The Library Bulletin

• Malcolm Turnbull is breaking international law with cruel lifetime refugee ban [Source: SMH]
• Could Americans Claim Refugee Status Under Trump? [Source: lifehacker]
• George Brandis is unfit to be attorney general, parliamentary committee finds [Source: The Guardian]
• Government challenges election of One Nation senator Rod Culleton [Source: The Guardian]
• Whistleblower law reform needed in Australia: Christmas Island class action lawyer says [Source: SMH]

• NSW criminal law 2016 / A M Blackmore and G S Hosking
• Equity and administration / P G Turner (ed)
• Shanahan's Australian law of trade marks and passing off / Mark Davison and Ian Horak
• Making banking and finance law : a snapshot : working papers of the Academic Committee of the Banking and Financial Services Law Association / Sheelagh McCracken and Shelley Griffiths (eds)
• The boundaries of Australian property law / Hossein Esmaeili and Brendan Grigg
• Cowen & Zines's federal jurisdiction in Australia / Geoffrey Lindell
• Children and the law in Australia / Lisa Young, Mary Anne Kenny and Geoffrey Monahan

NSW Notifications Week Beginning 7 November 2016

NSW new or updated Bills

• Aboriginal Land Rights Amendment (Local Aboriginal Land Councils) Bill 2016
• Biodiversity Conservation Bill 2016
• Crown Land Management Bill 2016
• Fisheries Management Amendment (Shark Management Trials) Bill 2016
• Law Enforcement Conduct Commission Bill 2016
• Local Land Services Amendment Bill 2016
• Regulatory and Other Legislation (Amendments and Repeals) Bill 2016
• Retail Leases Amendment (Review) Bill 2016
• Rock Fishing Safety Bill 2016

New As Made legislation Bellingen Local Environmental Plan 2010 (Amendment No 7) (2016-660) Criminal Procedure Amendment (Summary Proceedings for Indictable Offences) Act 2016 No 44 - Commencement Proclamation (2016-661) Electricity Retained Interest Corporations Act 2015 No 6 - Commencement Proclamation (2016-657) Local Government Act 1993 - Local Government Amendment (Amalgamations) Proclamation 2016 (2016-662) Strata Schemes Development Act 2015 - Strata Schemes Development Regulation 2016 (2016-659) Strata Schemes Development Act 2015 No 51 - Commencement Proclamation (2016-658)

• The Criminal Law Review
• Civil Justice Quarterly
• Law Society Journal
• Proctor
• The New Zealand Law Journal
• Company Law Newsletter
• Taxation in Australia

• Commonwealth law Reports
• Building law reports
• Medical law reports

In latest issue of the Australian Law Journal..

Articles

• Restitution: some historical remarks - Chief Justice Allsop
• A legal history and overview of the land borders of the Australian states - Professor Gerard Carney

High Court Reports:

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd Graham v The Queen Immigration and Border Protection, Minister for v SZSSJ Immigration and Border Protection, Minister for v SZTSI Paciocco v Australia % New Zealand Banking Group

Bob Day High Court case would set a precedent and have far-reaching implications. The likely High Court case about Bob Day's eligibility to be a senator will set a legal precedent that could endanger other politicians' right to sit in Parliament. [Source: ABC]

Allegations shift focus to darker side of law Legal circles have been rocked by explosive media claims that senior lawyers and barristers are among those alleged to have abused their positions of power in a string of sexual harassment allegations. [Source: Lawyers Weekly]

Qld Attorney-General lauds resigning senior judge She is the first woman to preside over an appellate court in Australia and has served 25 years as a Queensland judge. [Source: Australiasian Lawyer]

One Nation Senator Rod Culleton could be referred to High Court The Turnbull government’s hopes of delivering budget repair and cracking down on union rorts could be in trouble after a second senator was referred to the High Court. [Source: The Australian]

The State Library, in partnership with the National Library of Australia, has digitised over one million pages of historic NSW Government Gazettes to make the entire collection now available online - for free! Over 150 years of government records are now digitised and online for the first time. The Gazettes are significant official records relating to every facet of government, from the smallest local council notices to the establishment of our nation. The lives of thousands of ordinary people are mentioned in every issue, making them an essential to anyone examining the history of NSW and Australia. Now, thanks to the Library’s NSW Government funded Digital Excellence Program, they are all there online, available for everyone to use.

Start exploring the NSW Government Gazettes today!

Chief Justice Allsop has published a list of Authorities and Practice Note

This practice note provides guidance for the use of Lists of Authorities in all final hearings (including appeals), unless or to the extent that the Court otherwise orders. It applies to all parties, including those parties that are not represented by a lawyer.

Please click on this link to view the Lists of Authorities and Citations Practice Note

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 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

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 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

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 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

Gazette No 87 of 28 October 2016 (pages 2874-2909)

Gazette No 86 of 26 October 2016 (pages 2872-2873)

NSW Notifications Week Beginning 31 October 2016

New As Made legislation

• Auburn Local Environmental Plan 2010 (Amendment No 23) (2016-649)
• Bathurst Regional Local Environmental Plan 2014 (Amendment No 6) (2016-646)
• Biofuels Act 2007 - Biofuels Regulation (No 2) 2016 (2016-654)
• Biofuels Amendment Act 2016 No 12 - Commencement Proclamation (2016-653)
• Civil Liability Act 2002 Civil Liability (Non-economic Loss) Amendment Order 2016 (2016-652)
• Fair Trading Act 1987 - Fair Trading Amendment (Fuel) Regulation 2016 (2016-655)
• Health Practitioner Regulation National Law (NSW) - Health Practitioner Regulation (New South Wales) Amendment (Infection Control Standards) Regulation 2016 (2016-642)
• Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 No 7 - Commencement Proclamation (2016-641)
• Law Enforcement (Powers and Responsibilities) Act 2002 - Law Enforcement (Powers and Responsibilities) Amendment (Directions under Part 14) Regulation 2016 (2016-643)
• Motor Accidents Act 1988 - Motor Accidents Compensation Amendment (Claims) Regulation 2016 (2016-644)
• Motor Sports (World Rally Championship) Act 2009 - Motor Sports (World Rally Championship) Amendment Regulation 2016 (2016-656)
• Penrith Local Environmental Plan 2010 (Amendment No 8) (2016-650)
• Protection of the Environment Operations Act 1997 - Protection of the Environment Operations (Clean Air) Amendment (Solid Fuel Heaters) Regulation 2016 (2016-645)
• Ryde Local Environmental Plan 2014 (Amendment No 11) (2016-651)
• Sutherland Shire Local Environmental Plan 2015 (Amendment No 5) (2016-647)
• The Hills Local Environmental Plan 2012 (Amendment No 31) (2016-648)

NSW new or updated in force legislation

• Auburn Local Environmental Plan 2010
• Bathurst Regional Local Environmental Plan 2014
• Biofuels Act 2007 No 23
• Biofuels Amendment Act 2016 No 12
• Biofuels Regulation 2016
• Biofuels Regulation (No 2) 2016
• Civil Liability (Non-economic Loss) Order 2010
• Fair Trading Regulation 2012
• Health Practitioner Regulation (New South Wales) Regulation 2016
• Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 No 7
• Law Enforcement (Powers and Responsibilities) Act 2002 No 103
• Penrith Local Environmental Plan 2010
• Ryde Local Environmental Plan 2014
• Sutherland Shire Local Environmental Plan 2015
• The Hills Local Environmental Plan 2012

• Towns under siege : developments in Australian takeovers and schemes / Tony Damian and Clayton James (eds)
• Cowen & Zines's federal jurisdiction in Australia / Geoffrey Lindell
• The boundaries of Australian property law / Hossein Esmaeili and Brendan Grigg
• Judicial independence in Australia : contemporary challenges, future directions / Rebecca Ananian-Welsh and Jonathan Crowe (eds)

• New South Wales Law Reports
• Wills & Trusts Law Reports
• Lloyd's Law Reports
• New Zealand Law Reports

• GAR Global Arbitration Review
• Alternative Law Journal
• The Criminal Law Review
• Quadrant
• The Economist
• Hong Kong Lawyer

• Brandis announces inquiry into Indigenous incarceration rate By political reporters Stephanie Anderson and Henry Belot. Attorney-General George Brandis says the incarceration rate of Aboriginal Australians is a "national tragedy" and announces a new examination of the factors leading to the overrepresentation of Indigenous people in prison.

• Most complained about companies in NSW More than a decade in the making, a name-and-shame file which goes live today is dominated by real ­estate agencies — and they are blowing up about it.

• Gambia announces withdrawal from International Criminal Court The Gambian Government says it will withdraw from the International Criminal Court, accusing the world body of ignoring the "war crimes" of Western nations and seeking only to prosecute Africans.

• Law schools urged to reconsider how they prepare students for practice amid concerns about ethics ‘More than one in five law students polled in the UK and the US admit that they would falsify time records for personal and business gain, according to a study of student ethics.’

• Gambler 'ripped off' by deceptive gambling machine, court told By Guy Stayner. Crown Casino will vigorously defend a lawsuit which claimed the venue engaged in deceptive and misleading conduct by designing a poker machine that deliberately tricks gamblers to play and lose.

• Minister apologises for using taxpayer money to chauffeur his dogs Chauffeuring his pets more than 100 kilometres to a country home with a taxpayer-funded driver "doesn't meet community expectations", Victoria's Corrections Minister Steve Herbert admits.

• Property developers are trying to demolosh Kings Cross Nightclubs and turn them into apartments "“Shout out to our government and property developers who have ruined our city."

The latest issue of The Australia Law Journal is now in the library. This issue features the following...

Articles:

• Getting to grips with encroachments on freedoms in commonwealth laws: The ALRC Freedoms inquiry
• Why are decisions on family property so inconsistent?

High Court Reports:

• Alqudsi v The Queen
  • Betts v The Queen
  • Hall v Hall
  • Robinson Helicopter Co Inc v McDermott Sections: Current issues / Conveyancing and property / Overseas law / Environmental law / Recent cases / Book reviews / Obituary

• Gazette No 86 of 26 October 2016 (pages 2872-2873) Published: 26 October 2016
• Gazette No 85 of 21 October 2016 (pages 2870-2871) Published: 21 October 2016

• New York Review of Books
• Public Law
• Restitution Law Review
• Archbold Review
• The Bulletin
• IPBA Journal
• The Australian Law Journal

NSW Notifications

• Week Beginning 24 October 2016

NSW new or updated Bills

• Child Protection (Working with Children) and Other Child Protection Legislation Amendment Bill 2016
• Children and Young Persons (Care and Protection) Amendment (Protection from Serious Offenders) Bill 2016
• Climate Change Bill 2016
• Housing Legislation Amendment Bill 2016
• Justice Portfolio Legislation (Miscellaneous Amendments) Bill 2016
• Land Acquisition (Just Terms Compensation) Amendment Bill 2016
• Mining Amendment (Climate Protection New Coal Mines) Bill 2016
• Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2016
• Statute Law (Miscellaneous Provisions) Bill (No 2) 2016
• Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016

New As Made legislation

• Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016 No 56
• Electricity Generator Assets (Authorised Transactions) Act 2012 - Electricity Generator Assets (Authorised Transactions) Regulation 2016 (2016-630)
• Health Practitioner Regulation National Law (NSW) - Health Practitioner Regulation National Law Amendment (Midwife Insurance Exemption) Regulation 2016 (2016-639) Victorian Government Printer on 12 October 2016
• Hornsby Local Environmental Plan 2013 (Amendment No 10) (2016-634)
• Hornsby Local Environmental Plan 2013 (Amendment No 9) (2016-633)
• Housing Legislation Amendment Act 2016 No 53
• Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 No 54
• Ku-ring-gai Local Environmental Plan 2015 (Amendment No 12) (2016-635)
• Public Authorities (Financial Arrangements) Act 1987 - Public Authorities (Financial Arrangements) Amendment (Investment Powers) Regulation 2016 (2016-631)
• Rockdale Local Environmental Plan 2011 (Amendment No 14) (2016-636)
• Rockdale Local Environmental Plan 2011 (Amendment No 15) (2016-637)
• State Emergency and Rescue Management Act 1989 - Order regarding volunteers taking part in emergency operations (2016-640)
• Statute Law (Miscellaneous Provisions) Act (No 2) 2016 No 55
• The Hills Local Environmental Plan 2012 (Amendment No 37) (2016-638)
• Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57
• Water Management Act 2000 - Water Management (General) Amendment (Miscellaneous) Regulation 2016 (2016-632)
• Water Management Amendment Act 2014 - Commencement Proclamation (2016-629)

"Copyright is Not Inevitable, Divine, or Natural Right" - Last month a significant copyright lawsuit was settled in India that allows academia to continue to provide education for the majority of people. In 2012, a few large textbook publishers had brought a photocopying service and Delhi University to court over the practice of creating unlicensed course-packs and allowing students to photocopy portions of textbooks used in their classes. The Delhi High Court dismissed the case and held that course-packs and photocopies of chapters from textbooks are not infringing copyright, whether created by the university or a third-party contractor, and do not require a license or permission. Beyond the immense benefits to students and academics, the ruling had some interesting wording that gained attention online.

Continue reading via the ALA Intellectual Freedom blog. Article written by Ken Sawdon.

• Accountants' negligence and liability / Simon Salzedo and Tony Singla
• Defining issues in international arbitration : celebrating 100 years of the Chartered Institute of Arbitrators / Julio Cesar Betancourt (ed)
• Pro Bono partnerships and models – a practical guide to what works / Australian Pro Bono Centre
• Goode on commercial law / Ewan McKendrick
• Hayes & Eburn criminal law and procedure in New South Wales / Michael Eburn, Roderick Howie, Paul Sattler and Marissa Hood

Did you know we have resources on arbitration including books, serials, reports and electronic services? The resources available cover

• international arbitration
• commercial arbitration
• industrial arbitration

Latest Books:

• Defining issues in international arbitration : celebrating 100 years of the Chartered Institute of Arbitrators / Julio Cesar Betancourt (ed)
• The role of arbitration in shipping law / Miriam Goldby and Loukas Mistelis (eds)
• Singapore arbitration legislation : annotated / Robert Merkin and Johanna Hjalmarsson
• Jurisdiction and arbitration agreements and their enforcement / David Joseph
• The International Arbitration Act 1974 : a commentary / Malcolm Holmes and Chester Brown
• Australian commercial arbitration / John J Hockley, Clyde Croft, William KQ Ho and Kieran R Hickie