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A flurry of bills introduced in the Australian Parliament

Thu Sep 30 2010

Attorney-General Robert McClelland has today reintroduced a number of bills covering the range of responsibilities his portfolio including national security, native title, anti-discrimination and law enforcement. "The reintroduction of this legislation indicates the government will pursue its agenda to create a just and fair society," Mr McClelland said. The bills include the following:

The Native Title Bill (No. 1) 2010 - regarding the construction of housing on land in indigenous communities subject to Native Title.

The Civil Dispute Resolution Bill 2010

The Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010 will ensure recognition of human rights issues in legislative and policy development and implement the legislative elements of Australia’s Human Rights Framework, released earlier in the year.

The _Service and Execution of Process Amendment Bill (Interstate Fine Enforcement Bill) 2010 _will allow the states and territories to enforce interstate fines.

The National Security Legislation Amendment Bill 2010 will implement the recommendations of reviews of Australia’s national security and counter-terrorism legislation, while the Parliamentary Joint Committee on Law Enforcement Bill 2010 will ensure transparency and accountability in the operation of national security legislation.

The Telecommunications Interception and Intelligence Legislation Amendment Bill 2010 will facilitate greater cooperation and intelligence sharing between law enforcement and intelligence agencies in the fight against crime and terrorism.

The Sex and Age Discrimination Legislation Amendment Bill 2010 will create a standalone Age Discrimination Commissioner to investigate complaints and advocate on behalf of older Australians.

30 September 2010

Chief Justice Spigelman's Opening of Law Term speeches

Thu Sep 30 2010

Opening Law Term, a collection of opening of Law Term speeches delivered by NSW Chief Justice James Spigelman AC between 1999 and 2010, is available for purchase online. The chief justice's speeches have covered a range of issues of great significance to the legal system in New South Wales and to the national legal system. They trace links between some of the major developments in the country's civic life, and outline directions for improvements to better suit the institutions of justice to the modern world. Published by the Law Society of NSW, the book was officially launched on Monday, 27 September by Sir Gerard Brennan AC KBE QC, former justice of the High Court of Australia and chief justice from 1995 to 1998.

30 September 2010� � �

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

Thu Sep 30 2010

The following cases will be published in a forthcoming volume of NSWLR: Greg Nelson v The Hollard Insurance Company Pty Ltd�� [2010] NSWSC 199 RTA v Papadopoulos [2010] NSWSC 33 Franklins P/L v Metcash Trading Ltd� [2009] NSWCA 407

Cargill International SA v Peabody Australia Mining Ltd [2010] NSWSC 887 Kermode v Fairfax Media Publications Pty Ltd� [2010] NSWSC 852

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

30 September 2010

Limits to sentence discounts in NSW

Tue Sep 28 2010

Attorney General John Hatzistergos has foreshadowed legislation to respond to the Sentencing Council's 2009 report, Reduction in Penalties at Sentence. The object will be to ensure that offenders do not receive "excessive discounts". Mr Hatzistergos said any presumption that offenders would suffer "hardship" because of their assistance to authorities was largely unwarranted because of improvements to correctional facilities and procedures.

"Courts have traditionally presumed that offenders who "roll over" do it tougher on the inside, but the modern reality of our prison system dictates that this is not always the case", he said.

"The case law has now come down against a presumption of harsher circumstances due to protective custody and instead the accused is required to prove to the court that he will be facing more difficult conditions in custody", the attorney said.

28 September 2010

Nomination forms for election of the 2011 Bar Council

Tue Sep 28 2010

Nomination forms for election of the 2011 Bar Council were posted on Friday, 24 September to all members of the Bar Association eligible to nominate or be nominated.�Nominations close at 4.00pm on Monday, 18 October 2010. Any member who has not received their nomination form can download one here>

28 September 2010

Reserve your spot on the Great Bar Fishing Trip

Mon Sep 27 2010

Hurry! Only four spots remaining on the NSW Bar Fishing Group Boat for Saturday, 16 October! The boat departs at 5.30am sharp from Rose Bay Wharf and will return at 1.30pm to Rose Bay Wharf. All fishing gear, bait and licenses are supplied. A free breakfast will be served (chicken sausages on fresh bread, sauces, soft drinks and mineral water).Keep what you catch - the crew will clean your monster catch for you.

To secure a place you will need to pay $100 by cheque made out to the NSW Bar Association and post that cheque to Andrew Scotting DX 266 Sydney. For more details contact Andrew Scotting, 13 & 14 St James' Hall Chambers, DX� 269� SYDNEY, ph:(02) 9335 3080.

27 September 2010

2010 Sydney Law School Postgraduate Information Evening (ADVERTISEMENT)

Mon Sep 27 2010

On Thursday, 14 October 2010, Sydney Law School will hold its annual Postgraduate Information Evening for prospective postgraduate coursework and research students. Learn more about the Sydney LLM or the Doctor of Juridical Studies (SJD), one of the few coursework doctorates in law. Sydney Law School will deliver over 160 units of study in 2011, with 80 per cent delivered in the intensive format, where you can complete a unit of study in a matter of days. Speak face-to-face with our academic advisers from our areas of specialisation, including commercial law, international law and taxation law.

Date: Thursday, 14 October 2010 When: 5:30-7:00pm Where: Ground Floor Foyer, Sydney Law School, Eastern Avenue, the University of Sydney

5 October 2010

Reminder: applications for arbitrators and mediators close tomorrow

Thu Sep 23 2010

Members are reminded that applications close this Friday, 24 September for those wishing to become an accredited mediator with the New South Wales Bar Association as well as those who wish to be appointed to the District Court panel of mediators for 2011-2012. Please note that only the names of mediators accredited by the Bar Association will be put forward to the District Court for appointment. Completed application forms must be returned to Jo Wilton at the Bar Association.

23 September 2010

Champagne tasting at the Oak Barrell

Thu Sep 23 2010

Do you know your Veuve Clicquot from your Moet & Chandon? Non? If you thought Pol Roger was the brother of a Cambodian war criminal, or it's all a load of Bollinger, then you may wish to join the _Champagne Tasting at the Oak Barrel _on Wednesday, 27 October 2010, at 5.30-7.30pm. The owner recently went on an expedition to Champagne and returned with new and exciting varieties. Download a registration form >

21 October 2010�

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

Thu Sep 23 2010

The following cases will be published in a forthcoming volume of NSWLR: Gorczynski v W&FT Osmo Pty Ltd [2010] NSWCA 163 Nau v Kemp & Associates� [2010] NSWCA 164 Sinclair v Darwich [2010] NSWCA 195

Carey v ABC� [2010] NSWSC 709� St George Bank v Active Property Investment Pty Ltd [2010] NSWSC 736

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

23 September 2010

A series of Bar Council events

Wed Sep 22 2010

Nominations for the 2011 Bar Council will open on Friday, 24 September 2010. Nomination forms will be mailed to all members. Learn more about the timetable for this year's election.

22 September 2010

Papers to note: report on proposed amendments to the ICAC

Wed Sep 22 2010

The New South Wales Parliament's Committee on the Independent Commission Against Corruption has published Report No. 10/54 – Proposed Amendments to the Independent Commission Against Corruption Act 1988.

The report makes six recommendations, the first being that the Independent Commission Against Corruption Act 1988 be amended to remove the restriction in section 37, which prohibits the use, in disciplinary proceedings, of compulsorily obtained evidence provided under objection to the Independent Commission Against Corruption, subject to the further amendment of the Independent Commission Against Corruption Act 1988 to:

1. prevent the indirect use of evidence obtained under objection in criminal or civil proceedings. Such a provision could be modelled on section 128(7)(b) of the Evidence Act 1995;

2. limit the use of evidence obtained under objection to disciplinary proceedings which relate directly to the actions the subject of the ICAC inquiry;

3. ensure that a witness appearing before ICAC must be notified that their evidence may be used against them in disciplinary proceedings.

22 September 2010

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Speeches to note: NSW AG speech at the Bar Association's ADR Workshop

Tue Sep 21 2010

Attorney General John Hatzistergos delivered the keynote address at the Bar Association's ADR Workshop on 28 August 2010. In his speech, the attorney observed that New South Wales is significantly more advanced than other Australian jurisdictions in the use of ADR for the "just, quick and cheap" resolution of issues in civil proceedings. Mr Hatzistergos reaffirmed his government's committment to introducing pre-litigation obligations in civil disputes and outlined further reforms as part of the government's ADR Blueprint. View the attorney's speech >

21 September 2010

Cases selected for reporting in FCR by V Kline

Tue Sep 21 2010

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

Qenos Pty Ltd v Ship APL Sydney [2009] FCA 1090 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108 Federal Commissioner of Taxation v Secretary, Department of Transport (Vic) [2010] FCAFC 84 Zentai v O'Connor (No 3) [2010] FCA 691 Chandra v Webber [2010] FCA 705 Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd (No 2) [2010] FCA 698

21 September 2010�

Custodial sentences and adult re-offending

Tue Sep 21 2010

The New South Wales Bureau of Crime Statistics and Research has published the findings of a study, which supports what most members of the legal profession have long believed: that prison sentences do nothing to reduce recidivism and may even increase it. The director of BOCSAR, Dr Don Weatherburn, said: "The present study simply shows that sending people convicted of assault or burglary to prison is no more effective in changing their behaviour than putting them on some form of community-based order. In fact it might be slightly worse". View the report>

21 September 2010