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Vale - Athol Randolph Moffitt CMG AM QC

Mon Apr 30 2007

25 June 1914 - 26 April 2007

The Hon Athol Moffitt, a former President of the New South Wales Court of Appeal, died on 26 April 2007.

The funeral will be held at St Martin's Anglican Church, Arnold Street, Killara, on Wednesday 2 May 2007 commencing at 11:30am. A private family cremation will follow the service.

P A Selth

Executive Director

Letter to the editor, The Daily Telegraph (unpublished), Friday, 27th April 2007

Fri Apr 27 2007

Luke McIlveen's article concerning Ian Barker QC's role as Patrick Power's counsel in the Local Court ("The silk who wants us to believe we owe child porn lawyer freedom", Daily Telegraph, 26 April) utterly fails to recognise the role of defence counsel in criminal proceedings, and the nature of our criminal justice system. A crucial element of the right to a fair trial, safeguarded by international instruments such as the United Nations International Covenant on Civil and Political Rights, is the right of an accused to competent counsel to act in his or her best interests.

Barristers owe a duty to their client to put the strongest possible arguments in their defence and counsel on both sides - prosecution and defence - are obliged to provide all relevant information concerning the defendant's background and character to ensure that the sentencing court is fully informed.

It is entirely misleading to question Ian Barker QC's defence of Patrick Power, or indeed his role in earlier criminal proceedings. Ian Barker is a senior counsel of the highest ability and integrity acting in his client's interests. Everything he said to the magistrate was based upon the many testimonials tendered in evidence without dispute by the prosecution.

Surely our community expects both the prosecutor and the defence to objectively put the best case forward for their clients?

Michael Slattery QC President New South Wales Bar Association

Federal Court of Australia Practice News No. 20, April 2007

Thu Apr 26 2007

Practice Direction - Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia

On 11 April 2007 the Chief Justice issued a revised Practice Direction.

The revised version aims to ensure that the Guidelines accommodate expert evidence which is 'argumentative' and which might be accepted as submissions rather than as evidence per se.

A copy of the Practice Direction is available on the Federal Court's website.

If you have any queries please contact Philip Kellow, Deputy Registrar, on (02) 9230 8336.

For past issues, visit the Practice News archive.

Practice Note No 26 – Consent orders in proceedings involving a federal tribunal

Tue Apr 24 2007

Practice Note No 26 – Consent orders in proceedings involving a federal tribunal

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On 29 January 2007 the Chief Justice issued Practice Note No 26, a copy of which is enclosed.

The Practice Note deals with consent orders in proceedings involving a federal tribunal.

A copy of the Practice Note is available on the Federal Court’s web site at http://www.fedcourt.gov.au/how/practice\_notes\_cj26.html

15 Bobber - His Hon Judge Robert Toner SC

Mon Apr 23 2007

To celebrate the appointment of His Hon Judge Robert Toner SC to the District Court a 15 Bobber will be held on Friday, 25 May 2007. Speaker will be James Poulos QC. The 15 Bobber will commence at 5.00pm with the speeches at 5.30pm.

Pre-registration is $15 and MUST be sent to the Association by 3.00pm of the day of the function. There may be a limited amount of reservations accepted at the door for $25.

Please click on this link for a Registration Form and return it with payment to the New South Wales Bar Association, DX 1204 SYDNEY or fax 9221 1149.

Please contact Katie Hall on 9229 1720 if you have any questions regarding the 15 Bobber.

2007 Bench & Bar Dinner Invitation - LAST DAY FOR RSVP'S

Mon Apr 23 2007

The President and the Bar Council have the pleasure of inviting all members of The New South Wales Bar Association to the 2007 Bench and Bar Dinner on Friday, 11 May 2007 at Hilton Sydney. The Guest of Honour is The Hon Michael McHugh AC QC. Mr Senior is Peter Garling SC and Ms Junior, Sandra Duggan.

RSVP'S FOR THE BENCH AND BAR DINNER ARE DUE TODAY!

Tickets are $180 per ticket, $140 for Under 5s. Dress is formal. Seating arrangements are provided on a first in basis. Tables of 10 will be accepted, with smaller bookings also accommodated. RSVP's will only be accepted with full payment. Please click on this link for your invitation and return it with your RSVP.

Please contact Katie Hall on 9229 1720 if you have any questions regarding the Bench and Bar Dinner.

2007 Sir Maurice Byers Lecture - TONIGHT, 3 May 2007

Fri Apr 13 2007

The 2007 Sir Maurice Byers Lecture, ‘Theories of Constitutional Interpretation: a Taxonomy’ will be delivered TONIGHT by the Hon Justice J D Heydon AC (Thursday, 3 May 2007) in the Bar Association Common Room.

The lecture will commence at 5.30pm. All welcome. Registration is not required.

Administrative Appeals Tribunal - Guide to Workers Compensation Jurisdiction and Revised Practice Directions

Fri Apr 13 2007

The Commonwealth Administrative Appeals Tribunal has finalised a Guide to the Workers' Compensation Jurisdiction and a Practice Direction relating to section 37 of the Administrative Appeals Tribunal Act 1975. The Guide and Practice Direction will take effect on Monday 30 April 2007.

Copies of the documents can be obtained from the Tribunal's registries or downloaded from the Tribunal's website: www.aat.gov.au

Vale - Preston Saywell

Fri Apr 13 2007

7 December 1920 - 9 April 2007

Preston Saywell, a member of 11 Wentworth 1959 to 1987, died on Monday 9 April 2007.

His funeral will be held on Monday, 16 April at 11.15 am at the Northern Suburbs Crematorium.

P A Selth

13 April 2007

2007 Bench & Bar Dinner Invitation

Thu Apr 12 2007

The President and the Bar Council have the pleasure of inviting all members of The New South Wales Bar Association to the 2007 Bench and Bar Dinner on Friday, 11 May 2007 at Hilton Sydney.

The Guest of Honour is The Hon Michael McHugh AC QC . Mr Senior is Peter Garling SC and Ms Junior Sandra Duggan.

Tickets are $180 per ticket, $140 for Under 5s. Dress is formal.

Seating arrangements are provided on a first in basis. Tables of 10 will be accepted, with smaller bookings also accommodated. RSVP's will only be accepted with full payment.

Please click on this link for your invitation and return it with your RSVP.

Reminder - Swearing In Ceremony for Robert Toner SC

Thu Apr 12 2007

Robert Stephen Toner SC will be sworn in as a District Court judge on Monday, 16 April, 2007 at 9.30 a.m. in Court 21A John Maddison Tower, Level 21, 86-90 Goulburn Street, Sydney. Michael Slattery QC will speak on behalf of the Bar.

The 2007 Sir Maurice Byers Lecture

Tue Apr 10 2007

The 2007 Sir Maurice Byers Lecture, ‘Theories of Constitutional Interpretation: a Taxonomy’ will be delivered by the Hon Justice J D Heydon AC on Thursday, 3 May 2007 in the Bar Association Common Room.

SOLOMON ISLANDS BAR ASSOCIATION RELIEF FUND

Thu Apr 05 2007

As members would be aware, the Solomon Islands experienced a major earthquake followed by a tsunami last Monday. These events resulted in significant loss of life and widespread devastation.

The Solomon Islands Bar Association has appointed a Committee to establish a Relief Fund and raise funds through the profession for disaster relief. The Committee has approached me in order to seek financial contributions from the New South Wales Bar.

I would encourage all members to contribute to the Solomon Islands Bar Association Relief Fund.

Donations should be forwarded to the following account for the Fund: At this stage contributions are not tax-deductible.

National Bank of Solomon Islands Limited Honiara Branch Solomon Islands Account Name: SIBA Tsunami Relief Fund Account Number: 16000000182 Swift Code: NBSISBSB

If you are able to assist, please provide your details and the name of the NSW Bar Association in the banker’s reference, so that receipt can be acknowledged.

Michael Slattery QC

President