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ALRC inquiry into discovery in federal courts

Mon May 10 2010

The Australian Law Reform Commission will inquire into the law, practice and management of the discovery of documents in litigation before federal courts. Attorney-General Robert McClelland today released the terms of reference for the inquiry. The commission will examine: alternatives to discovery; the role of courts in managing discovery; and implications of the cost of discovery on the conduct of litigation, including means to limit the extent to which discovery gives rise to satellite litigation and the use of discovery for strategic purposes. The commission will provide its final report to the attorney-general by 31 March 2011.

10 May 2010

Amendments to the Uniform Civil Procedure Rules 2005

Mon May 10 2010

The� Uniform Civil Procedure Rules (Amendment No 32) 2010 have been published on the NSW Legislation web site. The object of these Rules, as provided by the explanatory note, is to amend the Uniform Civil Procedure Rules 2005 _in relation to: the rate of interest after judgment prescribed for the purposes of section 101 of the _Civil Procedure Act 2005; the format in which documents may be produced in order to comply with a subpoena; and the power of the court to award costs under section 98 of the Civil Procedure Act 2005.

10 May 2010

Appointment of three new federal magistrates

Mon May 10 2010

Attorney-General Robert McClelland has announced the appointment of Mr Joseph Harman, Ms Leanne Turner, and Commissioner Dominica Whelan as federal magistrates. Mr Harman will be appointed to the Parramatta Registry, Ms Turner to the Darwin Registry and Ms Whelan to the Melbourne Registry. Learn more>

10 May 2010

Three rare and valuable books for sale from the Supreme Court of Queensland Library

Fri May 07 2010

The Supreme Court of Queensland Library has three exceptional and valuable books for sale. One book, The Order of the Coif (1897), is bound in green Moroccan leather, with gold lettering on the spine, and has gorgeous endpapers. An inscription of the flyleaf says it was a gift from Joseph Brown to his friend� Jos Addison, former president of the Incorporated Law Society, Nov 13 1898. All books are in excellent condition and are personal copies of the librarian, who wants these books to go to a good home. Interested bidders should contact� Helen Jeffcoat, ph: (07) 3217 7453.

7 May 2010

ASIC grants interim class order relief

Fri May 07 2010

ASIC today announced its intention to grant interim class order relief to lawyers and funders involved in legal proceedings structured as funded representative proceedings and funding claims lodged with liquidators to prove in the winding up of an insolvent company (proof of debt arrangements). The relief, which will apply until 30 September 2010, is from the requirements that would otherwise apply to funded representative proceedings and funded proof of debt arrangements as 'managed investment schemes' under Chapter 5C and Chapter 7 of the Corporations Act 2001.

7 May 2010

National legal profession reform consultations

Fri May 07 2010

Attorney-General, Robert McClelland, today announced consultation on the National Legal Profession Reform Project will commence on 14 May 2010. Stakeholder meetings will be held in all states and territories throughout May and June with Sydney being� the first cab off the rank on 19 May 2010. Submissions may be made until 13 August 2010. Details on how to make a submission and the consultation package will be available at www.ag.gov.au/legalprofession

7 May 2010

Law Council says Sex Discrimination Act changes too ‘limited’

Fri May 07 2010

The Law Council has criticised the Australian Government’s delayed and limited response to a Senate Committee’s report on the effectiveness of the Sex Discrimination Act. In 2008, the Senate Committee on Legal and Constitutional Affairs recommended a raft of changes to the Commonwealth Sex Discrimination Act to make it more effective in eliminating discrimination and promoting gender equality in Australia. The Law Council and the NSW Bar Association were actively involved in the inquiry process and a number of the committee’s recommendations reflected their views on proposed reforms to the legislation. Learn more >

7 May 2010

NSW Government announces fall in WorkCover deficit

Thu May 06 2010

Minister for Finance Michael Daley today announced a "drastic" $266 million reduction in the� WorkCover Scheme’s deficit. Mr Daley said that he was also pleased to announce that "[f]ewer workers compensation claims were made last financial year than in any year since the scheme commenced in 1987". Learn more>

6 May 2010

Appointment of commissioner at the Land and Environment Court

Thu May 06 2010

New South Wales Attorney General John Hatzistergos announced the appointment of Sue Morris as a commissioner of the Land and Environment Court of NSW. Ms Morris is currently the director of development and environment at Camden Council and has also acted as the council’s general manager. She has held director level and senior management positions in planning in local government for the last 23 years. Learn more >

6 May 2010

Cases selected for reporting in FCR by V Kline

Thu May 06 2010

ACCC publishes a "must read" publication for professionals and their associations

Wed May 05 2010

The Australian Competition and Consumer Commission has published Professions and the Trade Practices Act. This publication provides an overview of the common Trade Practices Act issues which may impact on the activities of professionals in practice and on the operation of professional associations.

In the introduction to the report, the ACCC argues that:

Where associations are responsible for the imposition and enforcement of professional or ethical standards and rules, the opportunity for anti-competitive conduct or effects can arise. While self-regulation mechanisms ensure that the high level of skills required to carry out professional services is not compromised, offering benefits for both the profession and consumers, it is important that they do not unduly restrict existing or potential members. Individual practitioners should also be mindful of not engaging in anti-competitive conduct, and policies and codes need to comply with the consumer protection rules.

5 May 2010

Delegation to registrar of the Land and Environment Court

Wed May 05 2010

The chief judge of the Land & Environment Court, the Hon Justice Brian Preston, has issued a new delegation for the registrar of the Land & Environment Court. Pursuant to section 13 of the Civil Procedure Act 2005, the registrar may exercise the functions of the court as stated in the schedule of the attached delegation document. This instrument of delegation replaces all earlier instruments made pursuant to section 13.

5 May 2010

Fishing anyone?

Wed May 05 2010

The Health, Sport and Recreation Committee is calling for expressions of interest in relation to the proposed establishment of a NSW Bar Association Fishing Group. Proposed activities of the club include monthly deep sea fishing charters of between 12 and 20 people on a Friday afternoon from 1.45pm until sunset. The cost would be $100 per person. Other potential activities include fishing competitions and weekend fishing charters. If you would be interested in joining such a group and participating in the above activities please e-mail Duncan McFarlane to register your interest.

5 May 2010

NSW Bar Football team scores its first victory in DSL

Tue May 04 2010

The NSW Bar Football Team last week scored their first victory in this year's Domain Soccer League. They defeated the corporate regulators, ASIC B, by two goals to nil. The goal scorers were Stanton, in the opening minutes and Philips, about 10 minutes from full time. Their next game is on Thursday, 6 May 2010 at 1.15 pm in The Domain against table leaders BT Financial B.

4 May 2010

Model domestic arbitration laws to go before SCAG

Tue May 04 2010

NSW Attorney General, John Hatzistergos, will table model domestic arbitration laws at the Standing Committee of Attorneys General this Friday. The model bill is based on the United National Convention on International Trade Law.

"It is without doubt that reforming arbitration laws at both a state and federal level will create an international best practice legal framework for Australia and ensure Australia is a significant player in the booming commercial dispute resolution market", Mr Hatzistergos said.

Learn more >

4 May 2010

15 Bobber: the Hon Justice Malcolm Craig

Tue May 04 2010

The 15 Bobber to celebrate the appointment of the Hon Justice Malcolm Craig to the Land and Environment Court of NSW, a 15 Bobber will be held on Friday, 28 May 2010. Speaking for Justice Craig will be Angela Pearman. 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, 27 May. 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.

27 May 2010

Barristers’ PII proposal forms issued by Aon in error

Mon May 03 2010

The Bar Association has become aware that Aon has issued PII proposal forms to its clients despite the fact that it does not yet have an approved policy pursuant to s 403 (2) of the Legal Profession Act 2004. Further, those proposal forms give clients the option of taking out $1 million cover. This is incorrect. The minimum level of insurance for 2010-2011 to be taken out by NSW barristers is $1.5 million. The Bar Association has requested that Aon contact each of its clients regarding their error.

All Barristers practising certificates expire on 30 June 2010. In Brief circulars will be published regularly during the renewals period (May-July) to provide up to date information on the renewals process. Learn more>

3 May 2010

ALRC - NSWLRC joint inquiry into family violence: a call for submissions

Mon May 03 2010

The Australian Law Reform Commission (ALRC) and the NSW Law Reform Commission (NSWLRC) have released the consultation paper for the joint inquiry into family violence laws—Family Violence: Improving Legal Frameworks (Consultation Paper 1). Hard copy submissions can be posted, faxed or emailed to the ALRC. Online submissions are encouraged. The ALRC is also conducting an online discussion blog around the Consultation Paper. The closing date for submissions is 4 June 2010.

3 May 2010