InBrief

Proposed amendments to the New South Wales Barristers Rules concerning cross-examination

The Bar Council has considered all the submissions it received on the proposed rule changes together with the remarks made at the general meeting of the Bar on 7 April.� Yesterday it resolved to circulate for comment amendments to the rules that take into account everything that has been said on the subject.

A copy of the new proposal is attached.

Anyone wishing to be heard (whether in support or with other suggestions) should submit his or her comments by email to president@nswbar.asn.au or by mail to the President at NSW Bar Association, 174 Phillip Street, Sydney. 2000.� All comments must be received by close of business on Friday 16 May 2008.

The new proposal removes the suggested changes to rule 35 so that rule 35 would be unaltered from its present form and adds new rules 35A and 35B.

Rule 35A is directed solely to the cross-examination of complainants who make allegations of sexual assault, whether the proceedings are criminal or civil.� Rule 35B qualifies the operation of the rule and picks up the substance of s 275A(3) of the Criminal Procedure Act and s 41(3) of the Evidence Act (as amended).

The Bar Council will consider any comments it receives on this new draft.� A final position will not be taken until after the time for comment has expired.

Anna Katzmann SC 2 May 2008

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