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Retirement of the Hon Justice Peter Rose

Mon May 30 2011

To mark the retirement of the Hon Justice Peter Rose, a special sitting of the Family Court will be held in the Lionel Bowen Building, 97-99 Goulburn Street, Sydney, Level 7 at 4.30pm on Friday, 1 July 2011. John Lloyd SC will speak on behalf of the New South Wales Bar.

17 June 2011

Final reminder for comment on Commonwealth provisions of new model WHS bill

Mon May 30 2011

Commonwealth, state and territory governments have agreed to harmonise occupational health and safety arrangements by December 2011 through the implementation of a model Act and Regulations. The Department of Education, Employment and Workplace Relations has invited comment on the Commonwealth specific provisions of the Commonwealth Work Health and Safety Bill, which will be implemented from 1 January 2012. To submit comments and suggestions please email: CthWHSConsultations@deewr.gov.au by COB 17 June 2011.�

8 June 2011

Wanted: judges for the ALSA National Witness Examination Competition

Mon May 30 2011

The Australian Law Students' Association Conference is currently looking for judges for the National Witness Examination Competition. Witness Examination simulates a criminal or civil trial in which competitors aim to display their advocacy skills. This year the competition will be held at the University of New South Wales in Kensington at the following times:9 July 10:00am – 12 noon; 9 July 3:00pm – 5:00pm; 10 July 10:00am – 12 noon; and 10 July 3:00pm – 5:00pm. If you are interested in volunteering or would like more information, please contact Stephanie at stephanie.lee@alsaconference.com.au

30 May 2011

Vale Nicholas Anthony Packham (1932-2011)

Mon May 30 2011

Nicholas Anthony Packham, formerly a barrister at 6 Selborne Chambers, died on 25 May 2011. A funeral will be held at� 2.00 pm on Wednesday, 1 June 2011 at St Johns College Chapel, University of Sydney. A wake following the service will be held in the Brennan Hall at St Johns College (entry from gates at Parramatta Road).�

30 May 2011

Law Council welcomes Reconciliation Week

Fri May 27 2011

The Law Council of Australia today welcomed the start of National Reconciliation Week and reiterated its support for the recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution. Learn more>

27 May 2011

City to Surf - early bird entries close 1 June 2011

Fri May 27 2011

Entries are now open for the world’s largest run, The Sun-Herald City2Surf, held on Sunday, August 14.� Whether you’re a serious runner, jogger, walker, pusher or want to join in for the first time, don’t miss your chance to be part of Sydney’s favourite sporting event. The Health, Sport & Recreation committee encourages you to join the NSW Bar Association team.� Please go http://www.city2surf.com.au/ and click ‘enter now’ and ‘search for an existing team’.� The team is called NSW Bar Association and the password is citytosurf2011.� The early bird rate of $55 is available until 1 June 2011.� After that date entry prices increase to $65 until race capacity is reached.

If you do not already have a NSW Bar Association T-Shirt or singlet and would like one, please email Jaimee Dinihan at jdinihan@nsw.asn.au by C.O.B. June 14 2011.

Please specify:

1. whether you want the standard NSW Bar Association logo or the fun version that says ‘Running without Briefs’;

2. whether you want a T-Shirt or singlet; and

3. size (XS, S, M etc – male sizing).

27 May 2011

AG tables judicial commission report in relation to Magistrate Jennifer Betts

Thu May 26 2011

Attorney General Greg Smith SC has issued a statement in the Legislative Assembly and tabled a report from the Conduct Division of the Judicial Commission of New South Wales relating to the conduct of Magistrate Jennifer Betts. The complaints were made between 2003 and 2009.� Three of the complaints related to conduct that calls into question the impartiality of the magistrate and her capacity to discharge the functions of a member of the judiciary to afford a fair, dispassionate and impartial hearing to litigants. The Conduct Division's report, together with five appendices, is available from the Judicial Commission's website.

26 May 2011

NSW Government publishes its views on the National Disability Insurance Scheme

Thu May 26 2011

The New South Wales Government has published its response to the draft report from the Productivity Commission into Disability Care and Support. The O‟Farrell government says it supports the NDIS and will campaign for the Hunter region to be the location for a pilot program leading into the scheme. The final report of the Productivity Commission‟s Inquiry into Disability Care and Support will be presented to the Federal Government on the 31 July 2011.

26 May 2011

TONIGHT: Family Law Advocacy - Cross Examination of Lay and Expert Witnesses

Thu May 26 2011

This is the second seminar drawn from the very well received Family Law Advocacy series held in 2009. Tonight's session will be presented by Chester A. Porter QC and the Hon Justice Peter Rose will provide comment. The session will be chaired by the Hon Justice David Collier. For full details, please refer to the flyer. Please note the venue for this event is the Parramatta Registry of the Family Court of Australia.

26 May 2011

New appointment to the Supreme Court of New South Wales

Wed May 25 2011

Ashley John Black, a partner at Mallesons Stephen Jacques, has been appointed as a judge of the Supreme Court of New South Wales, effective 4 July 2011. Details of the swearing-in will be provided closer to the date.

25 May 2011

You're invited to the launch of the Asprey Law Library Collection

Wed May 25 2011

Professor Gillian Triggs, Dean of the Sydney Law School, invites you to attend a cocktail reception and launch of the Asprey Collection at the Sydney Law School at 6.00pm on Tuesday, 21 June. The Hon Sir Anthony Mason, who read with Justice Asprey on his admission to the bar, will launch the collection with some memories of the judge.

The Honourable Kenneth William Asprey QC CMG (1905 – 1993) was widely regarded as a leader of the NSW Bar. He was a noted mentor of young barristers, greatly admired by them and by his peers. He was a justice of the inaugural NSW Court of Appeal, and a companion of the Order of St Michael and St George was awarded to him in recognition of his services to the law. He also chaired a committee on taxation review, and the resulting report was widely influential and has been frequently referred to in very recent times.

Donated by Sally Stitt, Justice Asprey’s daughter, and husband Robert Stitt QC, the collection is a celebration of Justice Asprey’s love for the law. The collection features a comprehensive library of English and Australian law journals, reports and textbooks, with some reports dating back to the early days of the Colony. Many of the journals contain detailed annotations.

Date: Tuesday 21 June 2011 Time: 6-7.30pm Faculty Common Room, Level 4 Sydney Law School Eastern Avenue, The University of Sydney

RSVP by Thursday 9 June to: Events Coordinator Email: law.events@sydney.edu.au Tel: +61 2 9351 0238

25 May 2011

Sponsor Greg Curtin SC in the CEO Sleepout

Wed May 25 2011

Greg Curtin SC will take part in the 2011 Vinnies CEO Sleepout on Thursday, 16 June. The aim of the event is to raise money for the Vinnies homeless services through sponsorship of business leaders, who will experience homelessness first-hand for one night. Greg has written a letter to members of the bar appealing for their support.

10 June 2011

Letter to the editor of the Sydney Morning Herald

Wed May 25 2011

On Monday, 23 May, Paul Sheehan wrote an opinion piece in the Sydney Morning Herald, regarding the role of the Industrial Commission of New South Wales. John Agius SC responded to the article with a letter to the editor, which was not published. That letter is reproduced below.

Dear Editor,

Paul Sheehan perpetuated� a myth when he wrote today that the “occupational health and safety legal system” in New South Wales, “operates under a presumption of guilt by employers and innocence by employees”. The Occupational Health and Safety Act 2000 creates no presumption of guilt against employers. The Act requires employers to ensure health and safety. The High Court and the New South Wales Court of Appeal have upheld the jurisprudence developed and laid down by the Industrial Court of NSW. Whilst the offences are of strict liability (and this is not uncommon in areas of law where public health and safety are concerned) the prosecution is still required to prove causation, that is, that the actions of, or more often, the failure to act by, an employer contributed to the risk to health and safety alleged. In addition� the legislation provides employers with a statutory defence: In short if an employer can prove on the balance of probabilities that it was not reasonably practicable to comply with the legislation or that the offence was caused by events over which it lacked control and against the happening of which it was not practicable to make provision then it is not guilty of the offence.

I am all in favour of a debate about the efficacy of Occupational Health and Safety law in New South Wales and its application by the Industrial Court, however, we need to have the facts correct to start with.

Yours faithfully, John Agius SC

26 May 2011

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

Wed May 25 2011

The following cases will be published in a forthcoming volume of NSWLR: Insurance Australia Ltd t/as NRMA Insurance v Checchia [2011] NSWCA 101 Graymarshall Pty Ltd v Director-General of the Department of Environment, Climate Change and Water [2010] NSWLEC 54 Director of Public Prosecutions (NSW) v Weinstein [2010] NSWSC 1123

Fairbairn v Varvaressos [2010] NSWCA 234 EK v The Queen [2010] NSWCCA 199

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

25 May 2011

2011 NSW Women Lawyers Achievement Awards

Tue May 24 2011

Women Lawyers’ Association of NSW Inc invites members to the official launch of the 2011 NSW Women Lawyers Achievement Awards, to be held on Wednesday, 1 June 2011 at 5.30-7.30pm, at the Union, University & Schools Club of Sydney, 25 Bent St. Learn more>

24 May 2011

Victorian Government reconfirms commitment to a National Disability Insurance Scheme

Tue May 24 2011

The Victorian Government today released its submission in response to the Productivity Commission’s Draft Report on Disability Care and Support and reconfirmed its commitment to the development of a National Disability Insurance Scheme (NDIS). "The Victorian Coalition Government agrees with the commission’s view that the provision of disability services in Australia is 'underfunded, unfair, fragmented and inefficient’," Minister for Community Services Mary Wooldridge said.

24 May 2011

Practising Certificate Renewals Update Number 4

Tue May 24 2011

There is only one more week to renew your practising certificate by the due date - Tuesday, 7 June 2011. All New South Wales barristers' practising certificates expire on 30 June 2011. A new practising certificate has to have been ISSUED before a barrister may practise on and from 1 July 2011. Learn more >

31 May 2011

Lifetime Care & Support Authority newsletter

Tue May 24 2011

The Lifetime Care & Support Authority publishes a newsletter, LTCS E-News. Issue 55 is now available and has articles on: changes to the authority's payment codes for services, the LTCS workshops in� Albury and Orange, Spinal Cord Injury and Red Flag management workshop, LTCS staff recruitment and more.

24 May 2011

15 Bobber for the Hon Justice Alan Robertson

Tue May 24 2011

The 15 Bobber to celebrate the appointment of the Hon Justice Alan Robertson to the Federal Court of Australia will�be held on Friday, 5 August 2011. Speaking for Justice Robertson will be Tony Meagher SC. The 15 Bobber will commence at 5.30pm with the speeches beginning at 5.45pm. Pre-registration is $15 and MUST be received by the association by 3.00pm Thursday, 4 August. Reservations made after this time and at the door will be $25. Download a registration form and return it with payment to Katie Hall at the New South Wales Bar Association, DX 1204 SYDNEY or fax 9221 1149. Please contact Katie Hall on ph (02) 9229 1720 if you have any questions regarding the 15 Bobber.

1 August 2011

TONIGHT: Cross Examination of Lay Witness

Tue May 24 2011

Tonight the Hon Justice Harrison and Robert Stitt QC will present a CPD seminar on ‘Cross Examination of Lay Witness'. The seminar will be held at Banco Court and will be of particular interest to those participating in the Cross Examination Workshop. However, other barristers are very welcome to attend. Follow the brochure link for further information.

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24 May 2011

The Bar Knit Group - first meeting this week

Mon May 23 2011

The Health Sport and Recration Committee invites you to the first meeting of the Bar Knit Group.� It will be held at the Bar Library on Thursday, 26 May 2011 at 6.00pm. Please bring your current projects or come prepared to knit squares or beanies for charity. Needles and wool will be provided for absolute beginners. There will also be refreshments.

23 May 2011

Authority to govern and limits of state power in Western culture (ADVERTISEMENT)

Mon May 23 2011

Members are invited to the final talk in the "Living Under Two Laws At Once " series exploring Western culture's desire to challenge the status quo and have an open and diverse society. Thursday 26 May's talk entitled "You would have no authority over me unless it were given you from above" will explore authority of those who rule in Western societies and the limits to obedience to civil law. Unlike totalitarian regimes, the West recognises that there is a limit to the State’s power -- the Western mindset upholds people who defy the government in an honourable cause. A citizen would rather be punished by the State than compromise his or her own principles. This is the start the concept of “freedom of conscience” against a State’s law. Edwin Judge will examine both classical and biblical sources. His previous series at CBF Legal was very popular with both lawyers and judges.

Emeritus Prof Edwin Judge AM of Macquarie University is one of the leading academic figures in Australia. Professor Judge will speak at the Thursday 26 May breakfast at Silks Coffee Lounge (upper rear section), 170 Phillip St (next to Selborne Chambers). �

Breakfast from 7:20am, (at own cost), please order by 7.25am –�� talk commences� 7:40am, conclude 8:20am. No need to pre-register.

Attendance at each talk will attract 0.5 points under the Continuing Professional Development Programme

See the flyer for the series.

For more detail see: http://www.citybibleforum.org/sydney-legal

For more information, contact: Peter.Kaldor@citybibleforum.org or Polly.Seidler@citybibleforum.org or 02 9232 8700.

23 May 2011