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Bar Association Rhetoric Series: Seminar 2, Tuesday, 5 June 2007 at 5.15pm

Wed May 30 2007

Seminar 2 in the Bar’s Rhetoric Series is to be held on Tuesday 5 June 2007 at 5.15�pm in the Common Room.� The topic is Cicero’s De Oratore and the Philippics.� Justin�Gleeson SC will present the topic.� The seminar will be chaired by the Hon�Justice A R Emmett.� This seminar moves the focus of the series from Ancient Greece to Ancient Rome, which also has much to teach the contemporary barrister.� Following the great success of the first seminar, as the brief conspectus below shows, this second seminar surprisingly reveals some ancient answers to what we assume are modern problems. More information >>

Final Sydney sitting for Callinan J

Wed May 30 2007

Justice Callinan will participate in his final full court sitting in Sydney at 9:30am on Friday 15 June 2007 in Courtroom 19A Law Courts Building, Queens Square. In the past, representatives of the profession have taken the opportunity to mark such an occasion with some short remarks at the commencement of the hearing. The president of the Bar Association, Michael Slattery QC, will speak on behalf of the Bar.

30 May 2007

Graham Freudenberg to conduct rhetoric seminar

Wed May 23 2007

The convenors of the NSW Bar’s Rhetoric Seminar Series are honoured to announce that Mr Graham Freudenberg will be conducting the sixth seminar in the series, which will be entitled "20th Century political Rhetoric: Churchill, Menzies and Whitlam."

The seminar will be held in August but its precise date will be notified once the series is underway.

Mr Freudenberg is one of Australia’s foremost political speechwriters and he has written extensively on the subject of rhetoric in a political context. He was author of a number of landmark political speeches from the Whitlam and Hawke years. Some of these are among the most well known and often studied Australian political speeches such as Gough Whitlam’s 1972 campaign opening speech in the Blacktown Town Hall. His most recent�publication is A Figure of Speech (John Wiley & Sons).

This is another seminar in the series which is not to be missed.

Michael Slattery QC President

Talk to students at Ecole Nationale de la Magistrature in Bordeaux

Mon May 21 2007

Take time out from the Rugby World Cup in 2007 to visit Ecole Nationale de la Magistrature in Bordeaux, a�judicial college�that trains magistrates & prosecutors in southwest France.

This is a wonderful opportunity for Australians to�converse with�future French prosecutors and judicial officers who�want to practise�their English, whilst gaining valuable insights into the French justice system.

For more information, contact Janet Stevenson

21 May 2007

Trade Mission to Hong Kong

Wed May 16 2007

In October this year a small group of representatives of the Australian Bar Association will take part in a trade mission to Hong Kong. The purpose of the mission is to promote Australian barristers to Hong Kong solicitors as another source of advice on legal matters generally and Australian law in particular.

View a letter from the president of the Australian Bar Association>>�

Download a registration form for the Directory of Australian Barristers >>

19 June�2007

15 Bobber - His Hon Judge Robert Toner SC

Wed May 16 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 ph: (02) 9229 1720 if you have any questions regarding the 15 Bobber.

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Disclosure of offences for which penalty notices are issued - PC renewals update #4

Tue May 15 2007

An applicant for the grant or renewal of a practising certificate is not required, pursuant to clause 11(1)(j) of the Regulation, to notify:

•�the issue of a penalty notice, and payment of the ‘fine’ specified without electing to contest the matter in court;� or

•�the issue of an infringement notice as an alternative to prosecution, and payment of the penalty specified amount; or

•�the imposition by the ATO of an administrative penalty.

However, questions of good fame and character and general fitness may arise.�Download PC renewals update #4

ALRC Inquiry into Legal Professional Privilege – Consultation with the NSW Bar Association, Tuesday 22nd May at 5pm

Mon May 14 2007

The ALRC is conducting an inquiry into legal professional privilege in the context of the coercive information gathering powers of federal bodies. On 23 April the ALRC released Issues Paper 33 Client Legal Privilege and Federal Investigatory Bodies. Copies of the IP can be downloaded from the ALRC’s web site at www.alrc.gov.au.

The ALRC is holding consultation sessions on the issues raised in that paper.� They are particularly interested in hearing the views of counsel who have represented persons in investigations conducted by federal bodies with coercive information gathering powers, as well as counsel who have assisted in commissions of inquiry or who have represented federal bodies in cases concerning legal professional privilege.

The consultation session will be held at 5pm on Tuesday 22nd May 2007 in Room 21 of the National Dispute Centre, 233 Macquarie St, Sydney.��

Please RSVP to Chris D’Aeth,�cdaeth@nswbar.asn.au.

Practising certificate renewals: Update #1

Wed May 09 2007

All New South Wales barristers' practising certificates expire on 30 June. Therefore, a new practising certificate has to have been ISSUED before a barrister may practise from 1 July 2007.

For more information, download and view practising certificate renewal Update #1

Letter to the editor, Daily Telegraph (unpublished), 9 May 2007

Wed May 09 2007

The Editor Daily Telegraph

The Daily Telegraph's publication on Saturday of the names of those who provided written character statements for Dr Patrick Power under the headline “Pervert and his 59 Mates” jeopardises the due administration of justice in this state. � With this distorted headline and no explanation about the lawful purpose of character statements in legal proceedings, The Daily Telegraph falsely imputes that the authors of the statements are supporters of criminal conduct. This publication is grossly misleading and vilifies each one of the authors of these statements. It will have the effect of deterring people from providing evidence in this and future cases. � Every day, throughout New South Wales, thousands of people give evidence or provide written character statements for use in our courts by judicial officers when determining criminal sentences according to law. These statements are given in written form for the convenience of the court and with the consent of the prosecution so that their authors do not have to be summoned to give oral evidence as witnesses. They are nevertheless sometimes required to appear as witnesses if the prosecution does not agree to their statements being tendered as evidence or the court wishes to hear from them before passing sentence. � The fifty nine Australian and overseas citizens from many different backgrounds referred to in this publication have been humiliated for performing the simple public duty of offering themselves as potential witnesses to assist the court. Even now the court may wish to hear from some of them in this case in person before passing sentence. This publication is calculated to discourage them from coming to court for fear of further public reprisal.

Justice is also a continuing process. These witness statements are an important ingredient in a fair trial of a criminal defendant. Within the law both sides in a criminal prosecution are entitled to have a fair opportunity to present evidence in their favour. Our system of justice cannot operate fairly if potential witnesses are deterred from giving evidence in future cases for prosecution or defence because they may be publicly punished for doing so.

Protecting witnesses from unwarranted public attack is important for maintaining a fair justice system. All fifty nine of these people deserve the simple protection of an immediate and unreserved apology from the Daily Telegraph for this publication. I hope it will be provided.

Yours faithfully,

MJ Slattery QC President

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"Trial by the Sunday Telegraph": Bar Association media release on 7 May 2007

Mon May 07 2007

Fear not fairness: trial by the Sunday Telegraph

7 May 2007

The Sunday Telegraph's self-proclaimed "legal victory" – its decision to publish the names of those who provided written character statements for Dr Patrick Power - is nothing of the sort.

"The Daily Telegraph and Sunday Telegraph are jeopardising the administration of justice in this state", said the president of the New South Wales Bar Association, Mr Michael Slattery QC.

"During the weekend of 5-6 May, articles were published regarding the trial of Dr Patrick Power. Through a combination of misleading headlines and inadequate explanation about the purpose of character statements, the articles portray the witnesses as accessories to a crime or supporters of criminal conduct", said Mr Slattery.

Every day, throughout New South Wales, thousands of people assist the administration of justice by giving evidence or written character statement to our courts, which may be used when determining sentences.

"Our system of justice cannot operate fairly or efficiently if witnesses are subjected to this kind of public humiliation.

"Through these actions the Daily Telegraph and Sunday Telegraph will deter people in the future from coming forward to give evidence if they fear public humiliation.

"If the editors are as concerned about the administration of justice as they claim, they will surely realise the consequences of their actions over the weekend. They have scored the legal equivalent of an own-goal", Mr Slattery said.

For further information, contact Chris Winslow at the Bar Association on ph: (02) 9229 1732 or mob: 0409 245 369.

New State Coroner Appointed

Fri May 04 2007

NSW Attorney General John Hatzistergos has announced the appointment of Magistrate Mary Jerram as the new State Coroner.

Mr Hatzistergos also announced the appointment of a new Deputy State Coroner, Paul MacMahon.

For more information, view the media release.

Land and Environment Court - New Practice Notes

Thu May 03 2007

New Practice Notes issued by the Chief Judge of the Land and Environment Court.�

  • Practice Note - Class 1 Development Appeals
  • Practice Note - Classes 1, 2 and 3 Miscellaneous Appeals
  • Practice Note - Class 3 Compensations Claims
  • Practice Note - Class 3 Valuation Objections
  • Practice Note - Class 4 Proceedings

The Practice Notes can now be viewed on the Court’s website at http://www.lawlink.nsw.gov.au/lawlink/lec/ll\_lec.nsf/pages/LEC\_index