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New Legal Services Award covering your employees commences 1 January 2010

Wed Dec 23 2009

The new national Legal Services Award covering support staff and graduate lawyers/trainees was released on Friday 4 December. This new award commences on 1 January 2010. This award covers legal and administrative staff (including those employed by barristers) working in all states and territories except Western Australia.

Some key features of this award are:

  • coverage for law clerks and law graduates (not lawyers);

  • classifications (5 levels) for legal and clerical positions;

  • the ability to employ staff on annualised salaries in satisfaction of salary, overtime and penalty rates, most allowances and leave loading;

  • paid examination and study leave for law graduates (up to 4 days per subject);

  • NO ability to ‘cash out’ annual leave for those employees covered by the Award;

  • higher duties allowance if employee is called upon to work at a higher level for more than 1 day;

  • 7.00am – 6.30pm Monday to Friday is the spread of allowable hours; and

  • overtime rates calculated to the half hour, that is, employee entitled to be paid for 30� minutes if they work 1 minute overtime, and 60 minutes if they work 31 minutes of overtime

Whilst the transitional provisions mean that in most cases the new pay rates, loadings and penalties do not apply until the first full pay period on or after 1 July 2010, employers need to familiarise themselves with the requirements of the Legal Services Award and ensure that they are meeting their obligations.

You can find the new award on the Australian Industrial Relations Commission web site The Australian Law Management Group (Law Council of Australia) will be providing further information on the application of the Legal Services Award in January.

For enquiries regarding this group, please contact Gerard O’Neill on (02) 6246-3788 or via email gerard.oneill@lawcouncil.asn.au

23 December 2009

Web watch: the Hamlyn Lectures online

Wed Dec 23 2009

Since 1949 the Hamlyn Trust in the United Kingdom has sought to make the law "more comprehensible to ordinary citizens" through an annual series of public lectures by distinguished judges, legal practitioners, academic lawyers and other eminent speakers. Together they have become known as the "The Hamlyn Lectures". To mark the trust's 60th anniversary, the whole series, previously published by Sweet & Maxwell, have been published on the web. Lectures include: "Freedom under the Law", by the Rt Hon Lord Denning (1949); "The Inheritance of the Common Law", by Richard O'Sullivan (1950); "The Proof of Guilt", by Professor Glanville Williams (1955); and "Trial by Jury", by the Rt Hon Lord Devlin. Learn more>

23 December 2009

Michael Kirby and Antonin Scalia to debate international values and constitutional law

Wed Dec 23 2009

The Honorable Antonin Scalia, associate justice of the United States Supreme Court, will be one of many key figures to address the American Bar Association’s (ABA) conference on "Cross Border Collaboration, Consequences and Conflict: The Internationalisation of Domestic Law and Its Consequences", to be held in Sydney February 2010.

The conference provides an opportunity to hear from some of the most respected legal minds from Australia and abroad. Other key speakers include former High Court Chief Justices, the Honourable Murray Gleeson and the Honourable Sir Anthony Mason, and former High Court Judge Michael Kirby.

The event is a joint effort between the ABA’s Section of International Law, the Law Council, the Law Society of NSW and the NSW Bar Association.

The conference will be held on 9 February in the Banco Court of the Supreme Court of New South Wales.� It will be followed on 10 February by a Moot Court Presentation on the Art of Persuading Judges.

Time is running out to register for this conference. For more information, and to access the registration brochure, visit www.abanet.org/intlaw/ilexaus

23 December 2009

Nominations open for 2010 Childrens Law Awards

Wed Dec 23 2009

Nominations have now opened for the 2010 Children’s Law Awards. Organised by the National Children’s Youth and Law Centre (NCYLC) and Mallesons Stephen Jaques, the awards will be presented by Attorney General Robert McClelland on Friday 16 April 2010. Learn more>

23 December 2009

ABA Dinner at the High Court

Wed Dec 23 2009

It has become the practice to hold a dinner at the High Court in Canberra on the night of the new silks taking their bows in the High Court in Canberra. The dinner to mark the occasion will be held in the Great Hall of the High Court of Australia on Monday, 1 February 2010 at 7.00pm for 7.30pm. All barristers (not just the new silks) and their partners are invited to attend. Dress will be black tie and the cost will be $155.00 per person (inc. GST). Download a registration form >

23 December 2009

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

Wed Dec 23 2009

The following cases will be published in a forthcoming volume of NSWLR: Salter v Director of Public Prosecutions [2009] NSWCA 357 Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 83 April Fine Paper v Moore Business Systems [2009] NSWSC 867

AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 863

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

23 December 2009

Victoria ends prosecutions in the name of the queen

Wed Dec 23 2009

Criminal legal proceedings in Victoria will no longer be brought in the name of the queen and instead be brought in the name of the director of public prosecutions under changes to come into effect on 1 January, 2010. Attorney-General Rob Hulls said "Referring to the queen is outdated" and that the change was "part of the Brumby Labor government’s commitment to modernise and simplify laws".� Learn more>

23 December 2009

Bench and Bar v Solicitors chess match

Mon Dec 21 2009

The 2009 Bench & Bar v Solicitors chess match for the Terrey Shaw Memorial Shield was a keenly-fought contest. The Bench & Bar won 9-5, but this result belies the close finish. The Solicitors were behind 7-5 going into the final two games, and could have forced a draw. The 2010 Bench & Bar team was Tim Reilly, Mark Robertson, John Purdy, Ken Pryde, Paul Glissan, Horst Bleicher, Michael Hall, Rob Colquhoun(c), Marcus Pessman, Gordon McGrath(vc), Andrew Bulley, Ventry Gray and Tamir Maltz. Justice Stephen Rares and Justice Peter Graham were interstate on appellate duties.

21 December 2009

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

Fri Dec 18 2009

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

Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd; Allianz Australia Insurance Ltd v SST Consulting Pty Ltd; Jeffrey & Katauskas Pty Ltd v SST Consulting Pty Ltd; Rickard Hails Moretti Pty Ltd v SST Consulting Pty Ltd [2008] NSWCA 283

R v EK [2009] NSWCCA 4 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 49 Air Link Pty Ltd v Paterson [2009] NSWCA 251 Roads and Traffic Authority of New South Wales� v Refrigerated Roadways Pty Ltd [2009] NSWCA 263

18 December 2009

Australian Advocacy Institute to host appellate skills workshop

Fri Dec 18 2009

The Australian Advocacy Institute will hold an appellate advocacy workshop in Sydney on 19-20 February 2010. The workshop will involve instruction, performance and review of the skills, disciplines and techniques of advocacy as the art of persuasion before the courts of appeal. Participants will perform in small groups and be individually reviewed as to substance and style. For more information, or to register, visit the AAI web site>

18 December 2009

Synagogue service for the opening of Law Term 2010

Fri Dec 18 2009

The Jewish service to mark the opening of the 2010 Law Term will be held at The Great Synagogue (187a Elizabeth Street, Sydney). The service and procession by the judiciary starts at 5.30pm on 5 February 2010 and will be followed by the Friday night service and family dinner with a highly entertaining speaker. Cost for dinner is $90 ($60 for children under 12). For more information or to RSVP for the service and/or dinner, e-mail admin@greatsynagogue.org.au or phone (02) 9267 2477.

18 December 2009

Retirement ceremony for the Hon Justice Kevin Lindgren

Thu Dec 17 2009

A ceremonial sitting of a Full Court of the Federal Court of Australia will be held in Sydney on Thursday 11 February 2010 to mark the retirement of the Hon Justice Kevin Lindgren from 12 February 2010.

The ceremonial sitting will be held at 9.30am in Courtroom 18D on Level 18 of the Law Courts Building, Queens Square, Sydney. President Tom Bathurst QC will speak on behalf of the Australian and New South Wales Bars.

17 December 2009

Appointment of acting judge in the District Court

Thu Dec 17 2009

The NSW Executive Council has approved of the appointment of Mr John Roscoe Nield as an acting judge of the District Court of New South Wales for the period commencing on 17 December 2009 and expiring on 30 June 2010.

17 December 2009

Government appoints new head of ALRC

Tue Dec 15 2009

Attorney-General Robert McClelland has announced the appointment of Professor Rosalind Croucher as the president of the Australian Law Reform Commission. Professor Croucher has been a member of the Australian Law Reform Commission since 2007 and has had a distinguished career in University teaching and management over 25 years, most recently as dean of Law at Macquarie University since 1999. Learn more >

15 December 2009

Reminder - Funeral services

Tue Dec 15 2009

A funeral service for Roger Stephen Quinn (1954-2010) will be held at 10:00am on Thursday 14 January 2010 at All Saints' Anglican Church, corner of Sydney Road and Boyle Street, Balgowlah. The service will be followed by a private internment.

A memorial service for Neil Abbott Newton (1923-2010), formerly a Judge of the NSW District Court, will be held at 2:30pm on Thursday 14 January 2010 at St Michael's Anglican Church, Gilliver Avenue, Vaucluse.

13 January 2010

Federal Court proceedings under the International Arbitration Act

Thu Dec 10 2009

The chief justice of the Federal Court has issued Practice Note ARB 1 - Proceedings under the International Arbitration Act 1974. On 7 December 2009 the International Arbitration Act 1974 (Cth) was amended to give the court jurisdiction in relation to:

(a) the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

(b) applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration for orders concerning:

  1. the appointment and termination of an arbitrator (articles 11 and 14 of the Model Law)
  2. challenges against an arbitrator on the basis that the arbitrator lacks impartiality or independence or the necessary qualifications (article 13)
  3. whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal (article 16)
  4. the setting aside of an arbitral award (article 34)

(c) the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

The Federal Court also has jurisdiction under the Act to deal with applications for an order to stay a proceeding or part of a proceeding that is before the court and which involves the determination of a matter that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties.

The Practice Note sets out the arrangements for proceedings before the court in which orders are sought under the Act. These arrangements include the appointment in each registry of an arbitration coordinating judge who has general responsibility for the management of matters under the Act.

Download copy of the Practice Note and a list of arbitration coordinating judges.

If you have any queries please contact Deputy Registrar Philip Kellow on ph: (02) 9230 8336.

10 December 2009

Bar News Summer 2009

Thu Dec 10 2009

The Summer 2009-10 edition of Bar News is out now. If you have not received your copy in the mail, please contact the publications manager. This edition features the remarkable story of High Court Justice AB Piddington, a timely analysis of the "missing constitutional cog" in our federal machinery - the Inter-State Commission - and an opinion piece by Shadow AG Smith on sentencing. It also has the usual mix of recent developments, book reviews, obituaries, sport and personalia. And no edition would be complete without the trials and tribulations of Bullfry. It makes ideal reading for the Christmas holidays!

10 December 2009

Swearing in speeches for Nicholas and Yates JJ

Thu Dec 10 2009

The Hon Justice Nicholas and the Hon Justice Yates were sworn in at ceremonial sittings of the Federal Court on 18 November and 2 December 2009 respectively. Tom Bathurst QC spoke on behalf of the Australian and New South Wales bar associations. View the speeches to welcome Justice Nicholas and Justice Yates.�

10 December 2009

Missing Great Bar Boat Race Trophies – do you have one?

Wed Dec 09 2009

The Bar Association would like the following trophies to be returned in anticipation of their presentation at the 2009 Great Bar Boat Race on Monday, 21 December: Gruff Crawford Memorial Panache Trophy (silver tankard with lid), Wooden Boat Cup (silver trophy on wooden plinth), The Comp Cup, The Chalfont Cup. Please return the trophies in a polished condition to Katie Hall at the Bar Association by Monday, 14 December. If you have any questions, please contact Katie on ph: (02) 9229 1720.

If you would like to register for the 2009 Great Bar Boat Race, please complete a registration form.

9 December 2009

Papers to note: Senate report on access to justice

Wed Dec 09 2009

The Senate Legal and Constitutional Affairs References Committee has released its much anticipated report, Access to Justice. The committee did not mince its words. It found that the� Australian legal system is "beset with various weaknesses, some endemic, some deeply rooted".� Fortunately, it found that the system is "afloat", but only due to "a considerable amount of goodwill" on the part of the legal profession. But the report warned that this could "evaporate at any time, creating a crisis in the delivery of legal services and resulting in diminished access to justice for many Australians". View the report>�

The Law Council has backed the committee's findings, but the National Pro Bono Resource Centre has issued a media release saying it had been misquoted as suggesting that all classes of practising certificates should have a mandatory pro bono legal requirement. The transcript of the NPBRC's evidence is available at http://www.aph.gov.au/hansard/senate/commttee/S12430.pdf

9 December 2009

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

Wed Dec 09 2009

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

McGuirk v University of New South Wales; University of New South Wales v McGuirk [2009] NSWCA 321 Simmons v Director of Public Prosecutions [2009] NSWSC 1062 Watson v Qantas Airways Ltd [2009] NSWCA 322 Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133

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

9 December 2009