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Legislation to note: Acts commencing on Friday, 21 December 2007

Thu Dec 20 2007

The Crimes Amendment (Consent – Sexual Assault Offences) Act 2007 and the Crimes (Sentencing Procedure) Amendment Act 2007 will commence on 1 January 2008.�More information >

The uncommenced provisions of the Law Enforcement and Other Legislation Amendment Act 2007 will commence on 21 December 2007. Certain provisions of the Act (relating to amendments to lift the expiry of provisions due to sunset on 15 December 2007) commenced on 14 December 2007. More information>

20 December 2007

Judicial appointments

Thu Dec 20 2007

Paul Ivan Lakatos SC has been appointed�as a judge of the District Court of New South Wales,�effective 30 January 2008.

Magistrate Ian Phillip Barnett has been reappointed as an acting judge of the District Court of New South Wales and as a judge of the Drug Court of New South Wales for the period commencing on 21 January 2008 and expiring on 20 January 2009.

Local Court of New South Wales�

Peter Ignatius Bugden and Margot Gai Stubbs have been appointed as magistrates and as mining wardens, effective 21 January 2008.

Michael Gary Dakin has been appointed as a magistrate and as a mining warden, effective 17 March 2008.

Crown prosecutors

Angela Penelope Bowens, Terence William Hardman,�Braddon Hamilton Hughes and�Liam Michael Shaw have been appointed as crown prosecutors for the period commencing on 1 January 2008 and expiring on 31 December 2014.

20 December 2007

Law Council Supports UN Vote to Halt Executions

Wed Dec 19 2007

The Law Council has welcomed a landmark resolution by the United Nations which calls for an immediate moratorium on executions as a first step towards the universal abolition of the death penalty.

Law Council President Ross Ray QC said, “This historic resolution sends a powerful message that the majority of the world’s nations are not only committed to the abolition of the death penalty within their own jurisdictions, but are also committed to ending executions beyond their borders.”

View the Law Council's media release>

19 December 2007

Swearing in of Lucy McCallum

Wed Dec 19 2007

Lucy McCallum SC will be sworn in as a judge of the Supreme Court at a formal ceremony in the Banco Court at 9.30am on Wednesday, 30 January 2008.

19 December 2007

Try eFiling to avoid building disruptions at the Federal Court registry

Wed Dec 19 2007

During January 2008 there will be extensive building work and noise in the Law Courts Building in Queens Square which may affect the Federal Court�registry.� Any urgent court hearings are likely to be conducted in other buildings with the location to be advised and there may be delays when using lifts.

To avoid these building disruptions, practitioners are strongly encouraged to consider the fax filing or eFiling of Federal Court applications and documents instead of visiting the registry on level 16.

The fax filing number is (02) 9230 8295 for both Federal Court and Federal Magistrates Court (General Federal Matters only).� The fax filing page limit is 50 pages.� Please ensure you attach a credit card authority for documents which attract a filing fee.� A copy of the authority is located on�the�court's�web site.

Federal Court documents (only) can also be eFiled by accessing the Federal Court web site.� The Efiling page limit is 100 pages. � Payments for both fax filing and eFiling can be made using Visa and MasterCard.

A reminder that parties can search for a matter, confirm a listing and obtain other information about filed matters by visiting eSearch on the website.

For more information and troubleshooting please call the Registry on (02) 9230 8567 and ask to speak to a service centre officer.

18 January 2008

�

Position vacant: public defender

Wed Dec 19 2007

**$213,040 per annum plus conveyance allowance of $15,840 per annum

**The Honourable John Hatzistergos MLC, attorney general, is seeking expressions of interest from qualified persons for appointment as a public defender under the Public Defenders Act 1995 for a fixed term that may be renewed.� Public defenders are barristers who appear throughout NSW in trials and appeals for legally-aided persons charged with serious criminal offences.

Selection criteria

Interested persons must be Australian lawyers and must have extensive advocacy experience in a wide range of criminal matters, including trials and CCA appeals; excellent knowledge of criminal law and procedure, and the laws of evidence.

Inquiries: Mr John Stratton SC, deputy senior public defender, (02) 9268 3111.

Expressions of interest, accompanied by a detailed curriculum vitae and the names of at least two referees, should be emailed to appointments@agd.nsw.gov.au by 4 January 2008.� Expressions of interest may also be posted to the atatutory appointments officer, Locked Bag 5111, Parramatta NSW 2124.

19 December 2007

Position vacant: crown prosecutor

Wed Dec 19 2007

$213,040 per annum plus conveyance allowance of $15,840 per annum.

The Honourable John Hatzistergos MLC, attorney general, is seeking expressions of interest from qualified persons for appointment as a crown prosecutor under the Crown Prosecutors Act 1986 for a fixed term that may be renewed.� Crown prosecutors are barristers who conduct, and appear as counsel in, proceedings on behalf of the director of public prosecutions.

Selection Criteria

Interested persons must be Australian lawyers and must have experience as counsel in jury trials and/or appellate advocacy in criminal matters; extensive knowledge of NSW criminal laws, the rules of evidence and relevant Prosecution Guidelines and legal principles applicable to crown prosecutors and the relevant Rules of the NSW Bar Association.

Information packages: Ms Fiona Parsonage, (02) 9285 8879.

Inquiries: Mr Nicholas Cowdery AM QC, director of public prosecutions, (02) 9285 8888.

Expressions of interest, accompanied by a detailed curriculum vitae and the names of at least two referees, should be emailed to appointments@agd.nsw.gov.au by 4 January 2008.� Expressions of interest may also be posted to the statutory appointments officer, Locked Bag 5111, Parramatta NSW 2124.

19 December 2007

Perram SC to join Bar Council

Wed Dec 19 2007

A�vacancy has arisen on the Bar Council as a result of the appointment of McCallum SC to the Supreme Court.� McCallum SC gave formal notice of her resignation from the Bar Council to the president last Thursday, 13 December.

Clause 12.5.1 of The Constitution f the New South Wales Bar Association provides:

  • If any casual vacancy occurs in the Bar Council, it shall be filled by the eligible candidate willing to serve who received the next highest number of votes in their category at the preceding election of the Bar Council.

The person receiving the next highest number of votes in the recent Bar Council election was Nye Perram SC.� Perram SC has indicated his willingness to fill the vacancy created by McCallum SC.� Perram’s appointment will take effect immediately.

19 December 2007

�

Reminder: new procedures in the NSW Court of Appeal

Wed Dec 19 2007

The new Court of Appeal Rules (UCPR Pt 51) commenced on 1 January 2008.� Accompanying Court of Appeal forms (UCPR 101 to 106) can be located at the Attorney-General’s Department's UCPR web site.

A new Practice Note will be promulgated early in the new law term.

29 January 2008

Essential Christmas reading for the Bar

Fri Dec 14 2007

Bar News Summer 07/08 edition is out now. All chambers with a nominated DX address should have received copies by today. Members interstate or overseas should receive their copy shortly. If your chambers has not received its copies, please contact the Bar Association's publications manager.

The summer edition includes the usual mix of the informing and the distracting. It features�articles on capital punishment and Australian foreign policy, a Charter of Rights, the costs of mega-litigation and women at the Bar.

As well, there is the usual coverage of recent developments in the law, features on life at the Bar, practice issues, interviews, book reviews and obituaries.

Bar News is a journal by members, for members. All contributions are welcome and should be addressed to the editor, Andrew Bell SC, DX 377 Sydney.

Good reading and merry Christmas.

14 December 2007

In Brief to scale down next week

Fri Dec 14 2007

In Brief will suspend its daily publication in the lead up to World Youth Day. The normal�service will resume on� Monday, 21 July 2008. During the week, occasional In Briefs will be published if and when the need arises.

To contact the editorial team, send an e-mail to: inbrief@nswbar.asn.au

11 July 2008

Recent House of Lords decisions

Fri Dec 14 2007

The following opinions of the lords of appeal�are available on the House of Lords web site:

Saber (AP) (Appellant) v Secretary of State for the Home Department (Respondent)�[2007] UKHL 57�12 December 2007�

R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent)�[2007] UKHL 58�12 December 2007�

For more information on House of Lords judgments, visit the Westminster Parliament's web site>

14 December 2007

Redesigned civil forms

Thu Dec 13 2007

The Uniform Rules Committee has approved redesigned civil forms for use from:

>> 1 January 2008 in relation to forms relating to the Court of Appeal, and >> 29 January 2008 (commencement of Law Term) in relation to the remaining forms.

Courts will continue to accept documents prepared in accordance with the old approved forms until 30 April 2008.

UCPR Amendments Information regarding amendments to the Uniform Civil Procedure Rules were published in In Brief upon their gazettal on 7 December 2007.

Uniform Civil Procedure Rules (Amendment No 19) 2007: view the explanatory note >

Uniform Civil Procedure Rules (Amendment No 20) 2007�: the object of these Rules is to amend the Uniform Civil Procedure Rules 2005 in connection with the application of Parts 3–9 of the Civil Procedure Act 2005 to the Land and Environment Court. View the explanatory note>

13 December 2007

Appointments to the New South Wales Supreme Court

Thu Dec 13 2007

Lucy McCallum SC has been appointed to the Supreme Court of NSW, while the Hon�Justice Virginia Bell will move to the Court of Appeal. Justice Bell, who has been a Supreme Court judge since 1999, will replace Justice Kim Santow, who is set to retire from the Court of Appeal at the end of the month.�McCallum SC will be sworn in as a Supreme Court judge at Common Law, filling the position left by Justice Bell.

View the attorney general's media release>

13 December 2007

Papers to note: dust diseases claims resolution data

Thu Dec 13 2007

In response to a review of the dust diseases claims resolution process, the New South Wales Government now publishes data�on the operation of the CRP every 12 months.��Dust Diseases Claims Resolution Process: Data for 2006-07�relates to the second full 12 months during which the CRP operated (i.e. between 1 July 2006 and 30 June 2007). This data was released on�Monday, 10 December 2007.

More about the claims resolution process>

13 December 2007

Commencement of certain legislation

Thu Dec 13 2007

The Bail Amendment Act 2007 will commence on 14 December 2007.�The Law Enforcement (Powers and Responsibilities) Amendment Act 2007 and the Law Enforcement (Powers and Responsibilities) Amendment (Authorised Officer’s Name) Regulation 2007 will commence on 17 December 2007.� More information>

Courts Legislation Amendment Act

The following provisions of the�Courts Legislation Amendment Act 2007 will�commence on 14 December 2007:

>> Schedule 1 – Administrative Decisions Tribunal Act 1997 – which allows a document signed by the parties to be admitted as evidence of an agreement or arrangement reached during a mediation session and deals with the making of practice notes.

>> Schedule 2 – Civil Procedure Act 2005 - Items 3 and 4 – which amends s76 dealing with the settlement of proceedings commenced by or on behalf of, or against, person under legal incapacity.

>> Schedule 4 – Coroners Act 1980 – which allows the state coroner to provide assistance to, and request assistance from, a coroner in another state or territory

>> Schedule 5 – District Court Act 1973 – which enables the registrar of a Local Court to exercise the functions of a registrar of the District Court (and to make similar provision with respect to the deputy registrars and officers)

>> Schedule 7 – Local Courts Act 1982 – Items 1 to 3 and 5 – which enables a registrar of the District Court to exercise the functions of the registrar of a Local Court (and to make similar provision with respect to assistant registrars and officers).

>> Schedule 8 – Supreme Court Act 1970 – which deals with the appointment of an acting chief justice and enables the registrar of the Court of Criminal Appeal to exercise the powers of a registrar of the Supreme Court (and to make similar provision with respect to the officers).� ������� The following provisions will commence on 28 January 2008:

>> Schedule 2 – Civil Procedure Act 2005 - Items 1, 2, 5 to 14 – which deals with the membership of the Uniform Rules Committee and the transfer of civil proceedings from the Supreme Court to the Land and Environment Court

>> Schedule 6 – Land and Environment Court Act 1979� which facilitates the Land and Environment Court adopting the civil procedure regime.

>> Schedule 9 – consequential amendments to the Community Land Management Act 1989 and the Legal Profession Regulation 2005 as a result of the Land and Environment Court being brought into the civil procedure regime.

13 December 2007�

Retirement of the Hon Justice Santow AO

Thu Dec 13 2007

The Hon Justice Santow AO will retire as a judge of appeal of the Supreme Court on 31 December 2007. A formal ceremony to mark this occasion will be held in the Banco Court at 9.30am tomorrow, 14 December 2007. Attorney General Hatzistergos will speak on behalf of the Bar.

13 December 2007

Vale the Honorable Gordon Samuels AC CVO QC (1923-2007)

Tue Dec 11 2007

The Hon Gordon Samuels AC CVO QC, former Governor of New South Wales, Justice of the Supreme Court of New South Wales and President of the New South Wales Bar Association, died on Monday, 10 December.

Family and friends are invited to attend his funeral service, to be held in the South Chapel of the Eastern Suburbs Crematorium and Memorial Park, Military Road, Matraville on Thursday 13 December commencing at 11.15 am. No flowers by request.

11 December 2007

Life membership for Michael Slattery QC

Fri Dec 07 2007

On 29 November 2007 the Bar Council resolved by acclamation that Michael Slattery QC, the association’s immediate past-president, be appointed a life member of the Bar Association for his exceptional service to the Bar Association and to the profession of the law.

Other life members >>

7 December 2007

Provisions of the Criminal Legislation Amendment Act 2007 commence today

Fri Dec 07 2007

The following provisions of the Criminal Legislation Amendment Act 2007 commence today, following their gazettal.

_Criminal Procedure Act 1986: _to make further provision for pre-trial disclosure requirements and ensure that the withdrawal of a matter by the prosecution does not prevent later proceedings in respect of the same matter against the same person.

Criminal Appeal Act 1912: to make further provision for Crown appeals that are dealt with in the absence of the respondent.

Crimes Act 1900: to create a new offence of supplying explosives and increase the existing penalty for possessing or making explosives.

Drug Misuse and Trafficking Act 1985:�_to prohibit the possession of instructions about how to make prohibited drugs and�remake uncommenced provisions of the _Drug Misuse and Trafficking Amendment Act 2006.

Amendments to the Drug Misuse and Trafficking Act 1985 relating to the possession of precursors and drug manufacture apparatus will not commence until supporting regulations have been developed.

7 December 2007