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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: losurdo@12thfloor.com.au,� 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 kevlindgren@gmail.com 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 jsimon@legalwiseseminars.com.au

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 debtrecoveryreview@dpc.nsw.gov.au 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

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: office@nswlr.com.au, 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 admin@learnedfriends.com.au or contacting Peter Cummings pcummings@newcastlechambers.com.au �

2 November 2010

No Title - Please give me one

Tue Nov 02 2010

2 free community legal information events in November on behalf of the Parramatta Community Justice Clinic (www.uws.edu.au/pcjc).

The events are free community legal information sessions and are co-hosted by the Parramatta Community Justice Clinic and a number of partners.� The topics are Immigration Law and Elder Law.� Events are being held on the 10th (Immigration Law) and 23rd of November (Elder Law) in Parramatta CBD.� For more information please see below.� Programs are available on www.uws.edu.au/pcjc - click on “Events”.

We have also started a new service – an Immigration Clinic.� The Clinic will operate at the PCJC (Level 1, Parramatta Community Justice Clinic, Justice Precinct Offices, 160 Marsden St, Parramatta) on Thursdays from 10am – 1pm as of 18th November.� For appointments please contact the PCJC on 8688 7873 or pcjc@uws.edu.au �

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