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Papers to note: Spent Convictions for Juvenile Offenders

Thu Jul 08 2010

The Legislative Council's Standing Committee on Law and Justice has released its report on Spent Convictions for Juvenile Offenders. The committee was asked to report on whether sex offenders’ convictions should be capable of being spent under the Criminal Records Act 1991, or should they only become spent in limited circumstances, for example where: the offence was committed as a juvenile; there was a finding of fact that the sex was consensual; the offences were minor sex offences; or no conviction was recorded. Warwick Hunt from the Bar Association's Criminal Law Committee gave evidence before the inquiry.

8 July 2010

New Zealand Bar Association Annual Conference

Thu Jul 08 2010

Members are invited to attend the 2010 New Zealand Bar Association Annual Conference, which will be held at the beautiful Millbrook Resort in Queenstown between 27 and 29 August. This year’s keynote speaker is the Rt Hon Lord Justice Jackson, who visited Australia and New Zealand last year in relation to his review of the rules and principles governing the costs of civil litigation in England. The programme starts with Lord Justice Jackson, Judge Joyce QC and Anne Stevens leading a discussion on litigation efficiency and the costs of access to justice, and is followed by Justice Winkelmann and Justice White focusing on court-awarded costs and judicial regulation of litigation.

After lunch, the Hon Christopher Finlayson, attorney general of New Zealand, Justice Fogarty and Mary Scholtens QC will address the issues arising out of counsel’s duty to co-operate, how barristers are uniquely subject to ethical duties to the court, and where future developments in the duty to co-operate might lead.�

In the final session, Sir John Hansen, Bret Walker SC of the New South Wales Bar, Paul Lindholm of LPF Group Limited and Tony Gavigan will examine recent and likely developments in the role played by the Legal Services Agency and litigation funders, and the impact of those developments on barristers and the legal profession as a whole.

There will be a formal dinner at the MMC Ballroom on Saturday night, and on Sunday morning members can join Lord Justice Jackson for breakfast before heading off to enjoy the outstanding facilities at Millbrook, Queenstown, and its surrounds.

As always, partners are welcome to join in the social activities and special partner activity options are available. Extended stay options at Millbrook are available at the conference rate.

To register for the 2010 annual conference, please return a completed registration form� to Jenny Walsh at CiEvents either by email jenny.walsh@cievents.co.nz, or by fax +64 9 3667354. Jenny can assist you with your flight bookings, accommodation and extended stay options, and partner activities. Her telephone number is +6493019276.

28 July 2010

All seized up? Bar yoga classes resume on 20 July

Thu Jul 08 2010

Did you know that yoga classes are available to members of the New South Wales Bar Association? The next term starts on 20 July. When: Tuesday mornings at 7:15am (finishing 8:15am). Where: The Common Room, Selborne Chambers (LG floor) Cost: $15/class paid in advance, or $20/class casual fee. How: Register online for the next term of ten classes. Let us know if you have other requirements.

Can I try before I commit? Yes - we offer a first-class free trial class. All you need to do to register for your free trial class is complete & email the attached registration form, to get started ASAP. � I'm not very fit / flexible - will this suit me? Yes - it's a mixed level class, and your teacher will look after you and ensure the practice is accessible, achieveable, functional and enjoyable for everyone. She has years of experience introducing corporate folk to the yoga practice. � What's so good about yoga? Why don't you read some of our student testimonials for yourself?

8 July 2010

Appointments to the Local Court

Thu Jul 08 2010

Attorney General John Hatzistergos has announced two new appointments to the Local Court of New South Wales. Magistrate Jane Culver has been appointed a deputy chief magistrate, while Jennifer Atkinson, the manager of court services and prothonotary at the Supreme Court has also been appointed as a magistrate.

Magistrate Culver will be sworn-in at a ceremonial sitting on 12 July 2010 at 9.00am in courtroom 5.2 of the Downing Centre Local Court. Sandy Street SC will speak on behalf of the New South Wales Bar. Ms Atkinson will be sworn-in on 19 July.

8 July 2010

2010 Human Rights Medals and Awards

Wed Jul 07 2010

Nominations are now being called for the Australian Human Rights Commission’s 2010 Human Rights Medals and Awards which recognise and reward efforts to protect human rights in Australia. Nominations close at 5pm on Monday, 4 October, 2010. Winners will be presented with their Medals and Awards at a ceremony to be held on Human Rights Day, Friday, 10 December 2010 at the Sheraton on the Park in Sydney. For more information about the award categories, or to obtain an entry form, visit the Human Rights Commission's web site>

29 July 2010

You are invited to the unveiling of the Hannah Cabinet

Wed Jul 07 2010

Members of the Bar Association are invited to the unveiling of the Hannah Cabinet by the governor of New South Wales, Her Excellency Professor Marie Bashir AC CVO, this Friday, 9 July at 11.00am in Parliament House, Sydney. Come and see this amazing work of art. If you think it would fit well in your chambers, it is for sale for $1.5m!

7 July 2010

Appointments to note

Wed Jul 07 2010

Richard Button SC and Nicholas Richard Cowdery AM QC have been appointed as members of the DNA Review Panel for the period commencing on 7 July 2010 and expiring on 25 May 2013. In addition, Keith Alder has been appointed as a deputy senior crown prosecutor for the period commencing on 8 July 2010 and expiring on 7 July 2017.

7 July 2010

New Professional Standards Scheme for New South Wales Bar Association members

Wed Jul 07 2010
Professional Standards Scheme

Members were advised via In Brief _on 28 June of the approval of the New South Wales Bar Association's new professional standards scheme. The new scheme was published in the _New South Wales Government Gazette on Friday, 25 June and took effect on 1 July 2010. It expires on 30 June 2015. The new scheme limits the liability for damages to $1.5 million. Learn more>

8 July 2010

Family Court ceremonial sittings

Tue Jul 06 2010

Four Family Court judges will be sworn-in at ceremonial sittings at three different registries in the coming week.

On Thursday, 8 July 2010 at 9.30am, Margaret Cleary will be sworn-in at Courtroom 1 of the Newcastle Registry. Adam Mooney will speak on behalf of the New South Wales Bar.�

On Friday, 9 July 2010 at 4.30pm, Ann Ainslie-Wallace will be sworn-in at the Sydney Registry. Chris Simpson SC will speak on behalf of the New South Wales Bar.

On Monday, 12 July 2010 at 9.30am Bill Johnson and Ian Loughnan will be sworn-in at the Parramatta Registry. Robert Lethbridge SC will speak on behalf of the New South Wales Bar.

7 July 2010

Upcoming July CPD seminars from Legalwise (ADVERTISEMENT)

Tue Jul 06 2010

Legalwise Seminars invites members to register today and join them at the Hilton Sydney, from 22 – 23 July for their comprehensive and topical programs designed to develop your legal knowledge and keep you up-to-date with the legal industry. Events include: Company Takeover Essentials, Disciplinary Proceedings Before Tribunals and Professional Boards, Elder Law, Government Contracts, Practicalities of Property Issues in Family Law, Rule 42: Ethics, Practice, Management and Professional Skills, Rule 42 for Government Lawyers and Workers Compensation.

Venue: Hilton Sydney, 488 George Street, Sydney � When: 22 – 23 July 2010 Start Time: 9.00am – 1.15pm 4 CLE points | 2.00pm – 5.15pm 3 CLE points Contact: Legalwise Seminars on ph: 02 9387 8133 fax: 02 9387 8711 email: info@legalwiseseminars.com.au

View full programs

12 July 2010

Supreme Court Annual Corporate Law Conference

Tue Jul 06 2010

The Supreme Court Annual Corporate Law Conference, "Restructuring Companies in Trouble: Director and Creditor Perspectives", will be held from 1.15pm - 6.00pm on Tuesday, 24 August 2010 in the Banco Court, Queens Square. The conference will be opened by the Hon JJ Spigelman AC, chief justice of NSW; Mary Macken, president of the Law Society of NSW; and Professor Jennifer Hill, director of the Ross Parsons Centre.

Speakers include Professor John Armour, Hogan Lovells Professor of Law and Finance, Oxford University, speaking on the restructuring experience in the UK and proposals for reform; Corinne Ball of Jones Day, New York, who will give a perspective from the United States after the Chrysler experience; Stephen Parbery of Prentice Parbery Barilla, Sydney, who will assess voluntary administration in Australia and look at the suitability for workouts, turnarounds and pre-packs; David Cowling of Clayton Utz, Sydney, who will discuss insolvent trading, shadow directorship, and other perils of informal workouts in Australia and Professor Robert B. Thompson, Georgetown University Law School, who will give some reflections on reform of bankruptcies or bailouts given financial reform in the US.� The program will also feature a hypothetical to be moderated by Alan Cameron AM.� � Cost is $250.00 which includes afternoon tea and drinks in the evening. For further information contact Robyn Davies at the Law Society of NSW, 170 Phillip Street, Sydney 2000. DX 362 Sydney, phone 9926 0276 fax 9223 1496 or email robyn.davies@lawsociety.com.au� To Register contact Richard Plane fax 9223 1496 or email richard.plane@lawsociety.com.au. � Here is text supplied from Dr Robert Austin that went into the Journal.�� The GFC has created many uncertainties in financial analysis, including uncertainty about the value of impaired assets and the availability of refinancing through the global credit markets when debts fall due for repayment.� For some companies, these difficulties have led to doubts about solvency.� It has been contended that when the solvency of a company is doubtful, its directors are much too prone to call in the administrators, so as to avoid the risk of personal liability for insolvent trading.� It is claimed that directors sometimes fail to give adequate consideration to the prospects for a workout, that would preserve the company's business and enhance the prospects for creditors and employees.� This perceived problem led the Australian Treasury to release a discussion paper in January 2010, raising for consideration a modified business judgment rule, designed to� protect directors from insolvent trading liability while they are investigating a bone fide workout proposal, or in the alternative, a moratorium while a workout is under consideration.

The same perceived problem is being addressed in different ways in the United Kingdom and the United States.� A proper understanding of the approaches taken in those countries will provide fresh perspectives for the analysis of the Australian proposals.� In this year's Supreme Court Conference, leading experts from those two jurisdictions will join local experts to explore the problem under Australian present law, and the alternative solutions that have been developed in those other countries.� The issues to be addressed are of vital importance for advisers to companies and their directors, and for the development of effective laws that will strengthen the Australian economy during the recovery period.

4 August 2010

Special Event - Save the date - A Fundraising Dinner for the Martin Place Homeless

Tue Jul 06 2010
Philanthropy

The New South Wales Bar Council would like to invite members and friends to The New South Wales Bar Association Fundraising Dinner for the Martin Place Homeless to be held on Thursday, 19 August 2010, in the Strangers’ Dining Room, Parliament House, Macquarie St, Sydney. Every night (other than Christmas) groups of volunteers provide an evening meal in Martin Place for approximately one hundred homeless people, and in other nearby areas for another seventy-five.� Many of these groups are under-funded and are often not able to provide nutritious meals. The aim of this dinner is to raise sufficient funds to provide these 175 homeless people with a nutritious meal every night for one year. A voluntary tax deductible donation of $100 to St Vincent’s de Paul, included with payment for the dinner will ensure this can happen. The evening will consist of a three-course dinner and drinks, and an evening of anecdotes, observations and quips from The Hon Justice Ian Harrison, her Honour Judge (soon to be the Hon Justice) Ainslie-Wallace and Mr Tobin QC.� There will also be a very special mystery guest in attendance. Tickets will soon be on sale, but please mark this evening in your diaries. Seating will be in tables of ten. Further details to follow shortly. 6 July 2010

Bar News Winter 2010

Mon Jul 05 2010

The Winter 2010 edition of Bar News is out now. This edition features the 2010 Maurice Byers Address, Michael Kirby's article on internationalisation of domestic law, a fascinating article about life on the bench in Papua New Guinea and a feature on Sir George Rich. Bullfry makes a return appearance and recent appointments to state and federal courts are covered as well. Due to the size of the new edition, the Australia Post contractor has experienced some delays in delivering to all addresses. If you do not receive your copy in the next two days, please contact the publications manager. 5 July 2010

Letter to the editor from Attorney General Hatzistergos

Mon Jul 05 2010

Attorney General John Hatzistergos has written to the Sun-Herald in response to speculation in that newspaper that he is seeking judicial appointment. The attorney's letter to the editor, published in the Sun-Herald, states that such speculation is 'wholly without truth'. Mr Hatzistergos has also written a letter to the Sunday Telegraph regarding recent changes to the Jury Act.

5 July 2010

Third Parties and Constructive Trusts (ADVERTISEMENT)

Mon Jul 05 2010

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Mr David Wright, associate dean of law at the University of Adelaide on Third Parties and Constructive Trusts. The address will take place on Thursday, 15 July 2010 at 5.30pm sharp at Banco Court, Queens Square, Sydney. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer>

12 July 2010

New Federal Court practice notes commence on 5 July

Fri Jul 02 2010

The Federal Court Amendment Rules 2010 (No 1) and two new Federal Court practice notes take effect on Monday, 5 July 2010.

Federal Court Amendment Rules 2010 (No 1)

The Federal Court Amendment Rules 2010 (No 1) Practice Note CM 16 – Pre-judgment Interest

Practice Note CM 16 sets out the approach that parties may expect the Court to adopt when determining the rate of pre-judgment interest. This was previously dealt with by Order 35 rule 7A of the Federal Court Rules that will be omitted by the Federal Court Amendment Rules 2010 (No 1). This is a ‘harmonised’ practice note prepared by the Council of the Chief Justices’ Discount and Interest Rate Harmonisation Committee.�

Practice Note CM 17 – Representative Proceedings Commenced under Part IVA of the Federal Court of Australia Act 1976

Practice Note CM 17 sets out the procedures and arrangements for the conduct of representative proceedings under Part IVA of the Federal Court of Australia Act.�

2 July 2010

NSW IRC announcements on fees, interest and more

Fri Jul 02 2010

The Industrial Relations Commission has made a number of announcements relating to an increase in fees, the calculation of interest and the transfer of jurisdiction relating to public sector and transport worker promotional and disciplinary appeals to the commission. Learn more>

2 July 2010

Letter to the editor of the Daily Telegraph

Fri Jul 02 2010

The following is a letter to the editor of the Daily Telegraph from the chair of the Bar Association's Criminal Law Committee, Stephen Odgers SC, concerning an article by Janet Fife-Yeomans under the dealine "Killers set free". The letter was published today, 2 July 2010.

The two articles by Janet Fife-Yeomans in the Daily Telegraph present a misleading picture of the criminal justice system in NSW and may encourage yet another "law and order" auction in this State.

Under the headline "killers set free" the story states "juries acquit up to half of all defendants charged with murder".

The number of acquittals at trial does not indicate that the system is not working. The vast majority of people charged with criminal offences plead guilty and some of those acquitted will have been found not guilty by reason of mental illness, but are detained for treatment.

No doubt, on occasion, a person who committed a crime pleads not guilty and is given the benefit of the doubt by a jury.

Equally juries in NSW can wrongly convict, however the system is designed to minimise this. That is why guilt must be proved "beyond reasonable doubt".

The relatively high rate of acquittal in sexual assault cases is explained by the fact that generally, it is one person’s word against another’s, without corroborative evidence to support the prosecution case.

No system of criminal justice can be perfect. The rules of evidence are under constant review to try to get the balance right and ensure fair trial. The jury, an important part of our criminal justice system and entrenched in the Federal Constitution, has recently been the subject of important reforms.

However, any process of reform is not assisted by misleading and alarmist articles such as these.

Stephen Odgers SC Chair, Criminal Law Committee New South Wales Bar Association

2 July 2010

Chief Justice Spigelman to chair the Council of the National Library

Fri Jul 02 2010

Chief Justice James Spigelman AC has been appointment as chair and member of the Council of the National Library of Australia. The appointment is for a term of three years.

"Chief Justice Spigelman is one of Australia’s most eminent jurists with a strong interest in Australian arts and culture. He has served as chairman of the Film Finance Corporation, as a member of the Council of the National Gallery of Australia and as a councillor of the Australian Film, Television and Radio School", said Minister for the Arts Peter Garrett. Learn more >

2 July 2010�

Recent (re)appointments

Thu Jul 01 2010

The Executive Council has approved the following appointments: the reappointment of the Honourable Acting Justice Barr, the Honourable Acting Justice Hamilton, the Honourable Acting Justice Mathews, AO, and the Honourable Acting Justice Smart as acting judges of the Supreme Court of New South Wales for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The reappointment of the Honourable Acting Justice Sackville AO and the Honourable Acting Justice Tamberlin as acting judges and acting judges of appeal of the Supreme Court of New South Wales for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The reappointment of the Honourable Acting Justice Bryson as an acting judge and an acting judge of appeal of the Supreme Court of New South Wales for the period commencing on 1 July 2010 and expiring on 31 December 2010.

The reappointment of his Honour Acting Judge Christie QC, his Honour Acting Judge Forno QC, his Honour Acting Judge Graham, the Honourable Acting Judge Hungerford QC, his Honour Acting Judge McLauchlan QC, the Honourable Acting Judge Madgwick QC, his Honour Acting Judge Moore, his Honour Acting Judge Nield, his Honour Acting Judge Phegan and his Honour Acting Judge Sir Robert Woods CBE, as acting judges of the District Court of New South Wales for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The reappointment of his Honour Acting Judge Barnett as an acting judge of the District Court of New South Wales and as a judge of the Drug Court of New South Wales for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Mr Robert Joseph Abood, Mr Peter Frederick Ashton, Mr John Anthony Bailey, Mr Leslie John Brennan, Ms Elizabeth Catherine Corbett, Mr John Ormonde Crawford, Mr Colin Alan Elliott, Mr Kevin Charles Flack, Mr James Edward Garbett, Mr Andrew John Benson George, Mr Graham Johnson, Mr Paul Alexander Lyon, Mr John McIntosh, Mr Christopher Wayne McRobert, Mr Michael Joseph Mahony, Mr Dragan Carl Milovanovich, Mr Michael Francis Morahan OAM, Mr David Patrick O’Connor, Mr Michael Kevin Price, Mr Mark Robert Shepherd and Mr George Zdenkowski as acting magistrates of the Local Court of New South Wales for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The reappointment of Mr Brian Anthony Lulham as an acting Magistrate of the Local Court of New South Wales and as a part-time member and as chairperson of the Victims Compensation Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Mr Peter Dwyer as chairperson of the Pharmacy Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Ms Phillipa Jane Gormly as a Deputy Chairperson of the Chiropractic Tribunal, a deputy chairperson of the Optometry Tribunal, and a deputy chairperson of the Osteopathy Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Ms Joanne Emily Muller as a deputy chairperson of the Chiropractic Tribunal, the chairperson of the Optometry Tribunal, the chairperson of the Osteopathy Tribunal, and a deputy chairperson of the Pharmacy Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Mr Nicholas Kevin Francis O’Neill as a deputy chairperson of the Pharmacy Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.

The appointment of Mr Cedric Bohrsmann Vass as the chairperson of the Chiropractic Tribunal and as a deputy chairperson of the Osteopathy Tribunal for the period commencing on 1 July 2010 and expiring on 30 June 2011.�

1 July 2010

Vale Eric Strasser (1930 -2010)

Thu Jul 01 2010

Eric Michael Strasser, formerly of Frederick Jordan Chambers, died on 29 June 2010. A funeral service was held today at Macquarie Park Cemetery. An obituary will be published in the next edition of Bar News.

1 July 2010