ABA Advanced Trial Advocacy Course

Wed Aug 11 2010

The Australian Bar Association’s fifth Advanced Advocacy Course is being held in Melbourne from 23-27 January 2012. This is a five day residential course run by the profession for the profession. At least two years experience at the independent bar is a pre-requisite. More is beneficial. People who have attended the course have referred to it as "seriously life changing". It is immensely rewarding for barristers wanting to perform at their best.�Learn more >

21 September 2011

Salvos Legal Inaugural Lecture

Wed Aug 11 2010

The Salvation Army is undertaking an exciting new initiative in Australia – Salvos Legal.� Salvos legal will operate as a full-time self sustaining legal service, dedicated to providing pro-bono advice and representation to those in need who cannot afford a lawyer, whilst at the same time offering holistic treatment for people suffering from addiction or those in need of financial counselling, pastoral support, emplolyment and aged care. Salvos Legal will soon hold the first in a new series of lectures, which will provide practitioners with the opportunity to hear from high calibre speakers (all of whom are current judicial officers), offering a great level of experience in their fields and will of course assist legal practitioners in meeting their CLE requirements.

Whilst the day will provide first class lectures from top judicial officers, they will also provide attendees with some insight into the work of both Salvos Legal and the wider Salvation Army and showcase the services that The Salvation Army has to offer.

The lectures are free, however the lecture series is primarily a fundraiser and donations from attendees would be greatly appreciated to aid in funding for the ongoing work of Salvos Legal. A donation of $100 or more per person for the full 5 hour day is suggested - we hope this isn't a large amount of money and equates to just $20 per hour for each of the 5 lectures.� All speakers have volunteered their time.� Every cent of the monies raised on the day will be used to pay for the salary of a free lawyer for the poor, within Salvos Legal.

11 August 2010

Results of the LCA pre-election survey of key legal issues

Tue Aug 10 2010

_In Brief _reported on 21 July that the Law Council of Australia had invited political parties contesting the 2010 federal election to provide their views on key national issues of relevance to the legal profession. The Labor Party, the Coalition and the Greens have responded and the LCA has tabulated the results.

10 August 2010�

ABA response to the draft Legal Profession National Law

Tue Aug 10 2010

The Australian Bar Association has written to Attorney General Robert McClelland with its response to the consultation draft of the Legal Profession National Law. The ABA supports the principle of simplified uniform legislation and regulation, national standards policies, freedom of movement between jurisdictions and accessible consumer protection. The ABA has confined its response to the topics that are of particular interest to the bar and not trust accounts and the fidelity funds. View the ABA's response >

10 August 2010

Upcoming CPD events for September - Legalwise Seminars (ADVERTISEMENT)

Tue Aug 10 2010

Make sure you are CPD compliant and earn your CPD points at the Hilton Sydney from 15 – 17 September 2010. We have a range of 11 fascinating and topical events for you to choose from. Each seminar is designed with your CPD requirements and latest legal issues in mind and each will be beneficial to you and your practice.

The selection of events include:

Advertising and Marketing Law, Buying or Selling SMEs, Competition and Consumer Law Update, Current Concerns in Commercial Litigation, Retail and Commercial Tenancies, Workplace Bullying, Water Law and Islamic Finance (Melbourne).

Our Rule 42 seminars include: CLE Conference for In-House Lawyers, Rule 42 for All Lawyers, Rule 42 for Litigation Lawyers.

To view our Rule 42 seminars please click here.

Upcoming September CPD events - Legalwise Seminars Venue: Hilton Sydney, 488 George Street, Sydney� When: 15 – 17 September 2010 Start Time: 9.00am – 1.15pm 4 CPD points Start Time: 2.00pm – 5.15pm 3 CPD points Start Time: 9.00am – 5.15pm 7 CPD points Contact: Legalwise Seminars ph: 02 9387 8133 fax: 02 9387 8711 email:

To view our CPD program, speaker details and to register click here.

24 August 2010

Fundraising Dinner for the Martin Place Homeless – Artwork Auction

Mon Aug 09 2010

The Displaced by artist Elizabeth Durack has been donated to the NSW Bar Association to auction at tomorrow's Fundraising Dinner for the Martin Place Homeless. All proceeds from the painting will be donated to St Vincent’s De Paul. The original pen and ink wash artwork is framed and available to view at the NSW Bar Association Reception. A reserve price for the sale of the artwork will be sent out prior to the auction. The auction will take place at the dinner. The New South Wales Bar Association would like to thank Stephen and Lee Rushton for donating the artwork. 18 August 2010

Factors influencing sentencing in domestic violence offences

Mon Aug 09 2010

The NSW Bureau of Crime Statistics and Research (BOCSAR) has published the results of its study on Factors Which Influence the Sentencing of Domestic Violence Offenders. The first such Australian study into the sentencing of domestic violence offenders, it analyses around 20,000 cases of domestic violence related offences dealt with by the NSW courts between January 2008 and June 2009. The research results show that:

[o]ffenders found guilty of a domestic violence-related assault are more likely to receive a prison sentence if: the assault caused significant harm, the offender has a concurrent offence at the court appearance, a prior prison episode, a prior conviction for a violent offence, has breached an AVO in the previous two years, is male or Indigenous.

9 August 2010

Stop At Nothing: Crabb and Turnbull share the podium in the Bar Common Room

Mon Aug 09 2010

Malcolm Turnbull, the newly re-elected member for Wentworth, will be a special guest at Annabel Crabb's post-election round-up at 5.00pm tomorrow, 9 September, in the Bar Common Room. Mr Turnbull was the subject of Ms Crabb's Quarterly Essay "Stop At Nothing: The Life and Adventures of Malcolm Turnbull", which won a 2009 Walkley Award for best magazine feature writing. More recently, Annabel� released her book on Kevin Rudd, Rise of the Ruddbot: Observations from the Gallery. She is currently ABC Online's chief political writer. President Tom Bathurst QC will chair what is sure to be a lively and informative session, organised by the Health, Sport and Recreation Committee.

8 September 2010

High Court decision in Rowe & Anor v Electoral Commissioner & Anor

Fri Aug 06 2010

In today's decision in Rowe & Anor v The Electoral Commissioner & Anor, the High Court has declared that certain provisions of the Commonwealth Electoral Act introduced by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 are invalid. This includes s102(4), which prevents the electoral commissioner from considering claims for enrolment lodged after 8.00pm on the date of the issue of writs for an election. Learn more>

6 August 2010

The Great (Law) Debate

Fri Aug 06 2010

Attorney-General Robert McClelland and Shadow Attorney-General George Brandis SC will take part in an election debate on Friday, 13 August between 11.00am and 12.00 noon in the offices of Gilbert + Tobin, Level 37, Citigroup Building, 2 Park Street, Sydney. The debate will be chaired by James Eyers of The Australian Financial Review, with questions from a three-member panel: Alex Ward, president elect of the Law Council of Australia; Robert Milliner, chair of the Large Law Firm Group and chief executive partner of Mallesons Stephen Jaques; and Associate Professor Jane McAdam of the University of New South Wales.

Entry is free but seating is strictly limited. If you would like to attend, please book a place by contacting Belinda McDonald on 02 9385 2257 or

The Great Legal Debate has been organised by The Australian Financial Review and the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

6 August 2010

TONIGHT: Tuesday 10 August - Recent Updates in Home Warranty Insurance

Fri Aug 06 2010

The Home Warranty Scheme recently changed, with the Government becoming underwriter for the Scheme on 1 July 2010. Although that in itself is not anticipated to have any impact on the rate and volume of litigation generated in this area of law, there is a related issue which involves the insurers ’managing’ builders who are not able to provide either appropriate assets or security to obtain eligibility for home warranty insurance in their own right.

The situation that managers are inspecting works at progress claim stages and making recommendations as to payments or otherwise may lead to potential for contractual disputes. In addition to this issue, Ms Olsson will address the recent decision of the Court of Appeal in Ace Woollhara (Ace Woollahra� Pty Ltd v Owners - Strata Plan 61424 [2010] NSWCA 101) and the amendments that it occasioned, in her presentation. For full details, download a flyer.

10 August 2010

Book your seat at the Industrial Law Section Dinner

Thu Aug 05 2010

Industrial Law Section Dinner will be held at Parliament House on Wednesday, 22 September 2010 at 6:30 p.m. The speaker for the evening will be Justice Gray of the Federal Court. For further information, or to register, download a flyer. Queries can be directed to Shane Prince (02) 9223 1522.

26 August 2010

The Berenice and Ken Buckley Dinner 2010 (ADVERTISEMENT)

Thu Aug 05 2010

Members are invited to attend the Berenice and Ken Buckley Dinner 2010 - A fundraiser for the NSW Council for Civil Liberties - on Wednesday, 25 August at 6.30pm for 7.00pm at the Marigold Restaurant, 683 George Street, Sydney. The keynote address is titled Humans being Human, and will be delivered by Phillip Adams AO. The master of ceremonies will be Rob McHugh.

Broadcaster, filmmaker, author, archaeologist and social commentator Phillip Adams was elected one of Australia’s 100 National Living Treasures in the inaugural poll conducted by the National Trust in 2006.

For over 50 years his columns have provoked discussion and outrage. He is the author of over 20 books, the most recent of which is ‘Adams Verses God: The Rematch. Adams played a key role in the establishment of many important bodies including the Australia Council and the Australian Film Commission. Descibed by Robert Manne as "the most remarkable broadcaster in the history of this country", his Late Night Live is Australia’s most successful "podcast". He’s chaired Film Australia, the Australian Film Institute, the Commission for the Future and the National Australia Day Council - and chairs the advisory board of the Centre for the Mind at Sydney University and The Australian Centre for Social Innovation. His honours include two Orders of Australia, the Human Rights Medal and four Honorary Doctorates.

Cost excluding drinks:

NSW Council for Civil Liberties members: $90 Non-members: $100 Table of 10: $900 For more information, download a flyer>

18 August 2010

AFP High Tech Crime Conference (ADVERTISEMENT)

Thu Aug 05 2010

On 7-9 September 2010 the High Tech Crime Operations portfolio, within the Australian Federal Police (AFP), will hold its second annual High Tech Crime Conference in Sydney. It will be held over three days and will focus on providing education and training to the delegates. Attendance at the conference provides six CLE points to legal delegates.

About HTCC

The High Tech Crime Conference is hosted by the AFP in conjunction with the University of Technology Sydney. The HTCC brings together domestic and international experts and thought leaders from the Judiciary, legal fraternity, government, law enforcement agencies, academia and the private sector.

Through the HTCC, these stakeholders share information and knowledge in order to build Australia's capability and response against this complex and pervasive form of criminality.

The HTCC provides an excellent opportunity for all stakeholders to collectively forge strategic outcomes and to engage and foster new and existing professional networks.

The HTCC also provides a dedicated judicial/legal stream intended for delegates wishing to obtain expert knowledge in this area of law.


  • The up-skilling of all delegates through the provision of expert education in four dedicated subject-matter streams.

  • The sharing of knowledge between all stakeholders in order to meet the challenges of Technology Crime.

  • Awareness-raising of delegates through exposure to the spectrum of disciplines relevant to Technology Crime.

  • The formation of a Community of Excellence of stakeholders willing to provide their support and expertise to others.

  • Building Australia's capability and response to Technology Crime.

Event Details

Date: 7-9 September 2010 Venue: Four Points by Sheraton, Darling Harbour, Sydney, Australia Cost: AUD$475 (plus GST)

27 August 2010

IP & patent professional user group meeting

Wed Aug 04 2010

The Federal Court of Australia, NSW Registry, invites practitioners interested in intellectual property and patent law to attend a professional liaison meeting to discuss current issues relating to patents and intellectual property litigation. It will take place on Monday, 30 August 2010 between 5.00pm and 6.30pm in Conference Room 18.47 of the Law Courts Building, Queens Square. Learn more >

4 August 2010

Include your photo in Find a Barrister

Wed Aug 04 2010

President Tom Bathurst QC and Executive Director Philip Selth jointly request that all members of the Bar Association give consideration to having their photograph included next to their details on the Bar Association web site. All that is required is a digital photograph of yourself. It can be taken professionally or with an ordinary domestic digital camera. The photograph can then be e-mailed to the Bar Association. Members are encouraged to make use of this facility. It is useful to the public but it is also useful to other members of the bar.

4 August 2010

Swearing in ceremony for Ross Letherbarrow SC

Wed Aug 04 2010

Ross Letherbarrow SC will be sworn in as a District Court judge on Wednesday, 11 August 2010 at 9.30am in Court 21A John Maddison Tower. Tom Bathurst QC will speak on behalf of the New South Wales Bar.

5 August 2010

Cases selected for reporting in FCR by V Kline

Tue Aug 03 2010

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

AA Shi Pty Ltd v Avbar Pty Ltd (No 3) [2010] FCA 440 Sainju v Minister for Immigration and Citizenship [2010] FCA 461 Primary Health Care Ltd v Commissioner of Taxation [2010] FCA 419 Silvia v Fea Carbon Pty Ltd [2010] FCA 515 Mercedes Holdings Pty Ltd v Waters (No 2) [2010] FCA 472 James v Western Australia [2010] FCAFC 77

Harbour Radio Pty Ltd v Australian Communications and Media Authority [2010] FCA 478 Sagacious Legal Pty Ltd v Westfarmers General Insurance Ltd (No 3) [2010] FCA 428 Strong Wise Ltd v Esso Australia Resources Pty Ltd (No 2) [2010] FCA 575 Commonwealth v Horsfall [2010] FCA 443 Fischer v Department of Families, Housing, Community Serices and Indigenous Affairs [2010] FCA 441 Kowalski v Chief Executive Officer of Medicare Australia �[2010] FCA 413 Coshott v Coshott [2010] FCA 300 Tran v Commonwealth [2010] FCAFC 80 Keller v LED Technologies Pty Ltd [2010] FCAFC 55 Zin Mon Aye v Minister for Immigration and Citizenship [2010] FCAFC 69 Huddleston v Aboriginal Land Commissioner [2010] FCAFC 66 SZOFE v Minister for Immigration and Citizenship [2010] FCAFC 79 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90 Australian Olive Holdings Pty Ltd v Huntley Management Ltd [2010] FCAFC 76 Stuart v Construction, Forestry, Mining and Energy Union [2010] FCAFC 65 Stoddart v Boulton [2010] FCAFC 89 Egglishaw v Australian Crime Commission [2010] FCAFC 82 Minister for Home Affairs v Siam Polyethylene Co Ltd [2010] FCAFC 86 John Holland Group Pty Ltd v Robertson [2010] FCAFC 88 Coal and Allied Mining Services Pty Ltd v MacPherson� [2010] FCAFC 83

3 August 2010

Who Owns Your Genes? Is the Patenting of Genetic Discoveries in the Public Interest?

Tue Aug 03 2010

Members are invited to attend Who Owns Your Genes? a lecture by Professor Peter Cashman on the legal, policy and public interest questions arising out of the patenting of human genetic discoveries. The lecture will take place on 10 August 2010 between 6.00pm-7.30pm at Sydney Law School.

To date, a substantial number of genetic 'discoveries' have been the subject of successful patent applications in Australia and in numerous other countries. This has given rise to a number of complex and controversial legal and policy questions. These issues are presently under consideration by a Senate inquiry in Australia and the subject of a test case in the United States brought by the American Civil Liberties Union and the Public Patent Foundation affiliated with the Benjamin N Cardozo School of Law [Association for Molecular Pathology, et al. v United States Patent and Trademark Office, et al., SDNY].

Dr Peter Cashman is a barrister and Kim Santow Chair in Law and Social Justice at the University of Sydney. He was formerly: Commissioner in charge of the civil justice review with the Victorian Law Reform Commission; Commissioner jointly in charge of the reference on class actions with the Australian Law Reform Commission; founding Director of the Public Interest Advocacy Centre; founder and senior partner of the firm Cashman & Partners which merged with the Melbourne firm Maurice Blackburn & Co to form the national firm Maurice Blackburn Cashman (now Maurice Blackburn Pty Ltd); Governor of the American Trial Lawyers' Association (now the American Association for Justice) and National President of the Australian Plaintiff Lawyers' Association (now the Australian Lawyers Alliance). He holds a degree in law and a diploma in criminology from the University of Melbourne and a Master of Laws degree and a PhD from the University of London. He has practised law in the United Kingdom, the United States and Australia.

The lecture is FREE and pre-registration is not required. For more information about this or other lectures in the series, visit the Law School's web site, e-mail the events coordinator or phone (02) 9351 0259.

3 August 2010

Wanted: contributors to AIJA research project

Mon Aug 02 2010

The Australian Institute of Judicial Administration is inviting expressions of interest from those who are interested in contributing to a new research project, Australian Courts: Serving Democracy and its Publics, which is linked to implementation of the Strategic Framework for Access to Justice in the Federal Court System. For further details, or to discuss the chapter outline, contact the project editors, Professor Mark Evans and Dr Don Fleming of the ANZSOG Institute for Governance at University of Canberra, on 02 6201 5791 or

2 August 2010

New practice note for the Land and Environment Court

Mon Aug 02 2010

On 28 July 2010 the chief judge of the Land & Environment Court, the Hon Justice Brian Preston, issued a new practice note for Class 2 Tree Applications, effective the same date. This practice note replaces the previous practice note concerning Class 2 Tree Applications issued by the chief judge on 15 August 2008, which has now been repealed.

The forms for Class 2 applications made pursuant to the Trees (Dispute Between Neighbours) Act 2006 have also been updated. Forms D, E and F have been repealed, and all of the tree forms have been replaced with a new version of Form C, and new supplementary forms - Form G and Form H. These forms can be obtained (in PDF and Word formats) from the Forms and Fees page of the Land and Environment Court web site, or via the following links:

1. Tree dispute application form (Form C) 2. Form G for hedge disputes 3. Form H for trees causing damage or injury�

2 August 2010

CPD Seminars This Week

Mon Aug 02 2010

The following three CPD seminars will be taking place this week: TONIGHT: Views of the “Hot Tub” from the Bar and the Bench, presented by The Hon Justice Rares and Bernie Coles QC – 5.15pm, Monday 23 August (Substantive Law strand) The Prohibitions Del Roy, presented by Dermot Ryan SC – 5.15pm, Tuesday 24 August (Substantive Law strand) Richard of Anstey and the Sackville Inheritance, presented by The Hon John Bryson QC – 5.15pm, Wednesday 25 August (Substantive Law strand)

23 August 2010

Football teams from Qld, Vic & NSW bars to take part in a festival of the boot

Fri Jul 30 2010

On Saturday, 11 September 2010 the New South Wales Bar Football Team will defend the Suncorp Perpetual Trophy when they play the Victorian Bar at St Andrews Oval, University of Sydney. Kickoff will be at 1.00pm. The Victorians are keen to avenge their 3-1 loss in September last year, but have dismissed rumours that sacked Argentine coach Diego Maradona was spotted in William Street. Joining them will be a team from the Queensland Bar, to take part in a "Tri-States" round-robin competition. Drinks and presentations will follow from about 5.00pm. For further information or to register please contact Anthony Lo Surdo ph: (02) 9223 3181 or

30 July 2010