Resolution and Resilience: ADR in the Global Recession, 29 – 31 May 2009, Melbourne Sofitel

Thu Apr 30 2009

(ADVERTISEMENT) As Australasia’s pre-eminent ADR event, the conference will focus on dispute resolution in the current economic downturn and� how ADR professionals can best meet the needs of disputants in these challenging times. Hear from leading experts from industry, business, media, judiciary, academia and leaders of government.

Guest speakers include:

The Hon Robert McClelland MP, Attorney General of Australia The Hon Rob Hulls MP, Deputy Premier of Victoria and State Attorney General The Hon Michael Kirby AC CMG retired Justice of the High Court of Australia The Hon Sir Laurence Street KCMG QC The Hon Justice Murray Kellam AO, Justice of the Court of Appeal, Supreme Court of Victoria and Chair of the National Alternative Dispute Resolution Council Gavan Griffith AO QC, former Solicitor General of Australia Professor Doug Jones AM, Partner, Clayton Utz Michael Gill, CEO of Fairfax Business Media and Publisher of The Australian Financial Review and Business Review Weekly Richard Ackland, award winning broadcaster, journalist and publisher of Justinian and the Gazette of Law and Journalism Gabrielle Trainor, Director of the Sydney Harbour Foreshore Authority and VicUrban, Partner John Connolly & Partners Sue Laver, General Counsel, Dispute Resolution, Telstra Corporation Limited Anna Booth, Director of Co-Solve, Board Member of Members Equity Bank, The Centre for Policy Development and Non Executive Chair, Slater and Gordon Dato Noorashikin Banti Tan Sri Abdul Rahim – Director of the Kuala Lumpur Regional Centre for Arbitration Associate Professor Dale Bagshaw, President of the Asia Pacific Mediation Forum and Vice President of the World Mediation Forum

Recognising that the Australian Football League engages mediation and conciliation to resolve disputes, we have organised an� exclusive opportunity for delegates to attend the Collingwood v Port Adelaide game at the MCG 4.40 pm 31 May at a special Premium Reserve Seat arrangement -� Level 2, Olympic Stand.

A great networking opportunity, we encourage you to take advantage of all that this conference has to offer.

Take the opportunity to talk to presenters, sponsors and other delegates and prepare to contribute, to debate, to be challenged and to learn.���������

Please note that the EB rate of $895 (incl GST) is available until May 8, 2009. Join IAMA and you can save $300 off your 2009 conference registration. Associate membership of IAMA is available for only $475 plus a $95 once-off joining fee.

Download: Membership Application Form |� Conference registration |� Conference Brochure

For further information contact:

Gianna Totaro National Office The Institute of Arbitrators & Mediators Australia PO Box 13064 Law Courts��� Victoria��� 8010��� Australia Telephone: 61 3 9607 6908��� Facsimile: 61 3 9602 2833 Email:� Website:

15 May** 2009 ** �

Changing of the guard on Bar Council and the Executive

Thu Apr 30 2009

Following her appointment to the Land and Environment Court, Rachel Pepper has resigned from the Bar Council and from her position as secretary of the Bar Association. Paresh Khandhar has replaced her as secretary and Dominic Toomey is her successor on the Bar Council.

30 April 2009


Appointment of acting judge in the Supreme Court

Wed Apr 29 2009

The governor-in-council has approved of the reappointment of the Honourable Justice Schmidt to act as a judge of the Supreme Court of New South Wales for the period commencing on** 2 May 2009 and expiring on 29 May 2009.

29 April 2009 **

Law Council of Australia urges lawyers to sponsor AustLII

Wed Apr 29 2009

The president of the Law Council of Australia, Glenn Ferguson, has written to members of the legal profession, encouraging them to sponsor AustLII, which he describes as "an essential tool for many legal practitioners".

"If it was not freely available, many legal practitioners would have to use highly priced commercial services", Mr Ferguson said. View the letter>

8 April 2010

@LCA: The monthly newsletter of the Law Council

Tue Apr 28 2009

The April 2009 issue of the Law Council's monthly newsletter, @theLCA, is now available online. This edition features stories on Fiji, the increase in international demand for Australian legal services, an international human rights committee report on Australia's performance from 1996 to 2006 and more. Download a copy of @LCA>

29 April 2009

UWS moot team enjoys success in Hong Kong

Tue Apr 28 2009

The New South Wales Bar Association co-sponsored a University of Western Sydney team, which represented Australia at the Commonwealth Moot Competition, held recently in Hong Kong. This report was written by their coach, John Juriansz, who is a lecturer in law and also president of the UWS Law Alumni Association.

A team of three law students, Jonathan Adamopoulos, Matthew Carr and Tim McGrath, finished third at the recent Commonwealth Moot Competition after the narrowest of semi-final losses to the University of Hong Kong which finished second overall behind the University of Pretoria, South Africa.

The students, having won the 2008 Australian Law Students’ Association Mooting Competition, brilliantly represented Australia and the University of Western Sydney at the 2009 Commonwealth Law Moot Competition held at the 16th Commonwealth Law Conference in Hong Kong in April 2009. This moot featured teams from across the Commonwealth – countries such as the United Kingdom, Canada, New Zealand, India, Sri Lanka, South Africa as well as Hong Kong and Singapore. Each competing team earned the right to represent their region having won their respective domestic moot competitions. This competition featured the best of the best of the Commonwealth.

The mooting problem featured numerous complex and novel legal puzzles involving the law of bribery and corruption, equity, misfeasance in public office, derivative actions and more. Greatly enhancing the value of this challenging competition was the opportunity to argue before a collection of the Commonwealths’ most prominent and luminary jurists. To name but a few, our students were privileged to moot before – and withstand the most ardent of cross-examinations from – benches consisting of the following: the Rt Hon Sir Anthony Clarke, master of the rolls and head of civil justice, Court of Appeal (United Kingdom); the Rt Hon The Lord Judge, lord chief justice of England and Wales; the Hon Chief Justice Christopher Gardner QC, chief justice of the Falkland Islands & British Indian Ocean Territory; The Hon Chief Justice Ivor Archie, Chief Justice of the Republic of Trinidad and Tobago; and the Rt Hon Lord Justice Robert Carnwath CVO, senior president of tribunals / lord justice of appeal, Royal Court of Justice (United Kingdom).

As their coach, I would like to say how proud I am of the skilful intelligence, professionalism, courtesy, humour and work ethic of these three young men. Their considerable accomplishments to date are but few compared to what they will achieve in their professional careers to come. It would be remiss of me not to also expressly thank the generous donations of time by Geoff Warburton, Dr Michelle Sanson, Alumnus Joshua Saunders and Professor Razeen Sappideen who each assisted with judging practice moots or otherwise assisting with the development of these students. I would also like to thank Nikki Bromberger and Karen Fairey who speedily responded to my emergency email from Hong Kong to provide us with a difficult to find English precedent. This was truly a team effort!�

28 April 2009

IAMA National Practitioner Certificate in Mediation Course

Tue Apr 28 2009

The Institute of Arbitrators and Mediators Australia (IAMA) will present again the National Practitioner’s Certificate in Mediation course in Sydney. The six day course, which meets the requirements of the National Accreditation Standards for Mediators, is divided into two intensive sessions, held over a three week period.� The next course will be held on 19 – 22 August and 29 – 30 August at IAMA's offices: level 9, 52 Phillip Street, Sydney.

Download a course programme | a registration brochure |�

A limited number of places is available for Bar Association members. Any members who are interested in attending the course should contact Margaret Mackay at IAMA on (02) 9241 1188 or by e-mail:

15 June 2009

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

Tue Apr 28 2009

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

Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 1344 Bofinger and Another v Kingsway Group Pty Ltd and Others [2008] NSWCA 332 Precision Products (NSW) Pty Ltd v Hawkesbury City Council [2008] NSWCA 278

R v Seeto; R v Evans [2008] NSWCCA 227 Remo Constructions Pty Ltd v Dualcorp Pty Ltd [2008] NSWSC 1172

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

28 April 2009

Federal Court issues Fast Track Directions

Mon Apr 27 2009

The chief justice of the Federal Court has issued Practice Note No 30: Fast Track Directions which commenced on 24 April 2009. The aim of the Fast Track Directions is to provide a framework in which cases may be heard and finalised within five to eight months from the date of filing (depending on their complexity), and to reduce costs by limiting discovery and avoiding lengthy interlocutory disputes. Urgent cases may be finalised sooner.

The key features of the Fast Track Directions include:

• the substitution of Fast Track Statements, Responses and Cross-claims for pleadings;

• the introduction of Scheduling Conferences and Pre-trial Conferences to ensure active case management of the proceeding; • an express statement of the Court’s expectation that parties and their representatives will cooperate with, and assist, the Court to ensure proceedings are conducted in accordance with the Fast Track Directions; • limiting the scope of discovery obligations; • requiring the parties to meet and confer and attempt to resolve any interlocutory dispute before they may apply to the Court for a determination of the dispute; and • resolving most interlocutory disputes on the papers.

Download a copy of the Fast Track Directions.

27 April 2009

Responsible Gambling Awareness Week (11-17 May)

Mon Apr 27 2009

Not everyone associates legal issues, crime and recidivism with problem gambling, but according to research undertaken by the Productivity Commission (1999), legal outcomes from problem gambling include bankruptcy, divorce, theft and embezzlement. In fact, about one in ten problem gamblers have committed a crime because of their gambling – and two thirds of those in counselling had done so. Conversely, many people already implicated in the criminal justice system could have a problem with gambling that isn’t being detected.

According to a media report from the Bureau of Crime Statistics and Research, 15 per cent of court defendants have gambling problems – together with high rates of unemployment, financial stress, literacy and learning difficulties, housing instability, substance abuse and mental and physical health problems among court defendants. Of the 15 per cent of sampled court reported gambling problems, 29 per cent indicated they would be interested in seeking help and 28 per cent indicated they are currently getting help.

The truth is that problem gambling can go undetected for a long time. Yet once it becomes serious, it can have a harmful impact on the lives of many – both directly for individuals, as well as family, friends and employers.

Some research also indicates that Australian courts are generally reluctant to take gambling into account in their decision-making because of difficulties in being able to demonstrate that criminal behaviour was driven by impulse or mental impairment. However, magistrates and judges aware of support services could refer convicted problem gamblers to Gambling Help services as part of sentencing. This includes personal, financial and legal counselling for people at risk of becoming problem gamblers, as well as people who self-identify as having an issue with gambling.

Fortunately, there are many ways people in the legal profession can help break this cycle. Solicitors and barristers can ask clients about possible problem gambling - “Have you ever had an issue with your gambling?”�

For those who have already come into contact with the criminal justice system, for whom gambling is more likely to be a problem, additional information about appropriate self-help tools, support services and materials available form Gambling Help could be provided. In fact, problem gambling prevalence rates tend to be 10 to 20 times higher amongst those in correctional institutions than in the general community.� Gambling amongst prisoners tends to reflect broader difficulties in impulse control and psychological functioning, whereas crimes committed by problem gamblers seeking assistance at agencies tend to be more directly linked to gambling and usually only occur once gambling problems are well established.

Also, by being aware of signs related to other personal issues (mental health, drug or alcohol abuse, inter-personal issue or financial stress), counsellors can help direct potential problem gamblers to more appropriate resources.

Gambling Help is a free service that assists problem gamblers and their families in NSW. It includes a range of counselling and self-help options that can be accessed by phone, online and face-to-face. All Gambling Help services have a common goal: to help people understand and overcome problem gambling, and to provide support, advice and encouragement as they do so. Gambling Help services are funded by the Responsible Gambling Fund on behalf of the NSW Government.

To find out more about Gambling Help, or to seek support, visit the website or call 1800 858 858.

15 May 2009

Managed investment trusts: the new withholding tax regime

Mon Apr 27 2009

The Society of Trust and Estate Practitioners (STEP) invites members to an address by Brendon Lamers of Babcock & Brown with Mark Friezer of Clayton Utz entitled 'Managed Investment Trusts: The New Withholding Tax Regime'. The address will be delivered on Wednesday, 20 May 2009 at 5.30pm sharp at the premises of Clayton Utz, Level 30, 1 O’Connell Street, Sydney.

For more information about STEP visit their web site at For further information about this seminar, or to register, download and complete a registration form>

27 April 2009

Australian prosecutors condemn the dismissal of Fijian DPP

Fri Apr 24 2009

The Australian Association of Crown Prosecutors has released a statement condemning the recent actions of the military government of Fiji in forcibly removing and summarily dismissing the DPP, Mr Josaia Naigulevu, from office. It calls on the military government to protect and respect the independence, professionalism and safety of those who still work in the DPP office and to ensure that they are able to perform their professional functions in accordance with standards set by the United Nations and the International Association of Prosecutors.� Learn more >

24 April 2009

Call for comments on AAT review of taxation of costs

Fri Apr 24 2009

The Administrative Appeals Tribunal is conducting a review of the way in which costs are taxed. Where a costs order has been made and the parties are unable to agree on the amount, the costs may be taxed by the tribunal and the president may give directions in relation to the procedure to be followed. A draft practice direction has been developed, setting out a revised procedure that will allow costs to be determined in a flexible manner. The AAT would welcome comments from members of the bar.�

The tribunal invites comments on the draft practice direction by Monday, 25 May 2009. Comments should be addressed to the registrar and forwarded to the tribunal in any of the following ways:

By post to:

��� Administrative Appeals Tribunal ��� GPO Box 9955 ��� SYDNEY NSW 2001

��� • by fax to (02) 9267 5538; or

��� • by e-mail to

If you have any questions about the draft practice direction, please contact Chris Matthies, manager, policy and research on (02) 9391 2474.

24 April 2009


New attorney-general of Tonga

Fri Apr 24 2009

John Cauchi, a member of the Bar Association, has been appointed as the new attorney-general of Tonga, effective 18 May 2009.� One of his duties will be to establish an independent office for prosecutions. His address will be PO Box 130 Nuku'alofa, Kingdom of Tonga.

24 April 2009

Speeches to note: address by Spigelman CJ to the Commonwealth Law Conference in Hong Kong

Tue Apr 21 2009

Chief Justice Spigelman AC delivered a speech entitled "The Hague Choice of Court Convention and International Commercial Litigation" at the Commonwealth Law Conference in Hong Kong on 7 April. The chief justice noted that "the efficacy of The Hague Convention on Choice of Court Agreements depends upon its widespread ratification".

He urged his audience and all lawyers who are involved in international commercial transactions to bring the convention to the attention of domestic decision-makers.

"Law reform, particularly of a long-term structural nature, is often overwhelmed by the transient enthusiasms and necessities of the political process. I commend this Convention to delegates as a matter worth pursuing in each of the nations from which we come. Unless the commercial legal communities promote this reform, it is unlikely to be given priority", he said.

View the chief justice's speech>

21 April 2009�

Society of Construction Law Australia set to launch in Sydney on 22 May

Tue Apr 21 2009

The Secretary of the newly formed Society of Construction Law Australia, Rashda Rana, invites members of the New South Wales Bar Association practising in construction law to the Sydney launch of the Society on Friday, 22 May 2009.� The object of the Society of Construction Law Australia, as stated in the Constitution, is "to promote the education, study and research (and publication of the useful results of such research) in the field of construction law and related subjects both in Australia and overseas for the benefit of the public and the construction industry".

The launch of SoCLA will occur across Australia: in Sydney on 22 May, Melbourne on 27 May, Brisbane on 2 June, Perth on 5 June and Adelaide on 9 June 2009.

For more information, download a flyer or contact Rashda or Monique on (02) 8083 0390

15 May 2009

High profile speakers will shine the spotlight on animal law

Tue Apr 21 2009

Members are invited to attend animal law seminars on Tuesday, 5 May 2009, to be hosted by Voiceless, an independent non-profit think tank dedicated to alleviating the suffering of animals in Australia. The guest lecturer will be leading US animal protection litigator, Bruce Wagman. He will be joined by distinguished legal practitioners and academics, including the Hon Michael Kirby AC CMG, former justice of the High Court of Australia, Dr Melissa Perry QC and Professor David Weisbrot AM, president of the Australian Law Reform Commission. Members may wish to register for a breakfast seminar or an evening event.

Date: Tuesday, 5 May 2009 Venue: The Law Society of NSW, The Council Room, Level 2, 170 Phillip Street, Sydney Time: 7.30am-9am (registration from 7.15am) Details: This seminar for legal professionals will be co-hosted by Voiceless and NSW Young Lawyers Animal Law Committee. The event includes an introduction by Dr Melissa Perry QC of Sixth Floor Wentworth Chambers.


Date: Tuesday, 5 May 2009 Venue: The University of Sydney - Sydney Law School, The Auditorium, Room 101, New Sydney Law School, Building F10 Time: 6pm-8pm (doors open 5.45pm)

This public lecture will involve:

  • a book launch by the Hon Michael Kirby AC CMG of Animal Law in Australasia, edited by Peter Sankoff and Steven White;

  • a keynote address by Bruce Wagman; and

  • a panel discussion with Professor David Weisbrot AM, president of the Australian Law Reform Commission; Peter Sankoff, senior lecturer, Faculty of Law, University of Auckland; and Celeste Black, senior lecturer, Sydney Law School.

For more information and to download relevant flyers, visit the Voiceless web site. Admission to both events is free but registration is required via the Voiceless website.

Voiceless is an independent non-profit think tank dedicated to alleviating the suffering of animals in Australia. Established by father and daughter team, Brian Sherman AM and Ondine Sherman, Voiceless:

  • creates and fosters networks of leading lawyers, politicians and academics to influence law and public policy;

  • conducts high quality research and analysis of animal industries, exposing legalised cruelty and promoting informed debate;

  • creates a groundswell for social change by building and fortifying the Australian animal protection movement with select Grants and Prizes; and

  • aims to inform consumers and empower them to make animal-friendly choices.

21 April 2009

Workcover guidelines for medical examinations and claiming benefits

Mon Apr 20 2009

The WorkCover Authority of New South Wales has gazetted guidelines made under the Workplace Injury Management and Workers Compensation Act 1998. The guidelines set out procedures for independent medical examinations ; making and determining an application for an interim payment direction under Part 5 of Chapter 7 of the 1998 Act; and claiming compensation benefits�

These guidelines commence on 1 May 2009.

20 April 2009

Reminder: swearing in ceremony for Robert Forster SC

Mon Apr 20 2009

On Monday, 4 May 2009 there will be a ceremonial sitting for the swearing-in of Robert Forster SC as a judge of the Supreme Court of New South Wales. The ceremony will be held in the Banco Court, Queens Square at 9.30am. Tom Bathurst QC will speak on behalf of the bar. Barristers are to wear robes and wigs. Senior counsel should wear full-bottomed wigs.

1 May 2009

Reminder: swearing in ceremony for Rachel Pepper

Mon Apr 20 2009

Tomorrow morning**, on 1 May 2009, there will be a ceremonial sitting for the swearing in of Rachel Pepper as a judge of the Land and Environment Court. The ceremony will be held on Level 13, Banco Court, Queens Square at 9.15am. President Anna Katzmann SC will speak on behalf of the bar. Robes are to be worn, but wigs are not to be worn. **

30 April 2009

AG Hulls says Victoria has a more balanced approach to bikie gangs

Thu Apr 16 2009

Victorian Attorney-General Rob Hulls has criticised the legislative response to bikie gangs in New South Wales and South Australia.

"Focusing on membership of bikie gangs, rather than the criminal behaviour of their members, is not sufficient to address serious and organised crime in the complex and changing environment which Australia faces," he said.

"There is no evidence to suggest that the legislation to criminalise outlaw motorcycle gangs, including the laws introduced in South Australia, have been effective in addressing the organised criminal activities of these groups."

Learn more>

16 April 2009

NSW AG announces first president of the Children's Court

Thu Apr 16 2009

District Court Judge Mark Marien SC will become the first president of the Children’s Court of NSW, Attorney General John Hatzistergos announced today. The proposed appointment is part of the government’s response to the recent Special Commission of Inquiry into Child Protection Services. Learn more >

16 April 2009