InBrief

SEARCH ALL POSTS

ALRC to conduct copyright review

Fri Mar 30 2012

Attorney-General Nicola Roxon has released for public comment the draft terms of reference for an Australian Law Reform Commission (ALRC) inquiry into the operation of copyright exceptions in the digital environment. The draft terms of reference also direct the ALRC to consider whether exceptions should allow the legitimate non-commercial use of copyright works for uses on the internet such as social networking.

30 March 2012

Flu shots and health testing today

Fri Mar 30 2012

The Health, Sport & Recreation Committee has organised for members to receive flu shots and get their cholesterol, glucose and blood pressure tested between 3.00 and 6.00 pm today, 27 April 2012 in Conference Room 3 at the NSW Bar Association. Prices are as follows: flu shot -�$22; health test (cholesterol, glucose and blood pressure) - $20. Prices are inclusive of GST. No pre-booking required and results are provided at the time. Testing takes under�four minutes. Please bring cash/cheque on the day as there are no credit card facilities available.

27�April 2012

Future directions for juvenile justice in NSW

Thu Mar 29 2012

The Bureau of Crime Statistics and Research, and the Crime Prevention Division of the NSW Department of Attorney General and Justice, invite�members to attend a seminar to discuss future directions for juvenile justice in NSW. The seminar will be held on Thursday, 10 May 2012 between 9.30 - 10.30am in the Metcalfe Auditorium, State Library of NSW, Sydney (entry off Macquarie St). The presenter will be�Dr Don Weatherburn, with Jenny Bargen as discussant.

The Young Offenders Act 1997 established a graded system of court diversion options consisting of warnings, cautions and youth justice conferences. The objects of the Act (as set out in Section 3) are to:

(a) provide an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings,

(b) provide an efficient and direct response to the commission by children of certain offences, and

(c) establish and use youth justice conferences to deal with alleged offenders in a way that

(i) enables a community based negotiated response to offences involving all the affected parties,

(ii) emphasizes restitution by the offender and the acceptance of responsibility by the offender for his or her behaviour,

(iii) meets the needs of victims and offenders, and

(iv) addresses the over representation of Aboriginal and Torres Strait Islander children in the criminal justice system through the use of youth justice conferences, cautions and warnings.

Restitution is achieved in the context of YJCs through agreement on an outcome plan. The outcome plan is a document agreed by victim and offender specifying (inter alia) what the offender will do by way of recompense for the offence. While it was never stipulated in the Act that conferencing would reduce the likelihood of further offending, many have argued that it achieves this goal as well. In this presentation, Don Weatherburn will give an overview of a recent program of research bearing on the extent to which the YOA is meeting its various aims. Jenny Bargen will discuss the findings and facilitate questions and discussion from audience members about the implication of these findings for the future direction of juvenile justice in NSW.

Speakers��

Don Weatherburn (Ph.D., PSM, FASSA) received his Ph.D from Sydney University in 1979. He was awarded a Public Service Medal in 1998, appointed an Adjunct Professor in the School of Social Sciences and International studies at the University of New South Wales in 2005 and made a fellow of the Academy of Social Sciences in Australia in 2006. He is the author of two books and more than 170 articles, book chapters and reports on crime and criminal justice.

Jenny Bargen (LLB, BSc, Dip Ed) was the Director of Youth Justice Conferencing between 1997 and 2007 in the (then) NSW Department of Juvenile Justice. Prior to that time she worked as a Senior Lecturer in the Faculty of Law at the University of New South Wales.� During her eight years as an academic she taught Criminal Law, Juvenile Justice, Children and the Law and Legal Systems/Torts and published articles on issues in juvenile justice, child welfare, sexual assault, and partial defences to murder. She was also an active founding member of the Youth Justice Coalition (NSW) and in that capacity participated in negotiations with government and opposition parties in the lead up to the passage through Parliament of the Young Offenders Act in June 1997. She also contributed to the research and writing of the influential 1990 report, Kids in Justice: a blueprint for the ‘90’s (Law Foundation and Youth Justice Coalition, Sydney) and the 1994 report, Nobody Listens: The experiences of contact between young people and police (Youth Justice Coalition and Youth Action and Policy Association, Sydney). Between 1995 and 1997 Jenny was an active member of the (then) NSW Juvenile Justice Advisory Council. She was the founding chair of the Juvenile Crime Prevention Advisory Committee. She is currently a member of the Juvenile Justice Committee of the Law Society of NSW.� Jenny has been a member of the Board of the Inner City Legal Centre and a member of the Management Committee and Board of the National Children’s and Youth Law Centre and since 2008 has again been an active member of the NSW Youth Justice Coalition. Since leaving the Department of Juvenile Justice Jenny has produced a review of the Children’s Legal Service for Legal Aid NSW and undertaken evaluations of a number of crime prevention projects. She currently works as a casual lecturer in the Masters Program at the Law Faculty at the University of Sydney, is an Adjunct Lecturer with the Sydney Law School Institute of Criminology, and is working as a research associate at UNSW Law School with a large ARC funded three year research project on restorative justice for victims and serious adult offenders.

Directions

For directions to the State Library, please see the following website: http://www.sl.nsw.gov.au/using/location/index.html?HomeLink=Services

RSVPs

RSVPs are essential for catering purposes. Please email to bocsar_seminars@agd.nsw.gov.au or ring 02 9231 9190.

29 March 2012

Correction regarding appointment of McCarthy QC

Wed Mar 28 2012

In Brief has just published a report to the effect that John McCarthy QC has been appointed ambassador to the Vatican. This is incorrect. Contrary to media speculation, there has been no official announcement. In Brief regrets any confusion this may have caused.

28 March 2012

McCarthy QC appointed ambassador to the Vatican

Wed Mar 28 2012

Foreign Minister Bob Carr has announced the appointment of John McCarthy QC as Australia's next ambassador to the Vatican.� He will�replace former deputy prime minister, Tim Fischer, who was appointed to the post by the Rudd government.

28 March 2012

Tonight: Risk Management

Wed Mar 28 2012

Tonight's seminar will be presented by Ronwyn North from Streeton Consulting and chaired by Ian Temby AO QC. It seeks to enhance your understanding of the nature, trends and causes of professional indemnity claims against NSW barristers and provide a framework for diagnosing your exposure to being sued. For full details, please [click here][1]. 1.5 CPD points in the Management Strand

�

29 March 2012

[1]: http://www.nswbar.asn.au/cpdattachs/Risk Management, 29 March 2012.pdf

Tonight: Concurrent Evidence

Wed Mar 28 2012

Tonight's session will seek to examine the current system of concurrent expert evidence in the Supreme Court of NSW and explore practical issues that arise in relation to the operation of Supreme Court Common Law Practice Note No 5. The panel of presenters includes the Honourable Justice McClellan AM, Chief Judge at Common Law, the Honourable Justice Hoeben AM RFD, the Honourable Justice Garling RFD and Stephen Campbell SC, chair of the NSW Bar Association Common Law Committee. Chairing the seminar will be Bernard Coles QC, President of the NSW Bar Association. For full details , please click here. 1.5 CPD points in either the Advocacy or Substantive Law Strand.

28 March 2012

Book launch: Roddy's Folly

Tue Mar 27 2012

The Sydney Law School is pleased to invite�members to a book launch and cocktail reception on Monday, 23�April�2012 from 6.00pm to 7.30pm to celebrate the contribution of the Late R P Meagher AO QC to the University of Sydney.�Damien Freeman’s recent biography Roddy’s Folly: R P Meagher QC – Art Lover and Lawyer (Connor Court Publishing 2012) will be launched by the Hon Tony Abbott MHR. Her Excellency Professor Marie Bashir AC CVO and the Hon Justice J D Heydon AC will share their recollections of Roddy as student and scholar at the university, and at the bar and on the bench in Phillip Street. The reception will be held in Assembly Hall, Old Law School, St James Campus, Ground Floor 173-175 Phillip Street Sydney.

REGISTRATION: To register for this event please CLICK HERE. � Copies of the book will be available on the night, alternatively, you can purchase a copy from Connor Court Publishing

10 April�2012

Early bird registration for the 12th DRBF International Annual Conference, Sydney

Tue Mar 27 2012

The Dispute Resolution Board Foundation (DRBF) and its Australasian Chapter, the Dispute Resolution Board Australasia (DRBA) invite members�to attend�the 12th DRBF International Annual Conference in Sydney from 3 – 5 May 2012, at the Dockside Conference Centre. The conference will focus on the innovation of dispute boards and the experience and lessons learnt by practitioners operating across a number of different cultures and legal systems from around the world, bringing together speakers and delegates from Australia, New Zealand, Europe, North and South America, Asia, the Middle East and Africa. Learn more>

4 April�2012

For the diary: the next Bench and Bar lunch

Tue Mar 27 2012

The next Bench and Bar lunch will be held on Tuesday, 17 July at Hyde Park Barracks. The cost will be $25 per person. The menu will be announced closer to the date.

21�June�2012

2012-2013 committee membership

Mon Mar 26 2012

The president annually reviews the need for the Bar�Association’s various committees, the role of those committees and their membership.�Members can�apply online for�2012/2013 committee membership�or return a hard copy of the application form.

Members (not just those holding a practising certificate) who wish to be considered for appointment to a committee on the attached list should complete the form showing the committees for which they wish to be considered.

Existing members of committees who wish to continue on a particular committee should also complete the form.

Expressions of interest will close at 5pm on 10 April 2012.

The Bar Association is very fortunate that we have many more volunteers for committees than can possibly be accommodated. The president has therefore asked that members restrict their choice of committees to no more than two.

In confirming committee membership, the president ensures that all parts of the bar – geographically, practice areas and seniority – are represented on each committee.

Please note that until new committees are established and promulgated, the existing committees continue unchanged. The existing appointments to various working parties and representatives for the Bar Association continue unless and until the president determines otherwise.

Acknowledgement of your expression of interest will be emailed to you within 24 hours. If you do not receive an acknowledgement please contact cbrown@nswbar.asn.au or telephone Corinne Brown on 9229 1754.

Thank you.

P.A. Selth Executive Director

10�April�2012

Genuine steps under the Civil Dispute Resolution Act

Mon Mar 26 2012

The ADR Committee has brought to In Brief's attention�a judgment of the Federal Court,�involving the interpretation of the new Civil Dispute Resolution Act 2011 (Cth), in particular a�practitioners' obligations to take genuine steps to resolve disputes under that Act. View the judgment�>

26 March 2012

The Rule in Hastings-Bass (ADVERTISEMENT)

Mon Mar 26 2012

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Michael Young TEP FCCA, Chairman of STEP Worldwide on "The Rule in Hastings-Bass". The discussion will take place today, 2 April at 5.30pm sharp in Court 8A of the Supreme Court, L8 Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer>

2 April�2012

Bar Knit Group meets on 28 March

Mon Mar 26 2012

The next meeting of the Bar Knit Group will be held at the Bar Library on Wednesday, 28 March 2012 at 6.00pm. Please bring your current projects or come prepared to knit squares or beanies for charity. For those needing instructions on techniques, please see How to knit like an Icelandic man.��Needles and wool can be provided for absolute beginners or those on the run...

26 March 2012

Tonight: The Secret Life of Documents

Mon Mar 26 2012

Tonight's seminar will be presented by Paul Westwood OAM, Managing Director of the FDS Group. The session will seek to cover the scope of the field of forensic document examination, how to recognise and preserve the evidential potential of a document and the role of the forensic document examiner in court. For full details, please click here and here.

26 March 2012

Wednesday and Thursday in CPD

Mon Mar 26 2012

Wednesday 28 March, Concurrent Evidence: Wednesday's session will seek to examine the current system of concurrent expert evidence in the Supreme Court of NSW and explore practical issues that arise in relation to the operation of Supreme Court Common Law Practice Note No 5. The panel of presenters includes the Honourable Justice McClellan AM, Chief Judge at Common Law, the Honourable Justice Hoeben AM RFD, the Honourable Justice Garling RFD and Stephen Campbell SC, chair of the NSW Bar Association Common Law Committee. Chairing the seminar will be Bernard Coles QC, President of the NSW Bar Association. For full details , please click here. 1.5 CPD points in either the Advocacy or Substantive Law Strand.**

Thursday 29 March, Risk Management: **This seminar will be presented by Ronwyn North from Streeton Consulting and chaired by Ian Temby AO QC. It seeks to enhance your understanding of the nature, trends and causes of professional indemnity claims against NSW barristers and provide a framework for diagnosing your exposure to being sued. For full details, please click here. 1.5 CPD points in the Management Strand.

26 March 2012

AIAL Tribunal Reform Symposium - This Friday

Mon Mar 26 2012

As you may be aware, last week the NSW Parliament’s Law & Justice Committee released its report into Opportunities for Tribunal Consolidation. A copy of the report is available at the following link.

This Friday afternoon, the Australian Institute of Administrative Law (NSW Chapter) are holding a Symposium on Tribunal Reform in the Bar Association Common Room. The Symposium is of direct relevance to the issues addressed and recommendations made by the Parliamentary Committee’s Inquiry. The line up of speakers includes leaders from interstate ‘super-tribunals’, leaders of some of our own State tribunals and leading practitioners and academics.

It promises to be a very stimulating afternoon and members interested in the issue are strongly encourage to attend. Places are limited and registrations are required for this seminar. To register, please download a form here.�

26 March 2012

Bar Council Business for 8 March 2012

Fri Mar 23 2012

Bar Council held a meeting on Thursday 8 March 2012 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

23 March 2012

Position Vacant: Part-time members Guardianship Tribunal

Fri Mar 23 2012

The Honourable Greg Smith SC MP, Attorney General, is seeking expressions of interest from qualified persons for appointment as part-time members of the Guardianship Tribunal (“the Tribunal”) under the Guardianship Act 1987. Applications close Friday 13 April 2012. View the advertisement.

30�March 2012

Amended forms under the Uniform Civil Procedure Rules

Thu Mar 22 2012

The Uniform Rules Committee�has approved amendments to the following forms: Form 40 - Affidavit; Form 41 - Affidavit of Service; Form 26A - Subpoena to Produce; Form 27A - Subpoena to give evidence and to produce; Form 29 - Order for Production. The amendments to Forms 40 and 41 will take effect from 30 April 2012. These forms have been published with an announcement explaining the reasons for the amendments on the UCPR home page.

Explanatory Note - Amendments to Form 40 and Form 41

These forms have been amended to include a certificate as required under cl 7 of the Oaths Act Regulation 2011. The footnotes to the certificate are enclosed in brackets to indicate that they are optional and do not need to be printed. The only difference in relation to the certificates and footnotes on Form 40 and Form 41 is that the 2nd footnote on Form 40 refers to JP Ruling 003, whereas Form 41 does not include this additional reference. JP Ruling 003, provides a comprehensive list of the forms of identification that the witness may use to confirm the identity of the deponent. Both forms refer to the Oaths Act Regulation.

These new forms will become effective on 30 April 2012. The other UCPR forms incorporating an affidavit will be amended in a similar fashion to Form 41, those amended forms will be published at a later date:

3A�� Statement of claim - filing party legally represented 3B�� Statement of claim - filing party acting in person or by authorised officer 7A�� Defence - filing party legally represented 7B�� Defence - filing party acting in person or by authorised officer 8���� Reply 9��� �Statement of cross-claim 11�� List of documents 22�� Statement of answers to interrogatories 36�� Notice of motion – default judgment on claim for possession of land 36A Notice of Motion - default judgment on claim for possession of land and liquidated claim 37���Notice of motion – default judgment for detention of goods 38���Notice of motion – default judgment for liquidated claim 39���Notice of motion – default judgment for unliquidated damages 46���Notice of motion to pay by instalments – individual 47���Notice of motion to pay by instalments - corporation 53���Notice of motion – examination order 57���Notice of motion – arrest warrant for examination 59���Notice of motion – writ for possession of land 61���Notice of motion - writ for restitution 63���Notice of motion- writ for the delivery of goods 65���Notice of motion- writ for the levy of property 69���Notice of motion – garnishee order 73���Notice of motion – charging order

Explanatory Note - Amendments to Forms 26A, 27A and 29

Form 26A and Form 27A have been amended in relation to the part of the form that deals with proposed access orders. The existing wording reflected District Court Practice Note (Civil) No 8. In December 2011 the Supreme Court published Practice Note SC GEN - 19, which requires proposed access orders; the default access order in the Supreme Court Practice Note is different to the default access order in the District Court Practice Note. The amended wording makes it clear that the default access order that will be made is the one that is appropriate for the jurisdiction that the subpoena is being issued in.

Forms 26A and Form 27A have also been amended by removing a reference to "clear days" in the instructional note appearing after the 2nd paragraph in the Notice to the Subpoena Recipient. The relevant rule (rule 33.3(8)) does not refer to clear days, and it is not appropriate to construe the rule as requiring clear days:

Form 29, Order for Production, has been amended to remove an instructional footnote in the Notice to Producing Party that the last date for service of the order had to be 5 clear days before the return date of the order. This requirement is not supported by the rules which do not specify a time by which an order for production has to be served.

22 March 2012

Legal Aid NSW Specialist Barrister Panel for Criminal Appellate Matters

Thu Mar 22 2012

Legal Aid NSW plans to open the Specialist Barrister Panel (Criminal Appellate matters) from 9� April 2012 to 18 May 2012.�Information about the Legal Aid NSW specialist barrister panel is available on the Legal Aid NSW web site.

The web site contains information on:

•�who can apply •�matters covered by the panel •�the DRAFT information package (to be downloaded and viewed) •�fee rates •�how to apply •�contact information

28 March 2012