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TONIGHT: The 2011 Forbes Lecture

Wed Nov 16 2011

This year’s Forbes Lecture will be held tonight in the Bar Association Common Room at 5.15 PM. The lecture will be presented by Associate Professor Shaunnagh Dorsett, with an introduction by Emeritus Professor Bruce Kercher and chaired by Bernard Coles QC.

Shaunnagh will be speaking on the topic “Adapting Law to the Circumstances of the Colony: The First Supreme Court Rules of New South Wales and New Zealand”. Early court rules were an important mechanism by which judges sought to adapt English law to the circumstances of their colony. The Lecture will focus on two elements in particular: initiating civil litigation and the relationship between law and equity in a colony with one superior court. For full details, download a flyer.

16 November 2011

WLA Golden Girls Annual Lunch

Tue Nov 15 2011

The Women Lawyers Association of NSW will hold its Golden Girls Annual Lunch on Friday 18 November 2011 at 12.30pm at the The Law Society of NSW, 170 Phillip Street, Sydney.�Join�them at the recently refurbished function facilities at the Law Society of NSW for a "high tea" luncheon.�The annual luncheon provides an opportunity for retired colleagues and Life Members to reconnect and impart their knowledge and experience to others.

Please ensure you register�so as to�ensure adequate seating and catering. Please click here for details and registration form or contact Kathryn McKenzie, executive officer at the Women Lawyers Association of NSW Inc. PO Box R1120 Royal Exchange NSW 1225 Ph: 0466 157 087 Fax: 1300 332 183 Email: executive@womenlawyersnsw.org.au

15 November 2011

Papers to note: AAT guidelines

Mon Nov 14 2011

On 9 November the president of the Administrative Appeals Tribunal, the Hon Justice Garry Downes AM, issued Guidelines for Persons Giving Evidence and Opinion Evidence and�Guidelines for the Use of Concurrent Evidence in the Administrative Appeals Tribunal. Both guidelines apply to current and new proceedings from 9 November 2011. The nature and extent of their application to a current proceeding will depend on the stage that the proceeding has reached. For example, there is no expectation that the Guidelines for Persons Giving Evidence and Opinion Evidence would apply in their entirety to a proceeding that has already been listed for a hearing. The guidelines are available from the Tribunal’s registries and from its web site at http://www.aat.gov.au/LawAndPractice/PracticeDirectionsAndGuides.htm

14 November 2011

Mon Nov 14 2011

Weekly notification of instruments officially notified and other legislative events for week beginning 7 November 2011 is attached.

New Bills feature - Legislation Website

NSW Bills (including Explanatory notes and Consultation drafts) are now available on the NSW legislation website. This is a collection of Bills at all stages of the Parliamentary process (eg First Print, Second Print, Passed by both Houses), of Explanatory notes for Bills as introduced into Parliament and of Consultation drafts of Bills publicly released before introduction. The collection includes all Bills introduced from 2007 onwards. These are static PDF documents and form a permanent archive.

This material will be constantly updated and the addition of new Bills, and updates to Bill information and PDF versions, will usually be completed within 3 days of the relevant Parliamentary event.

This publication is compiled by the NSW Parliamentary Counsel's Office and emailed to subscribers on Friday afternoon of the week in question.

For current and direct access to notified instruments and other legislative events please check the Notification page of the NSW legislation website.

To create a shortcut to the main Notification page use this URL http://www.legislation.nsw.gov.au/maintop/epub

Volunteering for the Benjamin Andrew Footpath Library

Mon Nov 14 2011

The Benjamin Andrew Footpath Library has allocated one Saturday every second month to Clayton Utz and the NSW Bar� to attend the storage unit at Kennard's Storage in Brookvale.� A combination of 4 volunteers will be required for each session.� Our next volunteering opportunity is on Saturday, 10 December at 1pm and we are asked to send two volunteers.� Here you will spend a couple of hours packing books for various hostels in New South Wales based on it's demographics.� If you wish to register for the session, please email Lisa Allen at library@nswbar.asn.au to register your interest.

Should you have any questions please do not hesitate to contact Lisa Allen at The Bar Association Library.

14 November 2011

This week in CPD

Mon Nov 14 2011

**WEDNESDAY 16 November - The Forbes Lecture 2011

**This year’s Forbes Lecture will be presented by Associate Professor Shaunnagh Dorsett. Shaunnagh’s topic is “Adapting Law to the Circumstances of the Colony: The First Supreme Court Rules of New South Wales and New Zealand”.� Early court rules were an important mechanism by which judges sought to adapt English law to the circumstances of their colony.� The Lecture will focus on two elements in particular: initiating civil litigation and the relationship between law and equity in a colony with one superior court. For full details, please download a flyer.

THURSDAY 17 November - Sarah Keys MVO

This seminar, presented by Sarah Keys MVO, will focus on the effect of a sedentary life and its impact on the spine and what can be done to help. The seminar has been arranged by the Health Sport and Recreation Committee and will be chaired by Zali Steggall OAM. For full details, please download a flyer.

14 November 2011

The Paul Byrne Lecture

Mon Nov 14 2011

Members are invited to the Paul Byrne Lecture, to be held�on�Monday, 28 November 2011 at 6-7.30pm. This lecture, dedicated to the late Paul Byrne in honour of his life long work and contributions to criminal law and the criminal justice system, will be delivered by the Honourable Michael Kirby AC CMG.

Paul Byrne SC (1950-2009), was a former Director of the Criminal Law Review Division and a Commissioner of the New South Wales Law Reform Commission. He had an outstanding career as an advocate, taking on the toughest cases, in courts at all levels, with a deep sense of responsibility and the utmost commitment to justice and fair process.

The Paul Byrne Memorial Fund has been set up to honour and continue Paul’s interest in the criminal justice system. Gifts to The Paul Byrne Memorial Fund will support the activities of the Sydney Institute of Criminology and other activities in the field of criminal law and criminology at Sydney Law School, in memory of the late Paul Byrne SC.

Venue: Foyer, level 2, Sydney Law School (F10), Eastern Avenue, The University of Sydney

Cost: free, registration essential

Click here to register and for further information.

MCLE/CPD points: 1.5

This is event is presented by the Sydney Institute of Criminology

14 November 2011

Amended and new forms under the Uniform Civil Procedure Rules 2005

Fri Nov 11 2011

The Uniform Rules Committee has approved the following amended and new forms under the Uniform Civil Procedure Rules 2005.

Changes to approved Forms 3A and 3B

A minor amendment to the Statement of Claim forms to include the contact email details of the plaintiff (or his or her legal representative) if applicable, has been approved. There are no other amendments to these forms.

New Form 26A - Subpoena to produce with subpoena notice and declaration, and new Form 27A - Subpoena to give evidence and produce with subpoena notice and declaration

Two new forms to replace Form 26 (Subpoena to produce), Form 27 (Subpoena to give evidence and produce) and Form 28 (Subpoena notice and declaration) have been approved. The new forms incorporate the subpoena forms and notice and declaration forms so that only one document needs to be served, and only one document need to be produced by the addressee with the subpoenaed documents. The new forms include the declaration by the subpoena recipient, and the proposed access orders (if applicable). The notice to the recipient section has been updated to reflect recent amendments to rule 33.6 (7), and the notes section has been updated to include information that previously only appeared on the subpoena notice and declaration form.

The new and amended forms have been published on the UCPR website. Forms 26, 27 and 28, which are no longer applicable, have been removed.

11 November 2011

President

Fri Nov 11 2011

Last night the President of the New South Wales Bar Association, Bernard Coles QC, hosted a function in the Bar Common Room to recognise the work done by the New South Wales Bar for the various legal assistance schemes administered by the NSW Bar Association. In the course of his welcome speech, the President praised the efforts of the Bar in providing access to justice for those less fortunate members of our community. Read the President's speech

11 November 2011

Papers to note: NSWLRC report on compensation to relatives in dust diseases cases

Thu Nov 10 2011

Attorney General Greg Smtih�has tabled the NSW�Law Reform Commission’s report on compensation to relatives in dust diseases cases. The report makes recommendations to achieve fairness for the families of deceased dust diseases victims who may be disadvantaged by the existing law when the victims die before completing their actions for damages. View the report>

10 November 2011

Appointments to the Police Integrity Commission

Thu Nov 10 2011

NSW Premier Barry O’Farrell today announced the Hon Justice Bruce James QC as the�next commissioner of the Police Integrity Commission, and the Hon David Kirby QC as inspector of the Police Integrity Commission. Learn more>

10 November 2011

Appointments to note

Thu Nov 10 2011

David James Freeman has been appointed as an acting judge of the District Court of New South Wales for the period commencing on 10 November 2011 and expiring on 30 June 2012.

In addition, the following persons have been appointed or reappointed, beginning on the date shown and�expiring on 29 February 2012.

Peter Dwyer was appointed as a deputy chairperson of the Dental Tribunal of New South Wales (9 November 2011).

Phillipa Jane Gormly�is reappointed as a deputy chairperson of the Physiotherapy Tribunal of New South Wales and a deputy chairperson of the Psychology Tribunal of New South Wales. (1 December 2011)

Thomas Joseph Kelly�is reapointed as a deputy chairperson of the Dental Tribunal of New South Wales and a deputy chairperson of the Nursing and Midwifery Tribunal of New South Wales. (9 November 2011).

Joanne Emily Muller is reappointed as chairperson of the Dental Tribunal of New South Wales (9 November 2011), chairperson of the Physiotherapy Tribunal of New South Wales (1 December 2011), chairperson of the Podiatry Tribunal of New South Wales (7 February 2012), chairperson of the Psychology Tribunal of New South Wales�(1 December 2011)�and a deputy chairperson of the Nursing and Midwifery Tribunal of New South Wales�(9 November 2011).

Nicholas Kevin Francis O’Neill is reappointed as chairperson of the Nursing and Midwifery Tribunal of New South Wales (9 November 2011). .

Kim Bolster Ross is reappointed as a deputy chairperson of the Nursing and Midwifery Tribunal of New South Wales (9 November 2011)�and a deputy chairperson of the Podiatry Tribunal of New South Wales (7 February 2012).

Cedric Bohrsmann Vass is reappointed�as a deputy chairperson of the Nursing and Midwifery Tribunal of New South Wales (9 November 2011), a deputy chairperson of the Physiotherapy Tribunal of New South Wales (1 December 2011)�and a deputy chairperson of the Psychology Tribunal of New South Wales (1 December 2011).

10 November 2011

NSW Legislation subscription services to cease

Thu Nov 10 2011

The NSW Parliamentary Counsel's Service has announced that�its subscription service for paper copies of legislation and information publications will cease at the end of 2011. The annual bound Acts will continue. Learn more>

10 November 2011

Australian Academy of Forensic Sciences conference

Thu Nov 10 2011

The Australian Academy of Forensic Sciences will hold�its conference, “Impressions & Expressions: Expert Evidence in Reports & Courts”, on 3-4 December 2011 in Sydney. This conference brings together a wide range of speakers drawn from experts in the law, medicine and science to explore current issues about forensic expert evidence in reports and courts. The conference follows the judgement in an English Court of Appeal, RvT (RvT [2010] EWCA Crim 2439) and its potential implications for the use of a Bayesian statistical approach to the interpretation of forensic evidence and its use in expert evidence. The scope of this conference is intentionally broader than a consideration of the implications of this appeal judgement. The conference is organised into four mains sessions. These four sessions will explore the topic from the perspective of the law, science and medicine and more specific consideration of making sense of impressions and expressions through practice and research perspectives. The conference will close with a view to the future. For further information please visit web site: http://forensicacademy.org/site/

15 November 2011

Next Week in CPD

Thu Nov 10 2011

WEDNESDAY 16 November - The Forbes Lecture 2011

This year’s Forbes Lecture will be presented by Associate Professor Shaunnagh Dorsett. Shaunnagh’s topic is “Adapting Law to the Circumstances of the Colony: The First Supreme Court Rules of New South Wales and New Zealand”.� Early court rules were an important mechanism by which judges sought to adapt English law to the circumstances of their colony.� The Lecture will focus on two elements in particular: initiating civil litigation and the relationship between law and equity in a colony with one superior court.

**THURSDAY 17 November - Sarah Keys MVO

**This seminar, presented by Sarah Keys MVO, will focus on the effect of a sedentary life and its impact on the spine and what can be done to help. The seminar has been arranged by the Health Sport and Recreation Committee and will be chaired by Zali Steggall OAM. For full details, please download a flyer.�

10 November 2011

NSW Government announces therapeutic justice measures

Wed Nov 09 2011

Attorney General Greg Smith SC has announced that the government will set up a second drug court in Sydney and establish 300 beds for the treatment of drug-addicted prisoners. Mr Smith said the John Morony Correctional Complex at Berkshire Park, in Sydney’s north-west, would run the rehabilitation program - beginning�in stages from next February.

9 November 2011

Victoria set to amend double jeopardy

Tue Nov 08 2011

The Victorian Government is set to introduce legislation to reform the law of double jeopardy. The new law will apply in cases such as where there is fresh and compelling DNA evidence, where the person acquitted subsequently admits to the crime, or where it becomes clear that key witnesses have given false evidence.

8 November 2011

Bar Council election and annual general meeting

Tue Nov 08 2011

The ballot for Bar Council elections closes at 1.00pm on Friday 11 November 2012. The Bar Association's annual general meeting will be held at 1.00pm in the Common Room.

Ballot papers for the election of the 2012 Bar Council have been mailed to all those eligible to vote. Any member who has not received their ballot paper and who wishes to cast a vote should contact the Association’s Certification Officer, Mr Barrie Anthony, on ph. 9232 4055 or e-mail certification@nswbar.asn.au

Members should take care to complete the ballot paper in accordance with the instructions provided.� If any member has a query concerning the completion of the ballot paper they should contact the Bar Association for assistance.

P.A. Selth Executive Director & Returning Officer

8 November 2011

Farewell dinner for Magistrate Tony Marsden

Tue Nov 08 2011

Members are invited to a dinner to farewell from the bench his Honour Magistrate Tony Marsden, at the Port Bar Restaurant in Parramatta, on�Wednesday, 21 December 2011 at 7.00pm. Learn more>

30�November 2011

Next meeting of the Legal History Discussion Group

Mon Nov 07 2011

All members are invited to attend this evening's meeting of the Legal History Discussion Group at 5.30pm to 7pm in the Bar Association Common Room.�John McLaughlin will be making a presentation on Irish lawyers in Colonial Australia.

8 November 2011

Reforming Australian charity law (ADVERTISEMENT)

Mon Nov 07 2011

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Anne Robinson TEP FAICD solicitor director, Prolegis Lawyers and John King, Prolegis Lawyers, on "Protecting the golden egg or killing the goose? Reforming Australia's charity law". The discussion will take place on Wednesday, 16 November 2011 at 5.30pm sharp in Court 8D of the Supreme Court, L8 Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer>

14�November 2011