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@TheLCA: the newsletter of the Law Council of Australia

Wed Mar 31 2010

The April 2010 issue of the Law Council’s e-newsletter @TheLCA is now available. It features the president's message as well as reports on the Law Council's legal aid web portal, amendment of the ASIO Guidelines and the LCA's submission on suggested changes to the role of the Senate Committee on Scrutiny of Bills.

4 May 2010

JADE, the free online legal research and alert service, now includes CaseTrace (ADVERTISEMENT)

Wed Mar 31 2010

JADE is a free online legal research service which has been developed by BarNet – a not for profit technology services organisation run by NSW barristers. JADE is used by over 5,000 lawyers from around Australia. It now includes more than 105,000 decisions from Australian Courts and Tribunals.

JADE search gives you relevant results with google-like ease, daily email alerts of decisions tailored to practice areas, and a research system designed by lawyers for lawyers.

CaseTrace links each decision in the system to later cases, at the paragraph level. You can read about Case Trace at the Jade Editor’s blog http://jadeful.wordpress.com/.

If you have questions about JADE or� its use you can contact BarNet directly on� 02 8815 9081 or e-mail� (jade@barnet.com.au)

31 March 2010

New members of the Bar Association

Wed Mar 31 2010

At a meeting of Bar Council on 11 March 2010, the persons listed below were accepted as members of the New South Wales Bar Association.

Surname � Given Name � Chambers Class
Notley � Ralphed � 7 Wentworth Chambers A
Marks � David � Inns of Court, Brisbane B
Sachs OAM � Troy � c/- NSW Bar Association B
� � � � � �
31 March 2010 � � �

Don't forget! The Bar Book Club starts tomorrow

Wed Mar 31 2010

The first meeting of the book club will be held in the Bar Library tomorrow at 6.00pm. The book is Dostoyevsky's, _Crime and Punishment. _The host is Simon Kalfas SC and wine and cheese will be provided.

14 April 2010

Legislation to note: costs for legal services in motor accident matters

Tue Mar 30 2010

The Motor Accidents Authority has gazetted the Motor Accidents Compensation Amendment (Costs and Fees) Regulation 2010. The object of this Regulation is to amend the Motor Accidents Compensation Regulation 2005 to increase the maximum costs for legal services provided by legal practitioners to claimants or to insurers in motor accident matters. The increases are generally in line with movements in the Consumer Price Index.The MAA is conducting a general review of the costs regulations with the intention of a more detailed revision of the costs regulations in September, 2010.

30 March 2010�

Improving juror understonding of DNA evidence

Tue Mar 30 2010

The Australian Institute of Criminology has published a report, which shows that more can be done to improve juror understanding of DNA evidence. Enhancing Fairness in DNA Jury Trials (AIC Trends & Issues in Crime and Criminal Justice Paper 392) suggests that enhancing the DNA knowledge of jurors leads to better decision-making and more secure verdicts.

30 March 2010

Media release: uninformed debate on sentencing must stop

Tue Mar 30 2010

An article in Saturday’s Sydney Morning Herald, which classified some District Court judges as "punitive" or otherwise, is completely irrelevant and potentially misleading according to the President of the Bar Association, Tom Bathurst QC. Learn more>

30 March 2010

Bench and Bar Dinner: RSVP by Friday, 30 April

Mon Mar 29 2010

The president and Bar Council have the pleasure of inviting all members of the Bar Association and the judiciary to the 2010 Bench and Bar Dinner. The guest of honour is the Hon Justice Virginia Bell and Ms Senior, Angela Bowne SC and Mr Junior, Jeremy Kirk. The dinner is on Friday, 14 May at the Hilton Sydney. Tickets are $190 and $150 for Under 5s.� RSVP is this Friday, 30 April and will only be accepted when accompanied by full payment. Download an invitation>

Seating arrangements of 10 per table will be accepted, as will smaller bookings. Seating will be offered on a first-in basis. If you have any questions regarding the dinner, please contact Katie Hall at khall@nswbar.asn.au or ph: (02) 9229 1720.

The rate for guests wishing to stay the night of the dinner will be $259 including breakfast for 2 in Glass. Bookings should be made direct with Denise O'Sullivan ph: (02) 9265 6052 or at, denise.o'sullivan@hilton.com

28 April 2010

Papers to note: NSWLRC report on mental health and the criminal justice system

Mon Mar 29 2010

The NSW Law Reform Commission has released four consultation papers on the law, practice and policy applying to people with mental health and cognitive impairments who are caught up in the criminal justice system. Following on from the release of these papers the Commission intends to undertake direct consultation with experts and the community. The deadline for submissions is 28 May 2010.�Learn more >

29 March 2010

Council of Australasian Tribunals (NSW Chapter) annual conference (ADVERTISEMENT)

Mon Mar 29 2010

The Council of Australasian Tribunals (COAT) 7th annual conference will take place on Friday, 7 May 2010 at the Menzies Hotel.� The keynote speaker is the Hon Justice John Basten, Court of Appeal, Supreme Court of NSW. Justice Stephen Rothman AM and John Griffith SC will form part of a Panel of Experts.� Download the complete program and a registration form� or call Ashleigh Adamo on ph: (02) 9223 8088.

13 April 2010

No Title - Please give me one

Fri Mar 26 2010

Applications for accreditation, re-accreditation of mediators under the National Standards and for selection to the Bar’s District Court panel of mediators for 2011-2012 will be called for in August 2010 and will close on 24 September 2010. 2010 accredited mediator information.

Per capita Commonwealth legal aid has droped 27 per cent since 1996-97 - report

Fri Mar 26 2010

The legal aid system is still struggling to recover from funding cuts introduced in 1996-97, and requires a rescue package in this year’s federal budget, according to a report by Pricewaterhouse Coopers.

"This reports shows that Commonwealth funding for legal aid has declined by 12 per cent in real terms from 1996-97 to 2008-09", said Alan Kirkland, chair of National Legal Aid, which commissioned the report.

"Per capita Commonwealth expenditure on legal aid has decreased by a staggering 27 per cent", he said.

View the National Legal Aid media release>

26 March 2010

Reminder: swearing-in ceremony at the Local Court

Fri Mar 26 2010

On Friday, 9 April 2010 at 9:00am in courtroom 5.2 of the Downing Centre Local Court there will be a full bench ceremony to mark the swearing-in of Harriet Grahame and Alexander Mijovich as magistrates of the Local Court of New South Wales. Anne Healey will speak on behalf of the bar.

7 April 2010

The NSW Bar Dispute Resolution Centre

Fri Mar 26 2010

Located on level 1, Selborne Chambers, the NSW Bar Dispute Resolution Centre is the most convenient dispute resolution centre for barristers and solicitors in the CBD. A hearing room and two party rooms, all with telephone conferencing and direct dial speaker phones, cost $440.00 per day. Other rates apply for half days or if the two hearing rooms combined. TV/DVD, white board, data projection, after hours air-conditioning and other facilities are available. Chilled water, tea, coffee and biscuits are available at all times and more substantial refreshments can be easily arranged.

Members are encouraged to nominate and use the centre and bookings can be made by contacting the centre on 1800 066 239 or by e-mail at bookings@nswbardisputeresolution.com.au . The centre’s web address is www.nswbardisputeresolution.com.au which has full details of the centre including photos and layout of the rooms.

26 March 2010

Insurance Law Intensive at the Sheraton Noosa Resort and Spa (ADVERTISEMENT)

Fri Mar 26 2010

AILA & QLS present the Insurance Law Intensive, Thursday, 6 – Friday 7 May at the Sheraton Noosa Resort and Spa. The Australian Insurance Law Association’s Queensland committee, together with the Queensland Law Society, proudly present the 2010 Insurance Law Intensive. The Intensive, themed Insurance – a challenging climb, will focus on how to navigate the many complex areas of insurance law.

Topics include criminal acts of third parties, claims management in the age of Twitter, Facebook and blogs and the ethics of the mediator/lawyer relationship. Speakers, such as the Hon Chief Justice Paul de Jersey AC, Supreme Court of Queensland, the Hon Cameron Dick MP, Attorney-General, Nick Kirk, Chief Executive Officer of Calliden, and Claire Endicott, Deputy President of the Guardianship and Administration Tribunal, will share their knowledge and experiences and lead discussions on hot topics in insurance law.

There is also an opportunity for you to network with colleagues and other insurance law practitioners at the dinner at Bistro C at the end of day one and drinks at the close of the Intensive. To register or for more information on who will be speaking, topics, costs and accommodation visit the QLS web site qls.com.au.

8 April 2010

American academic seeks barristers’ cooperation with research project

Thu Mar 25 2010

"If you receive an email from an American professor concerning your involvement in an asylum case, please don’t hit 'delete,'" asks Rhonda Evans Case, an assistant professor at East Carolina University (ECU) in Greenville, North Carolina.� Over the coming months, she will be conducting a study of barristers who provided asylum seekers with legal assistance in the High Court, the Federal Court and the Federal Magistrate’s Court.� Evans Case seeks to determine how and why barristers came to be involved in these cases.� Since May 2008, she has interviewed lawyers, judges, and court staff in Adelaide, Sydney, and Melbourne.� She also met with staff at the bar associations of New South Wales and Victoria, with whom she discussed her research methods and objectives. Learn more>

25 March 2010

Book launch - International Commercial Litigation and Dispute Resolution

Thu Mar 25 2010

A book of papers and proceedings of the Conference on International Commercial Litigation and Dispute Resolution, held at the Federal Court Sydney on 27 and 28 November 2009, will be launched by Chief Justice Patrick A Keane, on the mezzanine level of the recently refurbished Court 1 on Monday, 19 April 2010 at 5.30pm. Learn more>

15 April 2010

Appointment to the Local Court

Thu Mar 25 2010

Attorney General John Hatzistergos today announced the appointment of Andrew Eckhold to the bench of the Local Court of NSW. "Mr Eckhold is a respected member of the NSW legal profession, who has the skills, experience and work ethic necessary to be an outstanding magistrate,” Mr Hatzistergos said. Mr Eckhold specialised in criminal matters, and has appeared frequently in the Local Court in prosecutorial and defence capacities over the past 17 years.

25 March 2010

Position vacant at the AAT

Wed Mar 24 2010

The Australian Government is seeking expressions of interest for the position of registrar at the Administrative Appeals Tribunal. A full information package, including the selection criteria, relating to this position is currently available from the Attorney-General's Department web site. Applications close on 7 April 2010. Further information can be obtained by e-mail or by calling ph: 02 6141 4230.

24 March 2010

Web watch: reports of war crimes trials

Wed Mar 24 2010

The Library of Congress has digitised the reports of United Nations War Crimes Commission, which tried lower ranking defendants, such as camp commandants, for war crimes. The Law Reports of the Trials of War, therefore, excludes the major war crimes trials by the Nuremberg and Tokyo International Military Tribunals, but is still a rich source of material for students of history and international law. Volume 15 includes a section on the procedure of the courts. NB. Volumes are contained in large pdf files.

24 March 2010

Keeping track of human rights litigation

Wed Mar 24 2010

The Human Rights Committee is interested in being kept informed of present human rights litigation and any other significant issues raised by existing or proposed legislation, including in New South Wales. Members are invited to contact the committee, or Cindy Penrose, policy lawyer at the Bar Association, if they are working on, or are aware of, cases or legislation that raise important human rights issues. The committee is concerned not just with civil and political rights and economic and social rights, but also issues of due process in civil and criminal trials.

The Bar Association's Human Rights Committee exists to monitor legislation and prospective legislation for its impact on human rights, and to provide opinion to Bar Council, the Criminal Law Committee and the president on human rights issues. It also works collaboratively with bodies such as the Law Council of Australia on human rights issues. In 2009 it authored a detailed submission to the National Human Rights Consultation supporting the introduction by the Australian Government of a human rights charter.� In 2010, the Human Rights Committee is chaired by John Griffiths SC.

24 March 2010

Lawyers in the Second World War

Tue Mar 23 2010

Following on interest generated by research into the legal profession in the First World War, Tony Cunneen seeks information on any members of the legal profession who served in the Second World War or were involved in war related activities (such as the Red Cross or war crimes trials). Tony has prepared a preliminary list.

This information may be used, first, to establish an Honour Roll of service men and women and then, at a later date, an historical account of their service. Anyone with relevant information is invited to contact Tony providing names, service information, fate, legal career and sources for further information. The aim of the first part of this project is to draw together whatever information there is in various locations so as to establish a list of those who served and an indication as to what further material is available.�

23 March 2010

A Sydney welcome for Keane CJ

Tue Mar 23 2010

The Federal Court of Australia invites members of the bar to attend a ceremonial sitting on Monday, 29 March 2010 to welcome Chief Justice Keane. The ceremony will be approximately 20 minutes in duration and will commence at 9.30am in Court 1, Level 21, Law Courts Building, Queens Square. Tom Bathurst QC will speak briefly on behalf of the bar.

26 March 2010