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

Appointments to note

Fri Oct 29 2010

The Hon Justice Arthur Emmett has been appointed to the Australian Law Reform Commission as part of the current inquiry into improving the discovery process in civil litigation.

29 October 2010

@LCA: the monthly newsletter of the Law Council

Fri Oct 29 2010

The October 2010 issue of the Law Council's newsletter, @theLCA, is now available online. This edition features stories on national standards for the Bachelor of Laws, the John Koowarta Reconciliation Law Scholarship, the 2009 Court Appearance Survey, the 14th National Family Law Conference and discussions with the inspector-general of intelligence and security. Download a copy of @LCA>

29 October 2010

Zotti cases and amendments the Motor Accidents Compensation Act

Fri Oct 29 2010

The New South Wales Government is in the process of passing the Motor Accidents Compensation Amendment Bill 2010. This Bill incorporates an amendment to Section 3 and 3A of the Motor Accidents Compensation Act 1999 to overcome difficulties created by the Court of Appeal decision in Zotti v Australian Associated Motor Insurers Limited (2009) NSWCA 323.� The amended provisions are retrospective to 1 October� 2006.

Representations were made to Government to� widen the application of the Bill as it was understood that there were still some cases from pre-1 October 2006 where insurers were taking a Zotti _point, however the Bill has not been extended to cover these cases. The MAA has indicated that it would� be interested in hearing about any pre-1 October 2006 _Zotti _cases. The MAA has indicated that where insurers� are taking a _Zotti point in pre-1 October 2006 cases, the MAA would be prepared to discuss the approach taken with the insurer.

Any members who have a pre-1 October 2006 case in which there is a Zotti issue are invited to contact the Alastair McConnachie, deputy executive director at the Bar Association on�� to discuss how the MAA can be approached to address the Zotti� issue.

29 October 2010

Bar Council elections - make your vote count

Thu Oct 28 2010

The returning officer has reported a number of Bar Council election votes where members haven't written their full name on the outside of the supplied envelope containing the ballot. Others have been shading the box to the right of the candidates name instead of the left, as required. Members are reminded to follow the instructions issued with the ballot paper.

28 October 2010

Keane CJ to deliver keynote address at international law conference (ADVERTISEMENT)

Thu Oct 28 2010

On Friday, 3 December 2010 Chief Justice Patrick Keane of the Federal Court will deliver the keynote address at Monash University's conference, "Through the Looking Glass: National Engagement with International and Foreign Law and Governance". The address will be delivered at 9.15am in Court Room 1 on Level 21 of the Federal Court, Queens Square. Free attendance will be given to any member of the legal profession. RSVP to Bridget Sadler []

2 December 2010

Crown rates for junior and senior counsel

Thu Oct 28 2010

As a result of negotiations between the Bar Association and Department of Justice and Attorney General, the attorney has approved the following increases in Crown rates for junior and senior counsel, effective 18 October 2010: junior counsel - $240 per hour with a daily maximum of $1,800 plus GST; senior counsel - $400 per hour with a daily maximum of $4,000 plus GST. These rates include all overheads, secretarial, legal and administrative assistance but _not _out of pocket disbursements.

28 October 2010

ICAC raises its tempo

Thu Oct 28 2010

The Independent Commission Against Corruption (ICAC) has reported a 186 per cent increase in the number of full investigations it undertook in 2009-10 from the previous year, while holding more than double the number of public inquiries held in 2008-09. Learn more >

28 October 2010

High tea with the Golden Girls

Thu Oct 28 2010

Members are invited by the Women Lawyers Association of NSW to attend their Golden Girls Annual ‘high tea’, to be held at the Union, University & Schools Club of Sydney on Friday, 12 November 2010 at 12:30pm — 2:00pm.

The annual luncheon provides an opportunity for retired colleagues and WLA life members to reconnect and impart their knowledge and experience to others. It's a rare occasion to meet with some of the WLA's founding and pioneering women. All welcome. Please ensure you register to ensure adequate seating and catering.

Cost: $25pp includes 'high tea' lunch and beverages. Please RSVP with payment by 10 November using the registration form or contact the WLA office.

28 October 2010

New website launched for Star Grants applications

Wed Oct 27 2010

The second round of Star Grants for lifting professional standards is now open, with applications invited up to 31 March 2012 via a new dedicated website. Star Grants are an initiative of the Professional Standards Councils, to pursue improvements in occupational standards. Financial support for projects is offered to both individual members of Cover of Excellence� Schemes, as well as occupational associations that administer schemes.

"The grants offer the opportunity to prioritise projects that aim to elevate professional standards and competencies in member organisations and occupations," says Philippa Seagrave from the Office of the Professional Standards Councils.

"After the success of our first round of funded grants, we are pleased to further offer the opportunity for the development of innovative concepts and processes to improve the professional standards of member organisations, and to lift the quality of service they deliver to the Australian community."

Last year a diverse range of projects was funded, including education to assure quality standards of criminal advocacy at the Victorian Bar, streamlined compliance with Quality Assurance standards for the Institute of Public Accountants, education about financial abuse of elderly people for legal practitioners in Victoria, and practical risk management in public practice for accountants.

The Star Grants application process has been streamlined for this round of applications, with the launch of a new online destination for all information and applications at

16 February 2012

Report on criminal incidents involving the death of an unborn child

Wed Oct 27 2010

Attorney General John Hatzistergos today released the review of laws relating to criminal actions that result in the death of an unborn child. The report by the Hon Michael Campbell QC, has recommended consideration be given to amending the Victims Support and Rehabilitation Act 1995 to include the loss of a foetus so as to provide for compensation to victims who lose an unborn child as a result of a criminal act; and establishing a scheme to provide for the payment of the funeral costs of a stillborn child, in certain circumstances, lost as a result of a criminal act.

27 October 2010

Bench and Bar v Solicitors chess match

Wed Oct 27 2010

The annual Terrey Shaw Shield chess match between the Bench & Bar and Solicitors will this year be hosted at Allens on 11 November 2010 at approx 5.45pm. The Bench & Bar have narrowly won the last two encounters. The match caters for all standards. Chess players interested please contact the captain Robert Colquhoun at, mob 0412607518, or Vice Captain Gordon McGrath at

27 October 2010

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

Wed Oct 27 2010

The following cases will be published in a forthcoming volume of NSWLR: Downes v Amaca Pty Ltd [2010] NSWCA 76 Zotti v Australian Associated Motor Insurers Ltd [2009] NSWCA 323 Liverpool City Council v Laskar [2010] NSWCA 52 Fkiaras v Fkiaras [2010] NSWCA 116

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

Expressions of interest sought for rooms in Wardell Chambers (ADVERTISEMENT)

Tue Oct 26 2010

Rooms are to become vacant in Wardell Chambers (Level 15, 39 Martin Place).� The rooms are beautifully made with book cases, cupboards, carpets and all fittings. Many of the rooms are large in size.� Some face north over Martin Place and others west overlooking the courtyard of the MLC building. The rooms are to be offered free of charge.� No payment is required.� The rent is attractively low.� There is to be a 10 year lease. This rare opportunity has arisen because a number of the present floor members are leaving their rooms vacant in order to start new Chambers.

Level 15 Wardell is a long standing floor with a competent clerk and staff.

The Board is looking to attract forward thinking applicants.� All applications to the Clerk will be treated in confidence.

26 October 2010

TONIGHT: Tuesday 16 November - Joint Trials

Tue Oct 26 2010

This seminar will cover the responsibilities of counsel to the court and their clients in cases of multiple defendants and the relationship between counsel. Tim Game SC will discuss the ethical responsibilities of counsel, with reference to the NSW Barristers’ Rules and Legal Profession Act.� Dina Yehia SC will discuss some of the practical and procedural considerations in running a joint trial. CPD points may be claimed in either the Ethics or Advocacy strands, registration is not required. Please note this seminar will be held at the Matt Laffan Training Centre, Level 19, 175 Liverpool Street, Sydney (please go to Level 15 to gain access). For full details of this event, download a flyer.

16 November 2010

BOCSAR NSW Criminal Courts Statistics 2009

Mon Oct 25 2010

The NSW Bureau of Crime Statistics and Research ("BOCSAR") today released its 2009 Criminal Courts Statistics Report. The Director of the Bureau, Dr Don Weatherburn, noted today that the increase in the time spent in custody by offenders refused bail but eventually acquitted of all charges was a matter of concern. See BOCSAR's Media Release and view the Report.

25 October 2010

Gleeson AC QC to chair arbitration committee

Fri Oct 22 2010

Former chief justice of the High Court of Australia, the Hon Murray Gleeson AC QC, will chair a judicial liaison committee, which has been set up to promote uniformity in rules and procedures concerning enforcement of arbitration agreements, appointments of arbitrators, interim measures in support of arbitration, assistance of the arbitral process, and enforcement of awards. Learn more >

22 October 2010