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Appointments to note

Wed Aug 22 2012

Craig Mulvey, of 9th Floor Windeyer Chambers, has been appointed as a part-time legal member of the Guardianship Tribunal for the period commencing on 8 August 2012 and expiring on 31 July 2013.

Professor Emeritus Geoffrey Dennis de Quincey Walker has been appointed�as a part-time non-presidential judicial member of the Administrative Decisions Tribunal of New South Wales for the period commencing on 20 August 2012 and expiring on 19 August 2013, to be assigned to the Revenue Division of the ADT.

22 August 2012

Sir Garfield Barwick Address (ADVERTISEMENT)

Wed Aug 22 2012

Members are invited to hear the 3rd annual Sir Garfield Barwick Address delivered by Hon TEF Hughes AO QC, who will be introduced by Hon Malcolm Turnbull MP; questions will be taken at the conclusion of the address. Wednesday, 29 August 2012 at�6.00pm for 6.30pm Castlereagh Hotel 169 Castlereagh Street Sydney.�The address, in honour of Australia's longest-serving chief justice of the High Court, is established to examine a topic of continuing importance which resonates with Barwick's broad areas of interest or involvement.�Tom Hughes is also well-placed to give some personal insights into Barwick, as was last year's speaker, Hon Robert Ellicott QC.�Previous addresses have been published in Bar News.

RSVP sara.heard@hotmail.com who will email you the form for payment.��

The cost is $75 (incl GST) for 3 course dinner including tea and coffee (cash bar) during which address will be delivered.��� (Although organised by a branch of the Liberal Party, the charge is intended to cover estimated expenses of this and future events arranged by the Branch; however, due to political donation laws, only individuals can purchase tickets.)

23 August 2012

Tomorrow: Mistakes in Mediation

Tue Aug 21 2012

Tomorrow, 22 August, at 5.15pm, John West QC and Campbell Bridge SC will present a CPD entitled "Mistakes in Mediation - the best ways to ensure a mediation fails". For full details, please [click here][1].

The seminar has been organised by the NSW Bar Association's ADR Committee.�

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21 August 2012

[1]: http://www.nswbar.asn.au/cpdattachs/Mistakes in Mediation, West QC & Bridge SC, 22 August 2012.pdf

McArdle Legal Mediation and Meeting Rooms (ADVERTISEMENT)

Tue Aug 21 2012

McArdle Legal’s associated service Sydney Mediation Pitt St�offers discrete full service mediation facilities right in the heart of the city of Sydney. If you are a practising mediator, a legal representative, or a party to a dispute, who needs a convenient and properly fitted venue, this facility was designed with you in mind.

21 August 2012

Experience nature's most effective anti-depressant

Tue Aug 21 2012

Laughter is an effective way of building your physical, mental and emotional good health. The Women Lawyers Association of NSW invites members to Laugh, Breathe & Relax,�between 5.30 and 7.30pm on Tuesday, 4 September 2012 at The Law Society of NSW, 170 Phillip Street. Learn more>

30�August 2012

Gageler SC appointed to the High Court

Tue Aug 21 2012

Attorney-General Nicola Roxon has announced the appointment of Stephen Gageler SC as Australia's new justice of the High Court of Australia. Mr Gageler will be the 49th person appointed to the High Court since federation. Mr Gageler's appointment will follow the retirement of the Honourable Justice William Gummow AC in October 2012.

21 August 2012

Common law case note

Mon Aug 20 2012

The Common Law Committee has�released�Practice Update 2, with a case note on self-induced prejudice in State of NSW v Plaintiff A [2012] NSWCA 248. Learn more >

20 August 2012

Volunteers needed for the Benjamin Andrew Footpath Library

Mon Aug 20 2012

The Benjamin Andrew Footpath Library has asked for volunteers from Clayton Utz and the NSW Bar to spend a couple of hours packing books for various hostels in New South Wales at the library’s storage unit at Kennard's Storage in Brookvale. The next session is on Saturday, 25 August at 1pm. A combination of 4 volunteers is required for each session. We have been asked to send two volunteers. If you wish to register for the session, please email Lisa Allen at library@nswbar.asn.au Should you have any questions please do not hesitate to contact Lisa Allen at the Bar Association Library.

21 August 2012

Inquiry to examine modern slavery

Fri Aug 17 2012

The Federal Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade is launching an inquiry into modern slavery in Australia.�The United Nations estimates 2.5 million people worldwide are victims of this crime and 1.2 million of these are children. Between 2004 and 2011, over 300 investigations and assessments of human trafficking and slavery offenses were conducted by the Australian Federal Police. Thirteen convictions resulted.

The committee will accept submissions, preferably by email, until Friday, 28 September 2012.

Further details about the inquiry, including how to make a submission, can be obtained from the committee’s website at http://www.aph.gov.au/jfadt or by contacting the committee secretariat on (02) 6277 2313 or emailing jscfadt@aph.gov.au.

17 August 2012

Insolvency in the NSW construction industry - call for submissions

Fri Aug 17 2012

The New South Wales Government has appointed Mr Bruce Collins QC to chair an independent Inquiry into Construction Industry Insolvency. Minister for Finance and Services Greg Pearce said that the inquiry will look at the extent and causes of insolvency in the NSW construction industry and what reforms are needed to minimise the adverse effects on subcontractors. The deadline for submissions from interested parties is 14 September. Further information about the inquiry can be found here.

30�August 2012

Government proposals concerning the Right to Silence

Fri Aug 17 2012

As reported in In Brief earlier this week, the NSW Government has announced proposals to amend the Evidence Act to allow juries and the judiciary to draw an adverse inference against an alleged criminal who refuses to speak to investigating police, but later produces evidence at trial. The Bar Association has publicly expressed its opposition to the proposals�and will be making representations to the government on the issue. Members may wish to contact their local member of parliament��or the premier�to convey their views. Members may also be interested to know that an Online petition – “Save the Right To Silence”� - has been established to enable the community to register their protest against the proposed laws.

17 August 2012

The prospects for arbitration in Australia

Thu Aug 16 2012

The Australian Maritime and Transport Arbitration Commission (AMTAC) invites members to attend the AMTAC Annual Address 2012, "The Prospects for International Arbitration in Australia", to be delivered by the Hon Patrick Keane, chief justice of the Federal Court of Australia. The address will be�videocast on Tuesday, 25 September 2012 at 5.15pm (for 5.30pm) in the Federal Court, Courtroom No.1, Law Courts Building, Queens Square. Learn more>

31�August 2012

Legally Blonde: The Musical (ADVERTISEMENT)

Wed Aug 15 2012

Book a Dinner On Us package for any Tuesday, Wednesday or Thursday evening performance of Legally Blonde The Musical (Sydney Lyric, The Star – from 5 October) and receive an ‘A’ Reserve ticket plus a one-course pre-show meal with a glass of beer, wine or soft drink at your choice of Flying Fish & Chips at The Star, Oscars Bar & Restaurant Pyrmont or I Bistro at ibis Darling Harbour. Just $99.90 per person plus booking fees. Click here to book>

16 August 2012

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Australian Red Cross Humanitarian Law Perspectives seminar

Wed Aug 15 2012

The annual Red Cross Humanitarian Law Perspectives seminar, which�will be held on Wednesday, 22 August 2012, is on the topic of "Drones, Cyber Warfare and Space – The Evolution of the Battlefield".�It will consider the challenges and opportunities presented by technological advances in warfare, as well as the interaction between the use of technology in armed conflict and international humanitarian law. Learn more >�

15 August 2012

High Court decision on Tobacco Plain Packaging Act

Wed Aug 15 2012

The High Court of Australia has released a short�statement regarding JT International SA�v�Commonwealth of Australia; British American Tobacco Australasia Ltd & Ors� v Commonwealth of Australia [2012] HCA 30. The court will publish its reasons at a later date. Learn more>

15 August 2012

Boulten SC on air over the right to silence

Wed Aug 15 2012

Phillip Boulten SC has appeared on a number of radio programs this morning�to express the Bar Association's opposition to the NSW Government's proposals concerning�the right to silence, including: Radio�National's Breakfast show;�ABC 702's Breakfast Program with�Adam Spencer; ABC 666 Canberra's Morning Program with Alex Sloan.�Transcripts from these interviews�are held in the Bar Library. Boulten SC was also interviewed by the Sydney Morning Herald� and Ch 7 News for their stories on this topic.

15 August 2012

Match report NSW Bar FC v Reserve Bank

Wed Aug 15 2012

Despite having a strong numerical advantage and dominating the game, NSW Bar FC fell just short of the win they needed to leapfrog Reserve Bank with a disappointing 0-0 draw�yesterday, 14 August 2012.

Chances were few with the Bar FC's best opportunity falling to a very surprised (Nick) Newton, who was put through on goal by a great pass from Clark which managed to draw a good save with a low hard shot.

Returning skipper Harris (recovered from a niggling groin) was generally untroubled in goals throughout, although his blushes were saved by the woodwork when a long range shot glanced the cross bar mid-way through the second half.

Clark, Tynan and Afshar all toiled hard in midfield, while Patch was left bereft of opportunities to add to his season's tally (of 1) to stake his claim as leading scorer. He did however offer plenty of encouragement to team mates along with (uncharacteristic) suggestions as to exactly where passes should be played.

Fordham had an excellent game at right back, often coming to the aid of the makeshift central defensive pairing of Gyles and Afshar.

Last Game of the 2012 Season

NSW Bar FC plays second-ranked Treasury United in the last game of the season on Tuesday, 21 August 2012 at 1.15 pm.

With NSW Bar FC out of contention for a semi-finals berth this game is being played for pride alone and to avoid the ignominy of the wooden spoon!

15 August 2012

Coming up in CPD

Wed Aug 15 2012

A number of CPD seminars will be conducted over the coming weeks. As usual, all seminars will be held in the NSW Bar Association Common Room and will commence at 5.15PM.�

On Wednesday 22 August, John West QC and Campbell Bridge SC will present a CPD entitled "Mistakes in Mediation - the best ways to ensure a mediation fails". The seminar has been organised by the NSW Bar Association's ADR Committee.

On Thursday 23 August, Murray Wilcox AO QC and Michael Rennie will present a seminar on the new "Australian Emissions Trading Law which follows the release of their recently published book with the same title.

On Tuesday 28 August, the first of a two part seminar series entitled "A guide to the Work Health and Safety Act 2011" will be presented by The Hon Francis Marks, former Judge of the Industrial Court of NSW. Arthur Moses SC will be providing comment and The Honourable Justice Blanch AM, Chief Judge of NSW, will be chairing the session. The second seminar in the series will be conducted on 19 September. Full details for both are available online.

On Wednesday 29 August, The Forbes Society Legal History Discussion Group will be meeting to hear Philip Selth OAM discuss his research on "The Court Martial of Captain John Joseph Murphy".

On Thursday 30 August, K. C. Ramrakha will be presenting a paper on "Overcoming cultural and language barriers in court proceedings with non-English speakers". The seminar has been initiated by the NSW Bar Association's Equal Opportunity Committee and will be chaired by Ashok Kumar.

20 August� 2012

NSW Government to amend the right to silence

Tue Aug 14 2012

The NSW Government has foreshadowed amendments to the Evidence Act to allow juries and the judiciary to draw an adverse inference against an alleged criminal who refuses to speak to investigating police, but later produces evidence at trial. Attorney General Greg Smith SC said the right to silence was an important legal principle but it was too easily exploited.

14 August 2012

CPD: Change of Date

Tue Aug 14 2012

The seminar on Taxation Appeals in the AAT that was originally scheduled for tomorrow, 15 August, has been moved to November (date TBC). More information will be made available through In Brief in due course.

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14 August 2012