The Library Bulletin

• Australian corporations and securities reports 118 Parts 2 & 3 Table of Cases Reported:
• Australian Competition and Consumer Commission v Australia and New Zealand Banking
• Group Ltd (ACN 005 357 522) (FCA — Wigney J)
• Australian Competition and Consumer Commission v Macquarie Bank Ltd (ACN 008 583 542)(FCA — Wigney J)
• Australian Securities and Investments Commission v Drake (No 2)(FCA — Edelman J)
• Re OneSteel Manufacturing Pty Ltd (admins apptd)(NSWSC — Brereton J)
• Sanderson (as liquidator of Sakr Nominees Pty Ltd) (in liq) v Sakr (NSWCA — Full Court)

• Shepard (in his capacity as deed administrator of Quest Minerals Ltd) (subject to deed of company arrangement) (ACN 062 879 583) v Mutual Holdings Pty Ltd (ACN 092 024 336) (FCA — McKerracher J)

• Administrative law decisions 2017 Vol 153 Part 1 - Table of cases reported:

• Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink (FCA — Logan J)
• Cayzer v Minister for Immigration and Border Protection (No 3) (FCA — Mortimer J)
• Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc (FCA — Wigney J)
• Comcare v Martin (HCA — Full Court)
• D Marks Partnership (by its general partner Quintaste Pty Ltd) v Cmr of Taxation (FCAFC — Full Court)
• Dalla v Minister for Immigration and Border Protection (FCA — Logan J)
• Nicovations Australia Pty Ltd v Secretary of the Department of Health (FCA — Robertson J)
• Tusitala v Assistant Minister for Immigration and Border Protection (FCA — Markovic J)

• Australian Law Reports 2017 341 Part 3 - Table of cases reported:

• Chief of Navy v Angre
• Construction, Forestry, Mining and Energy Union v Australian Building and Construction
• Commissioner
• Lazarus v Independent Commission Against Corruption
• Load and Move Pty Ltd v Container Rotation Systems Pty Ltd
• Park (as trustee of the bankrupt estate of Tschannen) v Tschannen
• Santos v Department of Corrective Services (CACV 37 of 2016)
• Santos v Director of Public Prosecutions (WA) (CACV 145 of 2015)
• Tech Mahindra Ltd v Commissioner of Taxation
• Tyne (as trustee of the Argot Trust) v UBS AG (No 2)
• WIN Corporation Pty Ltd v Nine Network Australia Pty Ltd

• Australian Journal of Competition and Consumer Law 2017 Vol 25(2) In this issue: Providing Misleading or Deceptive Conduct: Challenges posed by the internet - Adrian Coorey / Influencers, Instagurus and Enablers: Using accessorial liability to establish a norm of behaviour in relation to disguised viral marketing - Lynden Griggs and Aviva Freilich / Extracting Volume from Big Data: Taking Big Data processing and analysis into account - Suiyi Zhang

• Torts Law Journal 2017 Vol 22(2) In this issue: In mourning of bereavement damages — Iain Field / Defamation: Media regulator? — Tyler Fox / Breaking new ground? Nuisance, negligence and pure economic loss in Marsh v Baxter — Anna Bunn and Michael Douglas / Debunking a myth: A rejection of the ‘assumption of responsibility’ test for duty of care — David Tan

The National Domestic and Family Violence Bench Book is a web-based, open access resource designed for easy readability and navigation by a range of users. For flexibility, any bench book page can be converted to a PDF and emailed or printed. The purpose of this bench book is to provide a central resource for judicial officers considering legal issues relevant to domestic and family violence related cases that will contribute to harmonising the treatment of these cases across jurisdictions along broad principles and may assist them with decision-making and judgment writing. There are a number of navigation tools: Left-hand menu enabling access to the bench book contents, case database, victim experiences and acknowledgements File tabs containing a variety of resources related to a particular issue Breadcrumb trail revealing the user’s path from the home page to the current page Embedded links connecting to external sources and related material within the bench book Linked keywords connecting related material within the bench book.

As well as serving as a resource in the judicial decision-making process, this bench book is a publicly available resource that is intended to benefit other legal professionals and service providers who are working with victims and perpetrators of domestic and family violence.

• Cyber security : law and practice / Dean Armstrong, Dan Hyde and Sam Thomas
• Critical perspectives on the uniform evidence law / Andrew Roberts and Jeremy Gans (eds)
• Arlidge Eady and Smith on contempt / David Eady and A T H Smith
• Cheshire Fifoot and Furmston's law of contract / Michael Furmston

Individual New South Wales Law Reports [NSWLR] judgments (from 1985) may now be downloaded for AU$19.80 per judgment from the website of the Council of Law Reporting for NSW

• Report Calls for Government to Defend Democracy A new Human Rights Law Centre report, backed by 15 non-government organisations, has highlighted an “urgent need” to safeguard independent civil society voices and put a stop to a trend that “threatens to silence a sector that has much to contribute”.

• NSW Attorney-General and George Brandis split on push to increase politicians' parole powers New South Wales Attorney-General Mark Speakman says judges, not politicians, should decide when someone is freed from jail. Federal Attorney-General George Brandis has pushed for state and territory attorneys-general to decide on parole for criminals with terrorism links.

• NSW proposes big justice reforms to target risk of reoffending Over $200 million will be invested in recruiting extra personnel for correctional facilities plus new measures to improve community safety as part of a major overhaul of the NSW criminal justice system.

• Overheard on a train: How I could have ransomed a law firm (but didn’t) One day in February, Graham Murphy found himself on a train next to two solicitors. As they opened their laptops and began to talk about the details of a £100m transaction, he pricked up his ears and began to think about what a fraudster or cybercriminal might make of all this...

• Law Institute Journal June 2017 - In this issue - Operation Secret Boarders: what we don't know can't hurt us / Forced Marriage: does it really happen in Austrlia? / Total and permanent disablement claims: tips and traps / Victorian Charter of Human Rights: Rights without remedies

• Judicial Review In this Issue - Back to Basics: The Administrative Court Judicial Review Guide 2016 / Interim Relief in Judicial Review / Public Functions and Amenability: Recent Trends / Out of Mind – Exposure to Unfair Prejudicial Material and Bias / Where Should Costs Assessments in Public Law Cases Take Place? / Family Reunification and Judicial Review Remedies in UTIAC / Prisoners and Judicial Review: Pitchforks against Artillery? / The Right to Respect for the Home: Privacy’s Poor Relation? / Structural Procedural Review: An Emerging Trend in Public Law

• Family Law Reports 55(5-6) 2017 Cases reported:
• Beckham v Desprex
• Blanding v Blanding
• Browne v Keith
• Campbell v Superannuation Complaints Tribunal
• Fontana v Fontana
• Janssen v Janssen
• Withers v Russell X Corporation Pty Ltd v Jess

New or updated in force legislation

• Barangaroo Delivery Authority Act 2009 No 2
• Biofuels Act 2007 No 23
• Energy Services Corporations Act 1995 No 95
• Environmental Planning and Assessment Act 1979 No 203

• Gazette No 60 of 7 June 2017 (pages 2393-2394)
• Gazette No 59 of 2 June 2017 (pages 2388-2392)

• Refugee tribunal members lose contracts after Peter Dutton criticisms More than 50 members of the Administrative Appeals Tribunal – the independent authority that reviews decisions by the Australian government – have been told they will not have their contracts renewed, after attacks from ministers over decisions the government did not agree with.

• Bernardi seeks to challenge, split the NSW Liberals Senator Cory Bernardi made a sales pitch for a conservative uprising on Thursday. The day after he applied to register a NSW branch of his new Australian Conservatives, Bernardi made it clear he expects to compete with the Liberals not just for votes but defections.

• Australian Law Journal Vol91/5 2017 - Special issue: Indigenous Australians and the Law: Indigenous Constitution Recognition: Paths to failure and possible paths to success by Shireen Morris and Noel Pearson / Testamentary freedom and customary law" the impact of succession law on the inheritance needs of Aboriginal and Torres Strait Islanders in Australia by Prue Vines / Opportunity if there for the taking: legal and cultural principles to re-start discussion on Aboriginal Heritage Reform in WA by Lauren Butterly, Ambelin Kwaymullina and Blaze Kwaymullina / Two New township leases on Aboriginal land in the NT by Leon Terril / Ensuring ethical collaborations in indigenous art and records management by Terri Janke / Thinking outside the constitution on indigenous constitutional recognition: entrenching the Racial Discrimination Act by Dylan Line / What does national Equality Law have to do with closing the gap? by Laura Beacroft

• Law Society Journal Iss34 2017 - In this issue: The burdon of unconscious bias: are lawyers and the legal profession programmed to exercise prejudice? / Opportunity knocks for innovation: insights into Australia's start-ups / Can you repeat the question? how hearing loss effects the legal profession / The nuts and bolts of the new NSW CTP scheme

You can access a wide range of Journals via the internet without having to come to the library. HeinOnline, an online database containing more than 145 million pages and 140,000 titles of international legal history and government documents. Content includes:

• Indigenous Law Bulletin (full text)
• Law Quarterly Review (Vols 1-62 in full text)
• Australian and New Zealand Maritime Law Journal
• Alternative Law Journal
• Current Issues in Criminal Justice
• Psychiatry, Psychology and Law

**To access online journals head to the Library home page and look for External Links on the bottom left of the page. Click on HeinOnline to access the database

• Federal Court Reports Vol 245 Part 3 - Table of cases reported:
• Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicines Authority
• Babcock & Brown (in Liq) v Grant-Taylor
• Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc
• Engel v National Biodiesel Lyd
• Kaur v Minister for Immigration and Border Protection
• Palmer Leisure Coolum Ltd v Takeovers Panel

• Walker v Sell

• Motor Vehicle Reports Vol 79 Part 2 - Table of cases reported:

• Amos v McCarron
• Bricknell v Motor Accidents Insurance Board (No 2)
• Counsel v Glynn
• Nominal Defendant v Cordin
• QBE Insurance (Australia) Ltd v Alawia

• TA v IA

• Butterworths Property Reports Vol 237

• NWC Finance Pty Ltd v Borsellino (No 2)
• Kazacos v Shuangling International Development Pty Ltd
• Bilton v Ligdas
• James v Owners — Strata Plan No 11478 (2014/37203)
• McElwaine v Owners — Strata Plan No 75975
• Strel v Cordia
• Davis v NSW Land and Housing Corporation

• Gazette No 56 of 26 May 2017 (pages 1780-1824)
• Gazette No 55 of 19 May 2017 (pages 1703-1779)

New or updated in force legislation

• Crimes (Sentencing Procedure) Act 1999 No 92
• Liquor Act 2007 No 90

New or updated Bills in Parliament

• Crimes Amendment (Intimate Images) Bill 2017
• Firearms and Weapons Legislation Amendment Bill 2017
• Statute Law (Miscellaneous Provisions) Bill 2017

• Law and poverty in Australia - 40 Years after the Poverty Commission / Andrea Durbach, Brendan Edgeworth and Vicki Sentas
• Cheshire Fifoot and Furmston's law of contract 17th ed / Michael Furmston
• Equity, trust and commerce / Paul S Davies and James Penner (eds)
• Public inquiries : wrong route on Bloody Sunday / Louis Blom-Cooper

• 'I don’t take orders from the chief justice': How Nauru ousted its judicial leaders Sealed affidavits of former magistrate Peter Law and former chief justice Geoffrey Eames, both Australian, reveal fresh details of their expulsion.

• Uluru talks: delegates walk out due to sovereignty and treaty fears Seven delegates walked out of the Uluru convention on constitutional recognition, saying their concerns about loss of sovereignty and the lack of a formal guarantee of a treaty process were not being heard.

• Angry judge locks up criminal for calling him 'mate' in court A UK judge has thrown a racist who called him "mate" in court behind bars for being disrespectful.

• US House votes to give some powers of Librarian to Trump The USA House of Representatives voted in favor of the Register of Copyrights Selection and Accountability Act (H.R. 1695). The bill’s name implies that it focuses on the mundane details of copyright law, and to some extent, it does. It also limits the position of Librarian of Congress. In particular, if it is passed by the Senate, the act will prevent Current Librarian Dr Carla Hayden from appointing the next Register of Copyrights, leaving the appointment up to the President.

• Barristers raise funds for prize in memory of Katrina Dawson Members of the NSW Bar Association have hit the pavement to raise funds for a new readers’ scholarship established in memory of Katrina Dawson, who was tragically killed in Sydney’s Lindt Café siege. Running the 21.1-kilometre course on behalf of the association was president Arthur Moses SC and barrister Ben Symons of State Chambers. The pair raised in excess of $11,600, which will help fund a prize that has been established in Ms Dawson’s name. The Katrina Dawson prize will go to a female reader who has passed the exam for the NSW bar.

The First Legislative Council, the precursor to the current NSW Parliament, is the oldest legislative body in Australia. Power was vested in the Governor of NSW as representative of the Crown in the new colony. The First Legislative Council (the Colonial Council) was established by the governor in 1824 as an advisory body of five appointed members, in relation to making the laws and other matters.

The records of this body have been digitised and are available on the NSW Parliament website, with over 60,000 documents dating from 1824 to 1855 including records of the establishment of responsible government.

Some interesting documents include:

• a Bill to abolish female transportation from 1841 "An Act to abolish the transportation of female convicts, and to provide more effectual punishment of female offenders within the colony of NSW, as authorises the confinement of any female in a dark cell"
• The declaration of the Crimean War
• a Bill from 1825 "to prevent the harbouring of runaway convicts and to prevent their tippling"

New or updated in force legislation

• Associations Incorporation Regulation 2016
• Conveyancers Licensing Regulation 2015
• Crimes (Sentencing Procedure) Act 1999 No 92
• Land and Property Information NSW (Authorised Transaction) Act 2016 No 46
• Conveyancers Licensing Act 2003 - Conveyancers Licensing Amendment (Fees) Regulation 2017 (2017-205) L- andlord and Tenant (Amendment) Act 1948 - Landlord and Tenant Amendment (Fees) Regulation 2017 (2017-210)
• Property, Stock and Business Agents Act 2002 - Property, Stock and Business Agents Amendment (Fees and Contributions) Regulation 2017 (2017-213)

• New South Wales Law Reports Vol 92 Part 5 Cases reported in this issue:
• Insurance Australia Ltd t/as NRMA Insurance v Scott
• Lin v The Age Company Ltd
• Bartlett v ANZ Banking Group
• Nash Bros Building Pty Ltd v Riverina Water County Council

Federal Court Reports Vol 245 Part 1 Cases reported in this issue:

• Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicine Authority
• Australian Workers Union v Esso Australia Pty Ltd
• Dallas Buyers Club LLC v iiNet Ltd
• Federal Commissioner of Taxation v Breakwell

District Court Law Reports (NSW) Vol 23 Part 3 Cases reported in this issue:

• Ashton Coal Operations Pty Ltd v McLawrence
• Bell Lawyers v Pentelow
• R v Chambour
• Elzahed v Commonwealth
• Nationwide News v Hibbert
• R v Spillane
• Workers Compensation (Dust Diseases) v Cunha

• Australian Law Journal Vol91/4 2017 - In this issue: Judge's sons make the final sacrifice: the story of the Australian Judicial community in the First World War by Tony Cunneen / The Honorable Sir Kenneth Jacobs KBE: A centenary appreciation by Hon William Gummow AC / The Honourable Septimus Burt KC by Julian Burt and Angelina Gomez / The changing face of Judicial Leadership: A Western Australian perspective by Robert Finch AC

• Insurance Law Journal Vol 28/2 2017 - In this issue: Good faith in insurance law: General and independent, not a duty but an interpretative principle by Yong Qiang Han 95 / TPD — Degree of certainty — Unlike ever — Never say never by WIB Enright 109 / Contract works insurance: Faulty workmanship exclusions and scratched glass claims by Patrick Mead

• Australian Property Law Journal Vol 26/1 2017 - In this issue: Draw conclusions on the wall — Defence of the monumented cadastre — Mick Strack / Proprietary estoppel and family provision: Competing moral obligations — Susan Barkehall Thomas 24 / Trustees’ bare legal title: Concept or misconception? by Tobias Barkley 44 / Limited and special grants of administration in Western Australia — Daniel Yazdani 65 / Loosening the screws: Should the Personal Property Securities Act 2009 (Cth) be amended to include fixture provisions by Andrew C Sarraf

• Commissions of inquiry : problems and prospects / Christian Henderson (ed)
• Landmark cases in criminal law / Philip Handler, Henry Mares and Ian Williams (eds)
• Prosecuting / Raymond Gibson
• Cheshire Fifoot and Furmston's law of contract / Michael Furmston
• Equity, trust and commerce / Paul S Davies and James Penner (eds)
• Evidential uncertainty in causation in negligence / Gemma Turton

Bill debated, passed by Assembly

Civil Liability (Third Party Claims Against Insurers) Bill 2017 (NSW)

• Gazette No 55 of 19 May 2017 (pages 1703-1779)

• Gazette No 54 of 12 May 2017 (pages 1662-1702)