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AACL seminar on the "The Principle of Legality"

Thu Oct 30 2014

The next Australian Association of Constitutional Law seminar is on Wednesday, 5 November 2014 at 5.30pm in Court 18B, Federal Court of Australia. Mr Brendan Lim will present a paper on "The Principle of Legality". The commentators are his Honour Justice Perram and Associate Professor Dan Meagher. The Honourable Murray Gleeson AC QC will chair the event.

In accordance with the "principle of legality" or "clear statement principle", courts will not construe statutes to abrogate certain common law rights unless very clear words require them to do so. Why? Is it because of fidelity to legislative intention? Is it because substantive legal values recommend the course regardless of legislative intention? The answer matters because the principle of legality should not be extended beyond its rationale. The rationale for the principle of legality will tell us which rights engage the principle, and it will tell us what kind of legislative clarity is needed to displace the principle. On one view, rights are called 'fundamental' because they are rights that the parliament does not in fact intend to abrogate. On another view, rights are 'fundamental' in a more objective sense, because they are recognised to be 'important', or perhaps because they are 'vulnerable' in the sense that the ordinary political process is inherently inapt to protect them. The paper will explore these themes in the context of recent cases, building on the author's work in "The Normativity of the Principle of Legality" (2013) 37 Melbourne University Law Review 372.

Commentators: The Hon Justice Nye Perram (Federal Court of Australia), Associate Professor Dan Meagher (Deakin University) Chair: The Hon Murray Gleeson AC QC
Venue: Federal Court, Queens Square, Sydney, Court 18B, 5:30 pm

The event is open to members. Membership of AACL is $70 per annum. Among other benefits, it confers the right to attend AACL events (4-5 seminars per year). Membership applications are accepted at the door. Learn more here.

Vale Kenneth Victor Taylor AM, AM (Mil), RFD (1943-2014)

Thu Oct 30 2014

Kenneth Taylor, former District Court judge, and formerly of Blackstone Chambers and Nigel Bowen Chambers, died on Wednesday, 29 October 2014. A memorial service will be held next week, with further details to be advised to members.

Swearing-in for DCM O'Brien

Wed Oct 29 2014

Magistrate Christopher O’Brien will be sworn in as a deputy chief magistrate at 9.00am on Monday, 3 November 2014 in courtroom 5.2 of the Downing Centre. Arthur Moses SC will speak on behalf of the New South Wales Bar. Wigs and gowns are not to be worn.

2014 senior counsel presentation ceremony

Wed Oct 29 2014

Newly appointed senior counsel will be presented with their appointment scrolls on Wednesday, 5 November 2014, at 5.15pm in the Bar Association’s Common Room, with the scrolls being presented by Bathurst CJ at 5.45pm. Members and their guests are most welcome to attend the function.

P A Selth


Executive Director

Swearing-in ceremony for Justice Wilson

Wed Oct 29 2014

Judge Helen Wilson SC has been appointed to the bench of the Supreme Court of NSW and a formal ceremony to mark the occasion will be held in the Banco Court on Monday, 3 November 2014 at 9.00am. President Jane Needham SC will speak on behalf of the New South Wales Bar. Wigs and gowns are to be worn. Senior counsel should wear full-bottomed wigs.

Swearing-in for Jane Culver

Wed Oct 29 2014

Jane Culver will be sworn in as a judge of the District Court at 9.00am on Wednesday, 29 October 2014. Ian Temby QC will speak on behalf of the New South Wales Bar.

Reinvigorate Your Practice in 2015

Tue Oct 28 2014

A new year is fast approaching and now is the time to act strategically to gain a competitive edge.

Current market forces and a progressive legal environment are fundamentally challenging conventional practices. With increasing competition and the rapid expansion of social media as a means of attracting new clients, barristers must be receptive, adaptive, have clear strategic direction and spend quality time investing in their practices to project a powerful and distinctive professional image.

As a limited offer for January 2015, LawConnexion is offering, to the first 50 barristers, a ‘brand refresh’. Read more here.

Mediator Chat tonight

Tue Oct 28 2014

The Mediation Practice Group, a sub-committee of the Bar Association's ADR committee, will be hosting a "Mediator Chat" on "Med-Arb - it's the unloved mongrel of ADR" tonight at 5.30pm in Silks Coffee Lounge, 170 Phillip Street. The guest speakers will be John West QC and Mark Dempsey SC.

"Mediator Chat" is an opportunity for ADR practitioners at the NSW Bar to get together in an informal social environment, with the bonus that at each function a topic relevant to mediators will be discussed in a light hearted way.

The cost of $30 is payable at the door and will include two drinks (wine/beer/soft drink or mineral water) and assorted canapés.

For catering purposes, please RSVP to Julie Soars on ph: (02) 8224 3017 or soars@sevenwentworth.com.au or Deborah Robinson on ph:(02) 8224 3008 or robinson@sevenwentworth.com.au by 23 October.

Bar Association office hours

Tue Oct 28 2014

Due to scheduled electrical work, the Bar Association offices and the Bar Library will close at 4.00pm this Friday, 31 October 2014.

Forbes Society legal history tutorial

Tue Oct 28 2014

Tomorrow, Wednesday, 29 October 2014, Professor Shaunnagh Dorsett (of the UTS Law School) and Larissa Reid (of the Law Courts Library) will present a legal history tutorial on "Sources of Law in the Early Years of the Colony of NSW".

The tutorial will commence at 5:10pm and conclude no later than 6:10pm.

The venue will be Court Room No 1 in the Hospital Road Court Complex, with entry via the chambers of Lindsay J.

Light refreshments will be served.

Everybody is welcome.

Our presenters have each undertaken original research on their topic. Shaunnagh has played a leading role in the recovery of our early colonial case law, in NZ as well as in Australia. With her professional skills as a librarian to the fore, Larissa has thrown new light on the legal texts used by NSW colonial lawyers in everyday practice.

Tonight in CPD

Tue Oct 28 2014

Tonight at 5.15pm, a seminar will be held in the Common Room: "Chapter II of the Constitution" presented by Justin Gleeson SC and Anna Mitchelmore and chaired by Neil Williams SC. For full details please download a flyer here

CPD in November

Mon Oct 27 2014

A number of seminars will be held in the Common Room in the coming months. Coming up in November:

Monday, 10 November: "The Real Trial of Breaker Morant". Presented by Craig Wilox and chaired by Jane Needham SC. For full details please download a flyer here

Tuesday, 11 November: "Foundation Financial Strategies". Presented by Kate McCallum and Tony Clark and chaired by Callan O’Neill. For full details please download a flyer here

Wednesday, 12 November: "Commonwealth Crime". Presented by Wendy Abraham QC and chaired by David Scully. Details to follow.

Monday, 17 November: "The Inaugural Spigelman Public Law Oration. Presented by The Honourable Justice Stephen Gageler and chaired by the Honourable Justice Alan Robertson. For full details please download a flyer here

Tuesday, 18 November: "Male, Female or Non-Specific: NSW Registrar of Births, Deaths and Marriages v Norrie. Presented by David Bennett AC QC, Joanna Davidson and Norrie. For full details please download a flyer here

Wednesday, 19 November: "2014 Forbes Lecture". Details to follow.

Tuesday, 25 November: "60 Web Sites in 60 Minutes" presented by Philippe Doyle Gray, Nigel Cotman SC, Nicolas Kirby and James Mack. For full details please download a flyer here

Tomorrow in CPD

Mon Oct 27 2014

Tomorrow night at 5.15pm, a seminar will be held in the Common Room: "Chapter II of the Constitution" presented by Justin Gleeson SC and Anna Mitchelmore and chaired by Neil Williams SC. For full details please download a flyer here

Tonight in CPD

Mon Oct 27 2014

Tonight a seminar will be held in the Common Room at 5.15pm: "Regulation 176 and Best Practice Guidelines". It will be presented by Penny Thew and chaired by Trish McDonald SC. For full details please download a flyer here

Law Society launches its 2015 Election Policy Platform

Mon Oct 27 2014

The Law Society of New South Wales has released its 2015 Election Policy Platform. Balance.Rights.Justice. encompasses sentencing, bail, workers compensation, CTP motor accident insurance and access to justice. Read the policy here.

The inaugural Spigelman Public Law Oration

Mon Oct 27 2014

The inaugural Spigelman Public Law Oration will be delivered in the Bar Association Common Room at 5:15pm on Monday, 17 November 2014 by the Hon Justice Stephen Gageler of the High Court of Australia. The subject will be Deference. The oration will be followed by the annual dinner of the Public Law Section (formerly the Constitutional and Administrative Law Section) of the NSW Bar. Registration for the dinner is due by 31 October. Learn more here.

Private screening of Charlie's Country is on tomorrow night

Mon Oct 27 2014

Over a number of years, many members of the bar have donated generously to support the philanthropic work of the Indigo Foundation. At 5.30pm tomorrow, the foundation will host a private screening of Rolf de Heer's award winning film Charlie's Country. Learn more here.

Protocol at ceremonial sittings

Fri Oct 24 2014

Members are advised that the existing practice whereby members of the bar stand during speeches given on behalf of the New South Wales Bar at judicial swearing-in and retirement ceremonies continues to be appropriate in federal as well as state courts.

Broadcasting judgments

Fri Oct 24 2014

On 21 October 2014 the Supreme Court Rules Committee approved an amendment to the Supreme Court Rules that will insert a new Part 13 into the Rules. The new Part will deal with applications to record and broadcast judgment remarks in the Supreme Court. The Courts Legislation Amendment (Broadcasting Judgments) Act 2014 makes amendments to the Supreme Court Act which provides that there will be a presumption in favour of allowing the broadcast of judgment remarks. That amendment will commence on Monday, 27 October 2014. These new rules will commence on the same day.

2014 Pink & Blue Ribbon Breakfast – A huge success

Fri Oct 24 2014

The New South Wales Bar Association Pink & Blue Ribbon Breakfast supporting the National Breast Cancer Foundation (NBCF) and the Prostate Cancer Foundation of Australia (PCFA) was an amazing success this morning with over $4,000 raised for the charities, the highest amount of funds this event has raised. We would like to thank all who attended the breakfast, bought raffle tickets and made donations to these two wonderful causes.

A huge thank you needs to be given to a number of businesses and members of the NSW Bar Association members that donated raffle prizes: Aria Restaurant, Subsolo, Elixr Health Clubs, Hair @ Wentworth, Fit For Dreams personal training, Lantern books, Boon chocolates, Almond Bar, Silks Coffee Lounge, Society Caffe Bar, LexisNexis and Encore beauty studio.

Lastly, a big thank you to the EO Committee for their contribution to the breakfast, especially Sally Dowling SC.

We look forward to seeing you all next year.

Bar Council business for October

Fri Oct 24 2014

Bar Council met on 9 and 16 October 2014 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 for 9 October 2014 and 16 October.

Coming up in CPD next week

Fri Oct 24 2014

A number of seminars will be held in the Common Room in the coming months. Coming up next week is: Monday 27 October: "Regulation 176 and Best Practice Guidelines". Presented by Penny Thew and chaired by Trish McDonald SC. For full details please download a flyer here

Tuesday 28 October: "Chapter II of the Constitution" presented by Justin Gleeson SC and Anna Mitchelmore and chaired by Neil Williams SC. For full details please download a flyer here

Barristers interested in arbitration and ADR

Thu Oct 23 2014

There will be a gathering for twilight drinks and a light-hearted presentation at Silks Coffee Lounge on Tuesday, 28 October at 5.30pm. The topic for the evening will be "Med-Arb - it's the unloved mongrel of ADR". Guest speakers are John West QC and Peter Callaghan SC.

This is an opportunity for ADR practitioners at the NSW Bar to get together in a social environment, hear from experienced practitioners and be involved in the discussion that follows.

The cost of $30 is payable at the door and will include 2 drinks (wine/beer/soft drink or mineral water) and assorted canapés.

For catering purposes, please RSVP to Julie Soars on 8224 3017 or soars@sevenwentworth.com.au or Deborah Robinson on ph: (02)8224 3008 or robinson@sevenwentworth.com.au by 24 October.

Diploma in International Commercial Arbitration Course

Thu Oct 23 2014

The Chartered Institute of Arbitrators (Australian Branch) – Diploma in International Commercial Arbitration course will be held in Sydney from 18 to 26 April 2015. Candidates will be taught the practice of international commercial arbitration. Places are strictly limited. For further information or to register for the course, please complete and return the registration form available here.

Appointment to the District Court

Thu Oct 23 2014

Attorney General Brad Hazzard today announced the appointment of Deputy Chief Magistrate Jane Culver as a judge of the District Court of NSW. Learn more here.