InBrief

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.

President’s report

The senior vice president advised that the president was in a trial in Newcastle that had gone over and so she was unable to make the meeting. He advised that among other duties in the past few weeks on behalf of the Bar Association the president had attended the following:

• ‘15 bobber’ for Justice Nye Perram -�12 September
• Tristan Jepson Memorial Lecture by Professor Ian Hickie of the Brain and Mind Research Institute -�18 September.�The president had introduced and chaired a panel discussion of law deans from Sydney University, UNSW, UTS and Wollongong University after the lecture given by speech Professor Hickie.
• Dinner in Canberra to mark the 75th anniversary of the establishment of the Law Council of Australia -�19 September
• Directors’ meeting, Law Council of Australia, Canberra -�20 September
• Clarke/Haneef Inquiry Open Forum, Sydney -�22 September
• Public Interest Law Clearing House function -�24 September. The president had given an address entitled ‘Lawyering as Emotional Labour’ with James O’Loughlin, who spoke on ‘work/life balance’.
• Federal Criminal Justice forum, Canberra -�28-29 September
• new silks appointments announced - 2 October
• Human Rights Conference, Melbourne -�2-3 October:

Parliamentary drinks

The senior vice president noted that on 24 September he had hosted in the Common Room the annual Bar Association drinks for state members of parliament with law qualifications.

Swearing in and welcome for the Hon Justice Julie Ward, Supreme Court of New South Wales - 29 September

The senior vice president advised that he had spoken on behalf of the Australian Bar Association and the New South Wales Bar Association at the welcoming ceremony for Justice Ward. The president had been at the bar table. The president was in Canberra at the time attending the Federal Criminal Justice forum.

Bar Council elections – polling officers

Pursuant to clause 14.7.1 of the Bar Association Constitution, the Bar Council appointed as polling offices for the forthcoming Bar Council elections the following members of the bar:

Lucan B Gorham Joshua P Knackstredt Caroline C Spruce Jennifer A English; Graham A F Connolly David A Lloyd Daniel J Tynan

Resignation of Robert Macfarlan QC as a director of the Barristers Sickness & Accident Fund and proposed appointment of Stephen Climpson

Bar Council resolved to approve the nomination of Stephen Climpson as a director of the Barristers Sickness & Accident Fund Pty Ltd as the replacement for Robert Macfarlan QC who tendered his resignation as a director on his appointment to the Supreme Court bench.

Common Law Committee paper – police ‘hurt on duty’ appeals

The Bar Council noted the history of this issue and the original correspondence from Richard Perrignon raising the possibility of legislative amendment in this area. The Common Law Committee’s paper was discussed and in accordance with its recommendation the council resolved that there was no need for legislative change in this area.

Practice Note DC (Civil) No. 13 – amendments to case management

The Bar Council considered the memorandum from the chair of the Common Law Committee and noted the committee’s view that that, given that the Practice Note was already in force, the court would be unlikely to make changes to it in response to representations at this early stage.

After discussion, the Bar Council resolved:

(a)�that the president write to the president of the Law Society in the terms of the draft letter attached to the memorandum prepared by Khandhar, drawing his attention to the Practice Note and suggesting that both organisations keep the operation of the new procedures under review;

(b)�that the president write to the chief judge advising that the association is concerned about the potential ramifications of the Practice Note and indicating that the association will be monitoring its impact over the next few months with a view to making further representations if that impact proves to be negative; and

(c)�an article be prepared for In-Brief drawing the attention of members to the Practice Note and suggesting that they can bring any examples of problems experienced under it to the association’s attention.

Workers Compensation Act 1987 – papers from the Common Law Committee

The Bar Council considered the memorandum from the chair of the Common Law Committee.

Khandhar and the director, law reform and public affairs outlined the effect of the proposed amendments to section 151Z of the Workers Compensation Act 1987. The Bar Council noted the committee’s view that those amendments were the most important of those proposed by the committee, as they would correct a substantial injustice posed to injured workers as a result of the operation of the current section.

It was resolved that the proposed amendments to section 151Z be submitted to the government by way of a single paper and covering letter.

It was further resolved that the proposed amendments involving contributory negligence and deemed employees be submitted to government by way of a paper and covering letter separate from that dealing with the correction of anomalies in the Act.

19 November 2008

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