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The sun will set on 1 September for two NSW Regulations

Fri Aug 29 2008

The Crimes (Administration of Sentences) Regulation 2008 has been gazetted. This Regulation replaces the Crimes (Administration of Sentences) Regulation 2001, which�will be�repealed on 1 September 2008 by�section 10 (2) of the Subordinate Legislation Act 1989.�View the Regulation>

Also, the Public Trustee Regulation 2008 has been gazetted, replacing the Public Trustee Regulation 2001, which will be repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989. View the Regulation>

29 August 2008

Invitation to the inaugural Memorial John McPhee Debate

Fri Aug 29 2008

The Clinical Unit in Ethics and Health Law is pleased to present the inaugural John McPhee Debate, an annual event designed to encourage discussion on�current health law�and clinical ethics. The topic for this year's debate, which�will be held on Monday, 8 September at the Royal Newcastle Centre, John Hunter Hospital will be: "Should we adopt a no fault system of compensation for medical errors?"

Learn more>

29 August 2008

Government widens parameters for victim impact statements

Thu Aug 28 2008

Attorney General John Hatzistergos�has announced�further changes to�the practice and procedure of presenting victim impact statements. Under proposed amendments to the Crimes (Sentencing Procedure) Act 1999,�victims of a�wider variety of offences will be able�to give a statement, using�more diverse methods of expression, such as photographs and drawings. View the attorney's media release>

28 August 2008

Australian Government response to report on harmonisation of legal systems

Thu Aug 28 2008

Attorney-General Robert McClelland today tabled the Australian Government’s response to the House of Representatives Legal and Constitutional Affairs Committee report into the harmonisation of legal systems within Australia and between Australia and New Zealand. The government says it�will act on 22 of the 27 recommendations, including those in relation to harmonisation of guardianship and succession law, evidence law, consumer protection, privacy and debt collection.

View the�government's response to the report�| View the attorney's media release>

28 August 2008

Cases selected for reporting in NSWLR by the Editor, Bret Walker SC

Thu Aug 28 2008

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

Shorten v David Hurst Constructions Pty Ltd (ACN 107 042 688) [2008] NSWCA 134 (Hodgson JA, Basten JA and Bell JA)

Attorney-General for NSW v Nationwide News Pty Ltd and Another [2007] NSWCCA 307 (Hodgson JA, Hislop J and Latham J)

Equity 8 Pty Ltd v Shaw Stockbroking Ltd and Another [2007] NSWSC 413 (Barrett J)

For further information, please contact the Council of Law Reporting office: office@nswlr.com.au, phone 9266 0768.

28 August 2008

Honorary silk appointments in England and Wales

Wed Aug 27 2008

Whilst the selection process for senior counsel is in full swing here in New South Wales,�in the UK the Ministry of Justice has invited nominations for appointment as "queen's counsel honoris causa" (honorary silk).

According to the ministry's web site, "honorary silk is awarded to lawyers who have made a major contribution to the law of England & Wales outside practice in the courts. This can potentially cover a wide range of activities so, while it is difficult to give a definitive list, we would like to make clear that we are happy to consider accomplishments in any area. Traditionally, honorary silk has been awarded to distinguished legal academics and to some lawyers in public service for achievements beyond their normal responsibilities." Learn more>

27 August 2008

Appointment to the Appeal Division of the Family Court

Wed Aug 27 2008

Justice Stephen O'Ryan (a judge of the Family Court of Australia based in Sydney Registry) has been assigned to the Appeal Division of the Family Court of Australia. Justice O'Ryan was�admitted as a barrister in New South Wales in 1975 and became a queen's counsel in 1990.� On 11 October 1994 he was appointed to the Family Court of Australia.

27 August 2008

Appointment of new acting judge in the District Court

Wed Aug 27 2008

The NSW Executive Council has approved of the appointment of Deputy Chief Magistrate Helen Lorraine Syme as an acting judge of the District Court of New South Wales for the period commencing on 1 September 2008 and expiring on 31 October 2008.

27 August 2008

Criminal law reform: stop being a spectator

Wed Aug 27 2008

The Law Council of Australia and The New South Wales Bar Association will host a Federal Criminal Law Conference on Friday, 5 September 2008 in Sydney. The primary purpose of the one day conference is to generate new ideas for reform of criminal law and procedure at the Commonwealth level. The Sydney conference will also provide the opportunity for the legal profession to develop a 'reform platform' that can be fed into, and presented at, a broader Federal Criminal Law Conference hosted by the Commonwealth Attorney-General’s Department on 30 September 2008 in Canberra.

The format for the event will be reasonably informal, with speakers invited to talk on their nominated topic for approximately 20 minutes - followed by a period of general discussion. The conference will be followed by a dinner for participants and interested barristers and solicitors. The Hon Bob Debus MP, the minister for home affairs, will deliver the conference dinner address.

Download a conference registration brochure>

27 August 2008

Barristers encouraged to attend the Elizabeth Street Blood Donor Centre

Wed Aug 27 2008

The� Australian Red Cross Blood Service is in desperate need for healthy people to give blood. To increase the convenience of donating blood the Australian Red Cross Blood Service has opened a blood donor centre at 20 Elizabeth Street (near Channel Seven).

Members of the Bar are invited to take up the challenge and donate today. Blood donation is completely safe and won't take much time out of your busy working day. If you are time conscious please ensure you make an appointment; it's also best to avoid lunch times.

Pick up your Donor Questionnaire Form from donor reception. The form includes time sensitive information so please ensure it is filled out on the on the day of your donation.

Make a booking today at the Elizabeth St Donor Centre by calling 13 14 95 or visiting the donor centre reception. If you are interested in coordinating a group (chambers) donation please email Amy on ahunt@arcbs.redcross.org.au.

The Australian Red Cross Blood Service needs to collect 21,000 blood donations per week just to ensure there are adequate supplies of blood for those who need it.� Whilst only one in 30 of the Australian population currently donate, around one in three will require donated blood or blood products at some stage in their lifetime.�

Collection hours - whole blood and apheresis

Whole Blood Monday 7.00am - 2.30pm� Tuesday 7.00am - 3.00pm� Wednesday 7.00am - 3.00pm� Thursday 12.00am - 7.00pm� Friday 7.00am - 2.30pm� Saturday 8.00am - 3.00pm 1st Saturday of the month

5 December�2008

Legislation to note: new Crimes (Forensic Procedures) Regulation 2008

Tue Aug 26 2008

The Crimes (Forensic Procedures) Regulation 2008 has been gazetted.�It replaces the provisions of the Crimes (Forensic Procedures) Regulation 2000, which�will be�repealed on 1 September 2008 under the 'sunset' provisions contained in section 10 (2) of the Subordinate Legislation Act 1989. View the Regulations >

26 August 2008

Motor Accidents Authority's mild traumatic brain injury guidelines

Tue Aug 26 2008

The Motor Accidents Authority�and the Brain Injury Rehabilitation Directorate have developed guidelines to assist clinicians in the early identification and management� of adults (>16 years old) with mild traumatic brain injury (TBI). The MAA's web page�for mild traumatic brain injury guidelines features a variety of resources, including clinical flowcharts, assessment tools and care protocols. Learn more>

26 August 2008

Cases selected for reporting in Federal Court Reports by V Kline

Tue Aug 26 2008

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

Australian Securities and Investments Commission v Albarran [2008] FCA 147 Jacobson J

Fellowes v Military Rehabilitation and Compensation Commission [2008] FCAFC 140 French, Moore & Lindgren JJ

SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138 Gray, Gyles, Besanko JJ

Clarke v Federal Commissioner of Taxation [2008] FCAFC 106 Branson, Sundberg, Dowsett JJ

ACCC v Baxter Health Care Pty Ltd [2008] FCAFC 141 Mansfield, Dowsett, Gyles JJ

Victorian Women Lawyers Association Inc v Commissioner of Taxation [2008] FCA 983 French J

26 August 2008

Papers to note: a digest of changes to the Family Law Act 1975

Tue Aug 26 2008

The Commonwealth Parliamentary Library has released Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008, _a bills digest examining the legislation that extends federal jurisdiction under the _Family Law Act 1975 to financial matters arising out of the breakdown of de facto relationships, including both opposite sex and same sex relationships. View the digest>

26 August 2008

Correction: fees owed to counsel

Mon Aug 25 2008

Yesterday's In Brief published a notice that pursuant to s623(2) of the Legal Profession Act 2004 (NSW) a manager�had been appointed to the practice of�Paul Murphy, solicitor.

The notice should have specified that it referred to the practice of the late Paul Kevin Murphy of 5 Stanley Street, Lemon Tree Passage and NOT Paul Murphy and Associates Lawyers�of 900/185�Elizabeth Street Sydney.

In Brief unreservedly apologises to Mr Paul Murphy and regrets any confusion the announcement may have caused.

26 August 2008

Issues in Commercial Construction

Mon Aug 25 2008

Journal of Contract Law 20th Anniversary Conference: Issues in Commercial Construction,�31 October 2008 Opening address: the Hon Sir Anthony Mason AC KBE Session 1: THE CONCEPT OF COMMERCIAL CONSTRUCTION. Chair: Justice Kevin Lindgren Paper 1: Plain Meaning and Commercial Construction. Is Codelfa still a good law? Speaker: Professor David McLauchlan.

Session 2: COMMERCIAL CONSTRUCTION AND CONTRACT FORMATION. Chair: Justice Keith Mason Paper 2: Letters of Intent and Other Preliminary Agreements. Speaker: Professor Michael Furmston Paper 3: The Fourth Category of Masters v Camercon. Speaker: Bret Walker SC

Session 3: COMMERCIAL CONSTRUCTION AND CONTRACT PERFORMANCE. Chair: Tony Coburn Paper 4: Commercial Construction and Good Faith. Speaker: Professor Woody Hunter Paper 5: Implies Terms. Speaker: Professor Elisabeth Peden

Session 4: THE IMPACT OF COMMERCIAL CONSTRUCTION: LITIGATION PERSPECTIVES AND CONTRACT DOCTRINE. Chair: Dr Greg Tolhurst Paper 6: Force Majeure Clauses. Speaker: Donald Robertson Paper 7: Commercial Construction and Contract Doctrine. Speaker: Professor John Carter Closing address: Hon Sir Gerard Brennan

Member: $695.00 Non-Member: $795.00 Dixson Room, NSW State Library, 9.30am-4.45pm

For bookings visit the CLA web site or�phone: (02) 9979 1364

For general enquiries contact:

Max Wilson Chief Executive Officer Commercial Law Association of Australia Ltd Phone: (02) 9979 1364� |� e-mail: maxwilson@cla.org.au� | fax: (02) 9979 1599 GPO Box 5186, Sydney 2001� |� DX 1285 Sydney www.cla.org.au

14 October�2008

District Court changes 2009 and 2010

Mon Aug 25 2008

Beginning July 2009 two District courts will transfer from Penrith to the new Trial Court Complex at Parramatta; and from February 2010 two District courts will transfer from Campbelltown to Parramatta. The net result will be one District Court at Penrith and one District Court at Campbelltown doing short matters and some short trials, and�eight District courts sitting at Parramatta in the Trial Court Complex.���

These changes will also impact on the courts to which committal matters are sent. When the changes are implemented, magistrates presiding over committals will be asked to refer cases arising in the local area commands from Blacktown, Holroyd, Mt Druitt, Quakers Hill and St Marys to Parramatta District Court.�

Matters arising from local area commands at Blue Mountains, Hawkesbury and Penrith are to be committed to Penrith DC.

Matters arising from local area commands at Fairfield, Bankstown, Green Valley, Liverpool and Cabramatta are to be committed to Campbelltown DC; matters from Campbelltown, Camden and Macquarie Fields are to be committed to Campbelltown District Court.

25 August 2008

Indigenous art exhibition in the Bar Association Common Room

Fri Aug 22 2008

You are invited to an exceptional exhibition of fine Indigenous art from the Papunya Region and Utopia people of Central Australia. Ars Musica Australia (AMA), together with the Indigenous Barristers Trust, are hosting an Indigenous Art Exhibition at the Bar Association Common Room. Learn more>

27 August 2008

Proposed merger of Constitutional and Administrative Law sections

Fri Aug 22 2008

It is proposed to merge the Constitutional Law and Administrative Law sections of the New South Wales Bar Association. If the present members of those sections have any comments on this proposal please let either Stephen Lloyd or Kate Richardson know promptly, preferably by e-mail. If any member of the bar wishes to ensure that their name is on the mailing list please e-mail Alan Robertson’s secretary at fiona.piercy@stjames.net.au

28 August 2008