Cases selected for reporting in FLR by V Kline

Sat Apr 26 2008

The following cases will be published in a forthcoming volume of FCR:

Shop Distributive and Allied Employee's Assoc v Karellas Investments Pty Ltd [2008] FCAFC 42 Moore, Marshall, Tracey

Dept of Families, Housing, Community Services and Indigenous Affairs v Jansen [2008] FCAFC 48 Gyles, Stone, Buchanan

Federal Commissioner of Taxation v Lenzo [2008] FCAFC 50 Heerey, Sackville, Siopis

Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60 Finkelstein, Rares, Gordon

Eastman v The Queen [2008] FCAFC 62 Spender, Gray Logan

Sharp v Rangott [2008] FCAFC 45 Gray, North, Besanko �

6 May 2008 �

Federal Court of Australia - new notice to practitioners and practice direction

Sat Apr 26 2008

The Chief Justice of the Federal Court of Australia has issued a new Notice to Practitioners concerning�Case Management and the Individual Docket System and a revised Practice Note concerning Guidelines for Expert Witnesses.

The�attached Notice to Practitioners and Litigants – Case Management and the Individual Docket System was issued�on 5 May 2008. The aim of the Notice is to provide a short, clear set of overarching purposes and principles to be kept in focus at all times by the Court, the profession and the parties.

On 5 May 2008 the Chief Justice replaced the Practice Direction: Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia issued on 6 June 2007 with a new Practice Direction. A copy of the new Practice Direction is�attached.

Copies of both the Notice and the Practice Note are also available from the Federal Court of Australia's website

6 May 2008�


A Message from the President

Wed Apr 23 2008

Proposed amendments to the New South Wales Barristers Rules concerning cross-examination

The Bar Council has considered all the submissions it received on the proposed rule changes together with the remarks made at the general meeting of the Bar on 7 April.� Yesterday it resolved to circulate for comment amendments to the rules that take into account everything that has been said on the subject.

A copy of the new proposal is attached.

Anyone wishing to be heard (whether in support or with other suggestions) should submit his or her comments by email to or by mail to the President at NSW Bar Association, 174 Phillip Street, Sydney. 2000.� All comments must be received by close of business on Friday 16 May 2008.

The new proposal removes the suggested changes to rule 35 so that rule 35 would be unaltered from its present form and adds new rules 35A and 35B.

Rule 35A is directed solely to the cross-examination of complainants who make allegations of sexual assault, whether the proceedings are criminal or civil.� Rule 35B qualifies the operation of the rule and picks up the substance of s 275A(3) of the Criminal Procedure Act and s 41(3) of the Evidence Act (as amended).

The Bar Council will consider any comments it receives on this new draft.� A final position will not be taken until after the time for comment has expired.

Anna Katzmann SC 2 May 2008


Apology to Tania Evers

Wed Apr 23 2008

Today's Sydney Morning Herald carried an apology to Tania Evers of Frederick Jordan Chambers for comments made in the article "Lawyers, mugs and money" which was published on 21 April 2008.

View the apology

2 May 2008

Funeral service for Alex John Clout

Wed Apr 23 2008

Alex Clout of the Crown Prosecutors Chambers in Parramatta died over the Anzac Day long weekend. A funeral service will be held at the All Saints Church, cnr Victoria Road and Elizabeth Street, North Parramatta on Tuesday 6 May 2008 at 1.30pm.

2 May 2008

Recent speeches by the Chief Justice, the Hon J J Spigelman AC

Tue Apr 22 2008

Three recent speeches by the Chief Justice, the Honourable J J Spigelman AC delivered at the University of Queensland�which form the 2008 McPherson Lectures on Statutory Interpretation and Human Rights�have been published on the Supreme Court's website:

1 May 2008

Acting Judge of the NSW Supreme Court

Tue Apr 22 2008

The Administrator-in-Council has approved of the appointment of the Honourable Justice Biscoe�to act as a Judge of the Supreme Court of New South Wales for the period commencing on 28 April 2008 and expiring on 31 May 2008.

1 May 2008�

Ceremony to mark the retirement of the Honourable Justice Mason AC

Tue Apr 22 2008

A formal ceremony to mark the retirement of the Honourable Justice Keith Mason AC as the President of the Court of Appeal will be held in the Banco Court at 9.30am on Friday 30 May.

The ceremony will be notified in the Law List on Wednesday 28, Thursday 29 and Friday 30 May.

1 May 2008

Bench and bar lunch - Tuesday 6 May

Mon Apr 21 2008

The next Bench and Bar lunch at the Hyde Park Barracks Cafe in Macquarie Street will take place on Tuesday, 6 May from 12.45pm.

An arrangement has been struck with the restaurant whereby they will provide a special menu with a selection of three main courses and tea or coffee for $25. Service will be prompt and people who need to return to court will be given special preference to ensure that they can have their lunch comfortably within one hour.�

There is space for 100 people.� Initially 80 places will be reserved for barristers and 20 spaces for judges.�

Seats will be reserved on receipt of $25 (cheques should be made out to the "Hyde Park Barracks cafe").

If you would like to attend, please send your name, email address and money to Samantha Gee, 11th floor Wentworth Chambers, DX 377 SYDNEY and Sam will confirm your booking.� Because we must book the restaurant, refunds are not possible.� Any excess funds will be donated to the Indigenous Barristers' Trust - so either way you will benefit.

Any enquiries about the lunches may be directed to Phil Greenwood SC at

30 April 2008


Appointments to the District Court of New South Wales

Mon Apr 21 2008

The Attorney General has announced that he will be recommending to the Governor the appointment of Mr Leonard Ari Levy SC and Mr Michael Abraham Elkaim SC as judges of the District Court of New South Wales. The appointments will take effect on�15 May 2008.

Details of swearing-in ceremonies will be announced closer to the date.

View the Attorney General's media release

30 April 2008


Family Law Amendment Rules 2008 (No 1)

Mon Apr 21 2008

New Family Law Amendment Rules�have been published by the Commonwealth Government which amend the Bankruptcy Rules to accord with recent amendments to the Federal Court’s rules, amend the costs rules so that the Family Court will no longer regulate lawyer/client costs in certain cases, and includes a new formula for calculating the interest rate in Rule 17.03.

View the Rules

Read the Explanatory Statement

29 April 2008

Vale Alex John Clout (1953-2008)

Mon Apr 21 2008

Alex Clout of the Crown Prosecutors Chambers in Parramatta died over the Anzac Day long weekend. Details of funeral arrangements will be provided when they come to hand.

29�April 2008

Headsets for hearing impaired kits in New South Wales Courts

Sun Apr 20 2008

The Attorney General's Department has advised that barristers using hearing loop equipment at New South Wales courts should only use�court provided headsets. Other varieties of headsets may not be�compatible with the hearing impaired equipment available at the court.

�28 April 2008



Breakfast talk series - Thursday 8 May - Who says how I ought to live?

Thu Apr 17 2008

Law and Gospel In Western Culture

A�new series of breakfast talks by Historian Professor Edwin Judge will address issues relating to law, and our mixed heritage – classical and biblical.

Emeritus Prof Edwin Judge of Macquarie University is one of the leading academic figures in Australia. Professor Judge will be speaking over Thursday breakfasts in May at Silks Coffee Lounge, 170 Phillip St (next to Selborne Chambers). Breakfast from 7:20am, (at own cost), please order by 7.30am –talks commence 7:40am, conclude 8:20am. The second talk in the series will be held on the morning of Thursday 8 May.

Nietzsche considered that the Law of Moses to be illogical and rejected it as an arbitrary obligation which curbed the vitality of the real world. By contrast, the ethics of Greek virtue recognized human merit and creativity. Yet, despite Greek thought and Nietzsche, the western mind still upheld a sense of moral obligation, especially for those in power. The tension between Athens’ ethical virtue and Jerusalem’s morality has been built into the western cultural mind.

Attendance at this event will attract 0.5 points under the Continuing Professional Development Programme

See the flyer for the series�

For more detail see:�

For more information, contact: or 02 9232 8700.

6 May�2008

Briefs from the Commonwealth and its statutory authorities

Thu Apr 17 2008

The Commonwealth Government and many of its statutory authorities (such as Comcare, the ACCC and ASIC) are regular litigants in courts and tribunals in New South Wales, especially the Federal Court and the Administrative Appeals Tribunal.

The Commonwealth controls the rates at which barristers are permitted to charge for their professional services when appearing for the Commonwealth or its statutory authorities (such as the ACCC and ASIC). These rates are, generally, significantly less than a barrister’s commercial rate.�

Members who wish to be briefed by AGS or other firms instructed by the Commonwealth should apply for a Government rate, since this will make it easier for AGS (and other firms instructed by the Commonwealth) to brief them.�

Please see attached Commonwealth Counsel Fee Application form.

24 April 2008

Yoga classes starting next Tuesday!

Thu Apr 17 2008

Yoga classes for New South Wales Bar Association members will be starting up in the week commencing Monday 28th April as follows: � •�Tuesday 7:15am, Bar Association Common Room - BEGINNER •�Wednesday 4:45pm, Bar Association Common Room - BEGINNER •�Friday 1pm, Supreme Court - OPEN � You can still register online for a full term or pay casually – go to�

For those of you unsure about committing to a full term in the same class timeslot, you can still register, and attend the other classes when you're unable to attend the one timeslot you've committed to. � Any enquiries / additional information - please email �

24 April 2008

High Court of Australia - increase in practitioners' room hire charges

Wed Apr 16 2008

The Chief Executive and Principal Registrar of the High Court has advised that from 1 July 2008 charges for the hire of rooms to legal practitioners attending in Canberra for High Court hearings is to increase to $300 per room.�

Photocopying and telephone charges remain unchanged.

�23 April 2008

Practising certificate fees for 2008-09

Wed Apr 16 2008
A message from the president

As I mentioned in my In Brief message of 11 April 2008, Bar Council has approved some sharp practicing certificate fee increases for 2008-2009. The Legal Profession Act 2004 requires us to obtain the approval of the Attorney General for these increases.� On 21 April the Attorney General approved the increases. I am now in a position to notify you of the new fees. A schedule setting out the 2008-2009 practising certificate and membership fees is attached. As I explained in my earlier message, the fee increases are an unfortunate necessity in view of a projected operating deficit for the Association in 2007-2008. The background is that the Bar Council, in March 2007, adopted a budget for the financial year 2007–2008 forecasting a deficit of about $470,000.� Underpinning this budget was a continuing desire to keep increases in Practising Certificate fees to an absolute minimum to alleviate hardship being suffered by many members of the Bar.� Unfortunately, the costs of completing the successful Library renovation have been higher than originally expected.� The Association has also incurred unforeseen taxation liabilities. Overall, despite all endeavours, there is likely to be a deficit for the financial year ended June 2008 in the order of $700,000.� As I have indicated previously, over the past five years the Bar Council has not routinely adjusted the practising certificate fees to keep pace with inflation or to accommodate the additional cost of the Professional Standards levy. Much as we would like to do so, it has not been possible to maintain these artificially low rates. The Bar Council, in adopting the budget for 2008-2009, was strongly of the view that the Association could not continue operating a budget deficit.� We could no longer not pass on the CPI increases and the cost of the Professional Standards levy. We had no choice but to increase the practising certificate fees.� The increases make up for the increases that were not passed on in recent years.� The Council is of course aware that the increases will not be welcome.� Yet there was no responsible alternative. Resignation of Justin Gleeson SC as Treasurer At an extraordinary meeting of the Bar Council held on Friday 18 April to elect a new Treasurer, Alexander Street SC was elected to that position.� He replaces Justin Gleeson SC, who resigned from the position of Treasurer and as a Bar Councillor on 11 April. Although it is not appropriate to go into detail, any suggestion that the Bar Council’s meeting the previous day was conducted inappropriately is rejected.� In accordance with a policy adopted by the Bar Council at the end of last year, that Council meeting had been called to consider solely professional conduct matters.� A further meeting of the Council at which all other matters were open for discussion was scheduled for today.� Due to the memorial service for the late Justice Santow this afternoon, that meeting has had to be postponed to next Thursday. Proposed changes to the New South Wales Barristers’ Rules The extended consultation period on the proposed amendments to the Rules expired on Monday 14 April. On 9 April I established a committee of the Council consisting of the President, the Senior Vice-President, Peter Garling SC, Phillip Boulten SC and Nye Perram SC to consider all written submissions and the comments of those who spoke at the general meeting held on 7 April.� The Committee is reviewing the amendments in the light of all the submissions and comments and will then report to the Council.� The Committee’s recommendations, all the written submissions and the minutes of the general meeting will be placed before the Council which will then debate the issue.� The question will be on the agenda for discussion at the next meeting of the Council on 1 May. Anna Katzmann SC President 23 April 2008 �

Letter to the editor, Sydney Morning Herald (unpublished), 21 April 2008

Tue Apr 15 2008

The president of the Bar Association, Anna Katzmann SC, wrote to the editor of the Sydney Morning Herald concerning yesterday's article by Paul Sheehan entitled "Lawyers, Mugs and Money". The Herald did not publish the letter.� Read the president's letter

The Sheehan article also commented on the conduct of another barrister. That matter is currently the subject of a complaint under the Legal Profession Act 2004 and the case from which the complaint emerged is scheduled for retrial. As a result, it is not appropriate to comment at this time. The Association's silence on this matter should not be taken as assent.

�22 April 2008


Vale Peter James McDowell (1948-2008)

Tue Apr 15 2008

Peter McDowell, formerly of the 7th floor, Windeyer Chambers, died on Friday 18 April. A funeral ceremony will be held on Wednesday 23 April 2008 at 1.15pm at the North Chapel, Northern Suburbs Crematorium, Delhi Road, North Ryde.

21 April 2008