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Assistance required with Expert Evidence Workshops

Tue Oct 12 2010

Forensic Foundations, on behalf of the National Institute of Forensic Science, is holding a series of workshops to provide training to expert witnesses regarding court processes. They are looking for counsel to assist them in the workshops.� The next workshop will be held on Saturday 27 November. Volunteers will have an opportunity to conduct a short examination in chief and cross examination of an expert witness.� Scenarios and other material will be provided one week in advance.� If you would like to assist, or would like further information, please contact Anna Davey, Director of Forensic Foundations.

12 October 2010 �

Reminder - nominations for 2011 Bar Council

Tue Oct 12 2010

Members are reminded that nominations for the 2010 Bar Council must be received by the returning officer by 4.00pm on Monday 18 October 2010. Nomination forms have been posted to all members.� The form is also available from the Bar Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail reception@nswbar.asn.au).

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer.� A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact Ms Corinne Brown at the Bar Association on ph 9229 1754, or e-mail cbrown@nswbar.asn.au

12 October 2010

A series of silk events

Mon Oct 11 2010

The recently-appointed senior counsel will take their bows in accordance with the following schedule:

Wednesday, 13 October 2010 Supreme Court - 9.00am in the Banco Court (silk robes are worn, without wigs) Federal Court of Australia - 9:30am - Court 1, Level 21 (robes to be worn, no wigs)

Monday, 18 October 2010

Land and Environment Court - 9:00am, before the Hon Justice Preston in Court 12 (robes to be worn, no wigs)

19 October 2010

Industrial Relations Commission - 9:30am in Court 4.1 Level 4, 47 Bridge Street, Sydney (no robes or wigs)

Thursday, 21 October 2010

District Court - 9:30am, before the Honourable Justice R O Blanch AM in Court 3.1 of the Downing Centre (robes and full-bottom wigs)

11 October 2010

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Cases selected for reporting in FCR by V Kline

Mon Oct 11 2010

The following cases were selected by V Kline for reporting in FCR: Hudson v Minister for Immigration and Citizenship �[2010] FCAFC 119 Tyco (Australia) Pty Ltd v Signature Security Group Pty Ltd (No 4) �[2010] FCA 758 Ferella v Official Trustee in Bankruptcy �[2010] FCA 766 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union �[2010] FCA 784 Liquor Hospitality and Miscellaneous Union v Arnotts Biscuits Ltd �[2010] FCA 770 MZYFH v Minister for Immigration and Citizenship �[2010] FCA 559

Flanagan v Murdoch Community Services Inc �[2010] FCA 647 Australian Capital Territory v Queanbeyan City Council �[2010] FCAFC 124

11 October 2010

Tonight: The Forbes Lecture 2010

Fri Oct 08 2010

The Forbes Society, in conjunction with the New South Wales Bar Association, will be holding the annual Forbes Society Lecture on Wednesday, 17 November 2010. The lecture will be delivered by Dr Lisa Ford (UNSW), and will be entitled ‘Thinking Big about Early New South Wales: Colonial law in Global Perspective'. The Hon Justice V Bell will chair the event. The Lecture will be held at the Banco Court, Level 13, Law Courts Building, Queen’s Square, Sydney, and will commence at 5.15pm. Dr Ford proposes to explain the value of placing Australia's colonial legal history in global perspective. For further information, click here.

17 November 2010

Senior counsel selection 2010: Keith Mason's view from the inside

Thu Oct 07 2010

One recommendation of the 2010 Gyles Report into the silk selection process was that a person who is not a practising barrister “but who by virtue of his or her qualifications is an appropriate person” should be a member of the Selection Committee. President Tom Bathurst QC asked the Hon Keith Mason AC QC to take up this challenge, which he duly accepted. As both "participant and observer" Mr Mason has written a "view from the inside" of what he describes as "a fascinating and exhaustive process".

7 October 2010

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Senior counsel appointments for 2010

Thu Oct 07 2010

I am pleased to announce that the following applicants have been appointed senior counsel for 2010. The successful applicants, in order of seniority, are:

Mr Peter Mark MORRIS Mr Anthony James BLACK Mr Phillip Gerard INGRAM Mr Garry William MCGRATH Mr Stephen Scott HANLEY Mr Geoffrey Thomas JOHNSON Mr Gregory CURTIN Mr Eric William Heales WILSON Mr Richard Malcolm SCHONELL Ms Sandra Anne DUGGAN Mr Peter Sidney BRAHAM Mr Andrew Phillip COLEMAN Mr Murugan THANGARAJ Ms Patricia Emily MCDONALD Ms Elizabeth Ann COLLINS Mr Adam Andrew HATCHER Mr Hament Kumar DHANJI Ms Gail Barton FURNESS Mr Richard Austin CAVANAGH Mr Geoffrey Ross KENNETT
Tom Bathurst QC President
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�Related information
�Biographies of senior counsel appointees
�Statistics on senior counsel applications
�Senior Counsel Protocol
�Media release
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�7 October 2010

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Senior counsel for 2010 will be announced today

Thu Oct 07 2010

The appointment of senior counsel for 2010 will be announced at 1.30pm today, Thursday, 7 October 2010. A copy of the president’s announcement will be e-mailed to all members and clerks and posted both on the Bar Association’s notice board and webpage (www.nswbar.asn.au).

7 October 2010

Legislation to note: amendments to the Uniform Civil Procedure Rules 2005

Wed Oct 06 2010

The Uniform Rules Committee has approved Uniform Civil Procedure Rules (Amendment No 37) 2010. The object of these rules, as provided by the explanatory note, is to update the Uniform Civil Procedure Rules 2005 relating to commercial arbitration as a result of the commencement of the Commercial Arbitration Act 2010, which replaces the Commercial Arbitration Act 1984. The Rules commenced today, 6 October 2010.

6 October 2010

Nominations for 2011 Bar Council

Wed Oct 06 2010

Members are reminded that nominations for the 2011 Bar Council must be received by the returning officer by 4.00pm on Monday, 18 October 2010. Nomination forms have been posted to all members. The form is also available from the Bar Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail reception@nswbar.asn.au).

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer.� A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact Ms Corinne Brown at the Bar Association on ph 9229 1754, or e-mail cbrown@nswbar.asn.au.

P A Selth Executive Director & Returning Officer

6 October 2010

Applications invited for the Gaire Blunt Scholarship

Tue Oct 05 2010

The Gaire Blunt scholarship is offered by the Business Law Section of the Law Council of Australia. It was first awarded in 2008 and commemorates Gaire Blunt who was a leading competition law practitioner and a partner at Allen Allen & Hemsley (now Allens Arthur Robinson) from 1970 to 2005. This scholarship recognises that Gaire played a central role in developing and mentoring the careers of many young lawyers and was always concerned to ensure that he gave younger lawyers the opportunity to demonstrate and develop their talents. Applications must be submitted on an official application form obtained from the administrator of the Business Law Section (e-mail: Carol.Osullivan@lawcouncil.asn.au Phone: 07-5450 1127).�

5 October 2010

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Upcoming seminars from Legalwise (ADVERTISEMENT)

Tue Oct 05 2010

Join experts from different areas of law to discuss a variety of topical seminars this November. Events include contaminated sites, statutory interpretation, retail and commercial leasing, consumer law, workplace sexual harassment and more. The seminars include:

Venue: Hilton Sydney, 488 George Street, Sydney� Contact: Legalwise Seminars on ph: 02 9387 8133 fax: 02 9387 8711 e-mail: info@legalwiseseminars.com.au

5 October 2010

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The Janet Coombs Lunch for New Female Barristers

Tue Oct 05 2010

The Women Lawyers Association of NSW and the Women Barristers Forum invite members of the NSW Bar Association to join them at a luncheon to welcome new women readers on Friday 22 October 2010, 12.45pm-2.00pm at the Buena Vista Caf� & Bar, Level 14, Law Courts Building, Queens Square. Please register your attendance by contacting Kathryn McKenzie at executive@womenlawyersnsw.org.au.

13 October 2010

Tony McAvoy - Inaugural Indigenous Legal Professional of the Year

Fri Oct 01 2010

Attorney-General Robert McClelland today awarded Tony McAvoy of the New South Wales Bar the inaugural Indigenous Legal Professional of the Year. In his press release the Attorney recognised Tony's work in many roles including solicitor, policy officer and barrister, to advocate on behalf of Indigenous Australians.

1 October 2010

The Diversity Debate - Wednesday 20 October 2010 12.15pm

Fri Oct 01 2010

The Women Lawyers Association of NSW invite you to a panel discussion on the under representation of women in Australian leadership. Come and hear the panel debate this hot topic, and engage in the discussion about the issues, the recent ASX initiatives and recommendations, and avenues for achieving genuine diversity in senior positions, from boards, to partnership, the bar and the bench.

The Diversity Debate will be held at the Union**, University & Schools Club of Sydney, 25 Bent Street, Sydney from 12.30-2pm on Wednesday 20 October**. The speakers panel will comprise the Hon Justice Julie Ward of theSupreme Court of NSW, Gabrielle Upton, Legal Counsel, Australia Institute of Company Directors & Liberal Candidate for the State Seat of Vaucluse and Claire Braund, Executive Director, Women On Boards. The discussion will be moderated by Chris Merritt, Legal Affairs Editor, The Australian. For more information and registration details, see the flyer.

12 October 2010** **

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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