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Online survey of Parliamentary Counsel drafting style

Mon Nov 30 2009

The Commonwealth Office of Parliamentary Counsel is seeking the participation of members in a survey regarding its legislative drafting style. The online survey will be conducted by ORIMA Research during February 2010. Those interested in taking part should contact Alastair McConnachie at the Bar Association by 9 December.

30 November 2009

Australian Bar Association office bearers for 2010

Mon Nov 30 2009

At a meeting of the Australian Bar Association Council on Sunday, 29 November the following were elected to be office bearers for 2010: President: Peter Riordan SC (Vic Bar) Vice-President: Michael Stewart SC (Qld Bar) Hon Secretary: Dan O'Connor- (Qld Bar) Hon Treasurer: Craig Colvin SC (WA Bar) Chair, Australian Bar Advocacy Training� Council: Phil Greenwood (NSW Bar)�

Tom Bathurst QC remains a councillor by virtue of his position as president of the New South Wales Bar Association.

30 November 2009

Legislation to note: amendments to the Federal Magistrates Court Rules

Mon Nov 30 2009

The Federal Magistrates Court Amendment Rules 2009 (No 3) comes into effect on 30 November 2009. The amendments introduce new rules in relation to subpoenas with provision for the release of documents produced for inspection and copying without the need for a listing before a judicial officer, where there is no objection.� The amendments are aimed at reducing the number of court appearances for production of subpoenaed documents when there is no dispute.

The subpoena� form has been approved for use from 30 November 2009. The new approved form includes a new notice of objection. The old/current subpoena form will be removed from the website and should not be filed from 30 November 2009.�

A new Notice of Request to Inspect� form has been approved for use from 30 November 2009� and must be filed prior to any right to inspect under the rules.� �

30 November 2009

Law Council office bearers for 2010

Mon Nov 30 2009

At meeting of Law Council directors on 28 November the 2010 office bearers were elected. They are: President:� Glenn Ferguson (Qld Law Society) President elect: Alex Ward (SA Law Society) Treasurer: Cathy Gale (Law Institute of Victoria) Executive members: Joe Catanzariti (NSW Law Society) Michael Colbran QC (Vic Bar) Duncan McConnell (NT Bar)

30 November 2009

Murray Gleeson made honorary member of the Law Council

Mon Nov 30 2009

The Hon Murray Gleeson AC QC has been made an honorary member of the Law Council of Australia for his extraordinary contribution to the legal profession and community. Law Council President John Corcoran bestowed honorary membership on Mr Gleeson at a dinner in Canberra on Friday. Learn more>

30 November 2009

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

Fri Nov 27 2009

The American Bar Association's International Law Section, is organising a one-day conference on 9 February 2010. The theme of the ILEX conference is Australian and US perspectives on "Cross-Border Collaboration, Convergence and Conflict: The Internationalization of Domestic Law and Its Consequences." Confirmed speakers include the Hon Antonin Scalia, Sir Anthony Mason AC KBE AC, the Hon Murray Gleeson AC QC, the Honorable Michael Kirby AC CMG, and other leaders of the legal profession in Australia and the U.S. Download the conference programme for more information.

The conference will be held in the Banco Court and is being organised in conjunction with the Law Council of Australia, Law Society of New South Wales and New South Wales Bar Association.

The first session will be a debate between Justice Scalia and Michael Kirby moderated by Murray Gleeson on International Values and Constitutional Law. The second will be a session on International Harmonisation of Commercial Law in which Justice Finn, Michael Pryles and others will be speaking. Later sessions in the day will involve criminalisation of cartel behaviour, the effects of the global financial crisis and emerging property rights in systems such as emissions trading schemes.

27 November 2009

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Applications for 2010 committee membership - Today is the deadline

Fri Nov 27 2009

Members (not just those holding a practising certificate) who wish to be considered for appointment to a committee should complete the application form online or in hard copy showing the committees for which they wish to be considered. Existing members of committees who wish to continue on a particular committee should also complete the form online or in hard copy. Expressions of interest will close at 5.00pm today, Monday, 14 December 2009.

The Bar Association is very fortunate that we have many more volunteers for committees than can possibly be accommodated. The president has therefore asked that members restrict their choice of committees to no more than two.

In confirming committee membership, the president ensures that all parts of the bar – geographically, practice areas and seniority – are represented on each committee.

Please note that until new committees are established and promulgated, the existing committees continue unchanged. The existing appointments to various working parties and representatives for the Bar Association continue unless and until the president determines otherwise.

Acknowledgement of your expression of interest will be e-mailed to you within 24 hours. If you do not receive an acknowledgement please contact cbrown@nswbar.asn.au or telephone Corinne Brown on 9229 1754.

Thank you.

**P A Selth Executive Director

14 December 2009**

No Title - Please give me one

Fri Nov 27 2009

legislation limiting the courts’ ability to give criminals discounts on their sentences.

In its final report under the chairmanship of former Supreme Court Justice Hon. James Wood AO QC, the NSW Sentencing Council also recommends victims be included in the charge negotiations process between the prosecution and the offender. “This would build a mechanism into the charge negotiations process to guarantee that victims of crime get a fair say,” Mr Hatzistergos said. “The prosecution would have to sign a certificate to verify they had consulted with victims on the statement of facts submitted to the court during sentencing.” The report Reductions in Penalties at Sentence was commissioned by the NSW Government to ensure offenders were not receiving excessive sentence reductions. The report recommends new laws: • to ensure no discounts for sex offenders solely on the basis that they will be designated prohibited persons under Child Protection laws and prevented from working with children; • to ensure no discounts for offenders on the basis that their assets have been confiscated; • to ensure any discounts do not result in a penalty that is ‘unreasonably disproportionate’ to the serious nature and circumstances of the offence; and • to require the court take into account the circumstances in which the offender pleads guilty .

John Marsden Memorial Lecture (ADVERTISEMENT)

Thu Nov 26 2009

The second John Marsden Memorial Lecture will be given on the evening of Monday, 30 November 2009 in� the Grand Hall of the Sydney Masonic Centre, 66 Goulburn Street, Sydney at 5.30pm for 6pm. The lecture will be delivered by Sri Anand Grover, who is a senior advocate at the Supreme Court of India in New Delhi.

Mr Grover was leading counsel in the important recent case of Naz Foundation v Union of India, decided by the Delhi High Court in July 2009. That decision held that the 149 year old s377 of the Indian Penal Code, drafted by Thomas Macaulay, was invalid under the Indian Constitution as conflicting with the requirements of the Constitution to protect individual equality and privacy. The section, which is still reflected in the laws of 31 of 53 countries of the Commonwealth of Nations, prohibited sexual activity between adult same-sex partners.� An appeal has been lodged to the Supreme Court of India.� However, it is not certain whether the government of India itself will appeal.

In addition to his role as a leading advocate at the bar in India, Mr Grover is the United Nations special rapporteur on the right to health. More than a decade ago, in Mumbai, he established the Lawyers’ Collective on HIV/AIDS, which has played an important part in informing public opinion in India about the HIV/AIDS epidemic.� His wife, Indira, also a senior advocate at the Supreme Court, is presently an additional solicitor-general of India.� He is visiting Australia in his capacity as UN special rapporteur on health.�

The lecture will be open to the public and members of the bar are invited. Admission is free.� Mr Grover will be introduced by the Hon Michael Kirby AC CMG, past justice of the High Court of Australia.� The lecture remembers the role of the late John Marsden, one time president of the NSW Law Society and advocate of gay law reform.

26 November 2009

Barristers and the Australian Tax Office: A message from the president

Thu Nov 26 2009

For some years now the NSW Bar Association has had a close working relationship with the ATO with a view to assisting members who for various reasons have difficulty meeting their taxation obligations. The ATO has now proposed a more structured mechanism to deal with these problems by way of a designated ‘contact point’ for all NSW barristers when they have issues with late payment and / or lodgment. Download details of the new ‘contact point’ arrangements.

The Bar Association welcomes this approach.

Tom Bathurst QC President 26 November 2009

Law Council supports reinstatement of Racial Discrimination Act

Thu Nov 26 2009

The Law Council of Australia has supported the reinstatement of the Racial Discrimination Act (RDA) under the NT Intervention. Law Council President John Corcoran said, "The restoration of fundamental rights for Aboriginal people in the Northern Territory is long overdue. This announcement is an important step forward in ensuring the NT Intervention meets Australia’s international obligations." Learn more >

26 November 2009

NSW Parliament passes proceeds of crime legislation

Wed Nov 25 2009

Minister for Police Michael Daley today announced that the Criminal Assets Recovery Amendment Bill 2009 _had passed through both houses of the New South Wales Parliament yesterday. The object of the Bill, as provided by the explanatory notes, is to amend the _Criminal Assets Recovery Act 1990 and the Confiscation of Proceeds of Crime Act 1989, following the decision of the High Court in International Finance Trust Company Ltd & Anor v New South Wales Crime Commission and Others.

On 12 November a majority of the High Court found that section 10 Criminal Assets Recovery Act 1990 was invalid, and the circumstances surrounding the application and the ultimate order being discharged in two limited circumstances was "repugnant to the judicial process in a fundamental degree". View the minister's agreement in principle speech >

25 November 2009

Print your own regulations

Wed Nov 25 2009

The Parliamentary Counsel's Office has announced that the publication of pamphlet copies of individual statutory instruments and annual bound volumes of Regulations will cease from the end of 2009. Statutory instruments are available from www.legislation.nsw.gov.au�

25 November 2009

Reminder: funeral for the Hon John B Kearney (1921-2009)

Wed Nov 25 2009

A funeral service for the Honourable John Kearney KCSG CEP QC will be held at 2.00pm on Monday, 30 November 2009 at the St Aloysius' College Chapel, 47 Upper Pitt Street, Kirribilli. Parking is limited – Paul St in Milsons Point being the closest parking station. In lieu of flowers, the family would appreciate donations to Caritas Australia, GPO Box 9830, Sydney, NSW 2001.

27 November 2009

Come along to the NSW Bar Christmas Party

Tue Nov 24 2009

The EO and HSR Committees invite members and their family�to celebrate the festive season at the NSW Bar Christmas Party on Wednesday,�7 December at 5.00pm in the Common Room. The cost is $30 per person (GST incl) and includes canap�s and drinks. Children under 16 admitted free. Santa will� arrive around 5.15pm and the Bar Choir will lead carol singing. Learn more>

5 December�2011

MAAS arrangements during December 2009 - January 2010

Tue Nov 24 2009

In accordance with a general direction from the Premier’s Department to New South Wales Government agencies, the Motor Accidents Assessment Service (MAS and CARS) will be operating with skeleton staff from Thursday, 24 December 2009 until Friday 8 January 2010. MAS and CARS Registry will be closed on public holidays only (25, 28 & 29 December and 1 January 2010) and will be open their usual hours (8:30am to 5pm) every other day.

24 November 2009

The Vic Bar announces its new silks

Tue Nov 24 2009

Three women are among the 13 new silks appointed by the Victorian Bar. Mr Michael Colbran QC, chairman of the Victorian Bar thanked the chief Justice, and the judges of the Supreme Court for "the time, care and thoroughness given to considering the applications and making the selection". Learn more>

24 November 2009

Papers to note: report on the Northern Territory Intervention

Tue Nov 24 2009

The Australian Government today released the Report on the Northern Territory Emergency Response Redesign Consultations, detailing feedback from several thousand people at more than 500 meetings across the Northern Territory between June and August 2009. According to the report, people expressed strong support for the government’s commitment to restore the operation of the Racial Discrimination Act. Learn more>

24 November 2009

Swearing in ceremony for Susan McGowan and Teresa O'Sullivan

Mon Nov 23 2009

A ceremonial sitting will be held in the Local Court on Monday, 30 November at 9.00am in courtroom 5.2 to mark the swearing-in of Susan McGowan and Teresa O'Sullivan as magistrates. Peter Maiden SC will speak on behalf of the bar.

23 November 2009�

Remuneration for judges, magistrates and related office holders

Mon Nov 23 2009

Section 13 of the Judicial Officers Act 1986, requires the Statutory and Other Offices Remuneration Tribunal, each year, to make a determination on the remuneration to be paid to office holders on and from 1 October in that year. The latest determination was gazetted on 20 November. Learn more>

23 November 2009