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Farewell dinner for Judge John O

Fri Nov 04 2011

The organisers of the farewell dinner at the American Club to mark the retirement of his Honour Judge John O’Meally AM RFD have requested that anyone with tickets for the event who is unable to attend contact Wendy Strathdee or Lorna McFee,�as the event is fully booked and there are a number of people on the waiting list.

4 November 2011

Insights into Coronial Law and Practice (ADVERTISEMENT)

Fri Nov 04 2011

The College of Law will conduct a seminar on Insights into Coronial Law and Practice, on Thursday 17 November 2011 between 9.00am to 12.15pm. This seminar aims to offer guidance when operating in the unique coronial jurisdiction. You will gain valuable insights and knowledge into coronial law and practice, presented from the perspectives of the State Coroner, forensic pathologist and instructing solicitor/advocate. Click here for more.

9�November 2011

Pink and Blue Ribbon Breakfast 2011

Fri Nov 04 2011

Thank you to all those who attended our Pink and Blue Ribbon Breakfast last Friday! The breakfast raised over $1,500 for both the National Breast Cancer Foundation and the Prostate Cancer Foundation of Australia.

Congratulations to all those who participated in the activities, whether or not they won prizes and an extra special thanks to the sponsors who donated the morning’s prizes including; Photographer Thomas Gallane, Galileo Fitness, Elixr Health Clubs, Personal Trainer Alan Peacock, Headquarters Fitness, Silks Caf�, Farage Clothing Store, Pressing Matters� and Whispering Brook vineyards.

The National Breast Cancer Foundation (NBCF) 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.

The Prostate Cancer Foundation of Australia (PCFA) is the peak national body for prostate cancer in Australia. The PCFA focuses on funding innovative research, support, information and advocacy for men with prostate cancer and raising awareness across the community. PCFA operates over 100 supports groups Australia wide who provide support and advocacy, via the phone or face to face to men and their families affected by prostate cancer. These groups meet regularly and provide a meeting forum for the exchange of experiences, ideas and news as well as an invaluable support network.

Though the breakfast has been and gone, donations are still being accepted. If you would still like to make a direct donation to the National Breast Cancer Foundation’s Pink Ribbon Day, please�click here�

If you would like to make a direct donation to the Prostate Cancer Foundation of Australia’s Blue Ribbon Appeal, please follow this link and use the reference NSW-11-74 -�

4 November 2011

Bar Council business for 27 October 2011

Fri Nov 04 2011

Bar Council held�its meeting on Thursday, 27 October 2011 in the Boardroom of the New South Wales Bar Association at 4.30 pm. Matters reported�elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted in this summary. Any member interested in a particular matter should contact the executive director for further information.�View the minutes>

4 November 2011

Advanced Trial Advocacy Training Course 2012

Thu Nov 03 2011

The president of the Australian Bar Association, Michael Stewart SC, has written an open letter inviting members to enrol in the�Advanced Trial Advocacy Course, to be held in Melbourne between 22 and 27 January 2012.

3 November 2011

NSW Government overhauls police disability scheme

Thu Nov 03 2011

Minister for Police and Emergency Services Michael Gallacher today announced the NSW�Government will introduce legislation to overhaul the Police Death and Disability Scheme.� He said the current scheme encouraged officers to take lump sum payouts and leave the Police Force – rather than being rehabilitated. Learn more>

3 November 2011

Next meeting of the Bar Book Club

Thu Nov 03 2011

The next meeting of the Bar Book Club will be on Tuesday, 6 December at 6pm in the Bar Library and the book to be reading is Harry Curry: Counsel of Choice, by Stuart Littlemore QC.

28�November 2011

Appointments to note: crown advocate

Thu Nov 03 2011

Natalie Jane Adams of Crown Prosecutors Chambers - Parramatta has been appointed as crown advocate for the period commencing on 28 November 2011 and expiring on 27 November 2018.

3 November 2011

Jane Mathews AO made a life member of the Bar Association

Wed Nov 02 2011

At its meeting on 27 October 2011, the Bar Council resolved unanimously that the Hon Jane Mathews AO be appointed a life member of the New South Wales Bar Association for exceptional service to the Bar Association and to the profession of the law.

2 November 2011

The Hon Justice Downes to retire in May 2012

Tue Nov 01 2011

The Hon Justice Garry Downes has announced his intention to retire as a judge of the Federal Court and president of the Administrative Appeals Tribunal in May 2012. View the announcement by Attorney-General Robert McClelland.

1 November 2011

Bar Council elections and annual general meeting

Tue Nov 01 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

UNSW Law: Dispute Resolution Conference

Tue Nov 01 2011

How dispute resolution may develop in the future and what the ramifications of those developments may be is the subject of a two-day conference coming up at the University of NSW on 1 and 2 December 2011. The conference will address important practical questions such as the future role of the judge, matching dispute resolution processes with disputes, the provision of access to justice to multiple claimants through class actions, the role of lawyers in alternative dispute resolution processes, the future options for international dispute resolution and reform of civil procedure through international comparisons.

Among more than 20 speakers, the conference will hear from:

  • Federal Attorney-General Robert McClelland;
  • Lord Justice Jackson of the UK Court of Appeal;
  • Chief Justice Bathust of the Supreme Court of NSW;
  • The Hon Justice Anna Katzmann, Federal Court of Australia;
  • The Hon Justice Arthur Emmett, Federal Court of Australia;
  • The Hon Justice John Basten, Court of Appeal, NSW;
  • The Hon Acting Justice Ronald Sackville AO, Court of Appeal, NSW; and
  • The Hon Justice Peter McClellan AM, Supreme Court of NSW.

The cost of the two-day conference is $950. There will also be a conference dinner at a cost of $110.� A registration form may be downloaded at www.law.unsw.edu.au/drc. For further information about registration phone 9385 2267 or for questions about the conference email the Conference Convenor Michael Legg m.legg@unsw.edu.au

1 November 2011

Reduction in interest on unpaid legal costs

Tue Nov 01 2011

At its meeting on 6 December 2011, the Reserve Bank Board decided to lower the cash rate by 0.25% to 4.25%, effective 7 December 2011. Accordingly the rate of interest on unpaid legal costs, prescribed by clause 110A(3) of the Legal Profession Regulation 2005, as of�7 December, is 6.25%.

Section 321 of the Legal Profession Act 2004 ‘Interest on unpaid legal costs’ provides:

(1) A law practice may charge interest on unpaid legal costs if the costs are unpaid 30 days or more after the practice has given a bill for the costs in accordance with this Part.

(2) A law practice may also charge interest on unpaid legal costs in accordance with a costs agreement.

(3) A law practice must not charge interest under subsection (1) or (2) on unpaid legal costs unless the bill for those costs contains a statement that interest is payable and of the rate of interest.

(4) A law practice may not charge interest under this section or under a costs agreement at a rate that exceeds the rate prescribed by the regulations.

(5) ...

Clause 110A of the Legal Profession Regulation 2005 prescribes the relevant rate of interest. It provides:

110A Interest on unpaid legal costs—section 321 (4) (b) of the Act

(1) This clause is made for the purposes of section 321 (4) of the Act and prescribes the rate of interest in excess of which a law practice may not charge interest under section 321 of the Act or under a costs agreement.

(2) The rate for the period commencing with 1 October 2005 and ending immediately before the date of commencement of subclause (3) is 9.0%.

(3) The rate for the period commencing with the date of commencement of this subclause is the rate that is equal to the Cash Rate Target as at the relevant date, increased by 2 percentage points.

(4) In this clause:

Cash Rate Target means the percentage (or maximum percentage) specified by the Reserve Bank of Australia as the Cash Rate Target.

Relevant date means the date the bill was issued by the law practice concerned.

The Cash Rate Target decreases to 4.25% from�7 December�2011 (visit the Reserve Bank web site)

Accordingly the rate of interest prescribed by clause 110A(3) as of�7 December�2011 is 6.25%.

6 December�2011

LTCS E-News

Fri Oct 28 2011

The Lifetime Care & Support Authority publishes a newsletter, LTCS E-News. Issue�60 is�now available, and features articles on approved case manager Q&A forums, guidelines for the prescription of a wheelchair or scooter, PCANS training and workshops on assessing care needs.

28 October 2011

DDT courts have relocated

Fri Oct 28 2011

Beginning�today,�7 November 2011, the Dust Diseases Tribunal courts, previously located on Level 4 of the John Maddison Tower have relocated to Level 11 and 12, of the John Maddison Tower, 88 Goulburn Street. The tribunal registry remains located on Level 12 of the John Maddison Tower. All contact numbers remain the same.

7 November 2011

Retirement ceremony for the president of the DDT

Fri Oct 28 2011

A�retirement ceremony will be held for His Honour President Judge JL O'Meally AM RFD of the Dust Diseases Tribunal�on Thursday, 17 November 2011 at 9.30AM in Court 21A, John Maddison Tower, Level 21, 88 Goulburn Street. Bernie Coles QC will speak on behalf of the New South Wales Bar. It is requested that senior counsel wear full-bottomed wigs.�The ceremony will be followed by a morning tea.

28 October 2011

Web watch: NSW Court of Appeal web page

Fri Oct 28 2011

The web�site of the New South Wales Court of Appeal�features case summaries of its decisions and those of interest from other Australian intermediate appellate courts and the international jurisdictions of the United Kingdom, Canada, India, Singapore, Hong Kong, New Zealand and the United States.

The webpage also provides an annotated Civil Liability Act to assist judges and practitioners on jurisprudence of the court for this Act and a statutory appeals webpage which sets out relevant statutory appeal provisions and decisions of the court that discuss the provisions.

In addition, the webpage includes information on decisions reserved in the Court of Appeal and the status of NSW Court of Appeal decisions in the High Court.

28 October 2011

The Fractured Constitutional Basis of Environmental Regulation

Fri Oct 28 2011

The Australian Association of Constitutional Law invites members to a seminar on "The Fractured Constitutional Basis of Environmental Regulation" on Monday, 31 October 2011 at 5.30pm. Papers to be presented by Dr Melissa Perry QC (Barrister, Sixth Floor Selborne Wentworth Chambers) and Mr Jonathon Redwood (Barrister, Banco Chambers).

Australian environmental law is characterised by a complex jurisdictional patchwork which is largely the product of our constitutional system. Melissa Perry will consider the particular challenges posed by federalism for the regulation of environmental impacts and their causes. She will examine constitutional mechanisms that might improve the consistency of environmental outcomes and assist in meeting the challenges posed by climate change.

Jonathon Redwood will focus on the problems posed by the subordinate, but nevertheless vague, status of local government in the Australian constitutional framework. This status inhibits local government in legislating with respect to environmental matters, leaving it to administer often contradictory and complex state and federal environmental law and policy with limited resources.

The Hon Murray Gleeson AC QC� (chairperson) Mr Allan Hawke AC� (first commentator) Ms Susan Shearing (University of Sydney, second commentator)

Time: 5:30 pm on Monday 31 October 2011 Place:� Federal Court of Australia, Queens Square, Sydney, Court 18B.

The event is for members only. But membership is only $50 per annum and members can join at the door. Membership confers the right to attend 4-5 seminars a year and receive updates on constitutional law developments in Australian and overseas. For more information, go to: http://www.aacl.asn.au/

31�October 2011

Nygh Hague Conference Internship

Thu Oct 27 2011

The Australian Institute of International Affairs and the International Law Association (Australian Branch) call for applications for the 2012 Peter Nygh Hague Conference Internship. 2012 marks the sixth year that the Nygh Internship will be awarded. Each year, the internship provides a student, graduate or post graduate with the rare opportunity to travel to The Hague in the Netherlands and work in the area of Private International Law. Successful applicants receive a contribution towards their living expenses for the duration of the internship. Prospective applicants should visit the AIIA's website at www.aiia.asn.au or email Coleen Fernandez.�Learn more>

27 October 2011

Back to the Future: Bill Grant the new CEO of Legal Aid NSW

Thu Oct 27 2011

Attorney General Greg Smith SC today announced the appointment of Bill Grant OAM as chief executive officer of Legal Aid NSW. Mr Grant served as head of Legal Aid from 2001 to 2007. For the past four years, he has been the secretary-general of the Law Council of Australia. Learn more>

27 October 2011

Appointments to note: acting public defenders

Thu Oct 27 2011

Ian Hunter Nash and Richard John Wilson have been appointed as acting public defenders for the period commencing on 23 January 2012 and expiring on 22 January 2013.

27 October 2011