Cases selected for reporting in NSWLR by the editor, Bret Walker SC

Wed Nov 17 2010

The following cases will be published in a forthcoming volume of NSWLR: ABB Service Pty Ltd v Pyrmont Light Rail Company Ltd [2010] NSWSC 831 Chase Oyster Bar v Hamo Industries [2010] NSWCA 190 Thiess Ltd v Industrial Court of New South Wales [2010] NSWCA 252 Meeuwissen v Boden [2010] NSWCA 253

For further information, please contact the Council of Law Reporting office:, phone 9266 0768.

17 November 2010

Amendments to sexual assault communications privilege

Mon Nov 15 2010

Attorney General John Hatzistergos has flagged amendments to laws relating to sexual assault communications privilege, which will, among other things, also extend the protection of privilege to victims of sexual assault that occurred outside NSW. Learn more>

15 November 2010

The CPD Year ends on 31 March - places are still available at the Sydney CPD Conference

Mon Nov 15 2010

Places are still available at the Bar Association's Sydney CPD conference, which will be held at the Sofitel Wentworth Sydney on Saturday, 26 March. The conference will run from 8.00am to 6.20pm and full attendance will attract 10 CPD points to assist members in meeting their annual CPD requirement. To register, please complete the registration form and return it with payment. Click here to download the programme. Please contact Katie Hall (ph: 02 9232 4055, if you have any questions regarding the conference.

18 March 2011

Legal Aid NSW to introduce specialist panels for criminal law matters in 2011

Mon Nov 15 2010

Legal Aid NSW is planning to implement two specialist panels of barristers, one for complex criminal law matters and one for criminal appellate matters. The panels will be open to junior counsel only.� Senior counsel may continue to be briefed in these matters subject to Legal Aid approval. Solicitors will usually only be permitted to brief junior counsel appointed to the panels in matters covered by the panels.� Barristers will be required to submit an application for appointment to both panels that addresses certain criteria and selection will be based on merit.�

It is anticipated that membership to the complex criminal law panel will be capped at 50 barristers.� The appointment period will be between two and five years.� Twelve months after the panel becomes operational, Legal Aid NSW will liaise with the NSW Bar Association and the Law Society of NSW regarding any changes to membership.� The criminal appellate matters panel is unlimited in number and barristers will be permitted to apply at any time.

The Bar Association is currently negotiating with Legal Aid NSW regarding amended fee proposals applicable to all barristers who work on criminal law matters for Legal Aid and will keep members updated in this regard.�

PA Selth Executive Director

15 November 2010


The DPP and his wish list

Fri Nov 12 2010

On 6 November 2010 Nicholas Cowdery AM QC delivered an address titled, "Rule of Law and A Director of Public Prosecutions" at the 2010 Rule of Law in Australia Conference. In his speech, the DPP outlined what he would do with a "legislative wand": decriminalise drug possession and use and small-scale trafficking, transfer the conduct of all prosecutions, including summary prosecutions, to the DPP, expand the range of rehabilitative and therapeutic programs provided in prisons and create a Bail Act "quite unlike the draft that is out for consultation". His speech is available from the ODPP web site>

12 November 2010

2010 Great Bar Boat Race - entries close tomorrow

Fri Nov 12 2010

The Great Bar Boat Race will be held on Monday, 20 December 2010. Avoid the late fee by lodging your entry by COB tomorrow, Friday, 10 December. The starting line is in the vicinity of Shark Island, finishing at Store Beach. Presentation of trophies and a post-race picnic will take place on Store Beach. All members who own or can borrow yachts or otherwise may take part in what is expected to be a most enjoyable day on the harbour can download a flyer for more information or a registration form to enter the race.


The Bar Association’s current insurance policy does not cover this activity. It is a strict condition of entry that all skippers have arranged appropriate third party, property and personal injury insurance, to cover themselves, their crew and their guests for the duration of the event. Boats will not be entered into the race without a copy of this certificate being presented to the Bar Association – prior to Friday, 5 December.


All participants are required to sign the indemnity incorporated in the entry form in order to compete in the race.

For further information please contact Katie Hall on ph: (02) 9229 1720.

3 December 2010

High Court rules Sri Lankan asylum seekers were denied procedural fairness

Thu Nov 11 2010

Today the High Court held in Plaintiff M61/2010E; Plaintiff M69 v Commonwealth of Australia that two Sri Lankan citizens who arrived at Christmas Island claiming refugee status were also denied procedural fairness in the review of the assessment of their claims. Each plaintiff argued before the High Court that he was not afforded procedural fairness during the assessment or review process, and that the persons conducting the assessment and review erred in law by not treating themselves as bound by relevant provisions of the Migration Act and relevant decisions of Australian courts.

11 November 2010

Volunteers sought for Martin Place homeless charity BBQ

Wed Nov 10 2010

Following the successful fundraising dinner at Parliament House in August, a BBQ will be held on 25 November 2010 to further lift the spirits of the Martin Place homeless. Serving will start about 8.15 – 8.30pm and around 300 – 400 homeless people are expected to attend. The Bar Choir is singing from about 8.30. All costs will be met using the excess of funds raised at the August dinner. Greg Curtin SC is calling for 15 volunteers to assist with the barbeque and handing out tea/coffee from about 7.30 pm – 10 pm, or such time as they are able. For more information, or to volunteer, contact Greg Curtin on ph: (02) 9225-7200 or via e-mail:� 10 November 2010

Tonight: Justice Campbell to deliver the STEP address (ADVERTISEMENT)

Wed Nov 10 2010

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Justice Joseph Campbell on "Should the "rule in Hastings-Bass" be followed in Australia? - Trustees' Duty to Enquire and Trustees' Mistakes". The address will take place on Thursday, 25 November 2010 at 5.30pm sharp at Banco Court, Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer>

25 November 2010

Cases selected for reporting in FCR by V Kline

Wed Nov 10 2010

The following cases were selected by V Kline for reporting in FCR:

Federal Commissioner of Taxation v H� [2010] FCAFC 128 Faulkner v Elliot� [2010] FCA 884 Re Worrell� [2010] FCA 934 Getup Ltd v Electoral Commissioner� [2010] FCA 869 Australian Competition and Consumer Commission v Link Solutions Pty Ltd (No 2)� [2010] FCA 919 Brown v South Australia [2010] FCA 875

Australian Prudential Regulation Authority v CAN 000 007 492 [2010] FCA 912 RP Data Ltd v Western Australian Land Information Authority [2010] FCA 922

10 November 2010

Competition to name the NSW Bar Football Team

Tue Nov 09 2010

Whereas the New South Wales Bar Football Team dominated the recent Tri-State Bar Football Competition, has successfully defended the Suncorp Cup and put in creditable performances in the Domain Soccer League, the time has come to award the team a more charismatic name - one more befitting of its success and style on the pitch. The team's managers are sponsoring a competition to find a new name. For example, should it be:

Bar-celona Bar-barians FC Boca Juniors Inter Locuteurs Barristers Munchen-Gladbach Sydney Robers FC

A prize - yet to be determined - will be offered. The decision of the judges will be final. If you would like to enter, contact Anthony Lo Surdo via e-mail:,� ph: (02) 9223 3181 or DX 389 SYDNEY

9 November 2010

National legal profession reform interim report

Tue Nov 09 2010

The National Legal Profession Taskforce has released its Interim Report on Key Issues and Funding for the legal profession reform project. For a copy of the interim report, or more background on COAG's National Legal Profession Reform project, visit the Commonwealth Attorney-General's Department web site.��

The interim report addresses:

  • the constitution of the proposed National Legal Services Board;
  • the need for a National Legal Services Ombudsman/Commissioner;
  • the role of Standing Committee of Attorneys-General (SCAG) policy directions;
  • the role of SCAG in disallowing National Rules;
  • the application of certain provisions to ‘commercial or government’ clients;
  • the centralisation of admissions applications;
  • the power to conduct compliance audits; and
  • the funding for the proposed national regulatory bodies.

9 November 2010

Have your say on our education program

Tue Nov 09 2010

The Bar Council has decided to review the totality of its education program. The Hon Kevin Lindgren QC has agreed to undertake this task and to provide a report to the council on the results. The bars of Victoria and Queensland have also carried out reviews of their educational programs in recent times. The review will be comprehensively covering all of the aspects of the educational activities of the bar.� These are:

1.�� �The mandatory examinations that precede the Bar Practice Course; 2.�� �The Bar Practice Course; 3.�� �All aspects of the Continuing Professional Development, including the regional conferences.

Some of the questions that Dr Lindgren will consider are:

1.�� �The Bar Examinations

  • Is the structure and content of the three examinations satisfactory?

  • Should the rules touching the availability of seen questions for some examinations be changed?

  • Should there be provision for "“feedback" to candidates who have not passed an examination?

2.�� �The Bar Practice Course and Reading Period

  • Is the current Bar Practice Course adequately preparing readers for their first few years of practice at the Bar

  • What should be the optimum size for the Bar Practice Course?

  • Should the role of the tutor be altered to ensure adequate supervision of all new barristers?

3.�� �Continuing Professional Development

  • Should there be some constraints on the content of lectures and seminars that are able to be counted towards satisfying the CPD requirements?

  • Is the present arrangement satisfactory under which the regional bars provide a large portion of the regional programs?

The issues set out above are only example of those that will be considered as part of the review.

With a view to achieving the greatest possible contribution from members of the bar, Dr Lindgren will make himself available in a room in the Bar Association offices from 4.30pm to 7.30pm on Thursday, 25 November 2010 and from 7.30am to 9.30am on Friday, 26 November 2010. If you would like to meet with him for a discussion, please telephone 9232 4055 to fix a precise time within the above periods.

Alternatively, you could write to him at or as follows:

The Hon Kevin Lindgren QC PO Box 1467 CHATSWOOD� NSW� 2057

If you wish, your identity will be kept confidential and not revealed in the report.

15 November 2010

Vietnam Family Law Conference 13 – 15 September 2011 (ADVERTISEMENT)

Tue Nov 09 2010

Join Legalwise Seminars in Hanoi in an atmosphere of cultural and legal exchange focussing on the issues in family law that are important to you. Plus, explore the implications of cross-cultural issues on your clients and your practice. For three days you will hear from an eminent panel of speakers including members of the judiciary, senior members of the profession and other professionals involved in family law all discussing all while enjoying the sights and sounds of Vietnam.

For conference information and registration form click here.

Download a draft speakers programme.

For more information call Jacquelyn Simon (02) 9387 8133 or e-mail

31 March 2011

AustLII online legal research training

Mon Nov 08 2010

AustLII will hold a day of online legal research training on Monday, 22 November 2010 at the UNSW Law Library. The course has been accredited under the Bar Association's Continuing Professional Development Programme and will attract one point in the management strand per hour of attendance. For more information, or to register, download a registration brochure>

16 November 2010

10 December is the last day for borrowing Bar Library books

Mon Nov 08 2010

Due to the upgrading of the air conditioning plant, the Bar Library will be closed from close of business on Friday, 10 December 2010 to Monday, 31 January 2011. If you have a summer reading list, please borrow the items before 10 December 2010. Since recall and overdue notices will not be sent until February, such loans will be considered� 'extended loans'.

From 13 December to 23 December 2010, the librarians will be located on Level 1 Selborne Chambers . They will have access to all electronic databases for the duration, but not to the books.

Normal service will resume on Monday, 31 January 2011 (probably).�

6 December 2010

Inquiry into judge alone trials

Mon Nov 08 2010

The Legislative Council's Standing Committee on Law and Justice has published the report of the Inquiry into Judge Alone Trials Under s 132 of the Criminal Procedure Act 1986. Under its terms of reference, the committee inquired into whether either party in criminal proceedings whould be allowed to apply to the court for trial by judge alone, without a requirement that the prosecution consents to the application. The proposed model shifts the application and decision making process from the ODPP to the courts. Learn more>

8 November 2011

Reminder notice: 2011 Bar Council election and Annual General Meeting

Mon Nov 08 2010

Voting for the 2011 Bar Council closes at 1pm this Friday, 12 November 2010.� If you have not voted please return your ballot papers as soon as possible. The Annual General Meeting will be held in Hearing Rooms 1 & 2 of the New South Wales Bar Dispute Resolution Centre, 174-180 Phillip Street, Sydney, this Friday, 12 November 2010 at 1.00pm.� The formal notice of the AGM was mailed to all members on Friday 28 September along with the 2011 Bar Council nomination forms.��

**PA Selth Executive Director & Returning Officer

9 November 2010**

High Court Amendment Rules 2010 (No.2)

Fri Nov 05 2010

The _High Court Amendment Rules 2010 (No.2) _have been added to the Federal Register of Legislative Instruments and will commence on 1 January 2011. The amendments contained in Schedule 2 reflect the findings of a report by the Joint Costs Advisory Committee, which recommended that solicitors’ costs should increase by 3.1 per cent.

5 November 2010

Remember: ALRC panel discussion on discovery is on this afternoon

Fri Nov 05 2010

The Australian Law Reform Commission invites you to attend a panel discussion following the release of the its consultation paper on Discovery of Documents in Federal Courts. The discussion will take place on Thursday, 18 November between 5.30pm-7.00pm in No 1 Court, Level 21, Law Courts Building, Queens Square. The discussion will be moderated by ALRC President Professor Rosalind Croucher and introduced by Chief Justice Patrick Keane of the Federal Court of Australia. Learn more>

18 November 2010

Review of compensation to relatives

Thu Nov 04 2010

Attorney General John Hatzistergos today announced that the NSW Law Reform Commission would examine the laws relating to the payment of compensation to relatives. Mr Hatzistergos said some jurisdictions had enacted legislation to overrule the principle that compensation to a relative for pecuniary loss is reduced if general damages to the legal personal representative of the deceased have enlarged the estate and thereby increased the amount to be distributed to the relative from that estate.

"This principle is a long established one, originating in the United Kingdom under Lord Campbell’s Act in the 1800s and being upheld by the High Court in the case of Public _Trustee v Zoanetti _in 1945," Mr Hatzistergos said.

"The reforms have been proposed to the government by representatives seeking to better protect the interests of widows of asbestos victims, and the government will respond with a detailed analysis of the law in this regard, looking not only at dust diseases claimants, but those of other persons who have died as a result of some other negligent conduct", he said.

View the attorney's media release >

4 November 2010

Call for submissions to the debt recovery review

Thu Nov 04 2010

The New South Wales Government is reviewing the debt recovery process in NSW. Attorney General John Hatzistergos says that approximately 30 per cent of the matters going through the Downing Centre Sydney and Parramatta Local Courts relate to debt recovery for business, strata corporations and individuals (not including debt related to card or loan agreements).

"Any improvements to processes for debt recovery should help a large number of claimants going through the Local Court," Mr Hatzistergos said.

"About 40 per cent of claims filed in the Local Court were uncontested and resulted in default judgment in 2007, or more than 60,000 claims," he said.

The issues paper, which can be found at the Better Regulation Office's web site, has been released for public comment until 25 November 2010. Submissions may be emailed to or to

Debt Recovery Review Better Regulation Office GPO Box 5341 Sydney NSW 2001

Phone: 02 9228 5414 Fax: 02 9228 4408

4 November 2010