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Bar Council business for 12 July 2012

Tue Jul 31 2012

Bar Council met on 12 July 2012 in the boardroom of the New South Wales Bar Association. 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>

31 July 2012

AACL seminar on Williams v Commonwealth

Tue Jul 31 2012

The Australian Association of Constitutional Law invites members to a seminar on "Williams v Commonwealth - How the School Chaplains and Mr Pape Destroyed the 'Common Assumption' Regarding Executive Power", presented by Professor Geoffrey Lindell AM on Monday, 13 August 2012�in Court 18B,�Federal Court, Queens Square at 5:30pm. For more information about this seminar, and others like it, download an AACL program>

6 August�2012

Comments on tutor policy - deadline this Friday

Tue Jul 31 2012

The Bar Council is currently considering a proposal from the Education Committee and New Barristers’ Committee to revise the Association’s tutor policy to remove the restriction on senior counsel from taking a reader.� It has been submitted that the policy of not allowing senior counsel to be tutors arose at a time when there was a clearer demarcation between the work undertaken by senior and junior counsel.� This has changed and therefore, subject to their wishing to do so, senior counsel are in a position to act as tutors and are often, due to time constraints and other considerations, de facto tutors for readers on their floor and to whom they come in to contact.

The proposal under consideration does not envisage that readers will be required to have senior counsel as a tutor.� Nor will senior counsel be required to take a reader, if they do not wish to do so.� The default position will remain that senior juniors will be tutors for the majority of readers.

The Bar Council is keen to hear members’ view on this proposed change.� Please direct comments and submissions to Chris D’Aeth, cdaeth@nswbar.asn.au,�by Friday 10 August 2012.

8�August�2012

Sydney Law School Intensive Course: Water Law (ADVERTISEMENT)

Mon Jul 30 2012

Sydney Law School has announced a�new�Semester 2 intensive course on water law, which�will be held on 28-29 September & 5-6 October 2012. The unit, which attracts CPD points, is taught by Rosemary Lyster,�professor of climate and environmental law at Sydney Law School. The unit examines water resource management from the interdisciplinary perspectives of law, science and within the context of broader economic reform and the National Competition Policy framework. The corporatisation of water utilities and competition in the water service market is also discussed. Key legislation covered includes the Water Act 2007 (Cth), the Water Management Act 2000 (NSW) and the Water Industry Competition Act 2006 (NSW).

9 August�2012

Appointment to note

Mon Jul 30 2012

Rashelle Seiden has been appointed as a�deputy president�of the Administrative Decisions Tribunal and head of the Revenue Division.

30 July 2012

STEP lecture on executors accounts and claims for commission (ADVERTISEMENT)

Mon Jul 30 2012

The Society of Trust and Estate Practitioners (STEP) invites you to an address by John Poole on "The Importance of Accurate Executors Accounts and Claims for Commission". The address will take place on Wednesday, 22 August 2012 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>

20�August�2012

Tonight: Plain English in Legal Writing

Fri Jul 27 2012

Tonight's seminar has been arranged in conjunction with Professor Bryan Garner's visit to Australia. Following Professor Garner's presentation, the Honourable Acting Justice Ronald Sackville AO will provide comment. Emeritus Professor Peter Butt will chair the event. For full details, click here.�

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2 August 2012

Tonight: Evidence in Administrative and Constitution Law Cases

Fri Jul 27 2012

This evening's seminar has been arranged by the Administrative and Constitutional Law Section and will be presented by Neil Williams SC and Alan Shearer. The Honourable Justice Alan Robertson of the Federal Court of Australia will be chairing the event. Please click here for full details.

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31 July 2012

Match report: Bar FC vs Ausgrid

Fri Jul 27 2012

On 26 July 2012, NSW Bar FC played Ausgrid, currently placed second on the leader-board and anxious to maintain that position in the run-up to the finals.

Free made good on his (repeated) promises and provided much-needed backbone to the mid-section and in attack. He was ably complemented by the skills of season debutante Afshar. NSW Bar FC also welcomed back this week Patch who, in his first game of the season, staked a claim for the Golden Boot award.

First blood was drawn by Mahony, who, in steadfast defence of her line made inadvertent but nevertheless punishing contact with the nose of an opponent which saw him limping from the field of play.

Notwithstanding the relative youth and vitality of our opponents, it was a fairly even contest with Ausgrid scoring first, two thirds into the first term from, on any view of it (and certainly the view of this correspondent, who was superbly placed to judge), an offside position. NSW Bar FC responded quickly and decisively minutes later, with Patch (lurking with intent) converting from a brilliant pass delivered with pinpoint accuracy by Free across the goal face.

With the score at 1-1 leading into the second half, uncharacteristic confusion between Jackson and Kuklik (in goal) as to whether a ball constituted an intentional back-pass saw Ausgrid scoring the softest of goals to take the lead at about the midpoint of the second term. Undeterred, NSW Bar FC made repeated incursions into Ausgrid territory to be cruelly denied time and again. Persistence however, was justly rewarded with Free awarded (an aptly named) free-kick well within striking distance. Free brilliantly converted, beating a wall of stunned defenders to find the top left corner of the back of the net in a scene reminiscent of “Bend it like Beckham” to even up the tally.

Inspired by the equaliser, Afshar had one final tilt with seconds to go with a punishing hit unfortunately making contact with the near upright.

Special mention should be made of Fordham playing uncharacteristically on the left wing causing all manner of grief (as only he can) to unsuspecting defenders, Philips, who had his usual solid performance as sweeper and McCarthy, who was dogged in defence.

The result, a respectable to 2-2 draw but with NSW Bar FC, on balance, having the edge. � Next game v Corrs � Our next game is against fifth placed Corrs on Thursday, 2 August 2012 at 1.15 pm.

With only 4 games left in the season�Bar FC�need every win if�they are to retain any prospect of a semi-finals berth.

27 July 2012

District Court Users Survey

Fri Jul 27 2012

Between 6-17 August all court users/visitors are invited to participate in a survey to assist the District�Court to improve services.�Completed survey forms can be given to court officers or left in the boxes provided outside the lifts on level 3 of the Downing Centre and in the foyer of the John Maddison Tower.

Pam Olsoen Principal Registrar District Court of NSW

3�August 2012

Anglo-Australasian Law Society Breakfast Q&A (ADVERTISEMENT)

Fri Jul 27 2012

Members are invited to a breakfast Q&A session with the Rt Hon the Lord Kerr of Tonaghmore PC, justice of the Supreme Court of the United Kingdom and former lord chief justice of Northern Ireland on�Wednesday 1 August 2012 at 7.30am for 7.45am concluding at 9.00am. Don't miss out! Reserve your seat by�close of business�today,�27 July.

30�July 2012

Enjoy dinner and a biography with Michael Kirby

Thu Jul 26 2012

Law Love & Life, by Daryl Dellora, is the�title of a�new�biography�of Michael Kirby. To mark its publication, the biographer and his subject will host a dinner at Universal Restaurant in Darlinghurst on Thursday, 13 September. Learn more>

31 August�2012

2012 Common Law Drinks

Thu Jul 26 2012

Judges, barristers and clerks are warmly invited to the 2012 Common Law Drinks to be held on Friday, 24 August at MoS Caf�, corner of Phillip and Bridge Streets. It was on 26 August 1928 that Mrs May Donoghue drank ginger beer from a tumbler which, it was claimed, contained the remains of a decomposed snail. To mark the occasion of the 84th anniversary of this momentous event in the history of the common law, His Honour Judge A Garling will be the guest of honour and speak on the night. This is a wonderful opportunity for the Common Law Bar to farewell Judge Garling upon his retirement from the District Court.

Don’t miss this fabulous opportunity to relax and share stories in a pleasant and convivial atmosphere. Tickets cost $80 per person or barristers who are under 5 years call, $65. The event is kindly sponsored by Bar Cover. Download your RSVP form today. RSVP by Wednesday, 22 August 2012.�

14�August�2012

Some seats remaining at the ADR Workshop

Thu Jul 26 2012

There's still time to�book your�seat at the�2012 NSW Bar Association and ACICA ADR Workshop, which�will be�held on Saturday 4 August from 9am-5pm at the Westin Hotel Sydney. The keynote address will be delivered by The Hon Nicola Roxon MP, Attorney-General for Australia.�Other speakers include the Hon Steven Rares, judge, Federal Court of Australia, the Hon Lindsay Foster, judge, Federal Court of Australia and the Hon Justice Julie Ward, Supreme Court of NSW. Download a program>

1 August�2012

This Week in CPD

Thu Jul 26 2012

Please take note of the following seminars scheduled for�Tuesday and Thursday this week. Tuesday, 31 July: Evidence in Administrative and Constitution Law Cases. This seminar has been arranged by the Administrative and Constitutional Law Section and will be presented by Neil Williams SC and Alan Shearer. The Honourable Justice Alan Robertson of the Federal Court of Australia will be chairing the event. Please click here for full details.

Thursday, 2 August: Plain English in Legal Writing. This seminar has been arranged in conjunction with Professor Bryan Garner's visit to Australia. Following Professor Garner's presentation, the Honourable Justice Beazley AO will provide comment. Emeritus Professor Peter Butt will chair the event. For full details, click here.

30 July 2012

Swearing-in ceremony for Geoff Lindsay SC

Thu Jul 26 2012

Geoff Lindsay SC will be sworn-in as a judge of the Supreme Court of NSW on Monday,�6 August 2012 in Federal Court 1, Level 21, at 9.30am. The attorney general will speak on behalf of the New South Wales Bar. Barristers are to wear robes and wigs. Senior counsel should wear full-bottomed wigs.

3�August�2012

9th annual COAT conference

Wed Jul 25 2012

The 9th Annual Council of Australasian Tribunals Conference is on 14 September 2012 at Pullman Hotel, Sydney. The keynote address will be delivered by Dr Don Watson, titled "The Holy Grail – Plain English Decision Writing". Dr Watson has written widely on the decay of public language in Australia and will address how to avoid jargon and improve writing style. Download a program>

25 July 2012

UK barristers "must adopt corporate approach" to survive

Wed Jul 25 2012

The Bar Council of England and Wales has been consulting on a proposed Bar Council Business Standard. John Binks of the Bar Consultancy Network in England has argued that operation as a business "is a solution and not a change to be avoided" for barristers. Learn more>

25 July 2012

High Court email alerts

Wed Jul 25 2012

The High Court of Australia has advised of the establishment of a new subscription service. The free email alert system enables subscribers to be informed in advance of when full court judgments are to be handed down, to access the judgment summary shortly after the decision is given, and to receive other alerts, including summaries of up-coming cases before the court.�In order to subscribe, go to the High Court of Australia website at www.hcourt.gov.au

25 July 2012

Bar Book Club meets on 31 July

Wed Jul 25 2012

The next meeting of the Bar Book Club will be on Tuesday, 31 July 2012. The book is Moby-Duck: The True Story of 28,800 Bath Toys Lost at Sea and of the Beachcombers, Oceanographers, Environmentalists, and Fools, Including the Author, Who Went in Search of Them by Donovan Hohn.

25 July 2012

Tonight: Forbes Society public lecture

Tue Jul 24 2012

Tonight at 5.15pm, Professor Graham Greenleaf will be presenting a seminar entitled "The Future of Law Reporting and Legal Research in an Electronic Age". The seminar will be chaired by the Honourable Greg Smith SC MP, Attorney General of NSW. For full details, download a flyer here.

AustLII has launched the Australasian Colonial Legal History Library. This is the first version of the Library, containing over 220,000 searchable documents from before 1900, from the seven Australasian colonies (including New Zealand). It is being developed in conjunction with NZLII. Development of further databases is underway and will expand the Library's contents considerably over the next year.

25 July 2012

Construction Law Discussion Group seminar on discovery

Tue Jul 24 2012

The Australian Construction Law Discussion Group will�host a seminar at 6.00 pm for 6.30 pm, on Tuesday, 31 July 2012 at the Bond Cafe, 111 Phillip Street Sydney. Titled�"The Undiscoverable Country? A Debate on The Supreme Court's new Practice Note on Discovery", the guest speakers will be�Justice R. Mc Dougall and Paul Jurdeczka, solicitor. The event will be chaired by�Glen Miller QC.�Registration:�$85.00 (GST inclusive). Download a registration form >

24 July 2012

Tonight: Meeting to consider proposed amendments to Admiralty Rules 1988 (Cth)

Tue Jul 24 2012

Tonight at 5.15pm, Alexander Street SC will be discussing recently proposed amendments to Admiralty Rules 1988 (Cth). The session will be chaired by Gregory Nell SC and will seek to address proposed changes to the Admiralty Rules, including the addition of rule authorising the Admiralty Marshal to remove ship’s papers from a ship under arrest where the Marshal considers it appropriate. This meeting will consider these changes and what, if any, response there should be from the Association to them, as well as other recent legislative changes in admiralty and maritime law. For full details, please click here.

24 July 2012