Papers to note: ABCC Litigation Policy

Thu Nov 04 2010

The Office of the Australian Building and Construction Commissioner has published its Litigation Policy, which ABC Commissioner Leigh Johns says is intended to 'promote consistency in the institution and conduct of civil penalty litigation by the ABCC'.

The policy is described as being 'based on the prosecution policy of the Commonwealth and is consistent with the litigation policy of the Fair Work Ombudsman'. The 20-point policy considers factors including the nature of evidence that has been obtained and public interest considerations.

4 November 2010

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

Thu Nov 04 2010

The following cases will be published in a forthcoming volume of NSWLR: R v Jimmy [2010] NSWCCA 60 Cargill International SA v Peabody Australia Mining Ltd [2010] NSWSC 887 Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240 Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241

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

4 November 2010

Lifetime Care & Support Authority newsletter

Wed Nov 03 2010

The Lifetime Care & Support Authority publishes a newsletter, LTCS E-News. Issue 51 is now available and includes articles on: new request forms; Introduction to the LTCS Scheme Workshops in 2011; and Care and Needs Scale (CANS) workshops in 2011.

16 February 2011

A history of Australian corporate law online

Wed Nov 03 2010

The University of Melbourne's Centre for Corporate Law and Securities Regualtion has published a new web page titled, "History of Australian Corporate Law". It provides links to key documents in the history of Australian corporate law, such as the Companies Statute 1864 (Vic), the Companies Act 1874 (NSW) and relevant UK documents. Learn more>

3 November 2010

Lawyers for Sunrise fundraising appeal

Wed Nov 03 2010

Sunrise Children's Villages care for hundreds of orphaned or disadvantaged Cambodian children in Phnom Penh and Siem Reap. Mark Dennis of Forbes Chambers is raising money on behalf of "Lawyers for Sunrise", which hopes to fund desperately needed plastic surgery for two young girls who were deliberately burnt and disfigured in acid attacks. 18 November 2010

Increase in interest on unpaid legal costs

Tue Nov 02 2010

At its meeting on 2 November 2010, the Reserve Bank Board decided to increase the cash rate by 25 basis points to 4.75%, effective 3 November 2010. Accordingly the rate of interest on unpaid legal costs, prescribed by clause 110A(3) of the Legal Profession Regulation 2005, as of 3 November, is 6.75%.

Section 321 of the Legal Profession Act 2004 ‘Interest on unpaid legal costs’ provides:

(1) A law practice may charge interest on unpaid legal costs if the costs are unpaid 30 days or more after the practice has given a bill for the costs in accordance with this Part.

(2) A law practice may also charge interest on unpaid legal costs in accordance with a costs agreement.

(3) A law practice must not charge interest under subsection (1) or (2) on unpaid legal costs unless the bill for those costs contains a statement that interest is payable and of the rate of interest.

(4) A law practice may not charge interest under this section or under a costs agreement at a rate that exceeds the rate prescribed by the regulations.

(5) ...

Clause 110A of the Legal Profession Regulation 2005 prescribes the relevant rate of interest. It provides:

110A Interest on unpaid legal costs—section 321 (4) (b) of the Act

(1) This clause is made for the purposes of section 321 (4) of the Act and prescribes the rate of interest in excess of which a law practice may not charge interest under section 321 of the Act or under a costs agreement.

(2) The rate for the period commencing with 1 October 2005 and ending immediately before the date of commencement of subclause (3) is 9.0%.

(3) The rate for the period commencing with the date of commencement of this subclause is the rate that is equal to the Cash Rate Target as at the relevant date, increased by 2 percentage points.

(4) In this clause:

Cash Rate Target means the percentage (or maximum percentage) specified by the Reserve Bank of Australia as the Cash Rate Target.

Relevant date means the date the bill was issued by the law practice concerned.

The Cash Rate Target increases to 4.75% from 3 November 2010 (visit the Reserve Bank web site)

Accordingly the rate of interest prescribed by clause 110A(3) as of 3 November 2010 is 6.75%.

2 November 2010 �

Legal conference on Lord Howe Island (ADVERTISEMENT)

Tue Nov 02 2010

Learned Friends Professional Education is holding a conference on Lord Howe Island from 2-9 April 2011.� Speakers include judges Sidis and Murrell of the District Court, the legal services commissioner and the CEO of Lord Howe Island.� The programme is designed to provide 10 CPD points. Due to restrictions on numbers visiting the island at any given time accommodation and flights need to be booked well in advance.� Learned Friends are holding flight and accommodation reservations but they will need to be confirmed before the end of November this year to ensure travel on the desired dates.� Full details of the conference including accommodation and flight details can be obtained by emailing or contacting Peter Cummings �

2 November 2010

New directions in jury reform, research and policy (ADVERTISEMENT)

Tue Nov 02 2010

The Eighth Annual Australasian Jury Conference will be held on Friday, 19 November 2010 at the Melbourne Law School. The conference theme is 'New directions in jury reform, research and policy'. Program highlights include 'How best to help juries decide facts', 'Jury directions' and 'Prejudicial media publicity and the jury'. For more information about the program, or to register, download a brochure. Registrations close today.�

12 November 2010

Don't forget to cast your vote to elect the 2011 Bar Council

Tue Nov 02 2010

Whilst it may pale in comparison to the colour and movement of the recent federal election, the ballot to elect the 2011 Bar Council is important and it closes at 1.00pm on Friday, 12 November 2010. Any member who has not received their ballot paper and who wishes to cast a vote should contact the Bar Association’s certification officer, Mr Barrie Anthony, on ph: 9232 4055 or e-mail Members should take care to complete the ballot paper in accordance with the instructions provided.� If any member has a query concerning the completion of the ballot paper they should contact the Bar Association for assistance.�

**PA Selth Executive Director & Returning Officer

10 November 2010**

Wednesday 24 November - Conduct of Counsel in Criminal Hearings

Tue Nov 02 2010

You are invited to attend a seminar on the ‘Conduct of Counsel in Criminal Hearings’. This seminar will be held on Wednesday 24 November at the Matt Laffan Training Centre, Level 19, 175 Liverpool St, Sydney (please go to level 15 to gain access). The seminar will commence at 5.15pm, and will be presented by The Hon Justice E Fullerton and Peter Hastings QC. Attendance will provide 1.5 CPD points in either the Advocacy or Ethics strands. Registration is not required. Please direct enquiries to Jo Musumeci, (ph: 9229 1722, e-mail:�

22 November 2010


Bar Book Club meets on 1 December

Mon Nov 01 2010

The next meeting of the Bar Book Club will be on 1 December 2010 at 6.00pm in the Bar Library. The book is A Beautiful Place to Die by Malla Nunn.

1 November 2010

Correction: MOU on References of Questions of Law

Mon Nov 01 2010

Yesterday's In Brief reported that the chief judge of New York and the chief justice of New South Wales have signed a memorandum of understanding to consult and cooperate on questions of law. The memorandum should be read in conjunction with supporting media releases from the New York State Unified Court System and the Supreme Court of NSW. In Brief apologises for the omission.

The chief justice preceded the signing of the MOU with a speech at the New York State Bar Association International Section Meeting, held in the Banco Court, Queens Square. That speech is available on the court's web site and will be published in the next Bar News.

2 November 2010