Annual John Marsden Lecture (ADVERTISEMENT)

Fri Sep 17 2010

NSW Council for Civil Liberties invites members to the annual John Marsden Lecture on Tuesday, 9 November, 2010 commencing at 6:30pm at the Grand Lodge Room, Sydney Masonic Centre, 66 Goulburn Street. Professor Jenni Millbank will speak on "Surrogacy, Reproductive Coalitions and Outsourcing Exploitation".

The lecture is named after John Marsden, who was a long serving President of the NSW Council for Civil Liberties, President of the NSW Law Society and champion of law reform for sexual minorities.

The event is free, however please RSVP to: or phone 02 92863767.

22 October 2010

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

Fri Sep 17 2010

The following cases will be published in a forthcoming volume of NSWLR: Richards v Cornford [2010] NSWCA 99 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Ace Woollahra Pty Ltd v The Owners – Strata Plan 61424 [2010] NSWCA 101

Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Jemena Gas Networks (NSW) Ltd v Mine Subsidence Board [2010] NSWCA 146

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

17 September 2010

2010 Pink Ribbon Breakfast

Fri Sep 17 2010

The NSW Bar Association Pink Ribbon Breakfast is returning in 2010, bigger and better than ever. The breakfast is on Friday, 15 October and will be held in Silks Coffee Lounge, 170 Phillip St, Sydney. The breakfast will run from 8.00-9.30am. There will be raffles and lucky door prizes so bring your friends for a morning of fun while supporting a great cause. [Download a registration form][1]. All are welcome. The [National Breast Cancer Foundation (NBCF)][2] is the leading community-funded national organisation in Australia raising money for research into prevention and cure of breast cancer. Research programs funded by the NBCF cover every aspect of breast cancer, from increasing understanding of genetics to providing better treatments and improving ways to support women and their families. The NBCF relies almost entirely on corporate and community support to continue its work. Fast facts

  • About 14,000 women and 106 men will be diagnosed with breast cancer this year.�
  • Almost 3,000 women will die from breast cancer in a single year – an average of seven women lose their lives every day. This makes it the second most common cause of cancer deaths in females, after lung cancer.
  • Despite the substantial loss of life, prospects for survival are better than ever. Over 96 per cent of women will survive at least one year after diagnosis, and 88 per cent will survive five years or more – a 15 per cent increase since the 1980s. This is because of excellent research.�
  • Since 1994, deaths from breast cancer have decreased by 27 per cent. (Source:Australian Institute of Health and Welfare (AIHW) & National Breast and Ovarian Cancer Centre (NBOCC) 2009. Breast Cancer in Australia: an overview, 2009. Cancer Series No. 50. Cat. No. CAN 46. Canberra: AIHW) For more information on the National Breast Cancer Foundation please [visit their web site][3]. [][4] If you would like to make a tax deductible donation to the National Breast Cancer Foundation (NBCF), please follow the link [ ][5]and donate on the NSW Bar Association team page. You can also donate directly to the NSW Bar Association and we can pass on your donation by cheque. Donation forms will be available at the breakfast. If you would like to donate any prizes for the breakfast or for any further details, please contact Katie Hall on 9229 1720 or at [][6] 6 October 2010 [1]: [2]: [3]: [4]: [5]: [6]:

NSW Government to legislate for permanent injecting room

Thu Sep 16 2010

The Premier has announced that� the NSW Government will remove the 'trial status' of the Medically Supervised Injecting Centre and formalise the facility. Legislation to be introduced during the current Parliamentary session will ensure continued stringent monitoring of the Centre and that it will remain the only legalised injecting centre in the State. See the Premier's press release.

16 September 2010

The Contribution of Women to Environmental Law in Australia - 29 September, 5.30pm

Thu Sep 16 2010

The Women Lawyers Association invites all members to an evening of networking with colleagues� to hear guest speaker� the Hon� Justice Rachel Pepper of the Land and Environment Court of NSW speak about the contribution of women to environmental law in Australia, at 5.30pm on Wednesday 29th September at Martin Place Chambers, Level 6, Reserve Bank Building, 65 Martin Place, Sydney. Learn more.

Light refreshments will be provided, there is no admission charge, but bookings are essential and should be made at

16 September 2010

Criminal Defence Lawyers Association Annual Dinner (ADVERTISEMENT)

Wed Sep 15 2010

The NSW Criminal Defence Lawyers Association cordially invites you to their Annual Dinner on Friday, 1 October at 6.30pm. The dinner will be held at Dockside, The Balcony level, Cockle Bay Wharf. Dinner and drinks cost $100 per person if paid by 23 September, thereafter $110 per person. To attend, simply fill in the registration form� and enclose a cheque (made payable to NSW Criminal Defence Lawyers Association for $100/$110 per person) and post it to: Sarah Bradley, Maurice Byers Chambers, DX 1070 Sydney / GPO Box 5405 Sydney NSW 2001.�

28 September 2010

Costs recovery restrictions under the UCPR

Tue Sep 14 2010

The attention of practitioners is drawn to recent amendments to the UCPR (Uniform Civil Procedure Rules (Amendment No 36) 2010) which introduce new restrictions on recovery of costs. The new rules introduce a two stage approach to the discretion to award costs where the amount recovered is less than the specified monetary amount.

The first stage requires the court to ask whether a costs order should be made in the plaintiff’s favour having regard to the “unless” criteria in the sub-rule (2) of both UCPR 42.34 and UCPR 42.35; and� if so, the second stage will require the court to consider what order for costs should be made.

The new rules do not limit the courts’ existing discretionary jurisdiction to make costs orders in all or in any case.

In relation to proceedings in the Supreme Court (UCPR 42.34), the effect of the “unless” criterion is akin to a presumption against the award of costs to the plaintiff where the amount recovered on judgment is less than $500,000, unless the successful plaintiff can satisfy the court the proceedings were properly commenced and thereafter maintained in the Supreme Court, rather than in the District Court. The new rules are likely to affect mainly common law claims, as equity claims may more readily satisfy the test.

In relation to proceedings in the District Court (UCPR 42.35), there will be a similar ‘presumption’ against the award of costs to the plaintiff where the amount recovered on judgment is less than $40,000, unless the successful plaintiff can satisfy the court the proceedings were properly commenced and thereafter maintained in the District Court, rather than in the Local Court.

14 September 2010

Web watch: piracy trials online

Tue Sep 14 2010

In June 2010 the Rotterdam District Court sentenced a group of Somali pirates to five years in prison for hijacking a cargo ship registered in the Netherlands Antilles. The five men were arrested by a Danish navy frigate. Piracy trials make rewarding reading for those interested in international law. The Law Library of Congress has digitised its collection of pre-1923 piracy trials. This historical collection is critical for understanding how pre-twentieth century piracy cases were tried.

14 September 2010

NSW Bar Football team overcomes all challengers

Mon Sep 13 2010

The New South Wales Bar team was rampant at the inaugural Tri-State Bar Football Competition, held on Saturday, 11 September at St Andrews Oval. The NSW Bar maintained its grip on the Suncorp Cup, having defeated the Victorian Bar for the third successive year. The team backed up for a convincing win over the Queensland Bar.

Match statistics:

NSW Bar 2 (Bedrossian, Stanton) def Vic Bar 1 (penalty) (Austin) NSW Bar 2 (Walker, Bedrossian) def Qld Bar 0 Vic Bar 5 (Lichakis [3], Connor [2]) def Qld Bar 0�

A full match report will be published in the Summer edition of Bar News.

13 September 2010

Barristers, Bonobos and charity in the Heart of Darkness

Mon Sep 13 2010

One of the many examples of philanthropy at the New South Wales Bar will be recognised tomorrow night on the ABCTV current affairs programme, Foreign Correspondent. In 2005, 2006 and 2009 the newly-appointed silks gave generously to the indigo foundation, which runs the Bonobo Health Clinic in the Democratic Republic of Congo's remote and impoverished region of Kokolopori. Members wishing to make a donation to the indigo foundation may do so via a secure web site, supported by Westpac. 13 September 2010

Vale Lord Bingham

Mon Sep 13 2010

Lord Thomas Bingham, former senior law lord of the United Kingdom, died at his home in Wales on Saturday, 11 September (local time). Lord Bingham visited Sydney in December 2008, when he delivered an address on "The Role of a Charter of Rights in Promoting Dignity, Fairness and Good Government" in recognition of the 60th Anniversary of the Universal Declaration of Human Rights.

Lord Bingham of Cornhill retired after eight years as senior law lord of the House of Lords in September 2008. Described recently by The Times as "the pre-eminent lawyer of his generation with a brilliant, incisive mind", Lord Bingham was a leading human rights jurist. His landmark rulings under the Human Rights Act 1998 (UK) and the European Convention on Human Rights have contributed significantly to promoting and protecting fundamental rights and freedoms and the rule of law in the UK and beyond.

Lord Bingham took silk in 1972.� He was appointed a judge of the High Court in 1980 and promoted to the Court of Appeal in 1986.� He became master of the rolls in 1992 and then lord chief justice of England and Wales in 1996.

13 September 2010

Crime (still) not out of control

Fri Sep 10 2010

The NSW Bureau of Crime Statistics and Research has published the June quarterly update of Recorded Crime Statistics. The report found that in the 24 months to June 2010, 12 of the 17 major categories of crime were stable and five were down. The five crimes that decreased across the state were: break and enter (dwelling)� down 6.0 per cent; break and enter (non-]dwelling) down 15.3 per cent; motor vehicle theft down 4.9 per cent; stealing from a motor vehicle down 9.7 per cent; and malicious damage to property down 9.7 per cent.

10 September 2010

@LCA: the newsletter of the Law Council

Fri Sep 10 2010

The August-September 2010 issue of the Law Council's newsletter, @theLCA, is now available online. This edition features stories on the federal election, asylum-seeker policy, the 3rd National Access to Justice and Pro Bono Conference and the new president of the Takeovers Panel. Download a copy of @LCA>

10 September 2010

Historic Bill introduced in Legislative Assembly

Thu Sep 09 2010

The Constitution Amendment (Recognition of Aboriginal People) Bill 2010 (NSW) was introduced into the Legislative Assembly yesterday, 8 September. The object of the Bill, as provided by the explanatory note, is to amend the Constitution Act 1902 (NSW) to declare that the parliament, on behalf of the people of New South Wales, acknowledges and honours the Aboriginal people as the state’s first people and nations, and recognises that Aboriginal people, as the traditional custodians and occupants of the land in New South Wales: have a spiritual, social, cultural and economic relationship with their traditional lands and waters; and have made and continue to make a unique and lasting contribution to the identity of the state. Read the 'agreement in principle' speeches.

9 September 2010

Appointment of two new magistrates

Thu Sep 09 2010

David Day and Caleb Franklin have been appointed as magistrates of the Local Court of New South Wales. They will be sworn in on 11 October 2010. In Brief will provide further details of the swearing-in ceremony when they become available. Learn more >

9 September 2010

The Sydney Juris Doctor (JD) (ADVERTISEMENT)

Thu Sep 09 2010

Sydney Law School is introducing a Juris Doctor (JD) as its graduate entry law degree from 2011. The Sydney JD will have an unrivalled international focus, where graduates will receive a comprehensive overview of the practice and profession of the law in Australia and how it relates globally, transnationally and internationally.

The Dean, Professor Gillian Triggs will deliver a presentation on the Sydney JD at the Graduate Options Expo on Wednesday, 22 September 2010 at 6.00pm in Law School Lecture Theatre 101, Eastern Avenue, Camperdown Campus, The University of Sydney.The presentation will be the highlight of the Graduate Expo, which runs from 3.00pm to 8.00pm.

For more information on the Sydney JD visit:

9 September 2010

Be part of the Great Bar Blood Drive

Thu Sep 09 2010

The Red Cross Blood Service's Elizabeth Street Donor Centre needs to collect more than 80 blood donations every day. The Health, Sport and Recreation Committee has organised a Blood Drive for Wednesday, 15 September 2010 between 8.00am-10.00am. Bring a friend or colleague to help boost the blood supply. Contact Cindy Penrose to make an appointment.

9 September 2010

Home detention under-used, says auditor-general

Wed Sep 08 2010

Auditor-General Peter Achterstraat today released his report on home detention in NSW. He found that home detention is "tough on offenders [and] cheaper than fulltime prison".

Paradoxically, though, the inquiry found that very few offenders in New South Wales receive such a sentence. In fact, the daily average number of people on home detention was 175, which represents a decline of 25 per cent since 2002-03.

8 September 2010

BOCSAR seminar: Respecting "Terrorists" in a Jury Trial

Tue Sep 07 2010

The Bureau of Crime Statistics and Research will host a seminar by Professor David Tait from the Justice Research Group, University of Western Sydney, on "Respecting 'terrorists' in a jury trial: how to humanise unpopular defendants". It will take place between 11am-midday, on Friday, 17 September 2010 in the Jury Assembly Room, Sydney West Trial Court, 6 George Street Parramatta.

Suspects charged with terrorism-related offences are increasingly coming before juries to decide on their cases.� What confidence can we have that juries, comprised almost entirely of people from different backgrounds to those of the accused, are likely to deal fairly with the evidence?� This paper uses data from a mock trial carried out in the NSW Supreme Court involving a terrorist scenario, together with information about the use of security cages in courtrooms in Australia and several European jurisdictions, and historical research about mixed juries.� It makes a case for changes to court layouts, jury selection and court processes that are likely to enhance the ability of jurors to view defendants in terrorism cases as fellow citizens.

David Tait, Ph.D. is a professor at the University of Western Sydney, where he heads the Justice Research Group. He is a criminologist and sociologist with a background in social statistics, guardianship and mental health, sentencing, jury research and urban sociology.� He currently leads four Australian Research Council-funded research projects on juries and interactive evidence, remote witness technologies in courts, court safety and security, and confidence in justice and the jury experience. He is co-ordinator of the Court of the Future Network, a group of architects, judges and scholars with an interest in court design and rituals.

Directions� � The Sydney West Trial Court is located at 6 George Street Parramatta, corner of George and Marsden Streets.� �

There are a number of paid parking options available in the area. Details can be found on the Parramatta Council website:\_and\_transport/car\_parks

RSVPs are essential - please email to or ring 02 9231 9190.

7 September 2010

The Boot and Bar Festival

Tue Sep 07 2010

The first Tri-State Bar Football Competition will take place tomorrow, 11 September 2010 from 1.00pm at St Andrews Oval, University of Sydney. Presentations will follow in the Grandstand Bar from 5.00pm to 6.30 pm with renowned supporter of The Beautiful Game, the Hon Justice Anna Katzmann, as the guest of honour.

10 September 2010

BOCSAR research finds no correlation between crime and Kings Cross injecting centre

Mon Sep 06 2010

The NSW Bureau of Crime Statistics and Research has published the results of its study into the incidence of robbery, property crime and drug offences in the vicinity of King Cross's Medically Supervised Injecting Centre (MSIC), which opened in May 2001. The report concluded that "no evidence was found that the MSIC has had a negative impact on robbery, property crime or drug offences in King Cross LAC". Learn more>

6 September 2010