The Library Bulletin

The President of the Senate, Senator the Hon Stephen Parry, & the Speaker of the House of Representatives, the Hon Tony Smith MP, announced in June that the Class A records of the Parliamentary Commission of Inquiry into the conduct of the Honourable Lionel Keith Murphy will be publicly available. It was intended that the records would be tabled out of session and then published in electronic form on Monday, 24 July 2017, allowing time for, where possible and appropriate, advising persons named in the records, and the closest living relatives or legal representatives of deceased persons, of their forthcoming publication, and for the scanning of documents and redaction of personal information such as signatures and addresses.

The Department of Justice NSW is seeking to optimise the use of civil court and tribunal data for evidence-based decision-making, specifically data from the civil divisions of the Local, District and Supreme Court, the Land and Environment Court and the NSW Civil and Administrative Tribunal (NCAT). To facilitate this process, the Law and Justice Foundation of NSW (the Foundation) has been engaged by the Department to investigate the quality and utility of each court and tribunal’s data in informing policy and practice. This report focuses on District Court data.

This report is published by the Law and Justice Foundation of New South Wales, an independent, not-for-profit organisation that seeks to advance the fairness and equity of the justice system, and to improve access to justice, especially for socially and economically disadvantaged people.

• Monkey see, Monkey Sue PETA and Naruto, a free-living crested macaque have sued photographer David Slater and the San Francisco- based self-publishing company Blurb, which published a book called Wildlife Personalities that includes the monkey selfies, for copyright infringement.

• 'Like Abbott and Turnbull writ small': Law Society locked in Supreme Court fight The NSW Law Society – the representative body for the state's 30,000 solicitors – is in turmoil as its junior vice-president takes it to court to head off a bid to oust her from the position.

• Solicitor who pleaded guilty to fraud confesses to pocketing criminal proceeds A high-profile Brisbane solicitor - Tim Meehan, who acted for Daniel Morcombe’s killer, Brett Cowan - is set to be jailed for fraud and has confessed to pocketing criminal proceeds as part of an alleged scheme that prosecutors said netted his law firm “almost certainly well in excess of $600,000” in secret cash payments from clients.

• Man sues over missing 90s Lotto ticket David Owen Renshaw told the Sydney Supreme Court on Wednesday a shop attendant threw away the $3.3 million winning ticket, and it has been haunting him for 20 years. Mr Renshaw says he saw the words 'provisional winner' appear when he handed in his ticket at Granville Railway Station newsagency in the week following the September 23, 1997 draw. 'I know what I saw, it has been playing on my mind for 20 years,' he said.

• NSW Bar pushes for indigenous court to cut incarceration The NSW Bar Association has called for an innovative indigenous-specific court model to be put in place “as soon as possible” in the wake of figures showing the state’s Aboriginal and Torres Strait Islander jail population could be slashed under proposed non-custodial reforms.

• Federal Court orders go digital From now on lawyers acting in matters before the Commonwealth courts will only receive sealed orders electronically. The Family Court of Australia (FCA) and Federal Circuit Court (FCC) have announced that sealed court orders are available for download, in another step towards fully integrated court e-services.

• NSW Law Reports Vol 93(3) Cases reported in this part:
• Menzies v Paccar Financial Pty Ltd (contempt)
• Hanson Construction Minerals Pty Ltd v Roberts (Land Law)
• AQO v Minister for Finance and Services (Statutes)
• Re Estate Wilson, Deceased (Succession)
• Cheng v Farjudi (Torts)
• State Insurance Regulatory Authority v Abdul-Rahman (Workers Compensation

Motor Vehicle Reports Vol 74(9) Cases reported in this part:

• AAI Ltd v Marinkovic (QCA — Full Court)
• Attard v Moore (TASSC — Pearce J)
• Bekhit v Department of Transport (WASC — Le Miere J)
• Cantwell v Nozhat (ACTSC — Robinson AJ)
• Costello v R (NSWCCA — Full Court)
• McGarvey v Mulino(ACTSCFC Full Court)
• McGuinness v Heffernan(WASC — Le Miere J)
• Pawlak v Police(SASC — Vanstone J)
• Sadiq v R(VSCA — Tate and Priest JJA)
• Sharma v R (VSCA — Santamaria JA)

• Proctor July 2017 - In this issue: The advance of ATO data matching / Another makeover for PPS leases / Advance care directives in Queensland

• Criminal Law Review Issue 7, 2017 - In this issue: The evolution of English sentencing guidance in 2016 / Parliamentary privilege and the criminal law / Sappers and underminers: fresh evidence revisited / Diminished responsibility in Golds and beyond: insights and implications

• Banking law in Australia / Alan L Tyree
• Australian evidence : a principled approach to the common law and the uniform acts / Andrew Ligertwood and Gary Edmond
• Annotated Fair Work Act and related legislation 2017 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Oshie Fagir and Justine Turnbull
• Complete guide to SMSFs : planning for loss of capacity and death / Bryce Figot

• For those with Foxtel, an exciting new series: Court Justice - Sydney The public has been offered a rare and confronting glimpse into the proceedings of Australia’s busiest local court; the Sydney Downing Centre. Court Justice - Sydney is an inside look at the machinations of Australia's busiest local court & sees Sydney's top magistrates dealing with a violent street brawl that has a surprising outcome, a long running feud between neighbours, and a father of three facing graffiti charges.

• Sydney’s Street Kitchen and Safe Space Going Strong, Despite Council Threats Sydney’s 24-7 Street Kitchen and Safe Space has been providing the city’s homeless with meals and a sheltered area to sleep in since mid-December last year. Currently, the kitchen is dealing with an influx of people to feed, as the only drop-in centre in the city has temporarily shut its doors. On average, the street kitchen has been providing around 400 to 500 meals a day to those in need in the CBD. But since Station Ltd at Wynyard has had to close its doors for at least three weeks, the setup is now preparing an extra 200 plates of food daily.

• [Peter Dutton: A Law Unto Himself] (http://www.sydneycriminallawyers.com.au/blog/peter-dutton-a-law-unto-himself/ "")Former Solicitor-General Justin Gleeson has warned that Peter Dutton’s growing control over Australian deportation laws is removing important oversight mechanisms offered by the courts and parliament – threatening the separation of powers between the state and judiciary.

Historic Australian Commonwealth parliamentary debates are now available online via Historic Hansard

Availble via Library Links

• Blawging stateside - Hannah Ryan in New York has assembled the best and the brightest of the online legal commentariat; Intellectuals, pundits, provocateurs, investigative journalists - A fascinating hive of activity in the law space. While few can compare to the wit and wisdom of Justinian, there is a glut of legal media in the US. Here are the most notable blogs (as they call them here, "blawgs"), writers and podcasters talking law, national security and rights.
  Some of the blogs include:

• Above The Law is a straight-down-the-line legal news outfit staffed by former lawyers, publishing stories and tidbits about biglaw, law schools, and goings-on in the courts.

• BuzzFeed's U.S. operation has two of the US's most law-obsessed reporters on its staff, legal editor Chris Geidner and Zoe Tillman. It's almost certainly impossible to tweet more about law than Geidner does. Their coverage is comprehensive, detailed, and consumable.

• Laurence Tribe's Twitter feed - Legendary constitutional lawyer, Harvard professor, Obama mentor, and now prolific Trump critic on Twitter: Laurence Tribe is worth a follow.

• More Perfect - Do you like richly reported, moving stories about the people behind major Supreme Court decisions? Then listen to More Perfect (a spin-off of the popular RadioLab podcast).

If you're not a subscriber, Justinian is available in the Bar Library

• Family Law Reports Vol 55 - Cases reported:
• Fontana v Fontana (FamCAFC — Full Court) (2016) 55.410
• Janssen v Janssen FamCA — McClelland J) (2016) 55.439
• Withers v Russell (FamCA — Watts J) 55.447
• X Corporation Pty Ltd v Jess (FamCAFC — Full Court) (2016) 55. 419

• Sydney Law Review Vol 39 No 2 In this issue: Two models of mediation ethics - Jonathan Crowe / Liability of educational providers to victims of abuse: a comparison and critique Anothony Gray / Compelling safety: reforming Australian treating doctors' mandatory reporting obligations Gabrielle Wolf / The Australian Border Force Act 2015 (Cth) Secrecy provisions - borderline unconstitutional Nicola Bevitt

• Law Society Journal 2017 issue 35 In this issue: A close up look at lawyers - national report shines light on new industry trends Lynn Esey and kate Allman / Family law 0 From surrogacy to DNA parentage testing and social media abuses, family law is changing Denise Cullen / Hot topic - In District Court Justice Derek Price AM tells Jane Southward it's time for an overhaul in the way solicitors and prosecutors work

• Law Institute Journal Vol 91 No 7 In this issue: Jury Tiral Traditon versus research Jenny Awad / Mutual Recognition Act - Is there room for mutual distrust? Noam Greenberger / SCV Civil Application - In a hurry Marcus Finlay / Sports - WADA and state-sponsored doping Tom Hickey, James Peterson and Garth Towan

• Critical perspectives on the uniform evidence law / Andrew Roberts and Jeremy Gans (eds)
• The principles of personal property law / Duncan Sheehan
• Cyber security : law and practice / Dean Armstrong, Dan Hyde and Sam Thomas

• Life Insurance Code of Practice sets foundation for consumers with minimal medical definitions (FED) - Financial Services Council (FSC) members will from tomorrow (1 July) be subject to the industry's first ever Life Insurance Code of Practice for consumers, which has been strengthened ahead of its launch with a foundation of new minimum standard medical definitions for cancer, heart attack and stroke for use in trauma/critical illness policies. The new definitions have been developed with the assistance of medical professionals and will be under continual review to ensure they are in keeping with advancements in medical science. Their development are an important foundation in ensuring consumers can have confidence in the Life Insurance Code of Practice.

• Looking for a published probate notice? You can now search the NSW Online Registry for probate notices which were published online on or after 21 January 2013. Before this date, notices were published in The Sydney Morning Herald and/or local newspapers.

New or updated in force legislation

• Crimes Amendment (Intimate Images) Act 2017 No 29
• Crimes (Domestic and Personal Violence) Act 2007 No 80

• Alarm for terrorism bill ‘rushed through’ NSW Parliament When lawyers learnt that a bill concerning police powers had been rushed through the NSW Parliament, two of the state’s leading legal representative bodies moved to flag concerns. Commenting on the hurried passage of the Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017 through Parliament, the presidents of the NSW Bar Association and NSW Law Society said that however meritorious the objective of any law reform may be, proper consultation was needed.

• Australia's first flag forgotten, found and restored all in 100 years. In a dusty vault deep in the heart of the Newcastle Cathedral, an unsuspecting cardboard box sat forgotten for years. But that box contained one of our most significant artefacts from World War I — Australia's first national flag. Known as the Birdwood Flag, it was flown at the headquarters of General William Birdwood at the Western Front.

• Neurosurgeon suspended for drug use, after fatal overdose of doctor friend The case before the NSW Civil and Administrative Tribunal, which examined the ethics and risks of doctors taking drugs outside work hours, has been brought to the attention of the NSW Health Minister. "The tribunal has heard alarming evidence suggesting the widespread consumption of drugs both by qualified medical practitioners and by nursing staff, albeit such incidents occurred in social settings," said the tribunal's judgment, published on Wednesday. The tribunal heard that a specialist neurosurgeon, given the pseudonym DAC, developed an "unconditional infatuation" with the junior neurosurgeon, known as Dr A, and they used GHB, also known as "liquid ecstasy", outside work and on weekends.

• Sydney college found guilty of scamming students into accepting costly loans The Australian Competition and Consumer Commission (ACCC) took action against the Unique International College in Granville. It alleged the training college misled up to 3,600 people when it enrolled them in courses, giving them free laptops and telling them the class was free when in fact they were incurring VET FEE-HELP loans of up to $25,000.

• Broadway show makes audience faint and vomit George Orwell's prophetic, nightmarish vision, written in 1949 of the world we were becoming is timelier than ever. As literary political fiction and dystopian science-fiction, 1984 is a classic, one that has been turned into a powerful stage production which has caused a storm around the world — and this week Sydney gets to see what all the fuss is about.

Australian Bar Review Vol 44 No 1 - In this issue: Insolvent trusts: implications of Buckle and CPT Custodian - RW White / Some aspects of civil liability arising from breach of duty by a superannuation trustee - JC Campbell / The role of comity in applications for anti-suit injunctions - Michael Buckingham / Interpretation in the french high court - Chloe Burnett

• Proctor Vol 37 No 5 - In this issue: The Pendulum swings in favour of DV victims / Turbines tussle may test free trade agreement / Ethereum: more than 'the new bitcoin'

• Counsel June 2017 - In this issue: Speaking truth to power - Andrew Langdon QC / Parties set out theis justice stalls - Catherine Baksi / Reality behind the Rehtoric (westminster Watch) - Mark Hatcher / Free speech and e-media Richard Speearman QC

• Alternative Law Journal Vol 42 No 1 - In this issue: Equality, Proportionality and dignity: the guiding principles for a just legal system - Justice Virginia Bell AC / The judicial evolution (or counter-revolution) of fundamental rights protection in Australia - Dan Meagher / Animal Welfare and the economy of kindness - Jonathan Crowe / Complicity, crime and conjoined twine - Colleen Davis / Tortured genius: the legality of injurious performance art - Theodore Bennett / Community housing emerges from the shadowlands: property rights and the implications of a national regulatory framework under the Community Housing National Law - Michael R Nancarrow / Business and Human Rights: the challenge of putting principles into practice and regulating global supply chains - Justine Nolan

• Gazette No 70 of 29 June 2017 (pages 3066-3068)
• Gazette No 69 of 28 June 2017 (pages 3053-3065)

• Queensland reports [2017] Vol 1 Part 4 - Cases reported:
• R v Ducksworth (CA)
• Hayes v State of Queensland (CA)

• New Zealand Law Reports [2017] Vol 2 Part 6 - Cases reported:
• Andrews Property Services Ltd v Body Corporate 160361
• Godfrey Hirst NZ Ltd v Commerce Commission
• Hardegger v Southland Regional Council
• Kearns v R
• Queenstown Airport Corporation Ltd v Commissioner of Inland Revenue
• Zurich Australian Insurance v Withers

• Criminal defences in Australia / Paul A Fairall and Malcolm Barrett
• The law of insolvency / Ian F Fletcher
• Employee competition : covenants, confidentiality and garden leave / Paul Goulding (ed)
• Whistleblowing : law and practice / Jeremy Lewis, John Bowers, Martin Fodder and Jack Mitchell

• Tax fraud allegation could undermine trillion-dollar investigations, senator says The arrest of Adam Cranston over an alleged $165 million tax fraud could have serious consequences for the ATO and even the investigation into the Panama Papers.

• Ministerial trio to make abject apology to court to head off contempt charge Health Minister Greg Hunt, Human Services Minister Alan Tudge and Assistant Minister to the Treasurer Michael Sukkar have decided to reverse course and make the special apology to Victoria's highest court on Friday, a week after they refused to apologise for comments critical of the judiciary.

• Extra funding a relief for courts: LSNSW The Law Society of NSW has welcomed a new court funding commitment from the state government, though it said a long-term solution is needed. The Law Society applauded the NSW government’s commitment of $8.5 million to fund two trial courts at the Downing Centre in Sydney and a State Parole Authority hearing room at the Sydney West Trial Courts in Parramatta.

Copies of the Commonwealth Government Gazette from 1901 to 2012 are now available on the Federal Register of Legislation as searchable PDFs.

This project was made possible with the kind assistance of the National Library of Australia and Australian Government Solicitor’s Library (Canberra and Brisbane) who provided us with access to their microfilm and hard copy collections of gazettes.

• Landmark cases in public law / Satvinder Juss and Maurice Sunkin (eds)
• Principles of Australian succession law / Ken Mackie
• The principles of personal property law / Duncan Sheehan
• Evidential uncertainty in causation in negligence / Gemma Turton

• Gazette No 66 of 22 June 2017 (pages 2926-2932)
• Gazette No 65 of 16 June 2017 (pages 2924-2925)
• Gazette No 64 of 16 June 2017 (pages 2844-2923)
• Gazette No 63 of 16 June 2017 (pages 2924-2925)

New or updated in force legislation

• Bail Act 2013 No 26
• Court Security Act 2005 No 1
• Crimes Act 1900 No 40
• Crimes (Administration of Sentences) Act 1999 No 93
• Crimes (Sentencing Procedure) Act 1999 No 92
• Criminal Appeal Act 1912 No 16
• Criminal Assets Recovery Act 1990 No 23
• Criminal Procedure Act 1986 No 209
• Duties Act 1997 No 123
• Independent Commission Against Corruption Act 1988 No 35

New As Made legislation

• Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 No 24

New or updated Bills in Parliament

• Appropriation Bill 2017
• Appropriation (Parliament) Bill 2017
• Crimes Amendment (Intimate Images) Bill 2017
• Justice Legislation Amendment Bill 2017