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Practice Note: District Court Sydney Civil List

Wed Oct 22 2008

Practice Note DC (Civil) 13 took effect on 1 September 2008. All members practising in the civil jurisdiction of the District Court of New South Wales are encouraged to read it carefully. Amongst numerous matters, the Practice Note makes it clear that all cases, apart from proceedings in the Defamation and Child Care lists, will be the subject of early pre-trial conference within two months of filing of the Statement of Claim.� Any lawyer appearing at a pre-trial conference will be required to have a detailed knowledge of the case and of the general availability of all relevant witnesses.

Hearing dates are expected to be allocated not earlier than 8 months from filing and not later than 11 months from filing.

There is a risk of personal costs orders if matters are not ready to proceed in accordance with the Practice Note.

It would be opportune for members to talk to their instructing solicitors to encourage early conferences to facilitate early advices and thereby ensure compliance with the Practice Note.

The Bar Council has resolved to keep the operation of the Practice Note under review, in order to bring any practical problems arising to the attention of the Chief Judge.

Members are requested to bring any examples of difficulties arising under it to the attention of Alastair McConnachie, Director, Law Reform and Public Affairs at amcconnachie@nswbar.asn.au

22 October 2008

Legislation to note: Civil Liability Legislation Amendment Bill 2008

Wed Oct 22 2008

The Civil Liability Legislation Amendment Bill 2008 has been introduced to the Legislative Council and received the minister's second reading speech. The object of this Bill, as provided by the explanatory�notes,�is to amend the Civil Liability Act 2002 (the Act) as follows:

(a) to require a person who may have a claim for damages against a protected defendant (the Department of Corrective Services and certain other public sector defendants) in respect of an injury to an offender in custody:

(i) to notify the protected defendant within 6 months of the incident that gives rise to the claim, and

(ii) to provide certain information about the incident to the protected defendant,

(b) to provide that Part 2A of the Act (Special provisions for offenders in custody) extends to a claim in relation to a tort for which the protected defendant is vicariously liable,

(c) to make it clear that the general limitation on the Act’s application to intentional acts does not interfere with the operation of Part 2A (in particular the operation of that Part in respect of victim claims that involve intentional acts),

(d) to make changes to the system under which a victim of an offender can make a claim against damages awarded to the offender against a protected defendant, including: increasing the period within which a victim can make such a claim from 6 months from the date the offender was awarded damages to 12 months from that date, and

(ii) authorising the Commissioner of Police to provide information to the protected defendant about persons who may have a victim claim against the offender, and replacing the requirement that the protected defendant must notify victims within 28 days after damages are awarded to the offender with a requirement that the notification be given as far as practicable within 28 days (so as to facilitate the notification of victims who are identified outside the 28-day period), and providing that offender damages are to be held in trust by the Public Trustee (rather than the protected defendant),

(e) other minor and miscellaneous amendments.

The Bill also amends the Civil Liability Act 2002, the Motor Accidents Act 1988 and the Motor Accidents Compensation Act 1999 to make it clear that damages are to be awarded for gratuitous attendant care services only if the services are provided (or to be provided) for at least�six hours per week and for at least�six consecutive months. The amendment overcomes the effect of the Court of Appeal decision in Harrison v Melhem [2008] NSWCA 67.

Download a copy of the Bill>

22 October 2008

Appointment of acting judges to the Supreme Court

Wed Oct 22 2008

The Honourable Acting Justice Studdert�has been reappointed as an acting judge and acting judge of appeal of the Supreme Court of New South Wales for the period commencing on 5 November 2008 and expiring on 4 November 2009.

His Honour Judge Hulme SC,�has been appointed�as an acting judge of the Supreme Court of New South Wales for the period commencing on 3 November 2008 and expiring on 19 December 2008.

22 October 2008

Candidates for the 2009 Bar Council

Wed Oct 22 2008

Whilst it may not compare with the excitement of�the US presidential race, ballot papers for the election of the 2009 Bar Council will be sent via Australia Post on the afternoon of Friday, 24 October�(deliverable the following week) to all those eligible to vote.

The following list contains the names of the 26 senior counsel and 59 junior counsel who will be candidates in that election.

�

26 senior counsel

Agius SC, John Aldridge SC, Murray Alexis SC, Todd Bathurst QC, Tom Boulten SC, Phillip Bowne SC, Angela Campbell SC, Steve Colefax SC, Andrew Coles QC, Bernard Cunneen SC, Margaret Fernon SC, John Game SC, Tim Gormly SC, Jeremy Haesler SC, Andrew Holmes QC, Malcolm Katzmann SC, Anna Letherbarrow SC, Ross Lidden SC, Andrew Needham SC, Jane Newlinds SC, Robert Olsson SC, Liz Speakman SC, Mark Stenmark SC, Alison Stevenson SC, James Street SC, Alexander Temby QC, Ian

59 junior barristers�(incl 18 under 5s*)

Ash, David Baran, David Barnes, Stephen* Beck, Jennifer* Burke, Kim Carr, Philip* Cavanagh, Robert Coleman, Andrew Condon, Miles Curtin, Gregory Day, Kylie * Eastman, Kate Elbourne, Eva* Fraser, Michele Glasson, Robert Goodchild, Louise* Grogin, Greg Hand, Derek* Harris, John Healey, Anne Henskens, Alister Higgins, Ruth* Kako, Ramena* Ketas, Angela * Khandhar, Paresh Kintominas, Peter Lancaster, Richard Lawson, Esther* Licha, Mario * Lo Surdo, Anthony Lonergan, Julia Loukas, Chrissa Maxwell, Michael McGrath, Garry McHugh, Michael McManamey, Bruce Nagle, Darien* Nelson, David Nolan, Bridie* Nomchong, Kylie Paish, Mitchell Pepper, Rachel Perrignon, Richard Picker, Elizabeth* Radojev, Alex Rayment, David* Redmond, John-Paul Reid, Lyndon* Robinson, Mark Sandford, Jackie Sibtain, Penny Smallbone, David Stone, Andrew Tibbey, Mandy* Toomey, Dominic Traill, Kate Wendler, Gabriel Yehia, Dina Young, Jim

P A Selth Executive Director & Returning Officer

22 October 2008

Cases selected for reporting in FCR by V Kline

Wed Oct 22 2008

The following cases will be published in a forthcoming volume of FCR: Singh v Minister for Immigration and Citizenship�[2008] FCA 1284 AWU (Qld) v Etheridge Shire Council��[2008] FCA 1268 SZBWJ v Minister for Immigration and Citizenship�[2008] FCA 1175 Re Golden West Resources Ltd�[2008] FCA 1362 SZLWI v Minister for Immigration and Citizenship [2008] FCA 1330 Metlife Insurance Ltd v FCT��[2008] FCAFC 167� eBay International AG v Creative Festival Entertainment Pty Ltd [2006] FCA 1768�

Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union�[2008] FCAFC 170� Kronen v Commercial Motor Industries Pty Ltd�[2008] FCAFC 171��� Meriton Apartments Pty Ltd v Industrial Court (NSW)��[2008] FCAFC 172���� Minister for Immigration and Citizenship v Mon Tat Chan [2008] FCAFC 155

22 October 2008��

AAT expert evidence guidelines

Tue Oct 21 2008

The Administrative Appeals Tribunal is developing two sets of guidelines in relation to the use of expert evidence and would welcome feedback from interested persons. Copies of the draft Guidelines Relating to Opinion Evidence and Guidelines for Use of Concurrent Evidence in the Administrative Appeals Tribunal may be obtained from the tribunal's web site. Comments should be submitted by Monday, 17 November 2008. Comments can be sent to:

Administrative Appeals Tribunal GPO Box 9955 Sydney� NSW� 2001 Fax: (02) 9267 5538 or via e-mail: research@aat.gov.au

For further information, contact Chris Matthies, manager, policy and research, on ph: (02) 9391 2474.

21 October 2008

Local Court Practice Note 5 of 2008: Forum Sentencing Programme

Tue Oct 21 2008

It was reported in yesterday's In Brief�that�the forum sentencing initiative, which gives victims of crime a say in how offenders are punished, would be extended to local courts�in Burwood, Newtown, Balmain, Campbelltown, Camden, Picton and Moss Vale. Chief Magistrate Graeme Henson has issued amended�Practice Note 5 of 2008, Forum Sentencing Programme, which commences on 20 October 2008.

21 October 2008

Under Sixes host Melbourne Cup drinks at the Nippon Club

Tue Oct 21 2008

They say it's "the race that stops a nation".�But can it stop you? The New Barristers' Committee invites you to take a break from those briefs and enjoy the 2008 Melbourne Cup in style - Nippon Club style.�Meet your colleagues (and friends) at the Nippon Club for a drink and a viewing of the race on their big screen TV.

Venue:� Nippon Club, 229 - 231 Macquarie Street Sydney Date:�� Tuesday, 4 November 2008 Time:�� 2.00 - 4.00pm Cost:�� No charge, other than for your own drinks and food. Food service will be available until 2.30pm.

Any queries can be directed to Gillian Mahony, tel 9231 1429, or e-mail: gillianmahony@wentworthchambers.com.au

We hope to see you there.

30�October 2008

The Hon Michael McHugh AC QC guest speaker at clerks dinner

Tue Oct 21 2008

A limited number of seats are still available to hear one of Australia’s “living legal legends”, the Hon Michael McHugh AC QC, who�will be speaking at the annual Barristers’ Clerks Association Dinner,�on Friday, 24 October 2008. The�dinner will�be held at�L’Aqua, Dockside, Cockle Bay, at 7.00pm.�Members who wish to attend should notify their floor clerk.

The Hon Michael McHugh AC QC, retired justice of the High Court of Australia (1989-2005); judge of the New South Wales Supreme Court and Court of Appeal (1984-1989), is now an�independent arbitrator and mediator,�and�serves as one of the non-permanent justices of the Court of Final Appeal in Hong Kong.

For further information contact Belinda Lyus on ph: (02) 8233 0350 or Michele Kearns�ph: (02) 8227 9600

23 October 2008

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The John Koowarta Reconciliation Law Scholarship 2009

Tue Oct 21 2008

Applications are sought for this prestigious scholarship open to Aboriginal or Torres Strait Islander persons studying to gain admission as a lawyer. Recipients are awarded $5,500 a year towards their studies. Applications close Friday, 30 November 2008.

For more information, or to download an application form, visit the Law Council's web site.

3 November�2008

Election of 2009 Bar Council: nominations have closed

Mon Oct 20 2008

Nominations for the 2009 Bar Council closed at 4.00pm today.�

A total of 85 nominations have been received. Twenty six senior counsel and 59 members of the Junior Bar (including�18 under 5s) have nominated.

An acknowledgment of the returning officer’s receipt of the nomination has been sent to each candidate.

If any candidate has not received an acknowledgment they should immediately contact Ms Kim Kemp or Ms Corinne Brown at the Bar Association on ph 9232 4055, or e-mail kkemp@nswbar.asn.au or cbrown@nswbar.asn.au before 1.00pm on Tuesday, 21 October 2008 when the ballot paper will be finalised.

Ballot papers will be posted by Friday 24 October 2008 when the ballot opens.

P A Selth Returning Officer

20 October 2008

New SC Practice Note for removing judgments from the Internet during criminal jury trials

Mon Oct 20 2008

Chief Justice J J Spigelman AC today issued Practice Note SC CL 9 (Removal of Judgments from the Internet).�The Practice Note commences operation on 1 November 2008. It applies to criminal jury trials in the Common Law Division. The purpose of the Practice Note is to ensure, for jury trials, that an electronic version of a judgment, which details specifics of the proceedings or related proceedings, is removed from the Internet for the duration of the trial or another appropriate period.� View the Practice Note>

20 October 2008

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Swearing in ceremony for Federal Magistrate Geoffrey Monahan

Mon Oct 20 2008

Geoffrey Monahan will be sworn in as a federal magistrate on Friday, 21 November 2008 at 4.30 pm. The ceremonial sitting will take place�at the Lionel Bowen Commonwealth Law Courts Building, 97-99 Goulburn Street, Sydney. Grahame Richardson SC will speak on behalf of the bar.

20 November 2008

Extension of forum sentencing

Mon Oct 20 2008

Attorney General John Hatzistergos�has announced an extension of the forum�sentencing initiative, which gives victims of crime a say in how offenders are punished.�Magistrates in�Burwood, Newtown, Balmain, Campbelltown, Camden, Picton and Moss Vale can now avail themselves of the forum sentencing option. View the attorney's media release>

20 October 2008

Latest report on public confidence in the criminal justice system

Fri Oct 17 2008

Attorney-General John Hatzistergos has released�the results of�a survey of public attitudes on�sentencing and the criminal justice system in New South Wales. The research, published in the August edition of the Crime and Justice�Bulletin�confirms�that a high proportion of respondents felt that sentences imposed on convicted offenders are too lenient.�Those with poorest knowledge about crime and punishment tend to have lower opinions of courts and sentences. Learn more>

17 October 2008

Dinner in honour of the Hon Graham Mullane

Fri Oct 17 2008

The Hunter Valley Family Law Practitioners Association and the Newcastle Law Society invite members of the Bar Association to a dinner/dance in honour of the Hon�Graham Mullane, recently retired from the bench of the Family Court of Australia, Newcastle Registry, to be held on Friday, 5 December 2008, at 6.30 pm for 7.00 pm, at Customs House Hotel, Newcastle.� Download a dinner invitation >

17 October 2008

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Final reminder: nominations for 2009 Bar Council

Fri Oct 17 2008

Members are reminded that nominations for election to the 2008 Bar Council close at 4.00pm on Monday, 20 October 2008. Any member who has not received a nomination form can obtain one from the Bar Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail reception@nswbar.asn.au). All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer.�A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact Ms Kim Kemp or Ms Corinne Brown at the Bar Association on ph 9232 4055, or e-mail kkemp@nswbar.asn.au or cbrown@nswbar.asn.au.

17 October 2008

2009 Peter Nygh Hague Conference Internship

Fri Oct 17 2008

The Australian Institute of International Affairs (AIIA) and the Australian Branch of the International Law Association (ILA(AB)) are proud to open applications for the 2009 Peter Nygh Hague Conference Internship. This prize will enable an Australian student or graduate of law to complete an internship with the Hague Conference on Private International Law in the Netherlands. Learn more>

17 October 2008

Invitation to the Sydney Peace Prize

Thu Oct 16 2008

Members are invited to the�2008 City of Sydney�Peace Prize Lecture,�to be delivered by Patrick Dodson at the Sydney Opera House on Wednesday, 5 November.� Mr Dodson has received this year's prize for his�"courageous advocacy of�the human rights of Indigenous people, for distinguished leadership of the reconciliation movement and for a lifetime of commitment to peace with justice". He�will be presented with his prize by Prime Minister Kevin Rudd at a dinner to be held in the Great Hall of the University of Sydney the following evening, on Thursday,�6 November at 7.00pm.

To book your ticket to the dinner, download an acceptance form. For more information visit the Sydney Peace Foundation web site or contact them on ph: (02) 9351 4468 or e-mail: spf@arts.usyd.edu.au�

22�October 2008

Cross-border insolvency guidelines

Thu Oct 16 2008

As advised in yesterday's In Brief, Practice Note SC Eq 4 (Corporations List) commences on 17 October 2008.� The principal new feature of the practice note is paragraph 32, which is linked to the new cross-border insolvency�rules that are to be gazetted on 17 October 2008.�When parties are formulating a proposed framework for co-operation between the Supreme Court and a foreign court or representative, it is suggested that parties have regard to the international guidelines that are available from the American Law Institute's web site.

16 October 2008

Law Council supports independent reviewer of terrorism laws

Thu Oct 16 2008

The Law Council of Australia has welcomed the Senate Standing Committee on Legal and Constitutional Affairs’ Report recommending the establishment of an independent reviewer of Australia’s terrorism laws.�Law Council President Ross Ray QC said, 'The Law Council has been calling for a mechanism for independently reviewing Australia’s anti-terrorism laws. While past reviews of these laws have identified some areas of concern, there is a need for ongoing and comprehensive scrutiny of such laws by an independent reviewer.'�View the LCA media release >

16 October 2008

Bails court arrangements over Christmas vacation 2008-2009

Thu Oct 16 2008

Due to the commencement of further refurbishment works at the King Street court complex, the Supreme Court has decided to move the bails court back to the Law Courts Building (courtroom 1A) during the vacation of 2008-2009. The last sitting of the bails court at King Street in 2008 will be on Friday, 19 December. Bail hearings will resume at King Street on 2 February 2009.

16 October 2008

Appointments to note

Thu Oct 16 2008

The Hon Justice G A Nettle has been appointed as an�acting judge and an acting�judge of appeal of the Supreme Court of New South Wales for the period commencing on 20 October 2008 and expiring on 24 October 2008.�

Mr Brian Patrick Hancock as been reappointed as an acting public defender for the period commencing on 29 October 2008 and expiring on 28 October 2009.

16 October 2008