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Change to Costs and Disclosure Precedents

Thu Oct 09 2008

Costs and Disclosure Precedent ‘2.2 Costs disclosure notice’ has been revised in connection with direct access retainers and the disclosures required by rule 80 of the _New South Wales Barristers’ Rules.

_The changes to the precedent are as follows:

  • the existing rule 100 disclosure has been moved to the end;
  • minor editorial change to paragraph 13 (as renumbered) - addition of '(plural in original)';and
  • addition of paragraphs 14 to 19 reflecting the requirements of rule 80, with a note that items 14 to 19 only apply to direct access briefs.

The revised precedent can be found on the 'Guidance on legal costs and billing' page of the Bar Association's web site.

9 October 2008

So you want to be briefed in a war crimes trial?

Wed Oct 08 2008

Fatou Bensouda, a deputy prosecutor�at the International Criminal Court, will be�one of the�special guest speakers at the International Criminal Law Congress, which gets underway tomorrow at the Swissotel.�She will be joined by Chrissa Loukas, public defender�and Helen Brady, senior appeals counsel in the Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia. The session, entitled 'So you want to be briefed in a war crimes trial' will be chaired by Mark Ierace SC,�tomorrow, at�16:00 - 17:15. Internet registrations have now closed, but members may still register on the day. The Swissotel is located above the Myer department store, at 68�Market Street. For information about this and other sessions, visit the conference web site at www.icms.com.au/crimlaw

8 October 2008

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Swearing in ceremony for federal magistrates Walker and Dunkley

Wed Oct 08 2008

A ceremonial sitting of the Federal Magistrates Court will be held on Monday, 13 October 2008 to mark the swearing-in of Judith Walker and David Dunkley as federal magistrates. The ceremony will take place at 4.30pm on Level 7 of the Lionel Bowen Building, 97-9 Goulburn Street, Sydney. Alexander Street SC will speak on behalf of the Australian and New South Wales bar associations.

8 October 2008

2009 Constitutional Law Conference and Dinner

Wed Oct 08 2008

A major conference on constitutional law, the eighth in a series, will be held at the Australian National Maritime Museum on Friday, 20 February 2009. The conference will be followed by a dinner at NSW Parliament House hosted by New South Wales Attorney-General John Hatzistergos. The guest speaker at the dinner will be Commonwealth Attorney-General Robert McClelland. For further information contact Belinda McDonald at the Gilbert + Tobin Centre of Public Law on (02) 9385 2257, gtcentre@unsw.edu.au, or see�their web site at www.gtcentre.unsw.edu.au.

17 November�2008

Retirement ceremony for the Hon Justice Branson

Wed Oct 08 2008

A ceremonial sitting will be held on Monday, 13 October 2008 to mark the retirement, from 14 October, of the Hon Justice Catherine Branson as a judge of the Federal Court of Australia. The sitting will take place at 4.30pm, courtroom 21A, Law Courts Building, Queens Square. President Anna Katzmann SC will speak on behalf of the NSW Bar and the Australian Bar Association.

8 October 2008

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Federal Court seminar on cross-border insolvency

Wed Oct 08 2008

The Federal Court of Australia will host a national seminar on the Cross-Border Insolvency Act 2008 (Cth) by videoconference at 5.30pm (Australian Eastern Daylight Time) on 2 December 2008. Those wishing to attend should read the Case Study Questions for the seminar. For further information�and to�reserve your place, e-mail the relevant state address:

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NSW �NSWUSERGROUPS@fedcourt.gov.au�
ACT �susan.dowley@fedcourt.gov.au
SA �colleen.delaine@fedcourt.gov.au
WA �rene.crane@fedcourt.gov.au
VIC �louise.kenworthy@fedcourt.gov.au
TAS �michael.mckenna@fedcourt.gov.au
QLD �graham.ramsey@fedcourt.gov.au
NT �liana.walker@fedcourt.gov.au
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18 November 2008

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Nominations for 2009 Bar Council

Wed Oct 08 2008

Members are reminded that nominations for the 2009 Bar Council must be received by the returning officer by 4.00pm on Monday, 20 October 2008. Nomination forms have been posted to all members.� The form is also available from the association’s reception (ph: (02) 9232 4055; fax: (02) 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: (02)�9232 4055, or e-mail kkemp@nswbar.asn.au or cbrown@nswbar.asn.au.

P A Selth Executive Director & Returning Officer

7 October 2008

eSearch to Federal Law Search change over – 8 October 2008

Thu Oct 02 2008

As of Wednesday, 8 October 2008, the Federal Court of Australia’s eSearch facility will be available through the Commonwealth Courts Portal, as Federal Law Search. The Federal Law Search facility within the Commonwealth Courts Portal (CCP) has been running in parallel with the Federal Court’s eSearch facility for about six months. It provides additional filtering while searching, as well as the capacity to view greater details of returned files.

If you are accessing the current eSearch via a personal bookmark or favourite you will need to bookmark the new Federal Law Search page within the Commonwealth Courts Portal (CCP) and delete the old links. This can be achieved by clicking on the link below and adding the page to your favourites.

Federal Law Search - https://www.comcourts.gov.au/public/esearch

3 October 2008

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

Thu Oct 02 2008

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

McGovern and Anor v Ku-ring-gai Council and Anor [2008] NSWCA 209 R v Wall [2002] NSWCCA 42 Smythe v Thomas [2007] NSWSC 844

Goodwin v Vietnam Veterans Motor Cycle Club Australia NSW Chapter Incorporated [2008] NSWSC 154 Land Enviro Corp Pty Ltd and Os v HTT Huntley Heritage Pty Ltd and Ors [2008] NSWSC 185

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

3 October 2008

2008 senior counsel will be announced today

Thu Oct 02 2008

The appointment of senior counsel for 2008 will be announced at 1.30pm today, Thursday, 2 October 2008. A copy of the president’s announcement will be e-mailed to all members and clerks and posted both on the Bar Association’s notice board and web page (www.nswbar.asn.au). Individual letters to each applicant from the president may be collected from the Bar Association between 1.00pm and 1.30pm today.�Clerks are asked to arrange for the envelopes for members of their floor to be collected.�Applicants whose chambers are outside the CBD and who wish to have the president’s letter faxed to them are asked to telephone the Bar Association’s executive assistant, Ms Corrine Brown on 02 9229 1736 or e-mail cbrown@nswbar.asn.au .

Clerks with successful applicants are asked to ensure the 2008 silks gather in the Bar Association Common Room on Friday, 17 October for the presentation of senior counsel scrolls by the chief justice at 5.30pm.� Refreshments will be served from 5.00pm.� Family and friends are most welcome.

P. A. Selth Executive Director

2 October 2008

Senior counsel appointments for 2008

Wed Oct 01 2008

I am pleased to announce that the following applicants have been appointed senior counsel for 2008. The successful applicants, in order of seniority, are:

Name �Chambers
Christopher John BRUCE �Carl Shannon
Mark Levinge BRABAZON �Fifth Floor Selborne
Michael James WINDSOR �Thirteenth Floor Selborne/Wentworth
Christopher Phillip HOY �12th Floor Selborne/Wentworth
Lachlan Vincent GYLES �Tenth Floor Selborne/Wentworth
Julia Rosalyn BAIRD �12th Floor Selborne/Wentworth
Gregory Andrew SIRTES �12th Floor Selborne/Wentworth
John Allaster HALLEY �Sixth Floor Selborne/Wentworth
David Bradridge STUDDY �Tenth Floor Selborne/Wentworth
Arthur Raymond MOSES �Frederick Jordan
Anthony James PAYNE �Sixth Floor Selborne/Wentworth
Jeremy STOLJAR �8th Floor Selborne/Wentworth
Donna Mary Lisa WOODBURNE �Crown Prosecutors
Stephen Bruce LLOYD �Sixth Floor Selborne/Wentworth
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Anna Katzmann SC **President New South Wales Bar Association

**Further information regarding appointees

Statistics about 2008 senior counsel appointments

Media release

Senior Counsel Protocol

2 October 2008

Alexander Shand QC made a life member of the Bar Association

Wed Oct 01 2008

At a recent meeting of the Bar Council, it was�noted that Alexander Shand QC had been admitted to the Bar on 12 February 1954.�He had retired on 30 June 2006, but remains a member of the Bar Association.� It was�resolved to appoint Shand QC a life member of the Bar Association for his lengthy and dedicated service to the profession of the law.�

1 October 2008�

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