The Library Bulletin

The latest edition of the Indigenous Law Bulletin has been released (Vol 8 no 28). Featured in this issue:

• Case Note: How did the McGlade v Native Title Registrar decision lead to proposed amendments to the Native Title Act?
• Reflections on a trial" A frontline worker's perspective on family and domestic violence in the criminal justice system
• Institutional Racism: The importance of section 18C and the tragic death of Miss Dhu

• NSW Labor former secretary Jamie Clements found guilty of unlawfully using electoral roll Former New South Wales Labor Party secretary Jamie Clements has been found guilty of unlawfully using electoral roll information.

• New FBI Chief Named Trump has named the new head of the FBI, following an extensive search that spanned the entire Trump family.

• Torching the Modern Day Library of Alexandria"At the terminal you were going to be able to search tens of millions of books and read every page of any book you found..." Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them

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

New or updated in force legislation

• Criminal Procedure Regulation 2010
• Electricity (Consumer Safety) Act 2004 No 4
• Energy and Utilities Administration Act 1987 No 103
• Fair Trading Act 1987 No 68
• Gas Supply Act 1996 No 38
• Home Building Act 1989 No 147
• Law Enforcement (Powers and Responsibilities) Act 2002 No 103
• Public Holidays Order 2011
• Security Industry Amendment Act 2017 No 16
• Work Health and Safety Regulation 2011

• New South Wales Law Reports Vol 92 (4) Cases reported in this part:
• Civil Procedure - Beavan v Industrial Relations Secretary (No 1)
• Crime - DN v R
• Defamation - Zoef v Nationwide News Pty Ltd
• Evidence - Nash v Resource Pacific Pty Ltd (No 1)
• Negligence - Whitfield v Melenewycz

Queensland Reports 2017 Vol 1 (2) Cases reported in this part:

• Nichols v Earth Spirit Home Pty Ltd
• Gambrao Pty Ltd v Rohrig (QLD) Pty Lyd
• Farnham v Pruden
• R v Chardon
• Thorne Developments Pty Ltd v Thorne
• QNI Resources Pty Ltd v Sino Iron Pty Ltd
• Practice Directions Nos 1 & 2

Bill debated, passed Legislative Council

The object of this Bill is to give effect to the recommendations of the NSW Law Reform Commission in Report 143: Third party claims on insurance money. The recommendations result from a review of section 6 of the Law Reform (Miscellaneous Provisions) Act 1946, which provides a mechanism enabling a third party to enforce a statutory charge over insurance money payable under a contract of insurance to a person indemnified under the contract of insurance in respect of a liability of the insured person to pay damages or compensation to the third party. The Bill replaces section 6 of that Act with an Act that enables the third party to bring proceedings directly against the insurer in respect of his or her claim for damages, compensation or costs against the insured person (rather than proceeding to enforce a specially created statutory charge)

CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) BILL 2017 (NSW)

• Criminal Law News Vol 24(4) - In this issue: Enquiring whether an erroneous reference to a standard non-parole period had an effect on sentence pronounced / Admission of fresh evidence on appeal demonstrating exceptional hardship to third parties / Whether a refusal to allow a Basha inquiry is an interlocutory judgment or order for the purposes of an appeal under s 5F(3) of the Criminal Appeal Act 1912 / Admissibility of expert evidence as to voice identification / Non publication and suppression orders in relation to an entire criminal trial

• Law Quarterly Review Vol 133 (April) - In this issue: Relieving the Trustee-Solicitor: a modern perspective on Section 61 of the Trustee Act 1925 / "Sales" on retention of title terms: Is the English law analysis broken? / Private copying and harm to others - compensation versus remuneration / piercing the corporate veil: where is the reverse gear?

• Cambridge Law Journal Vol 76(1) - In this Issue: Public Law Adjudication in Common Law Systems: Process and Substance / Defences in Unjust Enrichment / Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation / Reason of State: Law, Prerogative and Empire

• Strata Legislation Handbook NSW 2016-17 with explanatory commentary / Alex Ilkin
• Archbold : criminal pleading evidence and practice 2017 / P J Richardson (ed)
• Principles of medical law / Judith Laing, Jean McHale, Ian Kennedy and Andrew Grubb (eds)
• Terrell on the law of patents / Colin Birss (ed) et al
• Corporate governance / John Farrar and Pamela Hanrahan

• Press freedom is under attack, while 'free speech champions' twiddle their thumbs Such is the nature of press freedom’s political battleground in Australia: lots of talk about freedom of speech in the midst of an actual legislated assault on press freedom.

• How many lawyers does it take to run a court case? Too many, says one Federal Court judge. In a scathing judgment in a bankruptcy case, Justice Steven Rares has taken aim at big law firms throwing a barrage of lawyers at cases and said "it is time that the profession recognised that costs should be kept to a minimum".

• Peter Hall QC to take top post in ICAC shake-up The NSW government has named a former Supreme Court judge to lead the state’s revamped anti-corruption watchdog.

• Outgoing human rights commissioner Gillian Triggs wins freedom of speech award Triggs named 2017 recipient of the Voltaire award as her five-year contract comes to an end

• Australian commercial law / Clive Turner and John Trone
• Chalmers and Guest on bills of exchange, cheques and promissory notes / S J Gleeson
• Legal ethics / Jonathan Herring

• Australian Law Journal 2017 Vol 91(3) In this issue: Not worth the paper they're written on? Executing documents (including deeds) under electronic documentation platforms: Part B / Burqas and Niqabs in the Courtroom: Finding practical solutions

• Psychiatry, Psychology and Law 2017 Vol 24 (2) In this issue: Determination of competency to stand trial (fitness to plead): an exploratory study in Hong Kong / Legal representatives opinions regarding psychologists engaging in expert witness services in Australian courts and tribunals / Risk factors and youth recidivism prediction in general and property offenders

• Bar News 2017 Autumn In this Issue: Wellbeing at the NSW Bar / President trump's executive action / Case management reforms in the Federal Court

• Law Society Journal 2017 Vol 33 (May) In this issue: The great millennial debate: Gen Y in the workplace / Driver-less cars: can the law keep up with rapid technological advancements? / Why good food is brain food: how diet drives mental health / Children and the Family Court: Is it time for dramatic reform? / A history of failed referendums: why constitutional change is at hand

• Gazette No 53 of 5 May 2017 (pages 1598-1661)
• Gazette No 52 of 28 April 2017 (pages 1470-1597)
• Gazette No 51 of 21 April 2017 (pages 1383-1469)

New or updated in force legislation

• Government Information (Public Access) Regulation 2009
• Independent Commission Against Corruption Regulation 2010
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60

New or updated Bills in Parliament

• Civil Liability (Third Party Claims Against Insurers) Bill 2017
• Statute Law (Miscellaneous Provisions) Bill 2017

• Family Law Reports Vol 55 Part 4 - Cases reported: Beckham v Desprez / Campbell v Superannuation Complaints Tribunal / Garvey v Jess / Oswald v Karrington

• District Court Reports Vol 23 Part 2 - Cases reported: Bell Lawyers v Pentelow / Boikov v Dailymail.com Australia Pty Ltd / Elzahed v Commonwealth / Jacobs v Levitt / Moss v SAS Trustee Corporation (No 2) / R v Wells

• Northern Territory Law Reports Vol 36 Part 3 - Cases reported: Brumby v O'Neill / Edwards v Field / Mole v Prior / S Kidman & Co Ltd v Lowndes CM

• South Australia State Reports Vol 125 Part 4 - Cases reported: Adams v Maloney / R v Ballam / R v Dell / Legal Profession Conduct Commissioner v Morcom / Lyons v Legalese Pty Ltd

• Federal Court Reports Vol 244 Part 3 - Cases reported: AEK15 v Minister for Immigration and Border Protection / Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd / Chen v Monash University

Commonwealth Law Reports Cases reported:

• Alcan Grove Prt Ltd v Zabic
• IMM v The Queen
• Military Rehabilitation and Compensation Commission v May
• Mok v DPP (NSW)

New Zealand Law Reports Cases reported:

• Attorney-General v Problem Gambling Foundation of New Zealand
• Cynget Farms Ltd v ANZ Bank New Zealand Ltd
• Underwood v R

Wills & Trusts Law Reports Cases reported:

• Adepoju v Akinols
• Re JS (Disposal of body)
• Slattery v Jagger & Ors

• Former Nauru MPs seek to subpoena Adeang The trial of former Nauru MPs, charged nearly two years ago over an anti-government protest was set to start last week, and the former MPs are asking the court to enforce subpoenas for the Justice Minister, David Adeang, the secretary of justice and three people in the Nauru media.

• Backyard skinny-dippers lack effective laws to keep peeping drones at bay Recent advances in technology mean we can no longer rely on fences or barriers around our homes to protect our privacy, and one skinny dipping Darwin woman has found out the hard way. Has technology has left law behind?

• Copyright law forgot schools & libraries The federal parliament recently made some long-overdue updates to Australia’s copyright laws, dragging them out of the spirit-soaked days of duplicating machines and into the digital era. But there is still one area where educational institutions face the threat of being sued by copyright owners... Illegal downloads.

• Gazette No 52 of 28 April 2017 (pages 1470-1597)
• Gazette No 51 of 21 April 2017 (pages 1383-1469)

NSW Notifications

New As Made Legislation

• Legal Profession Uniform Law - Legal Profession Uniform Admission Amendment (Academic Areas of Knowledge) Rule 2017 (2017-157)
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60 - Commencement Proclamation (2017-159)
• Uncollected Goods Act 1995 - Uncollected Goods Regulation 2017 (2017-162)

NSW new or updated in force legislation

• Legal Profession Uniform Admission Rules 2015
• Public Holidays Order 2011

NSW new or updated Bills

• Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016

• The principle of legality in Australia and New Zealand / Dan Meagher and Matthew Groves (eds)
• Street on torts / Christian Witting (14th ed)
• Implied terms in English contract law / Richard Austen-Baker
• Legal ethics / Jonathan Herring
• Veterans’ entitlements and military compensation law / Robin Creyke and Peter Sutherland

• Australian Property Law Journal - Vol 26 Part 1 - In this issue: Draw conclusions on the wall — Defence of the monumented cadastre / Proprietary estoppel and family provision: Competing moral obligations / Trustees’ bare legal title: Concept or misconception? / Loosening the screws: Should the Personal Property Securities Act 2009 (Cth) be amended to include fixture provisions

• Insurance Law Journal - Volume 28 Part 2 - Good faith in insurance law: General and independent, not a duty but an interpretative principle / PD — Degree of certainty — Unlike ever — Never say never / Contract works insurance: Faulty workmanship exclusions and scratched glass claims

• AIAL Forum - April 2017 - In this Issue:Statutory powers and constitutionally protected freedoms / Commonwealth ombudsman improving public administration through oversight / striking the right balance FOI and the contemporary world of government practice / Holding regulators to account in the NSW pollution law / The intersectionality of domestic and global accountability / Judicial review of administrative action / Public interest advocacy in the Australian competition tribunal

• Civil Justice Quarterly - April 2017 -In this issue: Some current issues in Class Actions / 25 years of Australian Class Actions / Arming the courts in collective redress - A move to "Australian style" Class Actions in the UK / Fiduciaries and Funders Litigation funders in Australian Class Actions

• Judicial Officers Bulletin - April 2017 - In this issue: Impartiality and emotion in judicial work / Recent decisions / Judicial moves

• Australian commercial law / Clive Turner and John Trone
• Terrell on the law of patents / Colin Birss (ed) et al
• Tristram and Coote's probate practice / Roland D'Costa, P Teverson and Terry Synak
• Carver on bills of lading / Sir Guenther Treitel and F M B Reynolds
• Enrichment at the claimants expense : attribution rules in unjust enrichment / Eli Ball

• New visa test to require immigrants to shotgun a VB while wearing a Bintang singlet Tough new visa laws announced this week will require would-be Australians to put away a 375mL tin of Victoria Bitter in under 30 seconds, while wearing an old singlet they picked up in Bali. Former Prime Minister Bob Hawke said he didn’t think the measures went far enough.

• Turnbull grilled over 'Australian Values' citizenship test changes Prime Minister Malcolm Turnbull says concern for his own political future was not behind an overhaul of Australia's citizenship laws.

• Retired judge recognised for service to law school Brian Sully AM QC has received an honorary fellowship from Western Sydney University.

New As Made Legislation

• Mental Health Act 2007 - Mental Health Amendment (Corresponding Law) Regulation 2017 (2017-151)
• Public Health Act 2010 - Public Health Amendment (Fees) Regulation 2017 (2017-152)

NSW new or updated Bills

• Suitors’ Fund Amendment (Costs of NCAT Appeals) Bill 2016
• Greyhound Racing (Repeal of Ban) Bill 2016

• Gazette No 51 of 21 April 2017 (pages 1383-1469)
• Gazette No 50 of 13 April 2017 (pages 1381-1382)

• Fleet Street Reports 2017 Part 4 Cases reported:
• Anan Kasei Co Ltd v Molycorp Chemicals & Oxides (Europe) Ltd [2017] 44 FSR 281
• Seven Towns Ltd v Kiddiland [2017] 44 FSR 298
• Simba Toys GMBH & Co KG v European Union Intellectual Property Office [2017] 44 FSR 329

• Criminal Appeal Reports 2017 Part 3 Cases reported:
• R v Brandford [2017] 1 Cr App R 197
• R v Sardar [2017] 1 Cr App R 216
• Ivey v Genting Casinos UK Ltd (Trading as Crockfords Club) [2017] 1 Cr App R 232
• R c Qosja [2017] 1 Cr App R 264
• R v Golds [2017] 1 Cr App R 273
• R v France [2017] 1 Cr App R 296 R v C and Others (Trade Mark) [2017] 1 Cr App R 306