The Library Bulletin

• Gazette No 18 of 10 February 2017 (pages 394-399)
• Gazette No 17 of 10 February 2017 (pages 318-393)

• Indigenous Law Bulletin (DEC 2016)
• The Economist (FEB 4-10)
• Criminal Law News Vol 24 No 1 2017

It's 2017. Happy new year! Alternative facts are the new black, and you received an email from us earlier this week about an overdue notice; we apologise for the confusion. Nobody had loaned the Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Act 2006.

It was an error caused by our overdues management system. We have not decided to embrace Trump's world view!

Your responses were fantastic and although understandably most proclaim to have no interest in Nuclear testing, one member asked to renew the loan for another week and at least one member willingly threw his chamber colleague under the bus. We embrace the humor of our Barristers and appreciate your good natured responses. Here are some of best (anonymously, of course)...

• "Not me. It must be another tall, dark and handsome Barrister."
• "I fear someone is impersonating me, which is the greatest compliment I have had for years!!"
• "Thank you for the compliment you do me in assuming I can still read."
• "Name Removed SC shares a secretary with me; they are known to interest themselves in this kind of doubtful literature………….perhaps they have it, and would be prepared to confess to that sad state of fact?"
• "Phew! I'm off the hook. As a well brought up law student I fear getting on the wrong side of librarians!! Lovely, lovely people ... until you nick their book."

You all passed the test.

• Lawyers professional responsibility / G E Dal Pont
• Law of charity / G E Dal Pont
• Sentencing in Australia / Mirko Bagaric and Richard Edney
• Criminal defences in Australia / Paul A Fairall and Malcolm Barrett
• Detectives' handbook 2017 : extracts from Criminal Law (NSW) and Uniform evidence law /NSW Police Force, A M Blackmore, G S Hosking and S Odgers
• Managing risk in reinsurance : from city fires to global warming / Niels Viggo Haueter and Geoffrey Jones (eds)
• Principles of Australian constitutional law / Patrick Keyzer, Christopher Goff and Asaf Fisher - Murder at Myall Creek : the trial that defined a nation / Mark Tedeschi
• Australian citizenship law / Kim Rubenstein
• Contract in commercial law / Simone Degeling, James Edelman and James Goudkamp

• Gazette No 16 of 3 February 2017 (pages 262-317)
• Gazette No 15 of 1 February 2017 (pages 260-261)
• Gazette No 14 of 31 January 2017 (pages 254-259)
• Gazette No 13 of 30 January 2017 (pages 251-253)
• Gazette No 12 of 30 January 2017 (pages 241-250)
• Gazette No 11 of 27 January 2017 (pages 227-240)
• Gazette No 10 of 27 January 2017 (pages 185-226)
• Gazette No 9 of 23 January 2017 (pages 183-184)
• Gazette No 8 of 20 January 2017 (pages 78-182)
• Gazette No 7 of 18 January 2017 (pages 72-77)
• Gazette No 6 of 17 January 2017 (pages 66-71)
• Gazette No 5 of 13 January 2017 (pages 56-65)
• Gazette No 4 of 13 January 2017 (pages 20-55)
• Gazette No 3 of 10 January 2017 (pages 14-19)
• Gazette No 2 of 9 January 2017 (pages 12-13)
• Gazette No 1 of 6 January 2017 (pages 1-11)

New or updated in force legislation

• Administrative Changes Orders
• Allocation of the Administration of Acts
• Liquor Regulation 2008
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60
• Residential Tenancies Act 2010 No 42

New As Made legislation

• Constitution Act 1902 - Administrative Arrangements (Administration of Acts—General) Order 2017 (2017-17)
• Constitution Act 1902 - Administrative Arrangements (Administrative Changes—Ministers) Order 2017 (2017-18)

NSW Notifications

• Week Beginning 30 January 2017
• Week Beginning 23 January 2017

• The NSW Parliamentary Counsel's Office has added a new feature to the NSW legislation website. Users will now be able to generate a PDF for any component part or any version of any legislation in the In Force collection. The "Generate a PDF" icon will be situated on the dark blue menu bar at the top of the page. To create a PDF of an entire instrument, first click on "Whole title" and then on the "Generate a PDF" icon. The PDF created will display standard headers and footers. Further details are available under the Help link (http://www.legislation.nsw.gov.au/#/help).

• A new online platform developed by the NT Office of the Parliamentary Counsel (OPC) is now available as a one stop shop for searching legislation enacted in the Territory. The new platform went live on Monday December 5 and is available at https://legislation.nt.gov.au Users can register as subscribers with the service and set up accounts that will enable them to receive email notifications when legislation is updated.

• Project: Caselaw Access Project The Caselaw Access Project is making all U.S. case law freely accessible online.

• A library without librarians is a just a shed full of books The Federal Government announced in September it was eliminating 63 positions from national cultural organisations; But libraries without librarians are just storerooms.

• The Sydney Law Review Vol 38 No 4 Articles: The Case against free speech / What's in a name - software, digital products and the sale of goods / Standards and standard-setting in companion animal protection / Tendency evidence in Hughes v The Queen: similarity, probative value and admissibility / Criminal conversations: Farmer, Lacey and the New Social Scholarship

• GAR (Global Arbitration Review) Vol 11 Issue 5 Articles: The Trump Approach to due process / IBA conference - Rivkins call for ethics / India Intent / Islamic finance / GAR Live Hong Kong

• Indigenous Law Bulletin Vol 8 Issue 26 Articles: Indigenous peoples and saltwater / freshwater governance; Deconstructing aqua nullius: Reclaiming aboriginal water rights and communal identity in Australia; Indigenous-driven co-governance of sea country through collaborative planning and indigenous protected areas; Victoria's traditional owner settlement act and indigenous management of water resources: An improvement on the native title act or more of the same?; Legal indigenous recognition devices; Artist note: Badu art centre and art mob

• The Federal Court Reports V 242 Part 6 (2016)
• NSW Law Reports V 91 Part 4 (2016)
• The Weekly Law Reports No. 46 (2016)
• Commonwealth Law Reports V 257 Part 1 (2016)

• Modern Law Review - December
• Counsel -Decemner
• Commercial Law Quarterly 30(3)
• Criminal Law Review December
• Monash University Law Review 42(1)
• The Australian Law Journal - Dec

• Commonwealth Law Reports v 256 Part 4
• New South Wales Law Reports v 91 Part 5
• District Court Law Reports (NSW) v 22 Part 4
• Weekly Law Reports Part 42

• New judges join Australia’s federal courts in 2017 [Source: Lawyers Weekly]
• Eddie Obeid sentenced to five years' jail for misconduct in public office [Source:ABC]
• Incoming UN chief Antonio Guterres names three women to top jobs amid gender parity push [Source:ABC]
• A library without librarians is a just a shed full of books [Source: The Conversation]

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017. Members in chambers during January are advised to borrow books before 23 December (no overdue notices will be issued until the library re-opens). The library will be open from 9am to 5pm between Monday 23 January 2017 and Friday 27 January 2017 Normal opening hours will resume from Monday 31 January 2017

NSW Notifications

Week Beginning 12 December 2016

• Gazette No 117 of 16 December 2016 (pages 3638-3723)
• Gazette No 116 of 13 December 2016 (pages 3634-3637)
• Gazette No 115 of 13 December 2016 (pages 3628-3633)
• Gazette No 114 of 12 December 2016 (pages 3622-3627)

The NSW Parliamentary Counsel's Office has added a new feature to the NSW legislation website. Users will now be able to generate a PDF for any component part or any version of any legislation in the In Force collection. The "Generate a PDF" icon will be situated on the dark blue menu bar at the top of the page. This new feature replaces the previous static PDF which was available for some titles. To create a PDF of an entire instrument, first click on "Whole title" and then on the "Generate a PDF" icon. The PDF created will display standard headers and footers. Further details are available under the Help link (http://www.legislation.nsw.gov.au/#/help).

• Finn’s law : an Australian justice / Tim Bonyhady (ed)
• Assignment of contractual rights / Greg Tolhurst
• Accessories in private law / Joachim Dietrich and Pauline Ridge

December's issue of the Australian Law Journal features the following

Articles:

• Unconscionability and promissory estoppel Acting Justice Peter Young QC
• Human Rights and business lawyers: The 2011 watershed John Southalan

High Court Reports:

• Cunningham v Commonwealth

Click here for a copy of the full report

In the 24 months to September 2016, only one of the 17 major offences showed a significant upward trend across NSW, eight were trending downward and the remaining eight offences were stable. The offence trending upwards was steal from retail store (up 6.4%). The offences trending down were:

1. robbery without a weapon (down 17.3%);
2. robbery with a firearm (down 27.9%);
3. robbery with a weapon not a firearm (down 21.0%);
4. break and enter dwelling (down 6.2%);
5. break and enter non-dwelling (down 8.9%);
6. motor vehicle theft (down 11.1%);
7. steal from person (down 10.9%);
8. malicious damage to property (down 2.4%). Steal from retail store has now been trending upwards for five successive quarters. The most frequently victimised retail premises last year were: supermarkets (23%), department stores (14%), shopping complexes (13%), packaged liquor shops (9%) and clothing shops (7%). The most commonly stolen items are liquor, clothing and personal items such as cosmetics, toiletries and razors, followed by communications and electronic equipment. Regional changes The standout problem in regional NSW was a growth in fraud. The incidence of this offence increased across seven regional areas: the Central West (up 25.3%), Coffs Harbour-Grafton (up 39.8%), the Mid North Coast (up 26.6%), New England and North West (up 34.9%), Richmond Tweed (up 36.3%), the Riverina (up 33.8%), and the Southern Highlands and Shoalhaven (up 38.8%). Past BOCSAR research has shown that most of the growth in fraud in recent years involves fraudulent use of credit cards and failing to pay (for fuel) at service stations.
   Despite the increase in fraud and steal from a retail store, most areas in regional NSW experienced falls in crime. One very reassuring trend in regional NSW is that domestic assault in the Far West & Orana fell by 13.5% in the two years to September 2016. This is an area where the recorded rate of domestic assault is 2.7 times the State average.
   Further enquiries: Dr Don Weatherburn 02 8346 1100 Copies of the report: www.bocsar.nsw.gov.au

• Gazette No 112 of 9 December 2016 (pages 3615-3618)
• Gazette No 111 of 9 December 2016 (pages 3366-3614)
• Gazette No 110 of 8 December 2016 (pages 3463-3465)
• Gazette No 109 of 7 December 2016 (pages 3457-3462)
• Gazette No 108 of 5 December 2016 (pages 3454-3456)

• Judicial ethics / Keith Swisher (ed)
• Handbook on mediation / American Arbitration Association
• International mediation : breaking business deadlock / Eileen Carroll and Karl Mackie
• Accessories in private law / Joachim Dietrich and Pauline Ridge

NSW Notifications Week Beginning 5 December 2016

NSW new or updated Bills

• Civil Remedies for Serious Invasions of Privacy Bill 2016
• Technical and Further Education Commission Amendment (Funding Guarantee for TAFE) Bill 2016

NSW new or updated in force legislation

• Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991 No 73
• Bail Act 2013 No 26
• Bail Amendment Act 2015 No 44
• Bail Regulation 2014
• Crimes (Domestic and Personal Violence) Act 2007 No 80
• Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 No 33
• Crimes (Domestic and Personal Violence) Regulation 2014
• Supreme Court Rules 1970
• Uniform Civil Procedure Rules 2005

New As Made legislation

• Agricultural Industry Services Act 1998 - Agricultural Industry Services Amendment (Recognised Foundation Instrument) Regulation 2016 (2016-745)
• Ballina Local Environmental Plan 2012 (Amendment No 27) (2016-756)
• Board of Studies, Teaching and Educational Standards Act 2013 - Board of Studies, Teaching and Educational Standards Amendment Regulation 2016 (2016-746)
• Camden Local Environmental Plan 2010 (Amendment No 27) (2016-757)
• Civil Procedure Act 2005 - Uniform Civil Procedure (Amendment No 81) Rule 2016 (2016-753)
• Civil Procedure Act 2005 - Uniform Civil Procedure (Amendment No 82) Rule 2016 (2016-754)
• Civil Procedure Act 2005 - Uniform Civil Procedure (Amendment No 83) Rule 2016 (2016-755)
• Education Act 1990 - Education Amendment Regulation 2016 (2016-747)
• Education and Teaching Legislation Amendment Act 2016 - Commencement Proclamation (2016-742)
• Exhibited Animals Protection Amendment (Standards) Regulation 2016 (2016-748)
• Government Sector Employment Legislation Amendment Act 2016 - Commencement Proclamation (2016-743)
• Hawkesbury Local Environmental Plan 2012 (Amendment No 12) (2016-758)
• Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (Amendment No 4) (2016-759)
• Police Act 1990 - Police Amendment (Commissioner’s Valour Award) Regulation 2016 (2016-741)
• Poppy Industry Act 2016 - Poppy Industry Regulation 2016 (2016-764)
• Poppy Industry Act 2016 No 37 - Commencement Proclamation (2016-763)
• Property NSW Act 2006 - Property NSW Amendment (Transfer of Property) Order (No 7)
• Protection of the Environment Operations Act 1997 - Protection of the Environment Operations (Clean Air) Amendment (Open Burning in Lake Macquarie City) Regulation 2016 (2016-750)
• Public Health Act 2010 - Public Health Amendment (Pap Test Register) Regulation 2016 (2016-751)
• Regulatory and Other Legislation (Amendments and Repeals) Act 2016 - Commencement Proclamation (2016-744)
• Shellharbour Local Environmental Plan 2013 (Amendment No 15) (2016-760)
• Sydney Local Environmental Plan 2012 (Amendment No 32) (2016-761)
• Teacher Accreditation Act 2004 - Teacher Accreditation Amendment Regulation 2016 (2016-752)
• The Hills Local Environmental Plan 2012 (Amendment No 39) (2016-762)

• A NewLaw firm has reignited the work-life balance conversation with the launch of a new website, ‘Law Set Free’. New Law firm Keypoint Law has launched the new website Law Set Free, enabling law professionals to calculate their return on investment for the hours they work with a first-of-its-kind lifestyle calculator. [Source:Lawyers Weekly]

• Sydney's lockout laws relaxed as part of two-year trial Premier Mike Baird announced on Thursday that the 1:30am lockout would be moved to 2:00am and last drinks moved from 3:00am to 3:30am for venues in Sydney's CBD and Kings Cross that offer live entertainment, performances or art and cultural events, as part of a two-year trial. [Source: ABC]

• COAG: Federal Government extends funding for homelessness services ahead of Canberra meeting The Federal Government has extended funding for homelessness services by one year after the sector warned a funding cut could prompt a human and economic disaster. [Source: ABC]

• Three ways to keep it legal at the office Christmas partyBased on real Australian court decisions, this article offers three tips to avoid getting dismissed, sued or ending up in the slammer as a result of poor judgment! [Source:ABC]

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