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Appointment of senior counsel for 2011 – timing of announcement

Fri Oct 07 2011

The Senior Counsel Protocol states that ‘best endeavours will be used to ensure announcement of the new senior counsel are made on or before the first Friday in October'. A press report today states that: "In a surprise move…the association brought forward its announcements of successful applicants for this year."

The announcement was not ‘brought forward’. It had been intended to announce the new silks at lunchtime Thursday.� The announcement was, out of courtesy to the Federal Court, deferred until Thursday evening.

P.A. Selth Executive Director

7 October 2011

Senior counsel for 2011 will be announced today

Thu Oct 06 2011

The appointment of Senior Counsel for 2011 will be announced at 5.30pm today, Thursday, 6 October 2011.

A copy of the President’s announcement will be emailed to all members and clerks and posted both on the Bar Association’s notice board and webpage (www.nswbar.asn.au).

Individual letters to each applicant from the President may be collected from the Bar Association between 5.00pm and 5.30pm today.� Clerks are asked to arrange for the envelopes for members of their floor to be collected.� Applicants whose chambers are outside the CBD and who wish to have the President’s letter faxed to them are asked to telephone the Association’s Executive Assistant, Ms Corinne Brown, on 02 9229 1754 or e-mail cbrown@nswbar.asn.au .

Clerks with successful applicants are asked to ensure the 2011 Silks gather in the Bar Association Common Room on Thursday, 3 November 2011 for the presentation of Senior Counsel scrolls by the Chief Justice at 5.45pm.� Refreshments will be served from 5.15pm.� Family and friends are most welcome.

P.A. Selth

Executive Director

6 October 2011

Senior counsel appointments for 2011

Thu Oct 06 2011

I am pleased to announce that the following applicants have been appointed Senior Counsel for 2011.� The successful applicants, in order of seniority, are:

Braddon Hamilton HUGHES Peter Joseph MOONEY Patrick William LARKIN Gregory Anthony FARMER Philip Ross CLAY Mark Anthony ROBINSON Richard Howard WEINSTEIN Marcus Wolstenholme YOUNG Richard John CHENEY Robert Steven HOLLO Sarah Megan McNAUGHTON Duncan Trevor MILLER James George RENWICK Alister Andrew HENSKENS Anthony Philip Peter LO SURDO Ian Gordon Bramwell ROBERTS Michael Alan JONES John Michael HENNESSY Richard Campbell BEASLEY Ian Robert PIKE Cameron Andrew MOORE Michael Bryan Joshua LEE Jeremy Kevin KIRK Kristina Anne STERN �
Bernard Coles QC President
Related information
Biographies of senior counsel appointees
Statistics on senior counsel applications
Senior Counsel Protocol
Media release
6�October 2011

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2011 Sydney Law School Postgraduate Information Evening (ADVERTISEMENT)

Wed Oct 05 2011

The Sydney Law School will hold its annual Postgraduate Information evening on Wednesday, 12 October from 5.30-7pm� at the Assembly Hall, Old Law School, St James Campus, Ground Floor, 173-175 Phillip Street . The event is an opportunity for prospective candidates to meet face to face with our staff to discuss matters in relation to postgraduate study in law at the Sydney Law School. The Dean will deliver a brief presentation on the law school's postgraduate program at 5.45pm. Light refreshments will be available.

Time: 5.30-7pm Cost: Free however registration is essential Contact: Greg Sherington Phone: +61 2 9351 0202 Email: law.postgrad@sydney.edu.au

5 October 2011

Papers to note: misperceptions about child sex offenders

Tue Oct 04 2011

Misperceptions about those who sexually abuse children abound.�The�prevalence of child sexual abuse is difficult to determine for a variety of reasons and estimates vary considerably.� However, in its paper, Misperceptions About Child Sex Offenders, the Australian Institute of Criminology�assesses the evidence�for�five common perceptions about child sex offenders. Learn more>

4 October 2011

Richard Cooper Memorial Lecture

Tue Oct 04 2011

The University of Queensland is hosting the Richard Cooper Memorial Lecture in Brisbane on 13 October 2011. This year’s lecture will be presented by Professor Robert Merkin, on the topic:� "Australia: Still a Nation of Chalmers?"� and will be broadcast live to Federal Court registries in Sydney, Adelaide, Melbourne and Perth.�

Professor Merkin has taught all aspects of commercial law, including marine insurance, insurance, competition, arbitration and dispute resolution at postgraduate level.� He has published over 40 books and numerous articles on insurance, reinsurance and arbitration law, and is co-editor of the Lloyd’s Law Reports.� He is on the arbitral panels of the Singapore International Arbitration Centre and the Hong Kong International Arbitration Centre.� Professor Merkin is a consultant to the English and Scottish Law commissions for their project on insurance contract law reform, and has prepared a research paper for the commissions on the Australian experience of reform.� He is president of the British Insurance Law Association and vice-president of the International Association of Insurance Law (AIDA).� In 2010 he received a prize from the Australian Insurance Law Association for his contribution to insurance law and education in Australia.

4 October 2011

Reminder: swearing-in ceremony for Christine Adamson SC

Tue Oct 04 2011

A�ceremonial sitting to mark the appointment of Christine Adamson SC as a judge of the Supreme Court of New South Wales will be held on Monday, 17 October 2011 at 9.30am�in Federal Court 1, L21, Queens Square. Bernie Coles QC will speak on behalf of the New South Wales Bar. Barristers are to wear robes and wigs. Senior counsel should wear full-bottomed wigs.

14 October 2011

Mediators Conference, Sanctuary Cove

Tue Oct 04 2011

Registration closes on Friday, 7 October for the annual Mediators Conference to be held Saturday 22 - Sunday 23 October at the Hyatt Sanctuary Cove, Gold Coast.�Accredited mediators under the National Mediator Accreditation System (NMAS) are also reminded of their CPD requirements for reaccreditation under the NMAS Approval Standards.�Download a�conference program, registration form and hotel booking form.

4 October 2011

Comercial Law Association seminars in October (ADVERTISEMENT)

Tue Oct 04 2011

The Commercial Law Association presents three lunchtime seminars this�month.�

Monday, 17 October 2011| _How not to misinterpret a contract: A Commercial Law Association lunchtime seminar _12.30 to 2.00pm, Dixson Room, Mitchell Wing, NSW State Library CLA members $69; non-members $99 Register at www.cla.org.au

Speaker:

Professor John Carter, Professor of Commercial Law, University of Sydney; General Editor, Journal of Contract Law; Consultant, Freehills

In this seminar Professor Carter discusses some of the important issues in contract interpretation raised by recent cases.

The issues include:

  • When can ‘context’ be relied on to construe a contract?
  • What legal principles determine the scope of admissible ‘context’?
  • What is the role of the ‘intention of the parties’ in contract interpretation?
  • In what circumstances will a court depart from the ‘plain’ meaning of words?
  • To what extent is it permissible to refuse to apply a particular interpretation on the basis that it would lead to an ‘unreasonable' result?

Cases to be referred to include:

Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2010] NSWCA 111 Jireh International Pty Ltd t/as Gloria Jean's Coffee v Western Exports Services Inc [2011] NSWCA 137 Cadbury Pty Ltd v Mercer Investment Nominees Ltd [2011] NSWSC 622 Byrnes v Kendle [2011] HCA 26 �

Friday, 28 October 2011

Navigating the Australian Consumer Law: A Commercial Law Association halfday seminar 9.00am to 12.30pm, Dixson Room, Mitchell Wing, NSW State Library CLA members $285; non-members $335 Register at www.cla.org.au

Speakers:

Justice Steven Rares, Federal Court of Australia (Chair) Peter Kell, Deputy Chair, ACCC Jacqueline Downes, Partner, Allens Arthur Robinson Jeffrey Goldberger, Special Counsel, Blake Dawson, Canberra Sarah Moritz & Jackie Mortensen, Senior Associates, Minter Ellison

This seminar will offer insight into:

ACCC - new powers - how are they reacting? Consumer Law enforcement Unfair contract terms Consumer guarantees

Friday, 28 October 2011

Obligations of good faith in the performance of commercial agreements: A Commercial Law Association lunchtime seminar

12.45 to 2.00pm, Dixson Room, Mitchell Wing, NSW State Library

CLA members $69; non-members $99

Register at www.cla.org.au

Speaker:

Robert Angyal SC, 6 & 7 St James Hall Chambers

Does Australian law imply into commercial agreements an obligation to act in good faith? What is good faith? How do we know whether it is absent? And what does a contract to negotiate in good faith mean? These issues were explored in two recent NSW Court of Appeal decisions United Group Rail Services v Rail Corporation New South Wales [2009] NSWCA 177, 74 NSWLR 618 and Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268, (2010) 15 BPR 28,563.

4 October 2011

Local Court arbitrators - period for expressions of interest closes today

Fri Sep 30 2011

Please be reminded that applications for appointment to the 2012-13 arbitrators list maintained by the Local Court close today. The current list expires on 31 December 2011. Please note that the appointments to the Local Court are limited in numbers.�

Applications for approval as an arbitrator by the NSW Bar Association under the BarADR scheme also close today. Applicants are required to have attended arbitration seminars held earlier in the year and to have written an arbitral award, except where they claim an exemption for extensive prior experience.�

30 September 2011

Indexation of maximum amount relating to economic and non-economic loss in motor accidents matters

Fri Sep 30 2011

Pursuant to s 146 of the Motor Accidents Compensation Act 1999,� the maximum amounts that are to apply for (a) past or future economic loss and (b) non-economic loss under that Act have been increased from 1 October 2010 by the Motor Accidents Compensation (Determination of Loss) Amendment Order 2011 (NSW). _Pursuant to s 80 of the _Motor Accidents Act 1988 the maximum amount that is to apply for past or future non-economic loss under that Act has also been increased by the Motor Accidents Compensation (Determination of Non-Economic Loss) Amendment Order 2011 (NSW).� The Orders to this effect were announced in the NSW Government Gazette today.

30 September 2011

Expressions of interest invited for the position of Supreme Court Judge in the Kingdom of Tonga

Fri Sep 30 2011

The Kingdom of Tonga is seeking expressions of interest from Judges or experienced legal practitioners who wish to be considered for appointment as a Supreme Court Judge in the Kingdom of Tonga. Read more

Expressions of interest should be sent by e-mail to Mr. Va’inga V. Tone, Lord Privy Seal at vainga.tone@gmail.com to be received in Tonga no later than 12 Noon on Friday 14th October 2011.

30 September 2011

eCommerce Twilight Seminar

Thu Sep 29 2011

On 19 October the LCA's Business Law Section will hold its "eCommerce Twilight Seminar" at the offices of Henry Davis York, 44 Martin Place, Sydney. The seminar will explore recent developments in the law affecting electronic commerce with particular focus on the new ePayments Code and the Electronic Transactions Act. For more information, or to register, download a flyer>

10 October 2011

Latest report on PI and PL claims from the National Claims and Policies Database

Thu Sep 29 2011

The Australian Prudential Regulation Authority released the latest set of annual reports on policies and claims for public and product liability and professional indemnity (PI) insurance from the National Claims and Policies Database. The reports contain data as at 31 December 2010.

The NCPD was established by APRA in 2003 at the request of the Australian Government in consultation with the insurance industry and other stakeholders to provide insurers, the community and state and federal governments with a better understanding of PL and PI insurance and the ability to monitor trends in premiums and claim costs.

The reports are available at: http://www.ncpd.apra.gov.au/

29 September 2011

Adamson SC appointed to the Supreme Court

Thu Sep 29 2011

Christine�Adamson SC has been appointed as a judge of the Supreme Court of New South Wales. Attorney General Greg Smith SC described Ms Adamson as "an experienced and highly regarded barrister, who richly deserves her elevation to the bench of the Supreme Court.” A�swearing-in ceremony will be held on�17 October 2011. Members will be advised of further details closer to that date. View the AG's media release >

29 September 2011

Examination Power Seminars

Wed Sep 28 2011

The Bar Association's Professional Development Department is pleased to announce the 2011 Examination Power series of seminars. Presented by Open Door Productions the ‘Examination Power’ series focuses on focuses on how Barristers can maximise questioning techniques in the Examination in Chief and Cross-Examination phases of the trial to get the most from witnesses and underpin their case theory.

In sessions similar to an ‘actors’ workshop’, participants practise and analyse questioning sequences in detail, using a detailed case study in which the facilitators will role-play all witnesses, demonstrating emotionally-realistic personalities. Find out more about the series through this link. Places are limited, so to reserve your place, download a registration form.

28 September 2011

Boulten SC interviewed on ABC Radio Newcastle

Wed Sep 28 2011

The Bar Association's senior vice-president, Phil Boulten SC, was a guest on ABC Radio Newcastle this morning. The topic was the role of the jury, which he described as�"the community's way of participating directly in the criminal justice system". Mr Boulten�said�juries are "a very important mechanism to make sure that the public at large has confidence in what's happening in the criminal justice system". A copy of the transcript is held in the Bar Library.

28 September 2011

Sydney Law School Foundation reception (ADVERTISEMENT)

Wed Sep 28 2011

The Sydney Law School Foundation is pleased to dedicate its annual event to The Hon James Spigelman AC QC, celebrating his significant contribution to the law and his work for social justice. The reception will take place on 19 October 2011 at Sydney Law School�between 6.30pm and 8.30pm. For registration and further information click here.

The Hon James Spigelman AC QC graduated from the University of Sydney in 1967 with a Bachelor of Arts, before going on to complete his LLB in 1971 and receiving the University Medal in Law. The University subsequently awarded him an honorary� LLD (2004). As a student leader, he took an active role in the 1965 Freedom Rides to rural NSW alongside student activist Charles Perkins. He was admitted to practise as a solicitor in 1972, but first served as Senior Advisor and Principal Private Secretary to the Prime Minister Gough Whitlam until 1975, at which time he was appointed Secretary to the Department of Media. On commencing his practice at the NSW Bar in 1976, three years after his admission, he served for several years as a member of the Australian Law Reform Commission and spent some time abroad. While at the Bar, he focused predominantly on constitutional law, administrative law and appellate work. In 1986, Mr Spigelman was appointed Queen's Counsel. He then served as Solicitor-General of NSW in 1997 before receiving his appointment as the Chief Justice of the Supreme Court of New South Wales in 1988.

On 18 March 2011, he announced his decision to retire as Chief Justice on 31 May 2011, and was succeeded on the bench by The Hon Justice Tom Bathurst QC.

Tickets Sydney Law School alumni: $40 inc GST Others: $50 inc GST

Venue Law Foyer, Level 2 Sydney Law School New Law Building, Eastern Avenue The University of Sydney (Camperdown campus)

17 October�2011

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

Wed Sep 28 2011

The following cases will be published in a forthcoming volume of NSWLR: Director of Public Prosecutions v Hilzinger and Drug Court of NSW [2011] NSWCA 106 Agius v The Queen; Abibadra v The Queen; Jandagi v The Queen; Zerafa v The Queen [2011] NSWCCA 119� Michael v State of New South Wales [2011] NSWSC 231

Siemens Ltd v Origin Energy Uranquinty Power Pty Ltd [2011] NSWSC 195� The Owners - Strata Plan No 75903 v Dix and Anor [2011] NSWSC 245 Allianz Australia Insurance Ltd v Ward and Ors [2010] NSWSC 720

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

28 September 2011

Coming up in CPD: the effect of a sedentary life and its impact on the spine

Wed Sep 28 2011

On Thursday, 17 November at 5.15, Sarah Keys MVO, will present a seminar focused on the effect of a sedentary life and its impact on the spine as well as on 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 further details, please download a flyer.

28 September 2011