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Julius Stone Institute of Jurisprudence Guest Speakers Program

Tue Sep 30 2008

The Julius Stone Institute of Jurisprudence at the University of Sydney Law School presents its Guest Speakers Program:

23 October 2008: Professor Tom Campbell - ‘Rescuing Human Rights (from Human Rights Lawyers)’

13 November 2008: Professor Martin Krygier - ‘Ideals in the World: An Appreciation of Philip Selznick’s Humanist Science’

5 December 2008: Professor Nicola Lacey - ‘Psychologising Jekyll, Demonising Hyde: The Strange Case of Criminal Responsibility’

Download a full program and RSVP details.

Forthcoming conference

‘Free Will: Moral Responsibility and Legal Responsibility’, Saturday, 15 November 2008, Sydney Law School. Speakers will include Justice David Hodgson and Dr Chris Birch SC.

Further details will be posted on the JSI web site as they become available.

23 October 2008

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Distinguished speakers to present papers on justice in Indigenous communities

Tue Sep 30 2008

Rex Wild QC, former DPP for the Northern Territory and co-chair of the NT Government's Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, will be�one of�the many distinguished speakers at the 11th International Criminal Law Congress, set to take place on 8-12 October. Mr Wild will present a paper on "Justice in Indigenous Communities: Twenty First Century Solutions - A Northern Territory Perspective".

Mr Wild will be joined by an overseas guest speaker, Shannon Smallwood, crown prosecutor, Public Prosecution Service of Canada, Northwest Territories. Ms Smallwood will speak on the topic: "Aboriginal People and Criminal Justice in Canada: The Northwest Territories Experience".

Since 2000,�she�has worked as a crown prosecutor�in Yellowknife, Northwest Territories except for a brief period working in Ottawa. She is a Sahtu Dene originally from the Northwest Territories.

President� Anna Katzmann SC will chair�the session, which will be held on Saturday, 11 October at 10.30am�

The International Criminal Law Congress will feature other interesting sessions on topics as diverse as white collar crime, international war crimes trials, online crime�and detention of forensic patients. Download a programme or visit the conference web site to register. Places are still available.

30 September 2008

Opening Address and Closing Argument Workshop Series

Tue Sep 30 2008

‘Opening Address and Closing Argument’ will be the focus of a workshop series being held at the Bar Association in October. The workshops�are designed to build�practical skills in the writing and delivery of trial elements. The sessions are akin to an ‘actors’ workshop’, and participants practise and analyse structures and delivery styles using�civil and criminal case studies. Registration closes at 12 noon tomorrow, 1 October. Attendance at all four workshops is recommended. To find out more about the series, download a leaflet and to reserve your place, download a registration form.

30 September 2008

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New security screening introduced in ACT courts and tribunals

Mon Sep 29 2008

New 'airport-style' security measures will be introduced today at courts and tribunals in the Australian Capital Territory.�ACT Attorney General Simon Corbell said: "From today, all people arriving at ACT Law Courts will be subject to security screening and will have their baggage scanned by an X-ray machine".

"I encourage all court users to make allowances for the extra security measures when attending court, especially at peak times, by arriving at the courts earlier. In the initial weeks of operation there may be slight delays while the new measures are implemented", the attorney said.

View Attorney General Simon Corbell's media statement >

29 September 2008

Appointment of new ICAC inspector

Mon Sep 29 2008

The New South Wales Government�today announced the appointment of former District Court judge�Harvey Cooper as the inspector of the Independent Commission Against Corruption. Mr Cooper takes over from Mr Graham Kelly, who has held the position since July 2005. View the premier's media release>

29 September 2008

Nominations for election of the 2009 Bar Council

Mon Sep 29 2008

Nomination forms for election of the 2009 Bar Council were posted on Friday 26 September to all members of the Bar Association eligible to nominate or be nominated.� Any member who has not received their nomination form by the morning of Friday, 3 October 2008 and who wishes to nominate should contact the association’s projects officer, Ms Kim Kemp, on ph: (02)�9232 4055 or kkemp@nswbar.asn.au. Nomination forms are also available from the Bar Association's Reception. Nominations close at 4.00pm on Monday 20 October 2008.

29 September 2008

Reforms to Australia's military justice system

Fri Sep 26 2008

The Senate Standing Committee on Foreign Affairs, Defence and Trade has tabled�its fourth and final progress�report on reforms to Australia's military justice system. Citing the Australian Defence Force's�"history of failed reforms" to military justice, the committee was concerned with ensuring that reforms promised in 2005 will be successfully implemented. The report�contains 13 recommendations and a number of suggestions. View the report>

26 September 2008

Opposition calls for review of Bail Act

Fri Sep 26 2008

Shadow Attorney General and Shadow Minister for Justice Greg Smith SC has called on the New South Wales Government to conduct a full review of the Bail Act 1978.

“Section 36C of the Bail Act needs to be amended to ensure that it is consistent with section 11 of the Children’s Criminal Proceeding Act so that the name of children in court proceedings are not published", Mr Smith said. Learn more>

26 September 2008

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Papers to note: Evidence Amendment Bill 2008

Fri Sep 26 2008

The Senate�Standing Committee on Legal and Constitutional Affairs has tabled its report on the Evidence Amendment Bill 2008. On 18 June 2008, the Senate referred the provisions of the�Bill� to the committee.�The Evidence Amendment Bill 2008�amends the Evidence Act 1995 to implement the majority of recommendations made by the Australian Law Reform Commission, the New South Wales Law Reform Commission and the Victorian Law Reform Commission as a result of their inquiry into the operation of the uniform Evidence Acts. View the report�>

26 September 2008

Victorian WorkCover review released for consultation

Fri Sep 26 2008

The first independent review into Victoria’s workers compensation legislation in over 20 years was released for community consultation today. The inquiry, conducted by�Peter Hanks QC, received�over 150 submissions.�The report contains in excess of 150 recommendations for further consideration.

Minister for WorkCover Tim Holding said: “While we have the best workers compensation system of any jurisdiction in Australia, we will look to this process for further ways to improve the support and services provided to injured workers and reduce the administrative burden on Victoria’s employers.”

View the Accident Compensation Act Review Report >

26 September 2008

Abolition of electronic lodgement fee in family law matters from 1 October 2008

Fri Sep 26 2008

The Legal Aid NSW Board has approved the abolition of the Electronic Lodgement Fee (“ELF”) payable to private legal practitioners in Commonwealth family law matters. The ELF was introduced in 2003 for private practitioners in Commonwealth family law matters, who were paid the sum of $80.00 for each approved legal aid application that was lodged electronically. The payment was introduced in part as an incentive to encourage use of the Grants Online system. It was subject to the ongoing availability of Commonwealth funds and is not paid for legal aid applications in other areas.

Since the introduction of the electronic lodgement fee, the use of information technology for a range of business activities, including electronic commerce, has increased significantly.� Electronic lodgement of grant applications is now consistent with the way in which many other transactions are commonly performed.

In addition, in recent years Legal Aid NSW has faced increasing pressure on available funds in Commonwealth matters. In light of these factors, Legal Aid NSW has decided to abolish the ELF.

Commencement date

The new policy will be effective for all applications submitted on or after 1 October 2008. A family law application submitted before that date and approved after that date will still qualify for the ELF.

Enquiries

Enquiries can be directed to Mary Whitehead, acting director grants, on ph: (02) 9219 5114 or by e-mail at mary.whitehead@legalaid.nsw.gov.au

26 September 2008

NSW Government examining appeals from the Local Court

Thu Sep 25 2008

Attorney General John Hatzistergos�is considering 17 recommendations on changes to the�management of court appeals and reviews,�contained in an Attorney General's Department report on the statutory review of the�Crimes (Appeal and Review) Act 2001 The attorney cited as an example, appeals from the Local Court to the District Court.

"I am concerned defendants too often use Local Courts to test their case, only to appeal if they don't like the sentence handed down by a magistrate", he said.

The New South Wales Bar Association made a submission to the review.�The AG's office has indicated that the association will be consulted further.

View the attorney's media release� |� View the report>

25 September 2008

Changes to compensation for victims of unlawful discrimination

Thu Sep 25 2008

The maximum compensation pay-out for victims of unlawful discrimination will more than double under legislation introduced into the New South Wales Parliament today. Attorney General John Hatzistergos said�amendments to the Administrative Decisions Tribunal Act 1997 would give the Tribunal the power to award victims up to $100,000 if unlawful compensation was proven. View the attorney's media release� |� View the Bill>

25 September 2008

New South Wales Government adopts equitable briefing policy

Thu Sep 25 2008

The New South Wales Government has formally adopted�the Equitable Briefing Policy for Female Barristers and Advocates. This policy, formulated by the Law Council of Australia, shall be "applied by both clients and legal practitioners (including in-house counsel) throughout NSW Government agencies".

The object of the policy is to "maximise choices for legal practitioners and their clients, promote the full use of the Independent Bar, and optimise opportunities for practice development of all counsel or solicitor advocates".�

"The adoption of equitable briefing practices", the document says,�"can play an important role in the progression of women in the law, the judiciary and the wider community".

View the briefing policy>

25 September 2008

EPLA Conference, Bangalow, 17-18 October

Thu Sep 25 2008

The Environment and Planning Law Association (NSW) is holding its 2008 annual conference in the heritage village of Bangalow in the Northern Rivers hinterland on 17-18 October. The speakers at the conference will be addressing issues relevant to all persons interested in environment and planning law in NSW, and will focus on:

>> climage change in the development assessment process; >> biodiversity banking; and >> rural, coastal and regional issues.

In addition, the conference will feature its regular session on recent developments in planning and development law.

The dinner is being held on 16 October at the Pacific Dining Room, in the famous Beach Hotel, Byron Bay.

For more information about the conference program and�activities, or to register, download a brochure>

10 October�2008

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

Thu Sep 25 2008

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

Sydney West Area Health Service v Staracek [2008] NSWSC 744 Perpetual Trustee Company Ltd and Another v Agusta Pty Ltd [2008] NSWSC 646

R v Boujaoude [2008] NSWCCA 35 Najdovski v Crnojlovic [2008] NSWCA 175 Mahenthirarasa v State Rail Authority of New South Wales (No 2) [2008] NSWCA 201

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

25 September 2008

Sexual assault trials: has the pendulum swung too far against the accused?

Wed Sep 24 2008

At forthcoming�International Criminal Law Congress, Daily Telegraph journalist Lisa Davies will join Stephen Odgers SC and Margaret Cunneen SC for what is sure to be a lively panel discussion on sexual assault trials, to be moderated by Annie Cossins of the University of New South Wales. The session takes place on Saturday, 11 October at 1.00pm. View the conference program or visit the web site to register. Attendance at the congress will attract one CPD point per hour, up to a maximum of six points.

24 September 2008

Facilities at King Street and Darlinghurst Court complexes

Wed Sep 24 2008

In response to approaches from the Bar Association, the NSW Attorney General’s Department has provided details of the rooms available for practitioners at King Street and Darlinghurst Court complexes.

King Street Court

There is an area in the ‘Old Probate Rooms’ on Level 1 which has been refurbished and contains two suites of rooms, one for prosecution and one for defence counsel.� This is a secure area and can only be accessed by swipe card.� Access to these facilities can be arranged through the Sheriff's officers at King St.� This area is ideally located for Courts 2 & 3 and the Bail Court (Court 1).� The department is planning additional rooms for use by prosecution and defence counsel near the Old Banco Court as part of the planned refurbishment of that court. The department has also advised that there are also a number of rooms available near Court 5.

Darlinghurst Court � The department has advised the main robing room located between courts 3 and 5 is available for the exclusive use of defence counsel. Suitable signage will be arranged so that it is clear that this room is for the use of barristers as a robing room.�Rooms are available for the use of defence counsel near Court 7 and outside courts 1 and 2.� Access to these rooms can be arranged by contacting the Sheriff’s officers at Darlinghurst Courthouse.�

24 September 2008

Bar Council election timetable

Wed Sep 24 2008

This circular serves as a preliminary notice for the forthcoming election of the 2010 Bar Council. The election timetable includes dates for opening and closing of nominations, as well as the annual general meeting.

View the preliminary notice>

23 September 2009

Reminder: 2008 Hal Wootten Lecture to be held on 16 October 2008

Wed Sep 24 2008

The 2008 Hal Wootten Lecture will be delivered by Emeritus Professor Hal Wootten AC QC.�His topic will be�‘Living in the Law'; a personal account�of�the perennial challenges that face everyone who chooses a life in the law, based on his 20 years practice at the NSW Bar, eleven as a Supreme Court judge, three as a royal commissioner and three as a deputy president of the National Native Title Tribunal. The annual Hal Wootten Lecture was established in 2006 by the Faculty of Law at the University of New South Wales in honour of its founding dean. Previous speakers have been His Excellency Dr Jose Ramos-Horta, (then) Prime Minister of Timor-Leste and Justice Michael McHugh.�Learn more >�

14�October 2008

Fees owed to counsel - Avondale Lawyers

Tue Sep 23 2008

Pursuant to s623(2) of the Legal Profession Act 2004 (NSW), the Law Society of New South Wales has appointed a�manager to the law practice of Avondale Lawyers, 25 O'Connell Street, Parramatta. The practice is still operating. Counsel with outstanding fees should contact the manager, Mr Shafic Jack Eid of Messrs Regency Lawyers, Suite 3, Level 1, 76 Phillip Street, Parramatta, as soon as possible.

Whilst the manager will do whatever can be done to assist counsel to recover fees, it is each counsel's responsibility to ensure the adequacy of his or her commercial arrangements with instructing solicitors and the manager may not be able to assist.

23 September 2008

Tue Sep 23 2008

On top of the new parenting laws, the NSW Government has reformed almost 50 other laws that extend equal rights and obligations to de-facto couples.

Bench and Bar v Solicitors chess match

Tue Sep 23 2008

The Bench and Bar v Solicitors chess match for the Terry Shaw Shield is to be played on 16 October at 5.45 pm.� If you are interested in playing please contact Gordon McGrath at mcgrath@stjames.net.au or ph: (02) 9335 3022 or team captain Robert Colquhoun.

23 September 2008

National Access to Justice and Pro Bono Conference, 14-15 November 2008

Tue Sep 23 2008

The Law Council of Australia and the National Pro Bono Resource Centre have teamed up again to host the second National Access to Justice and Pro Bono Conference, to be held on 14 and 15 November 2008 in Sydney. The conference will centre on the key theme of "Working Together".

About $250 million of work was undertaken on a pro bono basis by Australian solicitors in 2007, and this figure continues to rise. On average, this amounts to every solicitor giving one week each year of their time free of charge to the community.

These figures demonstrate how active the legal profession is within the pro bono arena. Over the course of this two-day conference, you will hear from leading legal practitioners covering topics including:

  • improving the accessibility of justice for the Indigenous people and other disadvantaged litigants;
  • legal funding models;
  • access to justice in rural, regional and remote areas; and
  • a�review of the jurisdiction of the Federal Magistrates Court.

The full program can be found at www.a2j08.com.au along with the registration form. A "book�four get the�fifth free" offer is available for the duration of the booking period with the early bird period due to close soon.

6 November�2008