December.

• LCA applauds proposed Modern Slavery Act The Law Council of Australia has welcomed new recommendations for the development of a Modern Slavery Act, calling it a “vital step forward”. The legal body is backing recommendations included in an interim report of the Joint Standing Committee on Foreign Affairs, Defence and Trade, which urges the need for a Modern Slavery Act. The committee has recommended that a Modern Slavery Act should include the creation of an Independent Anti-Slavery Commissioner, a move that LCA applauds.

• Fact check: Is the same-sex marriage survey a completely novel idea that is not actually a plebiscite? The Coalition's promise to give Australians a say on whether same-sex marriage should be legal has changed from a planned compulsory plebiscite to a voluntary postal survey, sparking anger from same-sex marriage supporters. Michael Kirby, a former judge of the High Court, who is gay and a same-sex marriage supporter, described the postal survey as "unacceptable" and "irregular". A High Court challenge to the survey will be heard on September 5 and 6. Should the ballot be ruled illegitimate, it would return the nation to "deadlock", according to Professor Williams.

• Australian Bar Review Vol 44 No 2 - In this issue - Family saved by Dower - Bill Windeyer / DIY - It's costly consequence for counsel - Dr R J Desiatnik / Should Supreme Courts bind District Courts - Oliver Jones / Common practice, breach of duty and jury trials: the history of Mercer v Commissioner for Road Transport and Tramways (1936) - Mark Lunney / A new approach to service outside the jurisdiction and outside Australia under the Uniform Civil Procedure Rules - Michael Douglas and Vivienne Bath / Three people in the marriage? Testing the limits of part VIIIAA of the Family Law Act 1975 (Cth) - James McComish / The exercise of judicial power by State parliaments - Gerard Carney / Causation and fiduciary misconduct in Hong Kong and beyond - Daniel Farinha

• Modern Law Review Vol 80 no 4 - In this issue - What sort of things are public morals; a liberal cosmopolitan approach to Article XX GATT / Debt restructuring and notions of fairness / Why judicial control of price terms in consumer contracts might not always be the right answer - Insights from behavioural law and economics / The Housing and Planning Act 2016: Rewarding the aspiration of homeownership?

• ATO tax syndicate lawyer surrenders in first round of professional misconduct battle A Sydney lawyer charged in relation to an alleged $165M tax fraud syndicate will no longer contest the Law Society of NSW's right to apply for him to be struck off over a separate matter.

• Dual citizenship crisis: October High Court dates set, Tony Windsor to challenge Barnaby Joyce The fate of politicians referred to the High Court over the citizenship saga will not be known until at least mid-October. Mr Joyce's political nemesis, Tony Windsor, has been given permission to join the citizenship challenge in the High Court.

• Cost for new 'Sydney icon' Cloud Arch blows out to $11.3mThe revised design for the City of Sydney's Cloud Arch public artwork project has been released - and the cost has increased from $3.5 million to $11.3 million. Designed by Japanese artist and architect Junya Ishigami, the sculpture will span 53 metres from the Queen Victoria Building across George Street to the intersection with Park Street at Town Hall.

Austlii - the Australasian Legal Information Institute that provides free internet access to Australasian legal materials - has had a makeover! The website re-launch went live recently, with the new design aimed towards finding resources more efficiently. Don't despair if you're an avid Austlii fan, the ‘classic’ interface is being kept going for now.Go check out the new look today!

• Family Law Reports 56 FLR Pt 2-3 - Cases reported in this part:
• Bant v Clayton
• Calder v Calder
• Farnell v Chanbua
• Hart v Sellwood
• Welch v Abney

• Administrative Law Decisions 155 ALD Pt 1 - Cases reported in this part:
• AEK15 v Minister for Immigration and Border Protection
• ASP15 v Commonwealth
• Blain v Repatriation Commission
• Campbell v Superannuation Complaints Tribunal
• Chen v Migration Agents Registration Authority (No 2)
• Minister for Immigration and Border protection v Kumar
• MZAFZ v Minister for Immigration and Border Protection
• Plaintiff S244/2012 v Minister for Immigration and Border Protection
• Re Seymour and Commissioner of Taxation (2013/0287-0296; 2014/1853-1859)
• Re Seymour and Commissioner of Taxation (2013/4168-4177)
• Re Taggart and Civil Aviation Safety Authority
• Re Thomson and Comcare
• Steelforce Trading Pty Ltd (ACN 110 146 515) v Parliamentary Secretary to the Minister
• for Industry, Innovation and Science

• CRIMINAL PROCEDURE REGULATION 2017 (NSW) The object of this Regulation is to remake, with amendments, the provisions of the Criminal Procedure Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

• Malcolm Turnbull’s government has finally defied fiction In a week belonging more appropriately to Shaun Micallef comedy than parliamentary reality, it’s arguable Pauline Hanson’s burqa stunt wasn’t the most extraordinary thing that happened in Canberra. Let’s call out her action, but not play into her cynical pursuit of mega publicity. Entirely beyond imagination was the week being bookended by the Nationals leader, Barnaby Joyce, and his deputy, senator Fiona Nash, standing up in their respective houses to announce they were dual citizens (he a Kiwi, she a Brit).

• A-G issues advice on judiciary’s public presence Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of judges, in response to the parliamentary inquiry into family violence and the family law system.

• High court upholds Australia's right to send asylum seekers to Papua New GuineaThe high court has upheld Australia’s right to send asylum seekers to offshore detention in Papua New Guinea, despite the PNG supreme court ruling the Australian-run processing centre on the island was “unconstitutional and illegal”. The full bench of the high court, sitting in Brisbane, ruled Australia’s offshore arrangement with PNG was valid.

• Sydney law graduate argues English skills too poor to sit on a jury A Sydney law graduate who argued his command of the English language was too limited to be a juror was knocked back by the Supreme Court and ordered to continue deliberations in a murder trial.

• ALHR backs High Court challenge to marriage equality postal voteAustralian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to the non-compulsory, non-binding postal vote on same-sex marriage, calling the idea “fundamentally flawed”.

• Law Society Journal August 2017 In this issue: Julian McMahon on his life's work and his battle to end the death penalty / Barack Obama's former Lawyer on the power of being honest / Bolivian prisons and white power / The dark side of Henry Lawson and why it's still relevant today / Shifting the goalposts again: the skilled migration program

• Law Institute Journal August 2017 In this issue: Celebrating top tier women: 21st century leaders in law / Family law: a question of ethics / Property law: Give and take / Sentencing: the quest for consistency / Superannuation and death benefits: Ready, willing and able

• Proctor August 2017 In this issue: Retirement villages - who'd ever want to leave? / Privilege to protect counselling records / guidance statement no& / ALRC tackles elder financial abuse

• NSW Law Reports Volume 93(2) Reported in this part:
• Dowling v Ultraceuticals Pty Ltd
• Arab Bank Australia Ltd v Sayde Developments Pty Ltd
• Sydney recycling Park Pty Ltd v Cardinal Group Pty Ltd (In liq)
• State of NSW v Robinson
• Lambert Leasing Inc v QBE Insurance Ltd
• Lehn v R
• State of NSW v Wenham

• Annotated Australian work health and safety legislation / Cormack E Dunn
• Annotated guide to the insolvency legislation 2017 / Len Sealy and David Milman
• The Paris Agreement on climate change : analysis and commentary / Daniel Klein, Maria Pia Carazo, Meinhard Doelle, Jane Bulmer and Andrew Higham (eds)
• Butt's Land law (7th Ed) / Brendan Edgeworth

The Weekly Law Reports now has a volume 4. Volume 4 was introduced in 2016 as an online-only expansion of The Weekly Law Reports and extends coverage to include cases that illustrate the application of existing principles to particular factual situations or helpfully bring together and summarise established principles as well as providing deeper coverage of family law, shipping, sentencing and awards of general damages. The entire library of Weekly Law Reports can be accessed in the library and individual cases can be emailed to library members on request.

CONVEYANCING (SALE OF LAND) REGULATION 2017 (NSW) The object of this Regulation is to remake, with some amendments, the provisions of the Conveyancing (Sale of Land) Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

• ‘Dynamic developments’ to impact Australian international arbitration Commonwealth Solicitor General Justin Gleeson SC's observations on the “dynamic developments currently occurring in international arbitration overseas which have a bearing on the future of arbitration in Australia”.

• Legal Research And AI: Looking Toward The Future If AI can reduce the amount of time lawyers spend on research, then lawyers can focus on more interesting tasks. AI has the potential to dramatically change the practice of law in a number of different ways in the very near future, and legal research is one of the areas that will be affected the most.

• Australia’s quirkiest crimes Criminal lawyers at Slater and Gordon have curated a list of some of Australia’s most bizarre criminal offences. If you’re thinking of buying more than 50 kilograms of potatoes, singing an obscene ballad or challenging someone to a duel, you might want to think again.

• Law Society Journal July 2017 In this issue: A close up look at lawyers: surprising trends in the 2016 National profile of the profession / A family drama: the unusual matter keeping the family court busy / Making the move in-house: tips and advice / ICAC testimony and Criminal trials: why witnesses must be wary

• Indigenous Law Bulletin Apr-June 2017 In this issue: Commissioner June Oscar: Reflecting on 25 years since Mabo and hope for the future / The pros and cons of the cashless debit card / will the Royal Commission into the protection and detention of children be enough to prevent inhumane treatment of juveniles in detention?

• NSW Law Reports Volume 93(2) Reported in this part:
• Dowling v Ultraceuticals Pty Ltd
• Arab Bank Australia Ltd v Sayde Developments Pty Ltd
• Sydney recycling Park Pty Ltd v Cardinal Group Pty Ltd (In liq)
• State of NSW v Robinson
• Lambert Leasing Inc v QBE Insurance Ltd
• Lehn v R
• State of NSW v Wenham

• NSW council amalgamations: Mayors fight to claw back court dollars after backflip on merger Premier Gladys Berejiklian announced in February her government would scrap forced mergers for the country councils fighting back. This week she announced the same concession for select metropolitan councils. Greens MP David Shoebridge said he would be pushing for the legislation to be changed, and for councils to get money back from their protracted fights.

• Saving Sirius: why heritage protection should include social housing Last year, the then state heritage minister, Mark Speakman, refused to list the Sirius block of public housing apartments on the NSW Heritage Register. Doing so would reduce the amount that the government, as its owner, might make from selling it. Now the NSW Land and Environment Court has ruled that the decision is invalid and must be remade.

• Latest scandal in Australian politics sees a grown man blame his mother for turning him into an Italian Just to recap, earlier this week, Liberal National resources minister Matt Canavan resigned from Cabinet after claiming to have recently discovered he was a dual Italian citizen. Canavan, who has decided to stay and fight in the High Court because "his mother apparently applied for dual Italian citizenship for her 25-year-old son in 2006 without him knowing".

• Australian evidence : a principled approach to the common law and the uniform acts / Andrew Ligertwood and Gary Edmond
• The campaign against the courts : a history of the judicial activism debate / Tanya Josev
• Australian principles of tort law/ Pam Stewart and Anita Stuhmcke

• Female legal eagles on the rise Female lawyers in Australia now outnumber men for the first time, with women joining the profession at twice the rate of men in the past two years. Law Society of NSW chief executive Michael Tidball said the "equalising of opportunity" had begun and the increase reflected the continued movement of women into roles once dominated by men.

• Senator Scott Ludlam’s whistleblower revealed as WA barrister Perth barrister, Dr John Cameron is single-handedly responsible for obtaining the proof that Senator Ludlam still holds New Zealand citizenship and is ineligible for politics. Mr Cameron is understood to have obtained documents that are not publicly available from New Zealand authorities proving Senator Ludlam has dual citizenship — which bars him from holding a Senate seat under Section 44 of the Australian constitution.

• Apple flies in top executives to lobby Turnbull government on encryption laws Apple's top privacy executives have flown out to Australia twice in the past month to lobby the Turnbull government over looming changes to laws that govern access to encrypted messages.

• Australian medical liability / Bill Madden and Janine McIlwraith
• Smith and Monkcom : the law of gambling / Gerald Gouriet and Jeremy Phillips (eds)
• Remedies in construction law / Roger ter Haar
• Insolvency law corporate and personal / Andrew Keay and Peter Walton

• Everything You Should Know About The Government’s New Encryption Laws In a press conference last week Malcolm Turnbull announced the Government’s intention to introduce new encryption laws that would compel tech companies to provide Australian security agencies with access to encrypted messages. Here’s what you need to know at the moment

• Fridge size, goat slaughter, drunk steam engine driving: The laws you never knew existedWhile the winds of legal change have swept through many a state parliament, some rusted on legislation stemming from ye olden days has managed to cling on for dear life. For example: In the somewhat draconian Inclosed Lands Protection Act (NSW), it remains an offence to leave another person’s gate open. “Any person who enters into or upon the inclosed lands of any other person, and wilfully or negligently leaves open or down any gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units,” the act reads. That’s $200 in today’s money. Shut the gate!

• Commonwealth Law Reports Vol 258(3) Cases reported in this part:
• Alqudsi v The Queen
• Betts v The Queen
• Blank V Federal Commissioner of Taxation
• Comcare v Martin
• D'Arcy v Myriad Genetics Inc
• Deal v Father Pius Kodakkathanath
• Firebird Global Master Fund II Ltd v Republic of Nauru
• Plaintiff M65/2015 v Minister for Immigration and Border Protection
• Prince Alfred College Inc v ADC
• PT Bayan Resources TBK v BCBC Singapore Pte Ltd
• R v Bayden - Clay

• R v GW

• Federal Court Reports Vol 246(4) Cases reported in this part:

• Applied Medical Australia Pty Ltd v Minister for Health
• Compton v Ramsay Health Care Australia Pty Ltd
• DLW Health Services PTY LTD v Secretary; Dept of Health
• Hickie v Zdrilic
• Sino Dragon Trading Ltd v Noble Resources International Pte Ltd

• Law Quarterly Review - July 2017 - In this issue: Breach of condition and express termination right; a distinction with a difference Prof J.W Carter and Wayne Courtney / Causation in (criminal) Law Prof A.P Simester / Accessory Liability for intellectual property infringement; the case of authorisation Sir Richard Arnold and Paul S. Davies / Judicial duty not to apply EU law Mikolaj Barczentewicz

• Psychiatry, Psychology & Law - June 2017 - In this issue: Fear of cybercrime in Europe / Savi Virtanen / An evaluation of the impace of Australia's first community notificatino scheme Laura Whitting, Andrew Day & Martine Powell / Learning to be streetwise: the acquisition of accurate judgments of aggression Liam Satchell, Lucy Akehurst & Paul Morris / A case concerning children's false memories of abuse: recommendations regarding expert witness work Henry Otgaar et al / I don't like the cut of your jib: percieved facial masculinity as a cue to criminality Victoria C. Estrada-Reynolds, Joshua J. reynolds, Sean M. McCrea & Scott Freng / Is workplace bullying a conflict? Examples from Norwegian lawsuits Jan Gregersen / The effect of reading interventions among poor readers at a forensic psychiatric clinic Idor Stevensson, Linda Falth, Bengt Persson & Staffan Nilsson