No. 110 (Jan/Feb 2004)
Bar Brief
THE MONTHLY NEWSLETTER FROM THE NEW SOUTH WALES BAR ASSOCIATION
Servants of all
yet of none
ISSN No: 1443-6132
Practice and procedure
in the Land and
contents
➔
2 President’s Column
➔
2 Appointments
Environment Court 3 Continuing professional
development in 2004
The Chief Judge of the Land and Environ- costs in planning appeals (and other 4-7 IBA 2004 Conference – NZ
➔
ment Court, the Hon Justice Peter class 1, 2 and 3 proceedings); 8-9 2004 Bar Association committees
McClellan, has announced changes to and working parties
• confirming the power of commissioners
practice and procedure in respect of merit of the court to make costs orders with 10 R v K [2003] NSWCCA 406
review matters and pre-hearing practice the concurrence of the Chief Judge;
directions. 11 Letters to Editor
➔
• investing commissioners with the power
The changes to merit review procedures, to make consent orders in planning
Papers to note
announced on 19 December 2003, will take appeals; Security screening in NSW
effect from 2 February 2004.
• investing judges and commissioners courts
These changes include: with the power to conduct callovers and 13 Professional Development –
• the creation of a new basis for awarding 2004 Year Planner
Continued on page 8
❖ ❖ ❖ ❖
Australia Day honours 2004
The Bar Association congratulates the following recipients of 2004 Australia Day honours:
The Hon Justice Ruth McColl, Officer of the Order of Australia (AO)
For service to the law, to continuing professional development and education, particularly for women, and to the community in matters
affecting Indigenous groups and youth.
Ian Temby QC, Officer of the Order of Australia (AO)
For service to the law, particularly in developing the role of the independent prosecutor in the Australian criminal justice system.
The Hon Justice Reginald Blanch, Member of the Order of Australia (AM)
For service to the judiciary and to the administration of the civil and criminal justice systems in New South Wales.
❖ ❖ ❖ ❖
The Sir Maurice Byers Lecture
What’s wrong with top-down legal reasoning?
The 2004 Sir Maurice Byers Lecture will be held on Thursday, 26 February 2004 at 5.30pm in the Bar Association’s
Common Room.
The address will be given by the Hon Justice Keith Mason AC, President of the New South Wales Court of Appeal.
Refreshments will be served following the address. All members of the Bar Association and interested members of the public are welcome to
attend.
The entry fee is $10. Please register by returning the registration slip on the last page.
For further details contact:
The Event Co-ordinator,
Travis Drummond
Ph: (02) 9229-1720, e-mail: tdrummond@nswbar.asn.au
Make www.nswbar.asn.au your home page
Make 1 110
Bar Brief – Edition No. 105
A message Appointments
Industrial Relations Commission of NSW
from the Conrad Staff, a managing partner at Jones Staff & Co., has been appointed as a deputy
president of the Industrial Relations Commission of New South Wales, effective 3
President February 2004.
NSW District Court
Mark Marien SC has been appointed as a judge of the District Court of New South Wales,
effective 3 February 2004.
Dust Diseases Tribunal
The Hon Judge Walker QC has been appointed as a member of the Dust Diseases Tribunal,
effective 18 December 2003.
Administrative Decisions Tribunal of New South Wales
Alison Stenmark SC has been appointed as a part-time non-presidential judicial member
of the Legal Services Division, Administrative Decisions Tribunal for a period of three
years, effective 13 January 2004.
Public defenders
Belinda Rigg has been appointed as an acting public defender, effective 27 January 2004 –
26 July 2004.
Crown prosecutors
Wayne Roser has been reappointed as an acting deputy senior crown prosecutor, effective
1 January 2004 – 30 June 2004.
The following have been reappointed as acting crown prosecutors for the periods shown:
I recently had an opportunity to meet
with Roger Dive, the Chief Magistrate in Simon Apps 1 January 2004 – 30 June 2004
the Childrens’ Court. A large number of Jillian Cash 20 December 2003 – 30 June 2004
very significant issues were discussed. Gary Corr 1 January 2004 – 30 June 2004
Of particular interest to the Bar is the John Favretto 1 January 2004 – 30 June 2004
fact that there are at present a very small Gina O’Rourke 1 January 2004 – 31 December 2004
number of barristers who regularly Raymond Willis 1 January 2004 – 30 June 2004
practise in this jurisdiction. This has a ❖ ❖ ❖ ❖
number of significant disadvantages for
the court. For example, magistrates are
called upon to decide critical issues of
disputed fact on areas such as the cause 2004 Bench & Bar Dinner
of ( often ) severe injuries to infants and
children, the truth often lying behind
competing expert opinions of the most Date:
technical kind. The court is very often in
the hands of counsel as to how these
Friday 14 May 2004
diputes pan out and the need for first rate
cross-examiners is high. Moreover, the Venue:
general subject matter of the court’s The Westin Hotel
inquiries usually involves matters of
considerable sensitivity, requiring a
No.1 Martin Place, Sydney
particularly skilful form of advocacy.
Start Time:
The recent legislative assaults upon some
traditional areas of barristers’ work will
7pm for 7.30pm
inevitably mean that many barristers are
actively in search of new work. The New Dress:
South Wales Bar Association is planning a Formal
series of CPD seminars on the Childrens’
Court with a view to offering retraining to
those who may wish to acquire an
additional specialty. I would actively Further details will be announced
encourage any members who might be closer to the date.
interested.
Make www.nswbar.asn.au your home page 2 Bar Brief – Edition No. 110
Continuing
professional NO WIN / NO FEE
development in ECONOMIC
2004
By Chris D’Aeth
LOSS
Director, Professional Development
The Bar Association’s Continuing Professional Development
Programme re-commences on Tuesday, 3 February 2004 at 5:15pm
REPORTS
in the Bar Association Common Room with a seminar by Michael
Eagle (Edmund Barton) on occupiers’ liability. We are a specialised company with highly
qualified accounting and other professional
Full details of the CPD programme and accredited events can be
found on the Professional Development Department’s homepage consultants with significant litigation experience
on the Bar Association’s web site. at all levels.
2004 is already looking positive for the breadth and depth of CPD
seminars that will be on offer. Contained in this edition of Bar x Consultants with over 30 years experience
Brief is a 2004 year planner indicating the major CPD events and
functions for the year ahead. Hard copies of the calendar are
x Rapid reporting service
available from the Bar Association reception. x No Win / No Fee – subject to our
The Bar Association will continue to offer its high quality CPD acceptance of your instructions
programme to members of the Bar Association free of charge in
the Bar Association Common Room on Tuesday and Wednesday
Let us assist you today
evenings.
Occasionally some speakers can only be accommodated on other
Economic Loss Reports & Forensic
days, but members will be kept informed via the Daily Brief e-
mail. Accountant’s Reports for Claims of all types
In addition to the general programme, a CPD intensive will run
from Monday 21 June to Wednesday 30 June 2004, (except Friday x Insurance Claim reports
25 June). x Commercial Evaluations
Every week-day evening there will be two seminars in the Bar
Association Common Room to allow members to rapidly
x Family Law Asset Assessments
accumulate their CPD points prior to the end of the practising x Loss of Business Income
certificate year.
x Business Valuations
Last year’s successful mini-conferences, organised in partnership
with universities in NSW and the ACT, proved very successful and x Financial and Other Investigations
this year the programme has been extended to include a
partnership with the University of Wollongong. The dates for the
mini-conferences are on the year planner and programmes will be PERSONAL INJURY SUPPORT
published on the Professional Development Department’s home
page in February. PTY LIMITED
There will be no Bar Association CPD seminars during the period
of the Bar Practice Course (16 February – 20 March and 9 August Contact us for further information
– 11 September) and also during the Bar exam period (7-11 June
and 15-19 November). Sydney 9221 2579
The imminent 1/04 Bar Practice Course (Monday 16 February –
Saturday 20 March) looks like being the largest ever conducted,
Parramatta 9630 1155
with over 72 candidates offered a place on the course.
Any members that would like to assist with the course should
email professionaldevelopment@nswbar.asn.au.
No Win / No Fee
❖ ❖ ❖ ❖ Family / Commercial
Make www.nswbar.asn.au your home page
Make 3 110
Bar Brief – Edition No. 105
a u c k l a n d 2 0 0 4
2 4 - 2 9 o c t o b e r
Scholarships
S
The International Bar Association (IBA), the ince 1988, the IBA’s Section on
world’s largest international organisation of Business Law has provided a fund
Law Societies, Bar Associations and from which scholarships are awarded
individual lawyers engaged in transnational to young lawyers who wish to participate in
law, will hold its 2004 Conference in
2003 the Conference, but are unable to do so
Auckland from 24-29 October. As one of owing to financial constraints.
the largest international legal gatherings in The Section invites interested persons
2004, it will attract approximately 2,000 to apply for a scholarship which will cover
lawyers from more than 90 countries. accommodation and provide a contribution
All 26 specialist Committees of the Section towards registration and travel
on Business Law will present programmes costs for the Conference. The scholarship
covering current topics of significance to will also include two years’ free
commercial lawyers worldwide. The IBA membership of the IBA and SBL, a waiver of
Sections on Legal Practice and on Energy & IBA and SBL Conference registration fees
Natural Resources Law will also be for one year and free membership of the
presenting full sessions. Scholarship Alumni Group. All applications
The working programmes will be received by 7 May 2004 will be submitted
complemented by a full social programme to the Section’s Scholarship Committee,
which helps to establish and maintain who must be satisfied that the applicant
business contacts and friendships with the has convincing reasons for wishing to
legal profession worldwide. attend the Conference, and cannot finance
themselves. In addition, each candidate
must meet the requirements set out in the
criteria overleaf.
Make www.nswbar.asn.au your home page 4 Bar Brief – Edition No. 110
CRITERIA Countries eligible for
scholarships in 2003
1 Candidates must 5 Candidates must
be 35 years or be fluent in both
Australia
under at the time of written and spoken
Cambodia
the Conference. English to follow the
China
presentations at the
Cook Islands
2 Candidates must Conference.
Fiji
be admitted to Hong Kong
practise as a lawyer. 6 Successful Indonesia
candidates will be Japan
3 Candidates must required to submit a Papua New Guinea
practise in one of report on the Philippines
the countries listed Conference to the Malaysia
opposite. IBA and their local or New Zealand
national Bar Samoa
4 Each application
Association within Singapore
must be
one month of the Solomon Islands
accompanied by a
end of the Taiwan
supporting letter
Conference. Thailand
from the candidate’s
Vanuatu
local or national Bar Applications from Vietnam
Association or candidates in other
equivalent. countries will not be
considered.
Committees of the
Section on Business Law
A Maritime and Transport Law O International Litigation
B Aviation Law P Employment and Industrial The completed application form
Relations Law must be returned by 7 May
C Antitrust and Trade Law
2004 to:
D Arbitration and ADR Q Issues and Trading in
Securities Law Ronnie Hayward
E Banking Law
R Technology and e-commerce International Bar Association
F Environment, Health and 271 Regent Street
Law
Safety Law London W1B 2AQ
S Products Liability, Advertising,
G Business Organisations England
Unfair Competition and
H Insurance Tel: +44 (0)20 7629 1206
Consumer Affairs
Fax: +44 (0)20 7409 0456
I Investment Companies and T International Construction ronnie.hayward@int-bar.org
Mutual Funds Projects
J Insolvency and Creditors’ Rights CLOSING DATE FOR
W Business Crime
RECEIPT OF
K Utility Law X International Franchising APPLICATIONS
L Intellectual Property and Y Travel, Tourism and IS 7 MAY 2004
Entertainment Hospitality Law
APPLICATIONS RECEIVED
M International Sales and Related Z Outer Space AFTER THIS DATE WILL NOT
Commercial Transactions
Cc Corporate Counsel BE CONSIDERED.
N Taxes
Cm Communications Law
a u c k l a n d 2 0 0 4
2 4 - 2 9 o c t o b e r
Make www.nswbar.asn.au your home page
Make 5 110
Bar Brief – Edition No. 105
Scholarships
APPLICATION FORM
a u c k l a n d 2 0 0 4
2 4 - 2 9 o c t o b e r
Please type or complete in BLOCK CAPITALS
Each question must be answered in detail continuing on a separate sheet if necessary
Personal
Family name _________________________________________________________________________________________
First name ___________________________________________________________________________________________
Date of Birth ______________________ Age _____________________________ Male Female
Nationality ___________________________________________________________________________________________
Firm
Name of firm _________________________________________________________________________________________
Position within firm ___________________________________________ Date of joining the firm _________________
Address of firm
Street _______________________________________________________________________________________________
___________________________________________________________________ City ____________________________
Country ____________________________________________________________ Postal/Zip Code __________________
Tel ______________________________ Fax _______________________________ e-mail __________________________
Address for correspondence (if different from above)
Street _______________________________________________________________________________________________
___________________________________________________________________ City ____________________________
Country ____________________________________________________________ Postal/Zip Code __________________
Tel ______________________________ Fax _______________________________ e-mail __________________________
Education
Particulars of University Education, including dates ________________________________________________________
____________________________________________________________________________________________________
Practice
Years of Practice ______________________________________________________________________________________
Areas of Practice ______________________________________________________________________________________
____________________________________________________________________________________________________
Countries admitted to Practice __________________________________________________________________________
Other Previous Legal Experience _________________________________________________________________________
____________________________________________________________________________________________________
✁
Offices held with any national/local professional law association ____________________________________________
____________________________________________________________________________________________________
Make www.nswbar.asn.au your home page 6 Bar Brief – Edition No. 110
Language (if English is not your mother tongue, a certificate of proficiency must be attached)
Level of fluency in English (ie fluent/good/working knowledge) ______________________________________________
Do you speak any other foreign languages? ______________________________________________________________
Other (continue on separate sheet if necessary)
Are you a member of the IBA/SBL? ______________________________________________________________________
Have you attended any other IBA/SBL Conferences? Yes No If Yes, where and when?
____________________________________________________________________________________________________
Where did you hear about the SBL’s Scholarship Programme? _______________________________________________
____________________________________________________________________________________________________
Please specify details of any previous scholarships and/or prizes awarded and details of time spent studying/working
abroad.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
We may seek a reference (ie from the senior member of your firm, professor or other equivalent). Please supply name
and address details
Name _______________________________________________________________________________________________
Address _____________________________________________________________________________________________
___________________________________________________________________ City ____________________________
Country ____________________________________________________________ Postal/Zip Code __________________
Tel ______________________________ Fax _______________________________ e-mail __________________________
Possible personal contribution to conference expenses? _________________
Possible Firm contribution to conference expenses? _____________________
Please provide a statement (no more than 250 words) of why you wish to attend the Conference and in what way, if
any, you believe participation will enhance your practice. Please also indicate which of the SBL Committees you are
interested in and how they relate to your current practice, and illustrate ways in which you would like to become
actively involved in the Association.
I enclose Confirmation letter from Certificate of proficiency
national/local Bar Association in English (if applicable)
Signed ___________________________________________________________________ Date ____________________
The completed application form must be returned by 7 May 2004 to: Ronnie Hayward
International Bar Association, 271 Regent Street, London W1B 2AQ, United Kingdom.
Tel: +44 (0)20 7629 1206 Fax: +44 (0)20 7409 0456 e-mail: ronnie.hayward@int-bar.org
Make www.nswbar.asn.au your home page
Make 7 110
Bar Brief – Edition No. 105
2004 Bar Association committees and
working parties
Bar News Editorial Committee Rashda Rana Phillip Boulten SC
Justin Gleeson SC (Chair) Sandra Duggan John Stratton SC
Keith Chapple Ingmar Taylor Linda McSpedden
Rodney Brender Rachel Pepper Stephen Hanley
Rena Sofroniou Sally Dowling Paul King
Terry Ower John Bowers Dean Jordan
Chris O’Donnell Kate Eastman Mark Buscombe
Andrew Bell Louise Byrne Anthony Iuliano
Anthony Lo Surdo Michelle Painter Luke Brasch
Ingmar Taylor Cameron Moore June Anderson (Bar Association)
Michael Kearney David Price
Limited Liability Working Party
Chris Winslow (Bar Association) Tony McAvoy
(formerly Professional Standards)
Travis Drummond (Bar Association)
Criminal Law Committee Brian Rayment QC
Family Law Committee Tom Bathurst QC
Stephen Odgers SC (Chair)
Grahame Richardson SC (Chair) David Davies SC
Anthony Bellanto QC
Robert Lethbridge SC Elizabeth Cohen
Malcolm Ramage QC
John Berry Andrew Bell
Paul Byrne SC
Christopher Simpson Alister Abadee
Tim Game SC
Margaret Cleary Kim Kemp (Bar Association)
Peter Johnson SC
Andrew Givney
Paul Conlon SC Mediation Committee
Warwick Tregilgas
James Bennett SC Robert Angyal (Chair)
Greg Johnston
Brian Knox SC Steven Rares SC
Paul Sansom
Robert Hulme SC
Richard Schonell Michael Eagle
Philip Boulten SC Richard Bell
Judith Housego
John Stratton SC Ian Bailey
Neil Jackson
Glenn Bartley Mark Brabazon
Doug Timmins
Linda McSpedden Mary Walker
June Anderson (Bar Association)
Greg Scragg Geraldine Hoeben
Carolyn Davenport Indigenous Barristers Strategy
Katherine Johnson
Gregory Smith Working Party
Susan Phillips
Chris Hoy Chris Ronalds (Chair)
David Knoll
Richard Button Chris Hodgekiss SC
Hugh Stowe
Mark Buscombe Mullenjaiwakka
Harry Woods
Sally Dowling David Frearson
Dominic Williams
Matthew Johnston Andrew Haesler
Kim Kemp (Bar Association)
Gaby Bashir Tony McAvoy
Michael Coroneos Lincoln Crowley Personal Injuries Litigation
Anita McInally (Bar Association) Professor David Barker (UTS) Committee
Professor Larissa Behrendt (UTS) Larry King SC (Chair)
Equal Opportunity Committee Associate Professor Jill Hunter (UNSW) Andrew Morrison SC
Virginia Lydiard (Chair) Travis Drummond (Bar Association) John Agius SC
Angela Pearman (Deputy Chair) William Kearns SC
Angela Bowne SC Legal Aid Committee
Stephen Campbell SC
Liz Olsson SC Tim Game SC (Chair) Philip Doherty SC
Robert Newlinds SC Geoff Lindsay SC Ian Cullen
Mullenjaiwakka Peter Zahra SC Brian Ferrari
Julia Baird Angela Bowne SC Continued on page 11
Make www.nswbar.asn.au your home page 8 Bar Brief – Edition No. 110
2004 Bar Association committees and
working parties Continued from page 10
Jim Gracie David Davies SC Andrew Campbell
William Fitzsimmons John Sheahan SC Louise McManus
Greg Grogin James Stevenson SC Harry Woods
Terry Ower Chris Simpson Vahan Bedrossian
Julia Lonergan Gregory Smith Stephen Loughnan
Andrew Stone Dominique Hogan-Doran Stephanie Fendekian
Kim Kemp (Bar Association) Peter Brereton John Pickering
Louise Byrne Mark Gunning
Professional Conduct Committee #1
Michael McHugh Alastair Vincent
Anna Katzmann SC
Dominic Toomey Jacob Horowitz
Stephen Robb QC
Elizabeth Frizell Margaret Holz
Steven Rares SC
Paul Bolster John-Paul Redmond
Larry King SC
Ann Leung (Committee Secretary) Travis Drummond (Bar Association)
Phil Greenwood SC
Michael Bozic SC Professional Conduct Committee #4 ❖ ❖ ❖ ❖
Stuart Torrington Bernie Coles QC
Lindsay Ellison
Michael Loewenstein
Peter Graham QC
Philip Hallen SC
Religious
Mark Speakman
Richard McHugh
David J Russell SC
James Bennett SC
services for
Vicki Hartstein Virginia Lydiard
Angela Pearman Josephine Kelly
Chris Hoy
the opening
Frank Veltro
Philippe Gray-Grzeszkiewicz
Ann Leung (Committee Secretary)
Lachlan Gyles
Simon Kerr
of Law
Professional Conduct Committee #2
Robert Toner SC
Patrick Griffin
Carol Webster Term 2004
Sigrid Higgins
Ian Temby AO QC The following services will be held to mark
Paresh Khandhar
the opening of Law Term which
Geoff Lindsay SC Kevin Andronos commences on 2 February 2004.
Paul Conlon SC Helen Barrett (Committee Secretary)
Robert Kaye SC Monday, 2 February 2004
Geoff Underwood
Taxation Committee A Red Mass will be held at 9:00am in St
Kim Morrissey Anthony Slater QC (Chair) Mary’s Cathedral, College Street, Sydney.
Phillip Mahony Holger Sorensen An Anglican Service will be held at
Kevin Connor 10:30am in St James’ Church, Queens
Kate Traill
Square, Sydney.
Andrew Colefax Mark Brabazon
Christopher Bevan In Parramatta, the Inter-Church Law
Richard Weinstein
Service for Western Sydney will be held at
Christopher Millard Igor Mescher
9.30am in St Patrick’s Cathedral, Marist
Rachel Pepper Peter Fraser Place.
Rhonda Bell Mark Richmond
Narelle Butler
Friday, 6 February 2004
Vahan Bedrossian
Kim Kemp (Bar Association) A service at the Great Synagogue,
Helen Barrett (Committee Secretary)
Castlereagh Street, Sydney will be held at
Professional Conduct Committee #3 Young Barristers Committee 5:15pm.
Tom Bathurst QC Hugh Stowe (Chair) Tuesday, 10 February 2004
David Ash
Martin Einfeld QC A Pan-Orthodox service will be held at
Rhonda Bell 6:30pm in the Greek Orthodox Archdiocese
John Maconachie QC
Cameron Jackson of Australia at 242 Cleveland St, Redfern.
Make www.nswbar.asn.au your home page
Make 9 110
Bar Brief – Edition No. 105
R v K [2003] NSWCCA 406
On 23 December 2003 the New South 84 I believe that the point should be 92 There is a real risk of such an
Wales Court of Criminal Appeal handed made, as forcefully as possible, that any occasion developing into a general
down its decision in the matter of R v K. In member of the legal profession who discussion, concerning the case and its
that decision, Justice Wood commented seeks out jurors, in order to question outcome, in which the jurors are likely
upon the undesirability of post-verdict them about matters which arose in the to join, possibly without any true
attendance by trial lawyers at hotels likely jury room, or encourages them in any awareness of the provisions of s 68A of
to be frequented by jurors. way, to speak out about these matters, the Jury act. The possibility of an
His Honour also refers to professional should run the risk of prosecution for offence occurring in these
disciplining and the risk of prosecution of an offence under s 68A of the Jury Act circumstances is tangible.
lawyers who seek out jurors in order to and should also face the prospect of 93 While this is very much a personal
question them about matters which arose being disciplined professionally. view, which I recognise that others may
in the jury room or to encourage them to … not share, I believe that the spectacle
speak out about such matters. The 91 Finally, I believe that the time has of lawyers, jurors, police and other
relevent sections of that judgment appear come for trial lawyers to consider very persons who may have had an interest
below. carefully whether it is appropriate for in the case, fraternising openly in such
83 … The sanctity of the jury room and them to adjourn to hotels, in the near a venue, after a trial, does little for the
the finality of the verdict are important vicinity of the trial courts, to which it image of the justice system, or for the
safeguards in the integrity of the seems to have become customary for apparent professionalism of those who
system of justice which operates in this some lawyers, police, media practice in this area of the law.
country. Public confidence in the jury representatives, and jurors, to visit, at The full text of the decision may be
system would be jeopardised if they the conclusion of trials. obtained from LawLink at
were to be undermined, in any way. www.lawlink.nsw.gov.au/sc
❖ ❖ ❖ ❖
Practice and procedure
in the Land and Environment Court
Continued from page 1
for case management in planning appeals processes of the court from imposing directions of the court, which will come
(and other proceedings in classes 1, 2 unreasonable cost burdens on litigants, into effect on 1 March 2004. Practice
and 3) in accordance with arrangements including councils. The merit review Directions No. 17 is designed save costs
made by the Chief Judge; process of the court must achieve the best and time by avoiding unnecessary
outcome for the community. All those appearances before the court and to
• the imposition of additional require-
involved with the court must work to conduct proceedings efficiently.
ments in respect of expert evidence and
ensure that its processes are efficient and Copies of all changes to the rules and
the obligation of experts to confer and
that legal costs and the costs of providing practice directions can be accessed on
prepare a joint report for the court; and
expert evidence are minimised. The the court’s web site at http://
• the provision of a procedure for the adversarial system has many good qualities www.agd.nsw.gov.au/lec/
court to determine applications by but some aspects of it are not appropriate
developers for the obtaining of for the resolution of a merit appeal.’ For further information contact:
easements over adjacent lands in Angela Flockhart
The changes announced on 19 December
support of their development. Associate to Justice McClellan
2003 were followed by further extensive
Ph: (02) 9228 8353
The Chief Judge said that ‘the changes are changes to the pre-hearing practice
necessary to prevent the merit review
❖ ❖ ❖ ❖
BarCare
BarCare is designed to guide barristers through emotional and stress related problems including family or marital problems,
drug or alcohol dependency and practice pressures.
The Bar Association will cover costs associated with the initial consultation with the BarCare counsellor.
For further information contact the BarCare information line (02) 9230 0433 or visit the Association’s web site
www.nswbar.asn.au
Make www.nswbar.asn.au your home page 10 Bar Brief – Edition No. 110
Letters to the Editor New
I am an overseas member of the Bar
presently engaged in assistance to the
Office of the Director of Public
thanks to the very prompt response from
the NSW Bar Library to a request for
assistance in the form of the provision of
chambers
Prosecutions in the Solomon Islands, the library’s law links page. I sent the
where I am presently enjoying the heat,
both literally and figuratively.
request to Ms Allen one morning and got a
response before 11.00 the same morning.
in RBA
The programme is funded by AUSAID
through GRM International and provides
assistance in the justice sector. The project
Again many thanks.
John Cauchi
building
PO Box 1493
is setting up a research room for the use of Third Floor University Chambers, an
Honiara established set of commercial chambers at
judges and practitioners with Internet
facilities. There is one legal Library here SOLOMON ISLANDS 167 Phillip Street of thirteen members
which is connected to the High Court and Ph: +677 28 459 including two silks, is relocating and
little else in the country. The Attorney Mob +677 94 886 expanding to new premises at the top floor
General’s chambers and the DPP’s Aust Mob +61 (0) 409982170 of The Reserve Bank Building in Martin
chambers for example have no books at all. Place in mid-2004.
Bon chance
I am writing this note to simply record my There is an opportunity for two to three
new members to join this successful floor of
❖ ❖ ❖ ❖ barristers. The floor has been established
for over 20 years and during that period it
❖ ❖ ❖ ❖ has maintained expertise in the areas of
Security commercial, equity, insolvency, corporations
law, building and construction and
Papers to screening
professional negligence.
Current Members are: B Coles QC, I Wales
SC. B Skinner, P Jones, J Chippindall, P
note in NSW Walsh, T Rogers, M Ashhurst, M Young, J
Conomy, D Allen, A Fernon.
Copies of the following reports are held in Expressions of interest should be directed
the Bar Association Library.
Case management reform: An evalua-
courts to Michael Read (Clerk) ph: (02) 9233 8244.
tion of the Dristrict Court of NSW and The Director General of the NSW Attorney
County Court of Victoria 1996 reforms, General’s Department, Laurie Glanfield
by Ann Eyland, Ted Wright, Maria Karras AM, has announced a programme to
❖ ❖ ❖ ❖
and Natalina Nheu, Law and Justice significantly improve security at a number
Foundation of New South Wales, 2003. of courts.
Report on the judicial complaints In some courts, such as the Downing
system in Victoria, by Professor Peter
A Sallmann, December 2003.
Centre, barristers have been able to gain
entry through a designated entry point,
Video
with the aid of a Bar Association photo
Every picture tells a story: Report on
the inquiry into child custody
arrangements in the event of family
identification card, without having to go
through the public security checks.
conferencing
separation, House of Representatives,
Standing Committee on Family and
Community Affairs, December 2003.
Citing the risk of falsification of those
identity cards, the Director General has
advised the Bar Association that ‘without
facilities
Supreme Court Practice Note No. 125: a common policy that applies to all court Video conferences are an increasingly
Mediation, This Practice Note concerns users it is impossible for us to provide the common means by which counsel may
proceedings referred to mediation under required level of security’. Mr Glanfield conduct conferences with clients in
Part 7B of the Supreme Court Act 1970. It said that anyone entering a court complex custody.
replaces Practice Note No 102 and Practice with perimeter security will be required to The Public Defenders Office, located in
Note No 118 and will apply from 1 January pass through full security screening at the Carl Shannon Chambers, is host to a video
2004. A copy may also be obtained from public entrance. conferencing facility, although bookings
the Supreme Court’s web site at Mindful of concerns that legal will be administered by the New South
www.lawlink.nsw.gov.au/sc practitioners may have about the delays Wales Legal Aid Commission.
Federal Court of Australia, National guide this may cause at peak times, Mr Glanfield Barristers who wish to use this facility,
to counsel fees, effective 1 January 2004. has assured the President of the Bar pursuant to a matter that is funded by a
A copy of the guide may also be obtained Association, Ian Harrison SC, that grant of legal aid, can contact the Public
from the Federal Court’s web site at additional screening facilities will be Defenders Office on ph: 9268 3111 to
www.fedcourt.gov.au employed. arrange a booking.
Make www.nswbar.asn.au your home page
Make 11 110
Bar Brief – Edition No. 105
Professional Development – 2004 Year Planner
January February March April May June July August September October November December
Monday 1 BPC 1/04 1 Tutorials
Tuesday 2 1 2 Tutorials
Wednesday 3 2 CPD 1 BPC 2/04 3 Tutorials 1
Thursday 1 Public Hol 4 1 CPD 3 1 CPD 2 4 Tutorials 2
Friday 2 5 2 4 Mini UN 2 3 1 5 3
Saturday 3 6 3 1 Mini ANU 5 Mini UN 3 4 2 6 4
Sunday 4 1 7 4 2 6 4 1 5 3 7 5
Monday 5 2 8 5 3 7 EXAMS 5 2 6 4 Public Hol 8 6
Tuesday 6 3 CPD 9 6 CPD 4 8 6 3 7 5 9 7
Wednesday 7 4 CPD 10 7 CPD 5 CPD 9 EXAMS 7 CPD 4 CPD 8 6 10 8
Thursday 8 5 11 8 6 10 8 5 9 7 11 9
Make www.nswbar.asn.au your home page
Friday 9 6 12 9 Public Hol 7 Mini UWS 11 EXAMS 9 6 10 8 12 10
Saturday 10 7 13 10 8 Mini UWS 12 10 7 11 9 13 11
Sunday 11 8 14 11 9 13 11 8 12 10 14 12
Monday 12 9 15 12 Public Hol 10 q 14 Public Hol 12 9 BPC 2/04 13 11 15 EXAMS 13
Tuesday 13 10 CPD 16 13 11 CPD q 15 13 10 14 12 16 14
Wednesday 14 11 CPD 17 14 12 CPD q 16 CPD 14 11 15 CPD 13 CPD 17 EXAMS 15
Thursday 15 12 18 15 13 q 17 15 12 16 14 18 16
12
Friday 16 13 19 16 14 Mini UoW q ✦ 18 16 13 17 15 19 EXAMS 17
Saturday 17 14 20 17 15 Mini UoW 19 17 14 18 16 20 18
Sunday 18 15 21 18 16 20 18 15 19 17 21 19
Monday 19 16 BPC 1/04 22 19 CPD 17 21 CPD 19 16 20 18 22 20
Tuesday 20 17 23 CPD 20 18 22 CPD 20 17 21 19 23 21
Wednesday 21 18 24 CPD 21 CPD 19 23 CPD 21 CPD 18 22 CPD 20 24 CPD 22
Thursday 22 19 25 22 20 24 CPD 22 19 23 21 25 23
Friday 23 20 26 23 21 Mini SCU 25 23 20 24 22 26 24
Saturday 24 21 27 24 22 Mini SCU 26 24 21 25 23 27 25 Public Hol
Sunday 25 22 28 25 23 27 25 22 26 24 28 26
Monday 26 Public Hol 23 29 CPD 26 Public Hol 24 Tutorials 28 CPD 26 23 27 2 29 27 Public Hol
Tuesday 27 24 30 CPD 27 25 Tutorials 29 CPD 27 24 28 26 30 28
Wednesday 28 25 31 CPD 28 CPD 26 Tutorials 30 CPD 28 25 29 27 CPD 29
Thursday 29 26 ❊❊ 29 27 Tutorials 29 26 30 28 30
Friday 30 27 30 Mini ANU 28 Mini UTS 30 5 27 29 31
Saturday 31 28 29 Mini UTS 31 28 30
Sunday 29 30 29 31
Monday 31 30
Tuesday 31
ss School Holidays ❊❊ Maurice Byers Address q Law Week 5 Tutors & Readers Dinner ✦ Bench & Bar Dinner
Bar Brief – Edition No. 110
Bar Brief is produced monthly for the
Registration for the Sir New South Wales Bar Association by:
Weavers Design Group
Level 10, AWA Building
Maurice Byers Lecture 47 York Street, Sydney 2000
Tel: (02) 9299 4444
Fax: (02) 9299 7861
Travis Drummond E-mail: weavers@weavers.com.au
NSW Bar Association Web site: www.weavers.com.au
DX 1204 SYDNEY Advertising bookings and enquiries to
John Weaver.
Editorial Contributions to:
I wish to register .................................................... place/s for the Sir Maurice Byers
Public Affairs Officer,
Address on 26 February 2004. New South Wales Bar Association,
LG Floor, Selborne Chambers,
174 Phillip Street, Sydney 2000
Name: ....................................................................... Telephone: ................................. DX 1204 Sydney
E-mail: mediainquiries@nswbar.asn.au
Member: Yes / No Fax: (02) 9221 1149
Contributions and advertising
bookings and material for Bar Brief
Cheque / Cash enclosed for $................ (includes GST) must be received by the end of the
month prior to publication.
***********
Please charge $.................to my [ ] Master Card [ ] Bankcard [ ] Visa Card Association e-mail Directory
[ ] Amex Administration
administration@nswbar.asn.au
Accounts Department
Card Number: — — — — — — — — — — — — — — — — Expiry Date:......./.......
accounts@nswbar.asn.au
(GST INCLUSIVE) BarCare
barcare@nswbar.asn.au
Practising Certificates
Signature:................................................................
certification@nswbar.asn.au
Professional Development Department
THIS DOCUMENT WILL BE A TAX INVOICE FOR GST PURPOSES WHEN YOU professionaldevelopment@nswbar.asn.au
MAKE PAYMENT. PLEASE RETAIN A COPY FOR YOUR GST RECORDS. Executive Director
executivedirector@nswbar.asn.au
Legal Assistance Scheme
TAX INVOICE legalassist@nswbar.asn.au
Library
library@nswbar.asn.au
The New South Wales Bar Association Media Inquiries
Selborne Chambers, 174 Phillip Street, Sydney 2000 DX 1204 mediainquiries@nswbar.asn.au
Membership Inquiries
Tel (02) 9232 4055 Fax (02) 9221 1149
certification@nswbar.asn.au
ABN 18 526 414 014 Professional Conduct Department
pcd@nswbar.asn.au
Sickness & Accidents Inquiries
❖ ❖ ❖ ❖ sickacc@nswbar.asn.au
Bar Council regional representatives
Name Address Phone/Fax E-mail
Stuart Hill Hargraves Chambers ph: (02) 4228 8977 harlaw@hotkey.net.au
Cnr of Church & Crown Streets fax: (02) 4226 3947
Wollongong NSW 2500
Rob O’Neill Lachlan Macquarie Chambers ph: (02) 9635 1000 ro’neill@lacmac.com.au
16 George Street Parramatta NSW 2150 fax: (02) 9891 1989
Bill Walsh William Owen Chambers ph: (02) 6361 7959 woc@bigpond.net.au
121A Byng Street Orange NSW 2800 fax: (02) 6361 7921
Geoff Radburn Lismore Chambers ph: (02) 6621 2854 radburn@nor.com.au
32 Molesworth Street Lismore NSW 2480 fax: (02) 6621 3898
Stewart Austin Chambers ph: (02) 4926 2844
30 Church Street Newcastle NSW 2300 fax: (02) 4926 2841 sca 371@ozemail.com.au
Make www.nswbar.asn.au your home page
Make 13 110
Bar Brief – Edition No. 105