Centenary of the Court of Criminal Appeal

Wed Oct 24 2012

On 3 December 2012, the Hon Greg Smith SC MP, attorney general and minister for justice, is hosting a dinner to mark the centenary of the establishment of the Court of Criminal Appeal. Learn more>

24 October 2012 �

Election of 2013 Bar Council - how many candidates may you vote for?

Wed Oct 24 2012

Ballot papers for the election of the 2013 Bar Council have been mailed to all those eligible to vote.� Any member who has not received their ballot paper by COB Friday, 26 October and who wishes to cast a vote should contact the Bar Association’s certification officer, Mr Barrie Anthony, on ph. 9232 4055 or e-mail

A change in the Bar Association’s Constitution last year means there is no longer a requirement to vote for a minimum number of senior counsel. Members may vote for up to 21 candidates in any category.

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.

The ballot closes at 5.00pm on Thursday 8 November 2012.

P.A. Selth Executive Director & Returning Officer

24 October 2012

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

Tue Oct 23 2012

The following case/s will be published in a forthcoming volume of NSWLR: Western Sydney Conservation Alliance v Penrith City Council [2011] NSWLEC 244 Baker and Others v Paul and Others [2012] NSWSC 392 QBE Insurance (Australia) Ltd v CGU Workers Compensation (NSW) Ltd [2012] NSWSC 377 CSR Ltd v Wallaby Grip Ltd [2012] NSWCA 154

Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125 Carey v Australian Broadcasting Corporation [2012] NSWCA 176 Lockrey v Historic Houses Trust of New South Wales [2012] NSWCA 249

For further information, please contact the Council of Law Reporting office: 9266 0768.

23 October 2012

Bar Football State of Origin tournament

Tue Oct 23 2012

The 2nd Annual Sports Law Conference and Bar Football "State of Origin" tournament took place in Melbourne last Saturday, 20 October 2012.

The touring party from NSW consisted of Houda Younan, David Patch, Rohan de Meyrick, Graham Turnbull SC, Anthony Lo Surdo SC, Vahan Bedrossian, Daniel Tynan, Gillian Mahony, Hon Justice Geoff Lindsay, David Stanton, Craig Bolger, Pouyan Mazandara, Greg Watkins, Simon Philips, Cameron Jackson, Faraz Maghami, Michael Fordham SC, Adrian Canceri and Alex Kuklik each of whom should be congratulated for their� contribution to the success of the day.

With the generous support of the Victorian Bar Association the Sports Law Conference was held in the Neil McPhee Room in Owen Dixon Chambers. In excess of 50 barristers from the NSW, Victoria and Queensland bars were informed and entertained by Ian Prendergast, General Manager Player Relations of the AFL Players Association, Stephen Lee of the Queensland Bar, Chris Nikou from Middletons and Graham Turnbull SC.

The organisers are indebted to the Victorian Bar Association which made available its facilities and staff thus ensuring the success of the conference and, in particular, its Chair Melanie Sloss SC, who also attended all sessions of the conference and the tournament. Ms Sloss was presented with a NSW Bar FC commemorative cap.

The tournament was held at the Darebin International Sports Centre on an artificial surface. The stakes including, most importantly, bragging rights were high as NSW Bar FC defended the Suncorp NSW Bar v Vic Bar Perpetual Trophy and for the Suncorp NSW Bar – Vic Bar – Qld Bar Perpetual Trophy.� As undefeated champions NSW Bar FC headed into the tournament strong favourites.

NSW Bar FC was able to hold off an enthusiastic home team to a narrow 2-1 win to retain the Suncorp NSW Bar v Vic Bar Perpetual Trophy. Each of the NSW Bar FC goals was slotted by Bedrossian following magnificent teamwork especially in the hard working midfield. Fordham SC took the gong for best and fairest.

The ever competitive Queenslanders were dressed to impress and this they did. First, they humbled the Victorians by a 4-0 drubbing. There then followed by far the best game in the three years of the "State of Origin" series as NSW Bar FC and Queensland battled it out for the pride of taking home the coveted trophy. First blood went to Bedrossian again after some impressive team play. The Queenslanders struck back. Both sides had opportunities which they failed to convert and in the end had to settle for a 1-1 draw. With the "State of Origin” series tied at one win and one draw apiece to each of NSW and Queensland the Perpetual Trophy was awarded to Queensland which had the superior goal difference at the end of the tournament. Bedrossian was the worthy recipient of the best and fairest in this game.

Though NSW Bar FC lost the silverware it remains undefeated a fact not too subtly made at the presentation ceremony.

Thanks also to the Hon Justice Geoff Lindsay who officiated at the presentation ceremony immediately following the tournament.

The Annual Sports Law Conference and Bar Football "State of Origin" moves to Sydney in 2013.

A full report (with appropriate glossy photographs) will appear in the next edition of Bar News.

23 October 2012

Ombudsman reports on NSW Police use of Tasers

Tue Oct 23 2012

The New South Wales Ombudsman's Office has released its report, How Are Taser Weapons Used by NSW Police? The investigation began in October 2010 and evaluated data relating�556 individual police Taser use incidents.�The report�supports the ongoing use of Taser weapons by the NSWPF and concluded that�"the accountability framework was strong and in most cases worked well".

23 October 2012

Applied Research in Crime and Justice Conference 2013

Thu Oct 18 2012

The NSW Bureau of Crime Statistics and Research is convening a conference on applied research in crime and criminal justice on 27-28 February 2013 at the Sydney Convention and Exhibition Centre, Sydney. The conference will showcase high quality Australian and international research in the areas of policing, offender rehabilitation, situational crime prevention, corrections, early-intervention and criminal justice administration. To view the program, or to register, visit the conference web site>

18 October 2012

Publications to note: Law Council Review

Thu Oct 18 2012

The Law Council of Australia has published the third edition of its quarterly publication _Law Council Review,�_featuring articles on the making of the Afghan Bar Association, a national census of the legal profession, the new Federal Court fee structure and more. View the journal online or by downloading a pdf from the Law Council's website.

18 October 2012

Banco Court reopening ceremony on 3 December

Thu Oct 18 2012

The Supreme Court will hold a ceremony to mark the re-opening of Banco Court�on 3 December 2012 at 9.30am. Attorney General Greg Smith SC will speak on behalf of the New South Wales Bar.

18 October 2012

Specialist ABA conference on litigation

Wed Oct 17 2012

In addition to the main conference to be conducted by the ABA in Rome next year, there will also be a smaller, specialist conference in Bologna on 26 and 27 June 2013 on the subject of improving litigation. Learn more>

17 October 2012

WIRO guidelines for legal assistance and information for practitioners

Wed Oct 17 2012

The new WorkCover Independent Review Office (WIRO) has�provided the Bar Association with documents relating to the lndependent Legal Assistance and Review Service. Any Australian Lawyer can apply to be an Approved Legal Services Provider�and the documentation provides for barristers to apply. The Grants Allocation guidelines also separately�allow for the briefing of counsel by solicitors with WIRO’s authorisation. The documents also appear on WIRO’s website at:

17 October 2012

Changes in Tutor Policy

Tue Oct 16 2012

On 20 September 2012 the Bar Council approved a new Tutor Policy.� The previous policy was reviewed as part of a broader investigation into assistance provided to new barristers.�The new policy, recommended by the Education Committee in consultation with the New Barristers Committee and after comment from the wider Bar, sets out how many readers a tutor can accept, and what role each of the tutors will play. Information on the new policy can be found on the Bar Association website.

16 October 2012�

Nominations have closed for the election of 2013 Bar Council

Mon Oct 15 2012

Nominations for the 2013 Bar Council closed at 4.00pm today.�Thirty senior counsel and 40 members of the junior bar (including 6 under 5s) have nominated. An acknowledgment of the returning officer’s receipt of the nomination has been sent to each candidate. If any candidate has not received an acknowledgment they should immediately contact Ms Kim Kemp at the Bar Association on ph 9232 4055, or e-mail before 1.00pm on Tuesday 16 October 2012 when the ballot paper will be finalised. Ballot papers will be posted by Friday 19 October 2012 when the ballot opens.

PA Selth Returning Officer

15 October 2012

Bar Council business for 20 September 2012

Mon Oct 15 2012

Bar Council met on�20 September�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>

15 October�2012

Follow the Family Court on Twitter

Mon Oct 15 2012

The Family Court has launched its first Twitter account. A�six month pilot will be held to test the effectiveness of using Twitter as another channel to provide information about the court and its services to our clients and stakeholders. Following a review of the pilot, consideration will be given to establishing a similar account for the Federal Magistrates Court. Follow�them on Twitter @FamilyCourtAU for the latest updates on news, information, services and judgments.

15 October 2012

Receiving Laws / Giving Laws: ANZ Law and History Society Conference

Fri Oct 12 2012

General Registration has opened for the Australia New Zealand Law and History Society Conference in December at UTS. A number of Forbes members, and members of the New South Wales Bar more generally, are presenting papers and�all are invited to�attend. For more information, including a draft schedule, or to obtain a registration form, visit the conference web site.�Registrations can be returned by email to, by fax to +612 9514 3488, marked to the attention of Shaunnagh Dorsett or by mail to PO Box 123, Broadway, NSW 2007.

22 October 2012

Law Council announces Indigenous awards

Fri Oct 12 2012

Law Council President�Catherine Gale today congratulated the 2012 Indigenous Lawyer of the Year, Ms Terri Janke, and the Indigenous Law Student of the Year, Mr Peter Dawson. Learn more>

12 October 2012

Common Law Practice Update 9

Fri Oct 12 2012

The Bar Association's Common Law Committee has released Practice Update 9, with case notes on Barclay v Penberthy [2012] HCA 40; Actone Holdings Pty Ltd v Gridtek Pty Ltd [2012] NSWSC 991 and Sections 94, 106 and 126 Motor Accidents Compensation Act 1997.

12�October 2012

Final Reminder Nominations for 2013 Bar Council

Fri Oct 12 2012

Members are reminded that nominations for election to the 2013 Bar Council close at 4.00pm on Monday 15 October 2012. Any member who has not received a nomination form can obtain one from the Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail ). All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the Returning Officer.� A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the Returning Officer should immediately contact Ms Kim Kemp at the Bar Association on ph 9232 4055, or e-mail.

PA Selth Executive Director & Returning Officer

12 October 2012

What role for the Human Rights Commission? (ADVERTISEMENT)

Thu Oct 11 2012

The Anglo-Australasian Lawyers Society invites members of the bar to a breakfast session on "Asylum Seekers, Marriage Equality and Racial Vilification: What role for the Australian Human Rights Commission?" by Professor Gillian Triggs,�president of the Australian Human Rights Commission. It will take place on Wednesday, 17 October 2012 at 7.30am for 7.45am concluding at 9.00am.

Bookings: By Friday,�12 October. Cost (incl GST): AALS Members : $53 pp Non-AALS members : $65 pp Enquiries: Christina Bunbury email

11 October�2012

2013 Silks Presentation Ceremony

Wed Oct 10 2012

Newly appointed senior counsel will be presented with their appointment scrolls on Wednesday, 6 November 2013 at 5.15pm in the Bar Association’s Common Room, with the scrolls being presented by Chief Justice Bathurst at 5.45pm. Members and their guests are most welcome to attend the function.

28 October 2013