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Bar Brief New South Wales Bar Association Powered By Docstoc
					    Bar Brief
    The newsletter of the New South Wales Bar Association

                                                                                  Contents
                                                                                  Bar Council business                2

                                                                                  A message from the president        3

                                                                                  2006 senior counsel                 6

                                                                                  Bar Library on the move             8

                                                                                  The 2006 Francis Forbes Lecture 10

                                                                                  The CCA at Bathurst                 11

                                                                                  Indigenous Lawyers’ Conference 12



Slattery QC launches ‘A Fair Go For Injured People’
On Tuesday, 19 September 2006,          people have been denied proper             ‘Today, and in the weeks and months
President Michael Slattery QC           compensation, or experienced first         to follow, we will draw attention
launched a ‘A Fair Go for Injured       hand the frustration and suffering of      relentlessly to bad laws, drafted in
People’; a non-partisan, public         friends and family’, he said.              haste, which have benefited none
awareness campaign by the legal                                                    but the large insurance companies.
profession aimed at bringing fairness   ‘The burden of caring for injured          As the politicians mobilise for the
and consistency to personal injury      people has been shifted silently           election on 24 March 2007, we
laws in New South Wales.                from insurance companies onto the          ask whether our society, which
                                        injured, as well as their parents,         values fairness and respect for
The launch took place in the grounds    spouses or children who must help          the individual, can restore those
of Sydney Eye Hospital, attended        care for them. The burden has              values by protecting people who
by members of the public, the legal     been shifted from insurers onto our        have suffered injury through the
profession and a media contingent.      already overstretched public health        wrongdoing of others.
Also on hand to help with the launch    care system’, said Mr Slattery.
were a number of injured people who                                                The president concluded with a call
have agreed to tell their stories.      The campaign will use press and            for the state’s elected representatives
                                        radio advertisements to hammer             to change the laws: ‘Mr Iemma, Mr
Mr Slattery spoke of how the injured    home the need for workers                  Debnam, it’s time to give the people
have suffered in silence, with only     compensation and motor accident            of NSW a fair and safe community
the legal profession speaking out on    insurance schemes to be brought in         - one where the system doesn’t let
their behalf.                           line with the Civil Liability Act 2002     them down’.
                                        and for the abolition of the harsh
‘Steadily increasing numbers of         whole body impairment thresholds.          See also: ‘A message from the president

                                          Above: Michael Slattery QC speaking
                                          at the campaign launch. Left: Hugh
                                          Macken, Junior Vice President of the
                                          New South Wales Law Society was
                                          master of ceremonies. Right: the
                                          media and members of the public
                                          assemble at the launch in the grounds
                                          of Sydney Eye Hospital.




    Make www.nswbar.asn.au your home page                       Bar Brief No. 135 October 2006                    Page 1
Bar Council business for August 2006
The Innocence Panel                      St James’ Hall 15 Anniversary            The ABA will be sponsoring a
                                         drinks, Thursday 20th July 2006          public discussion on the judicial
The president noted that the Bar                                                  appointment process.
Association had been strikingly          The president noted that Jane
successful in influencing government     Needham SC, along with a                 Renovation of Bar Association
policy on the Innocence Panel.           committee of some of the clerks in       Library
                                         the building, had arranged drinks
The panel provides a procedure           for the 15th anniversary of St James’    The executive director gave a
by which convicted prisoners who         Hall as one way of bringing the          progress report on the imminent
claim they were wrongfully convicted     community of the Bar together. The       renovation of the Bar Library and
can have their DNA tested against        idea to do so had arisen from the        the enhancement of the library’s
available crime scene materials          Bar Council’s discussion in March        management system using funds
to help establish their innocence.       about the collegiality of the Bar. He    from the Emerton Trust.
The 2003 Finlay Report, which            congratulated Needham SC for her
recommended the reintroduction of        initiative.                              The executive director briefly
the Innocence Panel with a proper                                                 outlined the proposed new layout of
legislative basis (after its operation   Professional conduct committees          the library. He noted that provision
had been suspended), had been            – community and academic                 was being made for both plug in and
ignored for years by government and      members’ dinner                          wireless internet access by users. He
opposition until the Bar intervened                                               had asked the librarian to arrange
publicly on the issue last month.        The president advised that the dinner    for the collection to be professionally
                                         held the previous night to thank the     cleaned before being re-shelved. The
The president had written to the         community and academic members           executive director also noted that
premier on 13 July 2006 requesting       for their (unpaid) contribution          he and the librarian were proposing
the introduction of the Innocence        to the work of the professional          to seek the chief justice’s approval
Panel and forwarding a copy of a         conduct committees had been              to post on the association’s server
paper on the subject written by the      very successful. The members             unreported judgments that pre-dated
Human Rights Committee. The issue        had appreciated their work being         the court’s posting of judgments on
had been brought to very wide public     recognised in this way.                  the Internet.
attention the next day, including in
an interview the president had given     Retirement of his Honour Judge           Criminal Law Conference, Friday
to Alan Jones on 2GB.                    Joe Phelan                               1 September

The government reacted quickly and       The president advised that he and        The president spoke briefly about the
that same day committed itself to        Pepper had attended the retirement       progress being made in preparing for
introducing legislation in the next      dinner in Wollongong on Friday 21        the conference to be held on Friday 1
session of parliament to implement       July 2006 for District Court Judge Joe   September.
the Finlay report.                       Phelan.
                                                                                  The Bar Council endorsed the views
The Kirby portrait                       Australian Bar Association               of the Criminal Law Committee that
                                         meeting, Melbourne, Sunday 23            the conference be held ‘in house’.
The president advised that the           July 2006                                The council noted that once the
Bar Association’s fund for the                                                    Bar Council had had an opportunity
acquisition of the Archibald portrait    The president advised that he and        to consider the issues raised in the
of the Hon Justice Michael Kirby         the executive director had attended      conference, the president would
AC CMG is nearly fully subscribed.       a meeting of the ABA council on 23       write to the attorney general and the
Those wishing to be recorded as          July. The major issues discussed         shadow attorney general about those
contributors to the purchase of this     were the ABA’s position on the           issues.
magnificent painting will need to        way in which judicial appointments
make a donation in the next week or      are made and the Law Council of
two.                                     Australia’s discussions concerning a
                                         new constitutional and administrative
                                         structure.

    Make www.nswbar.asn.au your home page                     Bar Brief No. 135 October 2006                     Page 2
A message from the president
Tort Law Reform Campaign                  of the whole person in workplace
                                          accidents) must be passed before
On Tuesday, 19 September 2006 the         an action for general damages is
New South Wales Bar Association,          available to even quite seriously
the Law Society of New South Wales,       injured people. Statutory ‘poison
the Law Council of Australia and          pills’ have been introduced to act as
Australian Lawyers Alliance launched      disincentives from bringing common
a public campaign entitled ‘A Fair Go     law proceedings for even very serious
for Injured People’. This campaign        injuries in the workplace.
has been planned for some time,
jointly by the Bar Association and        These thresholds have operated
these other bodies in the lead up         with all the brutality that one might
to the state election. Apart from a       expect. It is now uneconomic to
break during the holiday period the       bring an action for damages in 90            schemes so that a person’s
campaign will run in various forms        per cent of most motor accident              right to compensation does not
between now and March 2007.               cases and 95 per cent of most                depend on where the injury
The Bar Association’s participation       workers compensation cases. This is          occurred. There should be
in this campaign is an initiative         an exclusory regime which would be           one standard of personal injury
of Bar Council on behalf of the           quite unthinkable to both motorists          compensation based upon the
many seriously injured people who         and workers only a generation ago.           Civil Liability Act 2002 (NSW);
are now unable to claim just and
fair compensation for what they           As the injured and the prospectively     •   arbitrary whole person
have been through and for their           injured are not organised to speak           impairment thresholds based
permanent disabilities.                   on this issue, the Bar Association and       upon AMA Guides which exclude
                                          these three other legal bodies will          claims by persons seriously
The campaign is non-party political.      help give them a voice.                      injured on the roads and in
Neither the Bar, the Law Society nor                                                   workplaces should be abolished;
the other bodies will be campaigning      What the Bar Association and the
for or against any political party. The   other legal bodies want to see           •   all arbitrary rules which
purpose of the campaign is to create      changed is not radical and will              restrict elections by workers
public awareness of a very important      achieve consistency in the law.              from bringing common law
policy issue which is important for all   But for a number of technical                proceedings should be removed
people in New South Wales.                improvements, the campaign accepts           and the practical reality of
                                          that the Civil Liability Act 2002            common law rights for workplace
It has been several years since the       (NSW) is an appropriate standard             injuries restored;
then New South Wales Government           of fair compensation for all kinds
first made drastic changes to motor       of personal injury in this state, no     •   all final disputes in relation
accidents and workers compensation        matter where such injury occurs:             to personal injury, should be
personal injury laws in 1999 and          on the roads, in the workplace or            determined by an open public
2001. With the objective of reducing      elsewhere. The detailed proposals            process in the courts of New
of the number of so-called ‘minor’        of the campaign can be found on its          South Wales, not by never
claims the government introduced          web site, the link for which is www.         ending bureaucratic processes
harsh whole person impairment             faircompensation.com.au I invite             behind close doors.
threshold tests to make it more           members to visit the web site.
difficult to receive compensation                                                  The government has so far not
for injuries on our roads and in our      The principal objectives of the          recognised the benefit of the policy
workplaces.                               campaign are:                            proposals being advanced by the
                                                                                   Bar Association, the Law Society and
These thresholds (10 per cent of          •   that New South Wales should          these other bodies. The opposition is
the whole person in the case of               adopt a uniform approach across      yet to commit on these issues. I am
motor accidents and 15 per cent               all personal injury compensation     confident that one or other political


    Make www.nswbar.asn.au your home page                      Bar Brief No. 135 October 2006                    Page 3
A message from the president (continued)
party will agree with the policy         23 September. The conference               Police v Osman
position taken by the Bar Association    brought together 185 Indigenous
                                                                                    On 29 September 2006 at the Local
before the March 2007 election.          law students, solicitors and barristers
                                                                                    Court sitting at Sutherland, her
                                         from around Australia to meet and
                                                                                    Honour Magistrate Trad convicted
The policies now being advanced          discuss issues of common interest
                                                                                    and sentenced a young man who
by the New South Wales Bar               and to promote the important idea of
                                                                                    was involved in the very earliest
Association are virtually identical to   Australia’s Indigenous peoples having
                                                                                    stages of what later became
the recommendations of a bipartisan      better opportunities to make their
                                                                                    infamous as the ‘Cronulla Riots’. The
Legislative Council committee which      way within the legal profession. The
                                                                                    sentence was immediately seized
reported in December 2005. All           keynote address for the conference,
                                                                                    upon by politicians on both sides
members of that parliamentary            entitled ‘Indigenous Australians and
                                                                                    of state parliament. It is difficult to
committee have agreed with these         the law’ was delivered by Sir Gerard
                                                                                    believe that any of them could have
policies already. Both sides of          Brennan AC KBE.
                                                                                    actually read her Honour’s decision
parliament should adopt them as
                                                                                    before attacking her and it.
policies going into the election.        The conference was funded
                                         principally by donations from New
                                                                                    Her well-reasoned judgment in the
Many members of the Bar and the          South Wales barristers to the
                                                                                    case deserves wider publication.
Bar Association’s staff have given       Indigenous Barristers Trust – the
                                                                                    Her Honour appropriately separates
time to prepare this campaign and        Mum Shirl Fund, together with
                                                                                    out the precise criminal activity of
I thank them for it. I wish to make      contributions from Bar associations
                                                                                    the accused (affray and assault
particular mention of two staff          around Australia and the Australian
                                                                                    occasioning actual bodily harm) from
members, Alastair McConnachie and        Bar Association, supplemented by
                                                                                    the later riots. She condemns his
Chris Winslow, who have managed          a substantial package of assistance
                                                                                    impulsive and intolerant acts. She
campaign preparation almost              from the federal Attorney-General’s
                                                                                    then fashions a sentence of 300
continuously for the last six weeks.     Department.
                                                                                    hours community service which is
                                                                                    deftly constructed to remind him of
The campaign still needs more            I wish to express my thanks for the
                                                                                    the effect of his conduct on everyone
volunteers for tasks including           generosity of this state’s barristers in
                                                                                    around him. Here is what she said:
research work, presentations in          making this conference possible. It
suburban and country areas to local      will help make a long term difference
                                                                                       I have to say that there was no
community groups and interviewing        to opportunities for Indigenous
                                                                                       evidence to indicate that anyone
the very many people who are now         people at the Bar and in the law in
                                                                                       involved in the mindless thuggery of
coming forward to the association to     the next ten years.
                                                                                       that afternoon envisioned the trouble
complaint of their unfair treatment by
                                                                                       that would boil over in the succeeding
our state compensation laws. Would       The conference would not have
                                                                                       days and the instigators of that
volunteers please get in touch with      taken place but for careful planning
                                                                                       pointless fight on the beach would
Alastair McConnachie on 9232 4055        over many months from Chris
                                                                                       not, and could not, have predicted
or e-mail amcconnachie@nswbar.           Ronalds SC and Tony McAvoy. Cindy
                                                                                       that it would be the catalyst for the
asn.au. I am particularly interested     Penrose and Travis Drummond from
                                                                                       riots that victimised and traumatised
in assistance from barristers who        the Bar Association staff managed
                                                                                       an entire community. It was just a
speak a second language, so that the     the difficult task of coordinating
                                                                                       stupid fight, started by stupid people
campaign can connect with ethnic         the arrival of 185 people from
                                                                                       and it was not a deliberate strategy to
communities around New South             around Australia, organising their
                                                                                       bring about large scale racial violence.
Wales.                                   accommodation and the conference
                                                                                       And the fact that the riots occurred
                                         dinner. This was done with flawless
                                                                                       is not of itself a reason to punish Mr
                                         efficiency.
National   Indigenous           Legal                                                  Osman and [these] are events outside
Conference                                                                             the immediate crimes [of] which I
                                         The Queensland Bar Association has            have found him guilty.
The New South Wales Bar Association      indicated it will be hosting the next
hosted the Inaugural National            conference, which will take place in
                                                                                       It is, nevertheless, an important
Indigenous Legal Conference, which       2007.
                                                                                       lesson for us all on the
took place in the common room on                                                       unpredictability of consequences of
Friday 22 September and Saturday


    Make www.nswbar.asn.au your home page                       Bar Brief No. 135 October 2006                        Page 
A message from the president (continued)                                                  Election for the 2007
                                                                                          Bar Council
   violence wherever it occurs and over        view that I need to consider some
   the last 100 years or so the ancestors      other options about what the young         The timetable for the election is as
   of many citizens, mine included, came       man himself can put back into the          follows.
   to this country seeking refuge from         community as a proper show of
   hatred, intolerance, violence or just       contrition and remorse and also a way      Tuesday 3 October 2006
   simply the opportunity to improve           for him to re-engage after something
                                                                                          Nominations open (nomination form
   their family’s prospects and this           like this that would have caused all
                                                                                          attached).
   sort of behaviour not only showed           those people and all those young
   disrespect for the community that           children and young men and women           Monday 16 October 2006 at
   provided you with a home and your           and families and older people, all         .00pm
   family a home and a livelihood and          the crowd on that beach that day. It
   a future, but showed an insensitivity       brought them fear and it exposed           Nominations close.
   and disregard for the choices and           them to random, mindless violence
                                                                                          Thursday 19 October 2006
   sacrifice that was made for you so          and I think it is very important for the
   that you could have a good life. By         court to send a message that not only      Ballot papers posted to all members
   this sort of conduct you turn your          is that not tolerated, no matter that      eligible to vote (ie ballot opens).
   back on your family, your culture and       you are a young man of prior good
   your real country and all for the sake      behaviour, but that the court punish in    Friday 3 November 2006 at
   of juvenile, impulsive and misplaced        a way that gives you an opportunity        1.00pm
   allegiance.                                 to contribute something back to the
                                                                                          Ballot closes – ballots received after
                                               community.
                                                                                          this time are invalid.
   …
                                            It is regrettable that the balance and        Monday 6 November 2006
   So it’s my view that I, particularly     good sense of what her Honour said
                                            was lost in furious political clamour.        Anticipated declaration of the poll.
   considering the offence itself and
   where it was committed, it is my                                                       The purpose of this notice is to call
                                                                                          for nominations of eligible members
                                                                                          as candidates for the 2007 Bar
WorkChoices legal assistance and ADR scheme                                               Council. Nominations must be
                                                                                          received by the returning officer at
The Australian Government is                working with the Commonwealth                 the office of the New South Wales
establishing the Unlawful Termination       Department of Education and                   Bar Association not later than
Assistance Scheme (UTAS) and                Workplace Relations, on the                   4.00pm on Monday 16 October
the Alternative Dispute Resolution          establishment of the schemes.                 2006.
Scheme (ADRAS) as part of the
introduction of the WorkChoices                                                           The following financial members
                                            The Bar Association will maintain a
legislation.                                                                              of the association are entitled to
                                            register of members willing to take
                                                                                          nominate a member for election to
                                            part in either or both the UTAS and
                                                                                          the Bar Council:
The intention of the Unlawful               ADRAS. For further information
Termination Assistance Scheme is to         or to register please contact                 •   Local practising barristers*
afford workers who may have been            Cindy Penrose, Project Officer, on
unlawfully dismissed with financial         cpenrose@nswba.asn.au or ph: 9232             •   Members who were ordinary
assistance of up to $4,000 to obtain        4055.                                             members – Class A immediately
legal advice. The Alternative Dispute                                                         prior to the adoption of the
Resolution Scheme will grant a              Members are encouraged to                         present Constitution on 1
maximum amount of $1,500 to                 familiarise themselves with the                   January 2000 and who are not
access alternative dispute resolution       terms and conditions, which are now               local practising barristers.
services.                                   publicly available on the Workchoices
                                                                                          •   Life members
                                            web site at
The Law Council of Australia, on            www.workchoices.gov.au.                       The following financial members of
behalf of its constituent bodies, is                                                      the association are entitled to be
                                                                                          nominated for election to the Bar
                                                                                          Council:


     Make www.nswbar.asn.au your home page                          Bar Brief No. 135 October 2006                       Page 5
                                           2006 senior counsel
Michael John King                       Elizabeth Wilkins                          Geoffrey Bellew

Forbes                                  Crown Prosecutors                          Seventh Floor Garfield Barwick

Michael John King began practising      Elizabeth Wilkins began practising         Geoffrey Bellew began practising
at the New South Wales Bar on           at the New South Wales Bar on 6            at the New South Wales Bar on 12
10 September 1976. His principal        November 1987 and was appointed            March 1991. His principal areas of
areas of practice are criminal law,     as a crown prosecutor in 1999.             practice are professional negligence,
commissions of inquiry and appellate    Her principal areas of practice are        common law and criminal law.
cases. Since the early 1990s            criminal law and appellate cases.          Geoffrey has been assistant editor or
Michael has appeared in numerous        Between 1994 and 1999 Elizabeth            co-author of a number of LexisNexis
commissions of inquiry, including       was part time president of the             publications, such as District Court
the Wood Royal Commission and           Commonwealth Medical Services              Procedure (NSW) [1994-2005],
ICAC inquiries into the Department      Review Tribunal. She is a member of        Ritchie’s Uniform Civil Procedure
of Corrective Services and the          the Bar Association’s Criminal Law         NSW. [Dip L (Barristers’ Admission
Public Employment Office. [BA LLB       Committee. [BA LLB (University of          Board)]
(University of Sydney)]                 Adelaide)]
                                                                                   Greg Nell
Andrew Lidden                           Leonie Flannery
                                                                                   Seven Wentworth
Frederick Jordan                        Carl Shannon
                                                                                   Greg Nell began practising at the
Andrew Lidden began practising          Leonie Flannery began practising           New South Wales Bar on 2 August
at the New South Wales Bar on 10        at the New South Wales Bar on 3            1991. His principal areas of practice
February 1978. His principal areas      August 1990 and was appointed as a         are transportation, commercial,
of practice are personal injury and     public defender in 1996. Her principal     insurance and international law. [BEc
professional negligence. [BA LLB        area of practice is criminal law. For      LLM (University of Sydney)]
(The Australian National University)]   several years Leonie was a member
                                        of a Bar Association professional          Robert Beech-Jones
Christopher Simpson                     conduct committee and in 1999 she
                                        was an trainer at a Bar Association        11 St James Hall
Frederick Jordan                        advocacy course in Tonga. [BA LLB
                                        (University of Sydney)]                    Robert Beech-Jones commenced
Christopher Simpson began practising                                               practice at the New South Wales
at the New South Wales Bar on 2         Ian Neil                                   Bar on 31 August 1992. His major
August 1985. His principal areas of                                                areas of practice are administrative
practice are commercial, equity and     5th Floor Wentworth                        law, commercial law and regulatory
family law. He is a member of the                                                       .
                                                                                   work. Over the last few years Robert
Bar Council. [LLB (The Australian       Ian Neil began practising at               was one of the counsel assisting
National University)]                   the New South Wales Bar on 8               the HIH Royal Commission and
                                        February 1991. His principal areas         was counsel assisting the ICAC
David Dalton                            of practice are commissions of             Inquiry into the Land Dealings of the
                                        inquiry, administrative and industrial     Koompathoo Aboriginal Land Council.
Maurice Byers                           law. In 2001-2002 Ian was one              He is a member of a Bar Association
                                        of the counsel assisting the Royal         professional conduct committee.
David Dalton began practising at the    Commission into the Building and           [LLB (Hons) BSc (Australian National
New South Wales Bar on 22 May           Construction Industry. He has              University)].
1987. His principal areas of practice   appeared in the special commissions
are criminal law and appellate cases.   of inquiry into the Glenbrook and
[LLB (University of Sydney)]            Waterfall rail accidents, as well as the
                                        Australian Government’s inquiry into
                                        the UN Oil for Food Programme. [BA
                                        LLB (University of Sydney)]

    Make www.nswbar.asn.au your home page                     Bar Brief No. 135 October 2006                     Page 6
Katrina Howard                              of practice is revenue law. Roger has          2005 silks donate generously
                                            authored or co-authored a number of
15 Wardell                                  publications on revenue law including          It is a long-standing tradition that each
                                            Understanding Australian International         year’s new silks donate a gift to the Bar
Katrina Howard began practising at the      Taxation and Lawyers Tax Companion.            Association or, particularly more recently, to
New South Wales Bar on 4 February           [LLB BA (Australian National University)       one or more charities.
1993. Her principal area of practice        LLM (York University, Toronto) M Tax
is intellectual property law, especially    (University of Sydney)]
                                                                                           The 2005 silks donated more than $49,000
in the areas of pharmaceuticals and                                                        to the Indigenous Barristers’ Trust - the
biotechnology patents. Katrina has          Andrew Bell                                    Mum Shirl Fund, Assistance Dogs Australia,
also written for CCH’s Industrial and                                                      the Indigo Foundation and the Wesley
Intellectual Property Reporter. [LLB        11 Wentworth                                   Foundation.
(Hons) (University of Melbourne); BSc
(Hons) (Monash University)]                 Andrew Bell began practicing at the New        The Indigenous Barristers Trust, established
                                            South Wales Bar on 9 February 1995.            in 2002, exists to help Indigenous lawyers,
Adrian Galasso                              His principal areas of practice are private    especially in their first few years of practice,
                                            international law, admiralty and insurance     as well as Indigenous law students
9 Wentworth                                 law. Andrew is a former member of the          overcome serious financial impediments
                                            Bar Council and a professional conduct         to practising at the Bar. The recent very
Adrian Galasso commenced practice at        committee. He is a current member              successful National Indigenous Law
the New South Wales Bar on 22 March         of the Limited Liability Working Party         Conference, was held under the auspices of
1993. His principal areas of practice are   and editor of Bar News. He has written         the trust and of the Bar Association.
in environmental and planning law, local    extensively in the area of private
government and administrative law.          international law and holds a Doctorate        Assistance Dogs Australia trains and
Adrian was appointed in 2006 as chair       in Private International Law. [LLB (Hons)      maintains dogs in community settings to
of the Cowra Independent Review Panel       BA (Hons) (University of Sydney) BCL           assist people with their disabilities and
to enquire into land use planning and       (Hons) (Oxford University) PhD (Private        to help them achieve a greater level of
decision making of Cowra Council. [LLB      International Law (Oxford University)]         independence. Not only do the dogs assist
(University of Sydney)]                                                                    their companions physically, but also they
                                            Richard McHugh                                 also relieve loneliness and social isolation,
Nye Perram                                                                                 helping their owners integrate more with
                                            Banco                                          their local communities. This increase in
                                                                                           independence allows them to get on with
12 Wentworth/Selborne
                                            Richard McHugh commenced practice at           their lives, often attending college, getting
                                            the New South Wales Bar on 20 March            employment or just mixing more.
Nye Perram began practising at the New
South Wales Bar on 22 March 1993.           1995. His principal area of practice is
                                            general commercial litigation and he also      The Indigo Foundation is an independent
His major areas of practice include
                                            practices in defamation and media law          Australian community development
constitutional and administrative law,
                                            as well as constitutional law. Richard is      organisation, which provides assistance to
equity, commercial law and corporate
                                            currently a member of a professional           improve the lives of people in marginalised
regulation. Nye has been a member of
                                            conduct committee and the Common Law           communities in Australia and the Asia-
the Bar Council in 1997-1998 and 2005
                                            Committee. [LLB (Hons) University of           Pacific region, working in the areas
– 2006. He has served on a number of
                                            Sydney LLM (Yale)]                             of health, education, and agriculture.
Bar Association committees, including
                                                                                           The foundation is currently supporting
the Anti-Discrimination Committee and
                                            Mark Leeming                                   community development projects in Rote,
various professional conduct committees.
                                                                                           Indonesia, Hazarajhat, Afghanistan,
He is a contributor to the Oxford
                                                                                           Solomon Islands and Tamil Naidu, India:
Companion to the High Court of Australia.   8 Selborne
[LLB (Hons) BA (University of Sydney)
BCL (Oxford University)]                                                                   The Wesley College Foundation, attached
                                            Mark Leeming began practicing at the
                                                                                           to Wesley College at the University of
                                            New South Wales Bar on 4 August 1995.
                                                                                           Sydney, enables old collegians to maintain
                                            His major areas of practice include
                                                                                           the friendships they have established at
                                            administrative law, commercial law,
                                                                                           Wesley. It offers foundation members
Roger Hamilton                              insurance law, intellectual property
                                                                                           opportunities to become actively involved in
                                            and migration law. He is a co-author
                                                                                           fundraising, mentoring, tutoring, strategic
Ground Floor Wentworth                      of Equity: Doctrines and Remedies and
                                                                                           planning and benefaction.
                                            Jacobs’ Law of Trusts and has been the
                                            Challis Lecturer in Equity at the University
Roger Hamilton commenced practice                                                          The Bar Association thanks the 2005 silks
                                            of Sydney since 2004. [LLB (Hons)
at the New South Wales Bar on 13                                                           for their very generous donation to these
                                            BA (Hons) PhD (Pure Mathematics)
September 1993. His principal area                                                         four worthy organisations.
                                            (University of Sydney)]

     Make www.nswbar.asn.au your home page                            Bar Brief No. 135 October 2006                              Page 
Bar Library on the move
Well, not literally. Recently visitors   While we will be
to the library have been weaving         unable to bring
their way around engineers poking        you windows in the
around in the ceilings, chair and        renovation, we will
carpet samples, librarians weeding       be addressing the
the collection.                          problems described
                                         above. Also, the library
This is because we are preparing for     will have more reading
a new library. Over the end of year      and study areas, more
break the library will be renovated.     computer access,
No more squeezing past others in         including for your
those narrow bays; no more shoving       laptops. The collection
books onto shelves that don’t adjust;    will be streamlined
no more peering at the shelf and         with access to hard
wondering why you can’t see the          copy and available                      We hope you’ll like the new space
print on the books. It’s not advancing   databases.                              and enjoy visiting.
age but the light source obscured by
the shelving. And we won’t mention       We are also working on bringing you     While the renovation is under way,
the leaks…                               a new library management system,        the library will be closed from 15
                                         so beware, chasing up of overdue        December 2006 to 29 January 2007.
The new library is being made            books will be done with renewed         The librarians will be available to
possible by money from the Emerton       vigour next year. Please return any     answer urgent requests from 15
Trust, donated to the Bar Association    books that you will not need over the   January 2007.
‘for library purposes’ by John Keith     break to the library by 8 December
Emerton.                                 2006.


CPD videos & DVDs                                                                Appointments
The following are the latest CPD seminars to be added to the Bar Library’s       Crown prosecutors
video & DVD collection. Members may borrow the items by contacting the
library on ph:(02) 9233 4025 or e-mail:library@nswbar.asn.au                     Terrance Thorpe has been appointed
                                                                                 as a deputy senior crown prosecutor,
                                                                                 effective 26 September 2006.
‘Address by Major Michael Mori USMC’, Michael Mori, 15 August 2006,
DISC/63                                                                          Phillip Ingram has been appointed
                                                                                 as an acting deputy senior crown
‘Living lawyers’, Craig Leggat SC and Michele Kearns, 8 August 2006,             prosecutor, effective 26 September
DISC/6                                                                          2006 to 15 December 2006-10-05

‘Online fraud today’, Terrence Healey, 23 August 2006, DISC/65
                                                                                 Public defenders
‘Computer forensics – what is it?’ Matthew Westwood-Hill, 24 August 2006,
                                                                                 Lloyd Babb has been appointed as an
DISC/66
                                                                                 acting public defender, effective 16
                                                                                 October 2006 to 15 October 2007.

Caselaw survey
Do you use the Caselaw web site to read NSW judgments and decisions? If yes, then the NSW Attorney General’s
Department is interested in what you think. Try their web survey at

http://www.lawlink.nsw.gov.au/lawlink/caselaw/usersurvey.nsf/survey?OpenForm and have your say.

For any questions about the Caselaw survey, please contact AGD Web Services via e-mail:

webservices@agd.nsw.gov.au


     Make www.nswbar.asn.au your home page                     Bar Brief No. 135 October 2006                 Page 
Court building improvements
2006 is shaping up to be a big year       around the state are in dire need          •   airport-style perimeter security
for new court buildings. Three            of improvement. Whilst many are                into eight court buildings,
opening ceremonies at Bankstown,          fine heritage buildings (85 per cent           bringing the total number to 25,
Mount Druitt and Broadmeadow is           of court houses were built before
already more than any year since          1930 and 72 per cent are considered        •   upgrades to electronic security
1908. A fourth new building - the         historically significant), they lack           and surveillance systems at 18
Children’s Court at Parramatta            the space and range of amenities               court buildings.
– will start operating in November.       that today we regard as essential.
These new buildings represent an          Typically they were built with little or   There are 166 operational court
investment of over $80 million.           no public waiting areas or facilities      buildings in NSW, and fixing the
                                          for legal practitioners and other          problems in all of them would
The new court houses have all been        court support groups. Providing            cost far more than the available
built to world-class design standards     reasonable access for people with          budget. So expenditure needs to
and are equipped with the latest          even minor mobility difficulties can       be prioritised. In the next year,
courtroom and security technology.        be a major challenge. Older court          $30 million will be spent on capital
They provide spacious and                 houses are often difficult to secure       improvements. The larger projects
comfortable public areas and facilities   and do not conform to modern               will include an extension at Nowra
for practitioners and clients to meet     building standards.                        to accommodate an additional
in private. They also accommodate                                                    courtroom, and refurbishments at
a range of specialist justice services,   More modern expectations in court          Albury, Fairfield, Central, Goulburn,
and cater for the increasing              buildings, such as safe rooms for          Moree, King Street (Sydney) and
trend towards alternative dispute         victims of violent crime, facilities for   Penrith. The Department will also
resolution, with dedicated facilities     vulnerable witnesses to give evidence      address some urgent works to
for community justice centres.            from outside the courtroom, and            improve disability access, especially
                                          dedicated rooms for the many public        in regional jury trial courts, and some
Western Sydney, where caseload            and philanthropic services have to         alterations to accommodate the new
continues to rise and the existing        be creatively accommodated in the          CourtLink technology.
court capacity is stretched to the        limited available space. The cost to
limit, is a focus for much of the         address all these issues in a heritage     Looking ahead to the 2007/08
new development. The two new              court house is often comparable with       financial year, the Department
buildings at Bankstown and Mount          that of building a new one.                plans to continue refurbishments
Druitt, and a $5 million extension                                                   at Goulburn and Central and
onto Blacktown court, have provided       The Government has allocated               start major renovations at Wagga
eight new courtrooms in the region.       $250 million over ten years for            Wagga, Dubbo, Bathurst, Taree and
The Children’s Court will provide         improvements to existing court             Waverley. In later years, capital
another six, and the new trial court      houses. Some significant projects in       investment will target Newcastle,
at Parramatta will add a further nine     this programme were completed last         Wollongong, Penrith, Manly, Gosford,
courtrooms to the region in 2008.         year, including:                           Parramatta and jury courts in Sydney
The completion of these projects will                                                CBD.
allow the Department to attend to         •   an additional courtroom and
some long overdue improvements                associated facilities at Blacktown,    All of the proposed renovations
to Fairfield, Penrith and Parramatta.                                                require detailed planning, wide
Far from being closed – as has been       •   improved access for people with        consultation and innovative design to
suggested in some quarters – these            a disability at Muswellbrook,          adapt historic buildings for modern
existing facilities in Western Sydney         Windsor, Kiama, Albury and             use; these take considerable time
will be given a new lease of life.            Bourke,                                to do properly. Invariably, courts
                                                                                     need to remain fully operational
For the future, the Attorney General’s    •   major improvements at Goulburn         during construction works, adding
Department’s priorities for new court         Courthouse,                            more time and complexity. Despite
facilities are Coffs Harbour, Armidale,                                              the hurdles, the Attorney General’s
Windsor and the South West of             •   improvements to the fire safety        Department has already made great
Sydney.                                       systems at the King Street             progress and the extensive works
                                              Courthouse (Supreme Court),            currently being planned will result
Many of the existing court buildings                                                 Continued on page 11

    Make www.nswbar.asn.au your home page                        Bar Brief No. 135 October 2006                     Page 9
                                        Fees owed to counsel
                                        Pursuant to s623(2) of the Legal Profession Act 2004 (NSW),
                                        Andrew Brown has been appointed manager of the following
                                        solicitors’ practices:

                                        The law practice of Dilanchian
                                        Kennedy and Associates

                                        Tony Kemp Lawyers

                                        Counsel with outstanding fees should contact Mr Brown as soon as
                                        possible. Whilst Mr Brown has advised that he cannot guarantee
                                        fees outstanding would be paid in total or recover of any fee due
                                        from any source, he would do his best to assist counsel owed fees.
                                        Andrew Brown may be contacted on:

The Inaugural                           ph: (02) 9926 0321,
Graham Hill Award                       fax: (02) 9926 0166

Beginning in 2006, the inaugural        or via e-mail: asb@lawsocnsw.asn. au
Graham Hill Award will be conferred
annually on a person who has
made a significant contribution to
improving the administration, policy,
practice, teaching or understanding
of revenue law in Australia.

To nominate someone for the
Graham Hill Award, send the details
of your nominee, and reasons why
you consider them a worthy recipient
of the award, to:

rspeed@sslaw.com.au

Please include your contact details
and those of the recipient.

Nominations close at 5pm Friday, 13
October 2006.

The 2006 Graham Hill Award
will be announced on Thursday,
30 November 2006.

For more information, visit

www.grahamhillaward.com.au




    Make www.nswbar.asn.au your home page           Bar Brief No. 135 October 2006                    Page 10
The 2006 Francis Forbes Lecture
The annual Francis Forbes Lecture          the complaint was just the same.           Historical Societies; and the honorary
for 2006 will be delivered by                                                         archivist of St James’ Anglican
Rosemary Annable on 9 November             When it finally vacated the site in        Church, the Supreme Court’s
2006 in the Common Room of the             1977, after one hundred and fifty          closest and oldest neighbour. She is
New South Wales Bar Association,           years of use, to move into a new           currently a member of the Heritage
down the stairs at Selborne                building on Queen’s Square, it             Council of New South Wales and the
Chambers, 174 Phillip Street, Sydney.      seemed as if the Supreme Court’s           chair of its History Panel. Rosemary’s
The theme is ‘A setting for justice:       continuing association with its first      research on the King Street courts
building for the Supreme Court of          court house would be only token. But       was undertaken for the firm of PTW
New South Wales’.                          twenty years later the Supreme Court       Architects, on behalf of the Attorney
                                           moved back and as work began to            General’s Department, as part of the
In October 1819 Governor Macquarie         conserve and enhance these much            extensive programme of restoration
laid the foundation stone for ‘the new     complained of buildings, some of           and refurbishment undertaken on the
courthouse in Hyde Park’, the first        their history began to be revealed.        King Street courts site since 1997.
permanent, purpose-built home for
the colony’s law courts. Intended as       Where did it all go wrong? Whose           Pre-lecture tour
a handsome ornament to the town            design was it? And why could no-one
of Sydney, it was to be designed           put it right?                              Prior to the 2006 Lecture, at .30pm
by the emancipist architect, Francis                                                  on Thursday, 9 November
Greenway. Eight years later when           Rosemary Annable is a consultant           2006, there will be a tour of the
the building was finally completed,        historian who has worked for over          Old Supreme Court Building. It will
it was on another site, to a different     twenty years in the field of heritage      be hosted by the court’s architect,
design and was already too small           studies, researching buildings and         Ms Diane Jones. People wishing to
for its important purpose. In 1833         sites for conservation projects. She       participate in the tour should meet
its judicial occupants thought it          is a fellow, and past president, of the    at the King Street entrance to the
‘inconvenient, inadequate and              Royal Australian Historical Society; a     court, in the outside verandah area.
comfortless’. A hundred years later        fellow of the Federation of Australian

Court building improvements (continued)
in much improved conditions in our         Newcastle, is our first purpose built      Parramatta Justice Precinct
court houses, especially for those         court house for children’s matters,
whose working life depends on them.        and is specially designed to provide       The Parramatta Justice Precinct
                                           a calm and secure environment              brings together a range of justice
New Court buildings in 2006                for hearing both criminal and care         agencies in a highly accessible
                                           matters involving children and young       location for residents of metropolitan
The new Courthouse at Bankstown is         people. A children’s clinic has been       Sydney, effectively creating a second
over twice the size of its predecessor     incorporated where young people            justice hub with the CBD. Over 550
with five state-of-the-art courtrooms.     can be assessed before they appear         solicitors and 100 barristers already
The building also features a               in court.                                  work in the greater Parramatta
Community Justice Centre, where                                                       region, making it the third largest
free mediation services are available      The Parramatta Children’s Court            legal centre in Australia. The precinct
for the resolution of civil disputes and   will provide a purpose built facility      involves construction of three new
facilities for the Magistrates’ Early      to handle both care and criminal           justice facilities for a total investment
Referral into Treatment program.           matters for the greater metropolitan       of $329 million. The project is well
                                           region of Sydney. Accommodation            ahead of schedule.
Mount Druitt did not have a court          will consist of six multi-use children’s
facility until 2006. The new building      courtrooms and facilities will include     Continued on page 1
incorporates two courtrooms and            a children’s clinic and children’s
facilities for the ‘circle sentencing’     registrar’s hearing rooms. The court
program, which aims to address the         building is nearing completion and
over-representation of Aboriginal          hearings will start there in November
people in custody.                         2006.

Broadmeadow Children’s Court, near

    Make www.nswbar.asn.au your home page                         Bar Brief No. 135 October 2006                      Page 11
Case conferencing at committal stage
The New South Wales Government’s         given instructions to negotiate a plea     the practitioner is in a remote
case conferencing reforms to the         to a reduced charge, then approval        location without ready access to
management of indictable matters at      will be given if one or more of the       a public defender to assist in the
committal stage commenced across         following is satisfied:                   conduct of complex negotiations;
NSW in all matters involving state
charges subject to a grant of legal       a crown prosecutor will be               attempts to negotiate a plea of
aid on or after 1 January 2006.          attending the case conference;            guilty to a reduced charge with the
                                                                                   DPP prior to the case conference
The objective of case conferencing        the brief involves issues of            have been unsuccessful; or
is to stem the increase in committals    extraordinary legal or evidentiary
for trial and avoid pleas of guilty or   complexity;                                a grant has been given for
matters being no-billed on the day or                                              counsel to advise on defence.
the eve of trial.                         the charge involves allegations of
                                         conspiracy;                               Counsel will be paid a lump sum fee
The commission has introduced a                                                    of $800 to advise on the brief and
lump sum fee structure that provides      the case involves multiple co           $461 to attend the case conference.
for payment to practitioners for the     accused and requisite complexity;         Where the brief involves additional
preparation that they will have to                                                 reading material, provided prior
do to be able to conduct meaningful       the client has a mental illness or      approval is sought and given, counsel
negotiations with the prosecution        an intellectual disability and the case   will be paid a reading fee equivalent
- to attempt to resolve the matter at    involves requisite complexity;            to the District Court refresher rate.
committal, where appropriate.
                                          a crown witness is an informer;         Where counsel has been briefed to
Briefing counsel to advise on                                                      advise on the brief and/or to attend
the brief and to attend the case          the client has given instructions       the case conference and the matter
conference                               he or she will give evidence against      is committed to the District Court for
                                         a co accused;                             trial, the assigned solicitor should
The commission has also introduced                                                 make all efforts to brief the same
a specific grant for counsel to advise    the defence is exceptionally            counsel.
on the brief, and/or to attend the       complex;
case conference. If the client has



CCA sits at Bathurst                     of the Law Society, Mrs June McPhie,      at Cobblestone Restaurant for the
                                         extended a welcome on behalf of the       judges, their staff and members of
                                         solicitors of New South Wales. The        the profession.
The Court of Criminal Appeal
                                         formal opening was followed by a
(Spigelman CJ, McClellan CJ at CL
                                         very convivial morning tea.               After the court finished its business
and Sully J) sat for the first time in
Bathurst on Thursday, 31 August                                                    on the Friday, the three judges made
and Friday, 1 September 2006. The        The Bar was well represented by           a visit to the Bathurst Gaol.
historic and magnificent courthouse      Derek Cassidy QC, Tim Game SC,
at Bathurst was a fitting venue for      Bill Walsh, Phillip Ingram, James         Bill Walsh
the occasion.                            Kearney, David Day and Andrew Gee.        William Owen Chambers

                                         A special guest at the opening was        If you cannot wait to taste the wine, food and
On the Thursday, there was a                                                       hospitality of Orange until the Bar’s next mini-
ceremonial sitting of the court.         the Right Reverend Richard Hurford,
                                                                                   CPD day at Turner’s Vineyard on Saturday, 3
The mayor of Bathurst, Mr Norm           the Anglican Bishop of Bathurst.          March 2O07, then why not come to Orange for
Mann, officially welcomed the court      Bishop Hurford is perhaps better          Orange Wine Week from Friday, 20 October
to Bathurst on behalf of the local       known to members of the Bar as the        to Sunday, 29 October 2006 inclusive.

community.                               former rector of St James’ Church in      To obtain the event programme or
                                                                                   further information, contact Orange Wine
                                         King Street (1997- 2001).
                                                                                   Vignerons Association on (02) 6360
Bill Walsh of William Owen Chambers                                                1990 or info@winesoforange.com.au or
at Orange welcomed the court on          On the Thursday evening, a most           Margaret Chamberlain, Clerk at William
behalf of the Bar whilst the president   enjoyable dinner was hosted by the        Owen Chambers, phone (02) 6361 7959 or
                                         Central West Regional Law Society         woc@,bigpond.net.au.

    Make www.nswbar.asn.au your home page                      Bar Brief No. 135 October 2006                            Page 12
Bar hosts first national conference for                                         Promising outcomes
Indigenous lawyers                                                              from in-house
In Sydney on 22-23 September 2006                                               criminal law
the Bar Association together with                                               conference
the Indigenous Barristers Trust:
The Mum Shirl Fund hosted the first                                             The in-house criminal law conference
national gathering of Indigenous                                                held on 1 September in the common
lawyers and law students at the                                                 room saw a marvellous turn out and
Inaugural National Indigenous Legal                                             was an outstanding success.
Conference.
                                                                                The conference discussed criminal
The conference focussed on career                                               procedure, sentencing and
options for Indigenous law students                                             substantive law reforms in the
and graduates, followed by an                                                   criminal justice system. The principle
informal dinner with participants and                                           aim will be to advance a package of
interested barristers and solicitors.                                           reforms by bringing these issues to
                                               Tom Calma, keynote speaker       the attention of both government
The conference, partially funded                                                and opposition.
                                        the topical issue of customary law,
by the Commonwealth Attorney-           the practice of law and the various
General’s Department, was attended                                              The conference was a wonderful
                                        ‘hybrid’ legal systems that operate
by 120 Indigenous legal practitioners                                           opportunity for judges and barristers
                                        around the nation in the form of
and 60 law students from across the                                             to make a direct contribution to
                                        circle sentencing and Murri and Koori
country as well as anyone interested                                            better public policy in respect of the
                                        courts were reviewed.
in Indigenous customary law. In                                                 administration of criminal justice in
addition to the funding from the                                                New South Wales.
                                        A resolution was passed
Commonwealth AG, all Indigenous
                                        for the establishment of a
law students were sponsored to                                                  The criminal law committee is
                                        National Indigenous Lawyers
attend the conference as a result                                               currently reviewing the detailed
                                        and Law Students Association.
of generous donations from NSW                                                  conference material and preparing
                                        Representatives from each state
judges and barristers and a number                                              reform proposals for Bar Council,
                                        (except Tasmania) were selected
of the large Sydney law firms.                                                  with the view that the Bar
                                        and NSW barrister Tony McAvoy is to
                                                                                Association publicly propound
                                        chair the first meeting.
The opening address on ‘Indigenous                                              proposals which command a broad
Australians and the Law’ was given                                              measure of consensus within the Bar
                                        A further resolution was also
by the Honourable Sir Gerard                                                    to both government and opposition
                                        passed whereby The Queensland
Brennan AC KBE, patron of the                                                   for wider debate in the community.
                                        Bar Association undertook to host
Indigenous Barristers’ Trust. Mr
                                        the next national Indigenous legal
Tom Calma, Human Rights and                                                     The president and the Bar
                                        conference within two years.]
Equal Opportunity Commissioner,                                                 Association would like to thank the
ATSI Social Justice and Acting Race                                             organising committee, ably led by
                                        The conference was a great success
Commissioner gave the keynote                                                   Stephen Odgers SC and assisted by
                                        and was primarily organised by Chris
address on the ‘Integration of                                                  James Bennett SC, Lloyd Babb SC,
                                        Ronalds SC and Tony McAvoy. They
Aboriginal Customary Law in the                                                 Andrew Haesler SC, Kate Traill and
                                        did a magnificent job and provided a
Australian Legal System’.                                                       Tony Bellanto QC.
                                        stimulating conference program.

The conference also incorporated                                                The president also wishes to thank
                                                                                the following people for preparing a
Annual reports                                                                  paper and volunteering to speak at
                                                                                the conference: Andrew Haesler SC,
The Bar Association has introduced electronic distribution of annual reports    Stephen Odgers SC, Judge Tupman,
to members. During membership renewals, nearly 2000 members nominated           Daniel Howard SC, Greg Smith SC,
an e-mail address to receive their copy of the annual report.                   Ian Barker QC, Phillip Boulten SC,
                                                                                David Dalton.
Should any member wish to view or obtain a hard copy of the annual report,
copies are available in the association’s library and from reception.

    Make www.nswbar.asn.au your home page                     Bar Brief No. 135 October 2006                  Page 13
The Children’s Court is a $39
million investment (continued           New members
from page 1)
                                        The persons listed below were accepted as new members of the New South
A new nine-court complex is to          Wales Bar Association at a meeting of Bar Council on 31 August 2006.
be built on the former Parramatta
Hospital site. The project includes      Surname        Given names        Chambers / Address                     Class
one court dedicated to the Parole
                                         Barry          Douglas            Frederick Jordan Chambers                A
Board. Construction will commence
in 2006 and it will cost $101million.    Leamey         David              Pitt Street, Sydney                      A
At this stage, it is scheduled for       McConnachie    Alastair           174 Phillip Street Sydney                B
completion in December 2007, 6
                                         Narayan        Alwyn              Owen Dixon Chambers (Melb)               B
months ahead of programme.
                                         Saul           Ben                University of NSW                        A

The new office accommodation is
a nine-storey building, for NSW         Legal Aid Information Service
Attorney General’s Department.
It includes provision for a range
                                        Legal Aid NSW has a new email information service to tell practitioners about
of client services including Births,
                                        legal aid developments. The subscription service provides news such as
Deaths and Marriages, Office of the
                                        announcements of changes to legal aid policies and practitioners’ fees, and
Protective Commissioner and Office
                                        invitations to conferences. Subscription is free and members can unsubscribe
of the Public Guardian. The building
                                        at any time. To subscribe, go to
will have a five star environmental
rating, the first NSW Government
                                         http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=725
facility to meet these standards. The
building is scheduled for completion
late September 2007, four months        For information, contact Legal Aid’s Grants Support Desk on (02) 9219 5999
ahead of programme.                     or by email at grants.support@legalaid.nsw.gov.au


Bar Council business (continued)
Budget for tort law reform              insurers. The Bar Council agreed             It was resolved that the president
campaign                                that, nonetheless, the campaign              write to the New South Wales
                                        should proceed.                              Government and the opposition
The president spoke to the                                                           asking that the recommendations of
memorandum from the executive           The Bar Council further resolved that        the 1986 Law Reform Commission
proposing a budget for the tort law     the Bar Association participate in the       report Criminal Procedure: The Jury
reform campaign.                        public campaign designed to raise            in a Criminal Trial, concerning juror’s
                                        awareness of the inequities in the           pay and conditions be implemented.
The president noted that the            current personal injuries legislative
Australian Lawyers Alliance would       regime.                                      It was further resolved that the
be involved in the campaign. Their                                                   president take up with both the
assistance would be primarily           The Bar Council further resolved that        state attorney general, and the
concerned with the case studies of      if the proposed budget cannot be             commonwealth attorney-general, the
persons who were adversely affected     raised from members, the campaign            need for the Australian Government
by the new tort law regime.             budget would be further reviewed by          to commit to funding equivalent
                                        the executive.                               appropriate pay and conditions for
The president will discuss with the                                                  commonwealth matters tried in New
senior vice-president and vice-         Jurors’ pay and conditions                   South Wales courts.
president the draft media protocol
being developed before it was settled   The Bar Council discussed the                 Judge’s library for
with the Law Society.                   president’s memorandum which
                                        made clear that juror’s pay and               sale
The president noted that there would    conditions are sub-standard and               Detailed lists available on request
be criticism of the campaign by,        contrary to the public interest.              Ph: (02) 9377 5645
for example, the government and

    Make www.nswbar.asn.au your home page                       Bar Brief No. 135 October 2006                      Page 1
                                                                                   Michael Ainsworth
Bar Council election nominations (continued)                                       William Brewer
                                                                                   Nicole Carroll
•   Local practising barristers*          Friday 3 November 2006.                  John Chicken
                                                                                   Michael Coroneos
•   Members who were ordinary             If members have any queries              Michael Crawford-Fish
    members – Class A immediately         concerning the election, they should     Carolyn Davenport SC
    prior to the adoption of the          contact the returning officer on         John Doris
    present Constitution on 1             ph (02) 9229 1735; fax (02) 9221         Ronald Driels
    January 2000 and who are not          1149 or (and preferably) by e-mail       Joanne Gallagher
    local practising barristers.          executivedirector@nswbar.asn.au.         Tim Gartelmann
                                                                                   Maurice Gelbert
•   Life members                          P.A. Selth                               John Gordon
                                                                                   Stephen Hanley
The following financial members of        Executive director and returning         Paul Hogan
the association are entitled to vote at   officer                                  Philip Hogan
the election for the Bar Council:                                                  Paul Johnson
                                          * Local practising barrister means       Peter McGrath
•   Local practising barristers*          a practising barrister whose sole        Ertunc Ozen
                                          or principal place of legal practice     Mitchell Paish
•   Members who were ordinary             is in the state of New South Wales       John Peluso
    members – Class A immediately         and who holds a current practising       Eric Petersen
    prior to the adoption of the          certificate as a barrister issued        Michael Pickin
    present Constitution on 1             under the New South Wales Legal          John Reimer
    January 2000 and who are not          Profession Act 2004.                     Michael Shaw
    local practising barristers.                                                   Christopher Simpson
                                                                                   John Spencer
•   Life members                                                                   Nathan Steel
                                                                                   Tim Watts
Please note that nomination forms
                                                                                   Hugh White
must be received by the returning         There was movement                       Glenn Whitehead
officer at the office of the Bar
Association by 4.00pm on Monday 16
                                          of the chambers…                         Adam Williams
                                                                                   Peter Williams
October 2006.                                                                      Robert Webb
                                          The building at 157 Liverpool St is
The receipt of all completed              due to be demolished. There are two
                                          floors of barristers’ chambers moving    Linda McSpedden has moved to
nomination forms will be                                                           Owen Dixon Chambers and Ian Lloyd
                                          from there, but as both retain their
acknowledged in writing by e-mail                                                  QC to martin place chambers
                                          existing DX, phone, fax etc there
or fax. Should anyone not have
                                          should be no disruption to regular
received an acknowledgment within         communications.
24 hours of lodging their nomination,
they should contact the returning
                                                                                    Find a barrister
                                          However, not all barristers are
officer.                                  moving with their existing floor. Some    photo
                                          are going to other chambers whilst
Should you have your nomination           other barristers will be joining the      The facility exists for a member’s
form hand delivered to the Bar            new address from elsewhere.               photo to be attached to ‘Find a
Association, and you wish to have                                                   barrister’ on The New South Wales
an acknowledgment (receipt) issued        Trust Chambers has moved to level         Bar Association’s web site. If you
immediately on delivery, please ask       10/287 Elizabeth Street. The new          wish to make use of this facility
(or have the person making the            clerk, Susie King, was previously
                                                                                    you may send a digital photo to
delivery ask) reception staff for a       clerk at Ground Floor Windeyer and
                                                                                    the Bar Association requesting
receipt.                                  has replaced Deborah da Silva who
                                          is now clerk on 16 Wardell.               that it be put on the web site.
Members eligible to vote at the                                                     There is no charge for this facility.
election may sign any number of           Samuel Griffith Chambers has
nominations.                              moved to level 30, 66 Goulburn            Alternatively, you may use the
                                          Street (the new building atop the         Photo ID card which is available
Members nominated for election may        Masonic Centre, opposite the Family       to members and is used for library
withdraw the nomination by notice         Court). The clerk, Sarah Bradley          lending and photocopying, and for
in writing delivered to the returning     provided the list below of barristers     prison access at a cost of $15.00.
officer at any time before 1.00pm on      affected.


    Make www.nswbar.asn.au your home page                       Bar Brief No. 135 October 2006                    Page 15
                                        In brief
                                                                                  Bar Council regional
                                        Law Society CEO                           representatives
                                        At its meeting on 7 September,            Stuart Hill
                                        the Law Society Council appointed
                                                                                  Hargrave Chambers
                                        Michael Tidball to the position of
                                        chief executive officer, effective        162 Crown Street
                                        immediately.
     Fifth Annual                                                                 Wollongong NSW 2500
                                                                                  P: (02) 4228 8977
    Supreme Court                       Mr Tidball has served the Law
                                        Society for a period of five years in     F: (02) 4226 3947
        Concert                         the position of chief operating officer   hill@hargravechambers.com.au
                                        and has also filled the role of acting
The chief justice of New South Wales    CEO for the past five months.
                                                                                  Rob O’Neill
cordially invites all members of the
                                        Summer sittings                           Lachlan Macquarie Chambers
Bar, their partners and friends to
an evening of opera and orchestral                                                16 George Street
                                        The Court of Criminal Appeal will sit
music in the Banco Court with five                                                Parramatta NSW 2150
                                        two benches on 16, 18, 22 and 24
young stars from Pacific Opera.
                                        January 2007.                             P: (02) 9635 1000

The special guest will be                                                         F: (02) 9891
                                        Legal Aid Commission travel
internationally acclaimed harpist       allowance                                 1989ro’neill@lacmac.com.au
Marshall McGuire
                                        Legal Aid NSW has reviewed the
                                                                                  Bill Walsh
Cocktails and canapes will be served    travel allowance four solicitors and
in the Level 13 Foyer followed by the   barristers. As of 1 August in state       William Owen Chambers
Concert, which will include the music   matters they pay, for solicitors and      121A Byng Street
of Handel, Puccini, Verdi, Rossini,     barristers, $0.60 per kilometre for       Orange NSW 2800
Offenbach and others.                   approved travel and a flat fee of
                                                                                  P: (02) 6361 7959
                                        $100 per trip in addition to the per
Date: Monday, 30 October 2006           km fee.                                   F: (02) 6361 7921
                                                                                  woc@bigpond.net.au
Time: 5.15pm for drinks in the foyer    ASIC fees policy
6.15pm to 7.30pm for the concert
                                        The Australian Securities and             Geoff Radburn
Venue: Banco Court, Level 13            Investment Commission has                 Lismore Chambers
                                        announced that it will no longer be
                                                                                  32 Molesworth Street
                                        briefing counsel at a higher rate than
Cost: $55 per person (including
                                        the Commonwealth Counsel Fees             Lismore NSW 2480
refreshments)
                                        Policy and instead, will fall in line     P: (02) 6621 2854
                                        with other agencies and departments
Bookings are essential                                                            F: (02) 6621 3898
                                        of the Australian Government.
                                                                                  radburn@nor.com.au
Cheques should be made payable to       The Commonwealth Counsel Fees
The Supreme Court Concert               Policy is published by the Office of      Stewart Austin
and sent to:                            Legal Services Coordination (OLSC)
                                        of the federal Attorney-General’s         Chambers
Ms M. Finter
Justice Palmer’s Chambers               Department. It issues directions          30 Church Street
                                        to Commonwealth Government                Newcastle NSW 2300
Supreme Court of NSW
                                        departments and agencies setting
GPO Box 3                                                                         P: (02) 4926 2844
                                        out Commonwealth practice in
Sydney NSW 2001                         briefing counsel.                         F: (02) 4926 2841
                                                                                  sca371@ozemail.com.au
                                        A copy of the Counsel Fees Policy is
                                        available from the Bar Library.



    Make www.nswbar.asn.au your home page                     Bar Brief No. 135 October 2006               Page 16

				
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