InBrief

SEARCH ALL POSTS

New appointments to the Federal Court

Fri Oct 23 2009

Attorney-General, Robert McClelland, announced the appointment of five new judges to the Federal Court of Australia.� The Hon Justice Julie Dodds-Streeton and Mr Mordy Bromberg SC have been appointed as judges of the Federal Court in Melbourne and Ms Anna Katzmann SC, Mr John Nicholas SC and Mr David Yates SC have been appointed as judges of the Federal Court in Sydney. Learn more >

23 October 2009

Annabel Crabb to speak at the bar

Fri Oct 23 2009

The Bar Association is pleased to announce that Annabel Crabb will be a guest speaker at the bar on Wednesday, 4 November from 5.15pm in the Common Room. Anna Katzmann SC will chair the session. Annabel Crabb is an award winning journalist� who is a� political commentator for the Sydney Morning Herald.� She is well known for her humorous insights into federal politics. She has appeared on a number of television programs including Good News Week, Insiders and Q & A and recently joined the ABC.� She is also the author of a recent Quarterly Essay, Stop At Nothing: The Life and Adventures of Malcolm Turnbull, and earlier in her career wrote a book about Labor in Opposition, Losing It.

2 November 2009

New safeguards for issuing search and other warrants

Fri Oct 23 2009

The Courts and Crimes Legislation Amendment Bill 2009 _was introduced into the NSW Legislatve Assembly this morning and has been agreed to in principle. The objects of this Bill, as provided by the explanatory note, are (a) to amend various Acts to remove the power of the attorney general to revoke the appointment of Supreme Court judges as eligible judges for the purposes of issuing search and other warrants and exercising other similar administrative functions (b) to amend the _Bail Act 1978 to revise the test to be applied by a court in determining whether to refuse to hear a further application for bail by an accused person, and other purposes. Learn more >

23 October 2009

Judicial Commission produces DVD on circle sentencing

Fri Oct 23 2009

Australian of the year Dr Mick Dodson AM has launched a DVD which provides new insight into the practice of circle sentencing. The chief executive of the Judicial Commission of NSW, Mr Ernie Schmatt, said that "the experiences of circle sentencing shared on this DVD are overwhelmingly positive and it provides insights and a wealth of knowledge about this important sentencing initiative." As well as providing an educational tool for judicial officers, the new DVD will be of great benefit to other participants in circle sentencing, including police prosecutors, defence lawyers, project officers and Aboriginal elders. Learn more>

23 October 2009

Another step towards a national judiciary

Fri Oct 23 2009

The New South Wales Government has introduced into parliament the Judicial Officers Amendment Bill 2009. The object of the Bill, as provided by the explanatory note, is to amend the _Judicial Officers Act 1986 _to enact in NSW model national provisions approved by the Standing Committee of Attorneys-General relating to the temporary exchange of judicial officers between various courts and tribunals in Australia and other countries.

23 October 2009

New appointment to the Local Court

Thu Oct 22 2009

Attorney General John Hatzistergos today announced he would recommend to Governor Marie Bashir AC the appointment of Susan McGowan to the bench of the NSW Local Court. Ms McGowan has practised law for more than a quarter of a century and has been a partner in a Bowral law firm since 1989. Learn more >

22 October 2009

Final reminder: Pink Ribbon Breakfast is on tomorrow

Thu Oct 22 2009

Members are invited to attend a Pink Ribbon Breakfast in support of the National Breast Cancer Foundation’s Pink Ribbon Day this Friday, 30 October 2009, 8.00-9.30am, in the Bar Association Common Room. The cost is $20 (inc. GST) or $30 after 3pm Wednesday, 28 October or at the door.

All proceeds of the breakfast go directly to the National Breast Cancer Foundation. Download a registration form>

29 October 2009

Final reminder: 2009 Forbes Lecture tonight

Thu Oct 22 2009

The Francis Forbes Society for Australian Legal History invites members to attend the annual Forbes Lecture, to be held in the Bar Common Room tonight at 5.00pm. The guest lecturer will be Associate Professor Mark Lunney, from the University of New England. The theme is "Federation and Beyond: What the History of Australian Tort Law Can Tell Us".

Whilst some work has been done on the development of private law in the colonial period, little study has been undertaken of the post-Federation period. As Bruce Kercher has noted, it has traditionally been assumed that Australian law simply followed English law. This lecture will evaluate the traditional view by considering three leading cases in Australian tort law from three different periods - Balmain New Ferry Co Ltd v Robertson (1906), Australian Knitting Mills Ltd v Grant (1933) and Hargrave v Goldman (1963). It reveals that Australian courts were confronted with novel legal issues that could not be resolved by mere reference to English authority. Moreover, an analysis of the historical context of the cases reveals peculiarly Australian contexts to these decisions and demonstrates the contribution that studies of the history of tort law can make to wider Australian history.

Associate Professor Mark Lunney obtained his undergraduate degrees from the University of Queensland, before moving to the UK to undertake postgraduate research at Cambridge. Between 1991-2003 he was lecturer, senior lecturer and reader at the School of Law, King‘s College London and since July 2003 has been an Associate Professor at the School of Law at the University of New England.

Associate Professor Lunney has published widely in the fields of tort and legal history. He is co-author of Tort Law: Text & Materials (3rd ed, 2008) (with KA Oliphant), The Law of Torts in Australia (4th ed, 2007) (with Francis Trindade and Peter Cane) and is a contributor to Butterworths Common Law Series The Law of Tort (2nd ed, 2007). He has presented at major legal history conferences, including the London Legal History Seminar, the British Legal History Conference and the Australia and New Zealand Law and History Society Conference. He has written on the history of the solicitors' profession in England, Australia and New Zealand and his recent historical research has focused on contextual analysis of leading Australian tort cases. �

5 November 2009

Reappointment of Acting Judge Johns

Wed Oct 21 2009

His Honour Acting Judge Johns has been reappointed as an acting judge of the District Court of New South Wales and as a member of the Dust Diseases Tribunal of New South Wales for the period commencing on 22 November 2009 and expiring on 21 November 2010.

21 October 2009

Alternative amendment to the Bar Association Constitution

Wed Oct 21 2009

The notice for the Bar Association's Annual General Meeting to be held on 13 November includes a proposal for a new clause to be inserted in the Association’s Constitution concerning the giving of notice of resolutions to be moved at a General Meeting. Because the circulated amendment could be read as limiting matters for discussion, rather than, as intended, providing a clearer direction as to how matters may be placed before meetings, the Bar Council has resolved that at the forthcoming Annual General Meeting the following resolution be moved instead of that circulated with the notice of meeting.� Learn more >

21 October 2009

Appointment of new magistrate

Tue Oct 20 2009

Attorney General John Hatzistergos has announced the appointment of Ms Teresa O'Sullivan as a magistrate of the Local Court of New South Wales, commencing on and from 30 November 2009. Learn more >

20 October 2009

There was movement at the chambers

Tue Oct 20 2009

Changed your head of chambers recently? The Bar Association requests that any clerks who have not yet notified the certification officer about a recently appointed head of chambers, should please do so immediately. Up to date records greatly assist the Bar Association in its efforts to distribute important information and to organise heads of chambers meetings.

20 October 2009

Where now for the rule of law in Australia?

Mon Oct 19 2009

The rule of law: everyone supports it. But what are the challenges confronting it in Australia and how should the legal profession, legislators, judicial officers and law reform commissioners respond? Members are invited to Is the Rule of Law Under Challenge in Australia? a conference, organised by the Bar Association and the Rule of Law Association of Australia, to be held on Friday, 20 November 2009, 9.00am-1.30pm at the Hilton, Sydney.

The list of distinguished speakers and chairpersons includes:� Attorney-General Robert McClelland; Chief Justice J J Spigelman AC; Senator the Hon George Brandis SC; the Hon Justice David Hammerschlag; the Hon Justice Margaret Stone; Richard McHugh SC, Robin Speed� and Professor David Weisbrot AM, Australian Law Reform Commission. Places are limited so book now.

9 November 2009

Female bar readers welcome & networking lunch

Mon Oct 19 2009

All members are invited to the biannual lunch for female bar readers on Friday, 23 October between 12:45 - 2:00pm, to be hosted by the Women Lawyers Association of NSW. Non-reader attendees must pay for their own lunch. Please register your attendance� to ensure adequate seating. The venue will be the Buena Vista Cafe & Bar, which is located on Level 14, Queens Square. Download and view a copy of their menu.

19 October 2009

Bench and Bar v Solicitors chess match

Mon Oct 19 2009

The annual Bench & Bar v Solicitors chess match for The Terrey Shaw Memorial Shield will be held on Thursday, 5 November 2009 at 5.45pm (for 6pm start) at Allens Arthur Robinson, Level 28, Deutsche Bank Place, corner of Hunter and Phillip streets. Morris Needleman, International Arbiter, will once again be on duty. The match caters for all standards. Members interested in playing are asked to contact� the Bench and Bar captain, Robert Colquhoun ph: (02) 9252 7477 or vice captain, Gordon McGrath, ph:(02) 9335 3022.

19 October 2009

Cases selected for reporting in FCR by V Kline

Mon Oct 19 2009

Following are the cases selected by V Kline for reporting in FCR:

Snedden v Republic of Croatia [2009] FCAFC 111 Lui v Federal Commissioner of Taxation� [2009] FCAFC 115 Assistant Treasurer and Minister for Competition Policy and Consumer Affairs v Cathay Pacific Airways Ltd� [2009] FCAFC 105 Lawyers for Forests Inc v Minister for Environment Heritage and the Arts� [2009] FCAFC 114 Kowalski v MMAL Staff Superannuation Fund Pty Ltd� [2009] FCAFC 117 Federal Commissioner of Taxation v Star City Pty Ltd (No 2)� [2009] FCAFC 122

Commonwealth Bank of Australia v Deputy Commissioner of Taxation� [2009] FCAFC 126 Combis v Jensen� [2009] FCA 778 Federal Commissioner of Taxation v Barnes Development Pty Ltd� [2009] FCA 830 Australian Securities and Investments Commission v Axis International Management Pty Ltd� [2009] FCA 852 Re Opes Prime Stockbrocking Ltd� [2009] FCA 813 Avoca Consultants Pty Ltd v Milennium3 Financial Services Pty Ltd� [2009] FCA 883 EMAS Offshore Pty Ltd v The Ship APC Aussie 1� [2009] FCA 872 Travelex Ltd v Federal Commissioner of Taxation� [2009] FCAFC 133 Federal Commissioner of Taxation v Aid/Watch Inc� [2009] FCAFC 128 Minister for Immigration and Citizenship v Zhang� [2009] FCAFC 129 Nokia Corporation v Liu� [2009] FCAFC 138 Civil Aviation Safety Authority v Central Aviation Pty Ltd� [2009] FCAFC 137 Re McJannett� [2009] FCA 996

19 October 2009

Final Reminder Nominations for 2010 Bar Council

Fri Oct 16 2009

Members are reminded that nominations for election to the 2010 Bar Council close at 4.00pm on Monday 19 October 2009.

Any member who has not received a nomination form can obtain one from the 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 Corinne Brown at the Bar Association on ph 9229 1754, or e-mail cbrown@nswbar.asn.au.

P.A. Selth Executive Director & Returning Officer

16 October 2009

Re-trial of Galileo on the ABCTV Compass

Thu Oct 15 2009

On Sunday 9 May at 10.10pm the ABC TV programme Compass will show the Re-Trial of Galileo, which was held on 26 October 2009 at the University of New South Wales. As part of the International Year of Astronomy (IYA)� and the 400th anniversary of Galileo's use of the telescope the School of History and Philosophy of Science at UNSW� recreated the Inquisition in 1633, which condemned Galileo as a heretic for his defence of Copernicanism. Anna Katzmann SC (as she was then) appeared for the prosecution, while Julian Burnside AO QC appeared for the defence. Former premier Bob Carr assumed the role of the Grand Duke of Tuscany, Cosimo de Medici II.

6 May 2010

New look Bar Library web site

Thu Oct 15 2009

The Bar library’s web site has a new look and feel. Check it out at http://library.nswbar.asn.au/� Many thanks to Jenny Nott and Matthew Vickers for all their hard work and persistence, not to mention their artistic flair. If you still see the old version, click on the refresh button on your browser. If you have the Library Links as your home page (and who doesn’t?), please change the URL to http://library.nswbar.asn.au/links.php�

15 October 2009

Appointment to the Local Court

Thu Oct 15 2009

Attorney General John Hatzistergos has announced the appointment of Teresa O'Sullivan to the bench of the New South Wales Local Court. Ms O’Sullivan will be sworn in as a magistrate on 30 November. Learn more >

15 October 2009

Family Court drive to reduce backlog of cases

Thu Oct 15 2009

In September the Family Court of Australia held a special sitting in Sydney to reduce the backlog of cases. Judges from registries in other states were brought in to help, with the result that nearly 40 cases were either heard or disposed of by consent orders. Following on from this success, the Sydney Registry� has advised the Bar Association of administrative arrangements for listing of more cases for determination during the last two weeks of February 2010.

The court proposes that matters to be heard will be listed in streams to assist counsel appearing, and that parties will be notified shortly of arrangements for listing. Every attempt will be made in this process to accommodate the convenience of counsel. Members requiring further information should contact the Hon Justice Jennifer Boland at the Sydney Registry.

15 October 2009