Papers to note: Overview of Professional Indemnity and Public and Product Liability Insurance

Wed Sep 05 2007

This report, produced from the National Claims and Policies Database (NCPD)�provides an overview of the public liability and professional indemnity insurance market. Highlights include data on policies and risks written, claims and trends in average written premium.

The minister for revenue and assistant treasurer, the Hon Peter Dutton MP, has issued a media release,�commenting that "public liability insurance premiums fell on average by 9 per cent in the 12 months to 31 December 2006 and professional indemnity insurance premiums fell on average by 8.7 per cent over the same period".

A copy of the NCPD report is held in the Bar Library. Alternatively, it may be obtained from the National Claims and Policies Database web site��(registration is required, but is free of charge).

5 September 2007

Amendments to the Supreme Court (Corporations) Rules 1999

Wed Sep 05 2007

The following amendments to the Supreme Court (Corporations) Rules 1999, Criminal Appeal Rules, and Supreme Court Rules 1970� were approved at a meeting of the Supreme Court Rule Committee held Thursday, 30 August 2007. They will commence on 1 January 2008.

1���Supreme Court (Corporations) Rules 1999 - (Amendment No 7) 2007

Explanatory note

The object of these Rules is to amend the Supreme Court (Corporations) Rules 1999 to enable a company to be identified in various forms set out in those Rules by reference to its ABN (Australian Business Number).� The amendments (attached below) are in line with changes agreed to be implemented by New South Wales and other jurisdictions to their corporations rules.

2����Criminal Appeal Rules - (Amendment No 1) 2007��������������������������������

Explanatory note

The object of these Rules is to amend the Criminal Appeal Rules so as to require orders under the Criminal Appeal Act 1912 to be entered, and to enable them to be set aside and varied, in ways similar to those for judgments and orders under the Civil Procedure Act 2005.

3����Supreme Court Rules 1970 - Part 51 [Court of Appeal] - (Amendment No 412) 2007����������������������������������������

Explanatory note

On 1 January 2008, the Uniform Civil Procedure Rules 2005 will be amended to include a new Part 51.� The new Part will provide for rules of court for the Court of Appeal.� The object of these Rules is to make consequential amendments to the Supreme Court Rules 1970, including the repeal of the current Part 51 (Court of Appeal).

5 September 2007

Register now to reserve your place in the ABA Residential Advocacy Course

Tue Sep 04 2007

Registrations are now open for the Australian Bar Association’s highly acclaimed Residential Advocacy Course, to be held in Sydney on 21-25 January 2008 at the Macquarie Graduate School of Management. Modeled on the demanding and intensive advocacy training offered each year by the South Eastern Circuit Bar at Keble College, Oxford, this course provides participants with a valuable opportunity to gain intensive, practical advocacy instruction.

The inaugural course, which featured in the April edition of the AFR Magazine, was held at the University of Western Australia in January 2007. Twenty barristers from around the country were instructed by 12 senior practitioners, including nine silk from across Australia and one, Edwin Glasgow QC, from the United Kingdom.

Whilst the first course was open to readers, places in the second course is a more advanced course and places are limited to people with seniority of at least two years at the private bar. There is availability for forty-two barristers from around Australia, who will be instructed by 21 senior practitioners, including Edwin Glasgow QC.

The course will be in the context of a Federal Court commercial case. Over the four days of the course, each barrister will give an opening address, examine in chief three witnesses, cross examine three witnesses and give a closing address. This differs from the 2007 course as there will be no motions and more of a focus on case analysis and cross-examination.

Requirements of each performance will be discussed in group sessions then senior advocates will demonstrate a performance and discuss the strengths and weaknesses of that performance. Barristers then have time to reconsider and refine their preparation for their own performances.

Barrister’s performances will be commented upon by a coach in mock court. They will also be recorded and immediately reviewed with another coach, one on one, in an adjacent room so that particular aspects of the performance, or suggestions for change, can be further discussed and developed. The course provides an abundance of tuition, critique and valuable learning that is otherwise not available.�

Noelle Hurley, from the South Australian Bar, was one of the participants who found the 2007 course professionally very rewarding, ‘The Perth residential advocacy course provided a unique forum to experiment with different techniques and be critiqued in a constructive way, without adverse impact on ‘the client’. It was an incredible opportunity to refine advocacy skills and build professional confidence and self esteem’.

The cost

The registration fee for the 2008 course will be $3,000 (inc. GST), which includes accommodation (from Monday 21 to Saturday 26 January), meals, drinks, course venue and materials.


Registrations for the Sydney course are now open to barristers from all states and territories with more than 2 years at the bar on a first-in basis

To obtain an Information Pack containing a Registration Form, contact Katie Hall at The New South Wales Bar Association on ph: 02 9229 1720 or via e-mail:

For further information, contact the course director, Phil Greenwood SC, on ph: 02 9235 2874 or via e-mail: or Julia Baird, on ph: 02 9231 6731 or via e-mail:

17�September 2007

New Guidelines for the Assessment of the Degree of Permanent Impairment to commence on 1 October 2007

Tue Sep 04 2007

The Motor Accidents Authority of NSW has gazetted the new Guidelines for the Assessment of the Degree of Permanent Impairment, which will commence on 1 October 2007. The MAA Guidelines have been developed for the purpose of assessing the degree of permanent impairment arising from an injury caused by a motor accident.

These latest guidelines are based on the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th ed, 3rd printing (1995).

4 September 2007

Changes to Supreme Court Equity General Division call-overs

Mon Sep 03 2007

One-day call-overs: new procedure as of Monday, 3 September 2007 The call-over for one-day matters is abolished. Hearing dates will be allocated by registrars, usually at the registrar's directions hearing. This is a measure to reduce delays and the cost of litigation.

Practitioners must attend court with suitable hearing dates. Generally, parties are expected to take a date within�three months.

General call-overs: new procedures as of the beginning of Law Term 2008

From 2008 Supreme Court Equity Division call-overs will be abolished. Instead, hearing dates will be allocated by registrars, usually at the registrar's directions hearing. This is a measure to reduce the cost of litigation.

Practitioners must attend court with suitable hearing dates. Generally, parties are expected to take a date within�six months. The range of available hearing dates will be available on the Supreme Court web site.

The call-over scheduled for 14 November 2007 has been moved to 12 December 2007.

This practice does not apply to matters in the Corporation List, the Commercial List, the Technology and Construction list or matters to be heard by associate justices.

3 September 2007

Local Court Practice Note No.6 of 2007: costs of repairs in motor accidents cases

Mon Sep 03 2007

Local Court Practice Note No.6 of 2007 applies to proceedings in the General Division of the Local Court where the issue or one of the issues to be determined is the quantum of damages arising or claimed to arise as a result of a motor vehicle accident. This practice note applies to all matters listed for review on or after�3 September 2007.

Download a copy of Practice Note No.6 of 2007 >>

3 September 2007

New rule for attire in the Court of Appeal commenced today

Mon Sep 03 2007

Members are reminded that from today, 3 September 2007, judges in the New South Wales Court of Appeal will no longer wear wigs. Consequently, barristers will no longer�wear wigs in that court.�

3 September 2007

Rhetoric Series further reading list

Mon Sep 03 2007

The Bar Association's phenomenally successful Rhetoric Series concluded on Tuesday, 28 August, with the seminar by Graham Freudenberg. Those who may wish to learn more about the subject can�download a�comprehensive further reading list, prepared by�Ruth Higgins, one of the course co-ordinators.

3 September 2007

Speeches to note: The Role of the Legal Profession in the Rule of Law, by the Hon Sir Gerard Brennan AC KBE

Mon Sep 03 2007

In this�speech, which�was delivered at the Rule of Law Conference in Brisbane on 31 August, Sir Gerard�reflected on some of the key features of�a�political system which can establish and sustain the rule of law. Further, in comments reported by the Weekend Australian, he�focused on the role of the legal profession in preserving the values of the common law when responding to the threat of terrorism. View Sir Gerard's speech in pdf >>

Other speeches�delivered at�the same conference include Judicial Appointments and Judicial Independence by the Hon James Spigelman AC, chief justice of New South Wales and Independence of the Prosecution by Nick Cowdery AM QC. Visit the Law Council's web site to obtain copies of these and other papers.

3 September 2007

The Tristan Jepson Memorial Lecture

Fri Aug 31 2007

All members of the New South Wales Bar Association are invited to the second Tristan Jepson Memorial Lecture, presented by the University of New South Wales Faculty of Law, to be held on Thursday, 13 September 2007 at 6.00pm in the Banco Court, Queens Square.

The guest speaker will be the Hon Dr Geoff Gallop, professor and director, Graduate School of Management, University of Sydney.

The topic will focus on the challenge of living with a mental illness in a high profile profession. The lecture will be followed by a panel discussion involving the partners of a number of Sydney law firms, chaired by Professor Ron McCallum, dean of law at the University of Sydney.

Register your attendance by 1 September 2007 by e-mailing �

The Tristan Jepson Memorial Programme aims to create awareness, educate and work to remove the stigma of mental illness within the legal profession.

31 August 2007

A summary of APEC related information

Thu Aug 30 2007

Former foreign affairs minister, Gareth Evans,�once�described�Asia Pacific Economic Cooperation (APEC) as 'four adjectives in search of a noun'. The Economic Leaders Meeting in Sydney on 8-9 September has been billed as 'the most important international meeting Australia has ever hosted'. Either way, the conference will have an impact upon the workings of the legal profession. The Bar Association, through regular In Brief articles, has sought to keep members informed of security and court arrangements. The following is a summary of those reports and identifies key sources of information.

1. The Bar Association

The Bar Association will be closed during the public holiday on Friday, 7 September 2007.�

2. Ground zero: the APEC venues

The APEC Economic Leaders Meetings will be held on Saturday, 8 September at the Opera House and Sunday, 9 September at Government House.

The immediate surrounds of both venues, including a portion of the Royal Botanic Gardens, form the Restricted Zone, and will be closed to the public from 6am on Friday, 7 September through 11pm on Sunday, 9 September 2007.


3. Identification and access to chambers�

The Queens Square legal precinct will not form part of the Restricted Zone.

However, there is a foreseeable possibility that�additional restrictions may apply in response to protests or other events.�Further, members can expect the NSW Police will have a strong presence in the city throughout the conference.

On this basis, it would be advisable for those members and staff who work in this area to carry a�Bar Association photo ID, driver's licence or other appropriate identification with them during the APEC Conference period.

4. Obtaining member identification

Members who wish to obtain or renew a member ID card may do so by contacting reception.�For convenience and to facilitate speedier processing, an application form�/ tax invoice may be downloaded from the association's web site.

5. Court sittings

State courts within an area bounded by Manly, Hornsby, Windsor, Penrith, Camden, Campbelltown and Sutherland, with the exception of bail sittings (mentioned below), will not sit during the public holiday on Friday, 7 September. Similarly, the NSW Attorney General’s Department has been advised that Federal and Family courts throughout metropolitan Sydney will also not sit on that day.

Supreme Court of NSW With the exception of Friday, 7 September, the Supreme Court will maintain its standard operating hours (9am to 5pm).

Court sittings will also be unaffected, although in criminal trials, the court is mindful that adjustments may need to be made to the timing of police witness evidence due to their�additional operational requirements during this time.

The Supreme Court will be closed on Friday, 7 September, the designated APEC public holiday. As is the case on other public holidays, duty judges will be available to hear urgent applications. The duty judges' names will be published in the court list in the usual manner.

_District Court

_Criminal�sittings between 27 August and 3 September:

>> Country: Additional sittings confirmed and listed for Albury, Bathurst (sittings at Katoomba), East Maitland, Goulburn, Lismore, Port Macquarie, Queanbeyan, Taree and Wagga Wagga. Sittings originally fixed and sitting at Broken Hill, Coffs Harbour, Griffith, Lismore, Newcastle, Nowra, Orange, Tamworth. Wollongong and Gosford each sitting�one court to deal with short matters.

>> Sydney West: Parramatta, Penrith and Campbelltown each sitting�three courts to deal with short matters.

>> Sydney: Estimated that there will be�six trial courts, one short matters court and�one appeals court sitting.

Civil sittings will continue as normal.

Local Courts

Weekend and weekday Local Court bail sittings will continue over the two week period, including the public holiday planned for 7 September.

All APEC related matters from 27 August to 10 September 2007 will be dealt with at Parramatta Court.

For the period 7 September to 10 September the following will apply:

>> APEC matters from Sydney Police Centre (SPC) will be dealt with via AVL to Parramatta Court 5 >> Non-APEC matters from SPC will be dealt with via AVL to Parramatta Court 5� >> Usual non-APEC matters (from Parramatta/Penrith/Campbelltown) will be dealt with by Parramatta Court 4 in person.� >> Overflow of APEC Matters (transported from SPC to Parramatta Court) in person at Parramatta Court 4.

6. Traffic changes

There will be a number of traffic changes in and around Sydney, beginning as early as 1 September.�A recent�edition of In Brief published a�notification on this subject from the RTA and the NSW Police Force. The Roads and Traffic Authority web site provides�the most detailed and�accessible source of information�on road closures and special event clearways.

Members travelling through Sydney's Kingsford Smith Airport are advised to pay particular attention to periodic lane closures on key roads, including Southern Cross Drive, South Dowling Street and the Eastern Distributor.

7. Maritime exclusion zones

Unfortunately, the yachting fraternity at the Bar can't escape disruption by taking to the�water. Security exclusion zones on Sydney Harbour will apply at certain times. More information can be found from the NSW Maritime web site

Visit the APEC web site

The APEC web site for news and current awareness. In particular, the latest Sydney Bulletin�includes colour coded maps and street directories of road closures and other important information.

30 August 2007

Papers to note: NSW Recorded Crime Statistics, June 2007 Quarterly Update

Thu Aug 30 2007

This report, released today by the NSW Bureau of Crime Statistics and Research, is a quarterly update of trends in recorded criminal incidents in New South Wales.�The report shows trends in 17 major crime categories. View the report >>

Another recent BOCSAR publication, the NSW Criminal Court Statistics Annual Report (released 22 August 2007) is also available online from the BOCSAR web site�

30 August 2007

Sixth Annual Supreme Court Concert, Monday, 24 September 2007

Thu Aug 30 2007

Tickets for this popular concert have been selling fast and there is a limited number of seats available. The concert this year features truly outstanding artists, and music lovers will be disappointed to miss out. If you would like to come, please book without delay.

Date:�Monday, 24 September 2007 Time:�5.15pm for drinks in the foyer,��6.15pm to 7.30pm for the concert Venue:�Banco Court, Level 13 Cost:�$55 per person (including refreshments)

Please make your cheques payable to "Supreme Court Concert" and send to: � Ms M Finter Justice Palmer’s Chambers Supreme Court of NSW GPO Box 3, Sydney� NSW� 2001

12 September 2007


APEC traffic changes in the CBD: how will you be affected?

Wed Aug 29 2007

There will be a number of traffic changes in and around Sydney between 1-10 September for the Asia Pacific Economic Co-operation summit. The Roads and Traffic Authority and NSW Police Force have issued a message outlining the key traffic changes to the road network. Members of the Bar are urged to check these proposed road closures against their anticipated movements during the relevant period.

The latest Sydney Bulletin�(No.5, 16 August 2007)�includes colour coded maps and street directories of road closures and other important information.

29 August 2007

Increased means test thresholds for legal aid from 3 September 2007

Wed Aug 29 2007

Following earlier increases to the means test thresholds in January and August 2006, Legal Aid NSW will introduce further increases to both the income and asset test thresholds with effect from 3 September 2007. Full details of the means test threshold increases will be available on Legal Aid NSW’s web site� from that date.

Overview of other initiatives

In October 2005, Legal Aid NSW introduced a simplified means test for legal aid applicants who receive an eligible Centrelink income support payment at the maximum rate.� Such applicants are able to use their Centrelink statement of benefit as proof of their income� to satisfy the income part of the means test.�

In April 2006, Legal Aid NSW launched an on-line self-assessment tool to assist potential clients, legal practitioners and other service providers to assess financial eligibility for legal aid. Learn more about the Means Test Indicator >>

Legal Aid NSW values the important and valuable contribution private practitioners make to providing legal aid services.� Legal Aid NSW looks forward to continued collaboration with private practitioners to better serve the needs of our community and our clients.

Enquiries can be directed to Lyndsay Brooker, Manager Legal Policy on (02) 9219 5859 or at

29 August 2007


Web update: the Women Barristers

Wed Aug 29 2007

The Women Barristers' Forum was established on 19 June 2004 to assist women at the New South Wales Bar. In 2007�the WBF�became a section of the Bar Association.�

The�forum's�web site, which�includes news about seminars�and a directory of women barristers, has been absorbed into the association's site. Nevertheless, it will retain its distinctive style and will�be readily accessible from a number of pages. �Learn more about the Women Barristers' Forum >>

29 August 2007

Law Council of Australia Media Release re South Pacific Forum

Tue Aug 28 2007

The Law Council’s South Pacific Forum brings together, for the first time, bar leaders, government officials and practitioners from 11 South Pacific nations. View the [media release][1].

[1]: ../../../circulars/MR2407 South Pacific Legal Leaders Descend on Australia for Forum.pdf "Media Release"

Retirement of the Hon Justice R N Talbot

Mon Aug 27 2007

The Hon Justice Talbot�will retire from�the Land and Environment Court on Wednesday, 29 August 2007.� His final sitting will commence at 9.30am in court 11A.

27 August 2007

Vale Mark Macadam QC (1941-2007)

Mon Aug 27 2007

Mark Macadam QC, retired deputy senior crown prosecutor, died on Friday, 24 August 2007�in Lismore.�The funeral will be held on Wednesday, 29 August 2007 at St Carthage's Cathedral, Lismore, commencing at 1pm.

The family has requested that donations, in lieu of flowers,�should be sent to the Cancer Care and Haematology Unit at Lismore Base Hospital, 60 Uralba Street, Lismore, NSW, 2480.

27 August 2007