New chief justice of the Federal Court

Wed Feb 10 2010

The Hon Justice Patrick Keane of the Queensland Court of Appeal will be the next chief justice of the Federal Court of Australia. Justice Keane will begin his appointment on Monday, 22 March 2010. His Honour will be the third chief justice appointed to the Federal Court since its inception, and the first from Queensland. Chief Justice Michael Black AC will retire on 21 March 2010. Learn more>

10 February 2010

Appointment to the Land and Environment Court

Wed Feb 10 2010

Malcolm Craig QC will be sworn in as a judge of the Land and Environment Court on 2 March 2010. The ceremonial sitting will be held in the Banco Court at 9.15am. President Tom Bathurst QC will speak on behalf of the NSW Bar. Learn more >

25 February 2010

New titles in the Bar Library

Tue Feb 09 2010

The Bar Library has added the following titles to its collection:

Call No Title
NSW/CL/CPE/09.169 De facto legislation and binding financial agreements 09/169
NSW/CL/CPE/09.180 Property taxes update 09/180
NSW/CL/CPE/09.191 The latest on workers compensation 09/191
NSW/CL/CPE/09.201.1 Conveyancing : formation of property contracts 09/201.1
NSW/CL/CPE/09.201.2 Conveyancing : searches, settlements and enquiries 09/201.2
NSW/CL/CPE/09.208 Latest developments in family law 09/208
NSW/CL/CPE/09.209 Retail and commercial leases - new developments 09/209
NSW/CL/CPE/09.210� Supreme Court : the essential guide to practice and procedure 09/210
NSW/CL/CPE/09.214 Critical issues in today's workplace law 09/214
NSW/CL/CPE/09.99 Environment and planning law update 09/99
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9 February 2010 �



Banking and finance in the new world – beyond the GFC

Tue Feb 09 2010

Expert lawyers from Australia and overseas will address an up-coming conference on "Banking and Finance in the New World – Beyond the GFC". Co-presented by the International Bar Association’s Banking Law Committee and the Business Law Section of the Law Council of Australia, the conference is must for all finance securities and banking lawyers, whether in private practice or working in-house, and those working generally in the banking, finance and security sectors.

The conference will examine a range of topics, including directors’ duties, restructuring, foreign direct investment and many more. The conference will be held from 8-9 April 2010 at the InterContinental Hotel in Sydney. Conference registrants are eligible for up to 9 CPD hours for attending this event.

For more information, visit

17 March 2010 �

ALRC report aims to cut the cost of royal commissions

Fri Feb 05 2010

The Australian Law Reform Commission has released the final report of its review of royal commissions and other federal inquiries. Making Inquiries: A New Statutory Framework (ALRC Report 111), contains 82 recommendations and was tabled yesterday in the Australian Parliament. In a nutshell,� the report recommends the Royal Commissions Act 1902 (Cth) be renamed the Inquiries Act and amended to provide for the establishment of two tiers of public inquiry— royal commissions and official inquiries. View the ALRC's media release >

5 February 2010

Reminder: retirement of Justice Robert Austin tomorrow

Fri Feb 05 2010

Justice Robert Austin will sit for the final time as a Supreme Court judge this Friday, 5 March 2010 at 10.00am. President Tom Bathurst QC will say a few words on behalf of the New South Wales Bar. His Honour intends to return to the University of Sydney as a visiting fellow and the Challis Lecturer in Corporate Law.

4 March 2010** **

High profile speakers for a high value conference

Thu Feb 04 2010

Chief Justice James Spigelman AC will be a keynote speaker at the 2010 Conference of the International Council of Advocates and Barristers, which gets under way next week. The programme features many other eminent guest speakers, such as His Excellency Mr Jeffrey Bleich, US Ambassador to Australia, Justice Malcolm Wallis (South African High Court), Chief Judge Brian Preston (NSW Land and Environment Court), Justice Michael Slattery (NSW Supreme Court) and Bret Walker SC.

Attendance at the conference will accrue 10 CPD points for full attendance, and Bar Council has agreed that these points can either be used retrospectively towards the 2009-10 CPD year or prospectively for the 2010-11 CPD year at the discretion of the individual member.

23 March 2010

Tonight: Lachlan Macquarie and the rule of law

Thu Feb 04 2010

Brent Salter will present "Lachlan Macquarie and the Rule of Law" - a public lecture marking the bicentenary of the start of Lachlan Macquarie's governorship. This public lecture, to be held tonight in the Bar Association Common Room, will commence at 5:15pm and conclude no later than 6:30pm.

10 March 2010

15 Bobber: Justice John Nicholas and Justice David Yates

Thu Feb 04 2010

The 15 Bobber to celebrate the appointment of the Hon Justice John Nicholas and the Hon Justice David Yates to the Federal Court a 15 Bobber will be held on Friday, 26 February 2010. Speaking for Justice Nicholas will be Ron Webb SC and for Justice Yates will be Stephen Burley SC. The 15 Bobber will commence at 5.30pm with the speeches beginning at 5.45pm.

Pre-registration is $15 and MUST be sent to the association by 3.00pm Thursday, 25 February. Reservations made after this time and at the door will be $25.

Download a registration form and return it with payment to the New South Wales Bar Association, DX 1204 SYDNEY or fax 9221 1149.

Please contact Katie Hall on ph (02) 9229 1720 if you have any questions regarding the 15 Bobber.

25 February 2010

Changing your address in 2010?

Wed Feb 03 2010

Are you planning to leave your current chambers?� If so, please notify the Bar Association if you change your practice address. The Legal Profession Regulation 2005� requires barristers to advise The New South Wales Bar Association, in writing, of any change in practice address. The notification must be made within seven days of any change in particulars. A PO Box cannot be a practice address. If you change your practice address you may notify the Bar Association’s certification officer Barrie Anthony by e-mail at

3 February 2010

2010 Family Law Intensive

Wed Feb 03 2010

The Law Council's Family Law Section will hold its 10th annual Sydney Family Law Intensive on Saturday, 13 February 2010 between 9.00am and 5.30pm at the Sofitel Wentworth Hotel. Topics range from "Everything You Need to Know" to "Everything You Didn't Know You Didn't Know". For more information and to register, download a brochure or visit

8 February 2010

Swearing in ceremony for Estelle Hawdon

Tue Feb 02 2010

A ceremonial sitting for the swearing-in of Estelle Hawdon as a magistrate of the New South Wales Local Court will be held on Monday, 8 February 2010 at 9.00am in Courtroom 5.2 of the Downing Centre. Tim Game SC will speak on behalf of the bar. Practitioners are not to be robed.

2 February 2010

Australian and NZ Society of International Law annual conference: call for papers

Tue Feb 02 2010

The 18th Annual Conference of the Australian and New Zealand Society of International Law� will take place from Thursday, 24 June 2010 to Saturday, 26 June 2010 at University House, The Australian National University, Canberra, hosted by the Centre for International and Public Law, ANU College of Law. The title of the conference will be: "International Law in the Second Decade of the 21st Century: Back to the Future or Business as Usual?"

The Conference Organising Committee now invites proposals for papers to be presented at ANZSIL’s 18th Annual Conference. Special consideration will be given to proposals which seek to explore these perspectives either generally or in one of the following areas:

  • international environmental law, in particular international law concerning climate change, post-Copenhagen;

  • international law perspectives on the Global Financial Crisis and its aftermath;

  • constitutionalisation of international law;

  • the rule of law in relation to efforts to combat terrorism;

  • private international law (including areas such as child abduction);

  • international law of the sea;

  • international economic law (including trade law, investment law and intellectual property law).

Paper proposals on other areas of international law – including but not limited to international human rights law, humanitarian law, criminal law, state-building and international administration, developments in international institutions, and international relations and international law – are also welcome.

Those proposing papers for presentation at the conference should submit a one- page� abstract� and� brief� one- page� curriculum� vitae by e-mail to the Conference Organising Committee� ( by no later than Thursday, 4 March� 2010.� Please include the heading on your email message ‘ANZSIL Conference 2010 Paper Proposal: [Your Name]’. The Conference Organising Committee will inform applicants of the outcome of their proposals no later than the end of March 2010.

2 February 2010 �

Cases selected for reporting in FCR by V Kline

Tue Feb 02 2010

Cross-Border Collaboration, Convergence and Conflict starts tomorrow

Tue Feb 02 2010

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", starting tomorrow in Sydney.

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 Hon Murray Gleeson and the Hon 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 New South Wales 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

8 February 2010

Speeches to note: Towards a National Judiciary and Profession

Tue Feb 02 2010

The chief justice of New South Wales, the Hon JJ Spigelman AC, last night delivered his annual address to the Opening of Law Term Dinner. In "Towards a National Judiciary and Profession", Chief Justice Spigelman makes a number of observations regarding current proposals for a national judiciary and legal profession. He observed that: "Our present system does not ensure that we make full use of our most talented judges, particularly those with highly specialised knowledge. Nor does it ensure that there is an optimal allocation of resources to the separate institutions which administer the single body of Australian law. Nor does it ensure that the inevitable institutional tensions and intermittent turf battles are a creative form of competition. We can do better with a national judiciary." View the CJ's speech>

2 February 2010

Amendments to the Criminal Procedure Act 1986

Mon Feb 01 2010

The Criminal Procedure Amendment (Case Management) Act 2009 commenced today, 1 February 2010. The object of the Act is to amend the Criminal Procedure Act 1986 to make further provision in relation to the management of cases to reduce delays in proceedings on indictment, including provision in respect of pre-trial disclosure, pre-trial hearings and pre-trial conferences.

The Act also extends section 130A of the Criminal Procedure Act, which makes pre-trial orders binding on a trial judge in sexual assault proceedings, to all proceedings on indictment. The amendment also extends the application of the section to orders of the trial judge in the proceedings so that where there is a new hearing ordered or the proceedings are discontinued, the orders of the original trial judge are binding on another trial judge hearing fresh proceedings except in certain circumstances.

1 February 2010

Centrepay: a new way to pay court fines

Mon Feb 01 2010

Amendments to the Fines Act 1996 have now commenced, making it easier for people who are in receipt of Centrelink benefits to pay their court fines. Previously, a person convicted by a court and ordered to pay a fine or a monetary penalty had no choice but to pay up or apply for time to pay. If arrangements for payment were not made within 28 days, the matter would be referred to the State Debt Recovery Office (SDRO).

Recent amendments allow these to be paid through Centrepay: a service that provides for court fines to be paid by instalments, which can be deducted from Centrelink payments. It is free and completely voluntary. Fine debtors who choose to use Centrepay to pay their fines or monetary penalties must complete a form, which will be available from the Local Court registry or can be downloaded from LawLink. The form will also be included with each Notice of Penalty issued by courts.

The signed and completed form should be returned to the Local Courthouse. The Registrar of the Court will then refer the fine or penalty to SDRO and send SDRO a copy of the completed form.

SDRO must be satisfied that the fine debtor is receiving regular Centrelink benefits. Where necessary, SDRO staff will contact the fine debtor and discuss deduction arrangements. As soon as the deduction amount and commencement date are agreed, SDRO will make a time to pay order.

If SDRO decides not to make a time to pay order, the fine or penalty is referred back to the court and will then be processed in the normal way. Further information about Centrepay can be found on Centrelink’s web site at�

1 February 2010