Bar Brief - New South Wales Bar Association

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					     Bar Brief
     The newsletter of the New South Wales Bar Association


Law & Justice Foundation commendation for Chris Ronalds AM SC
The Law and Justice Foundation’s Annual
Award dinner was held in the Strangers’
Dining Room, Parliament House on
Tuesday, 31 October.


The Bar Association sponsors the Law
and Justice Volunteer Award, presented
to an individual or group of individuals,
who, in a voluntary capacity, demonstrate
outstanding commitment to improving
access to justice, particularly for socially
                                               Left picture: Chris Ronalds AM SC Right: President Michael Slattery QC presents the Law and Justice Volunteer
and economically disadvantaged people.         Award to Frances Milne from the Balmain For Refugees group

                                               forensic experts to ensure the legal                     Indigenous students and barristers.
The 2006 award went to Balmain For
                                               needs of asylum seekers are met. Highly
Refugees, a group of more than 100
                                               commended was Ruth Alley for her                         Guest of honour at the awards ceremony
volunteers who help asylum seekers
                                               volunteer work in Newcastle Court.                       was former prime minister of Australia,
at Villawood Detention Centre and
those released without funds into the                                                                   the Rt Hon Malcolm Fraser AC CH. Mr
community.                                     It was particularly pleasing for members                 Fraser’s hard-hitting speech, warning
                                               of the Bar that Ms Chris Ronalds AM SC                   the Australian Government not to instil
                                               was ‘highly commended’ for her track                     in Australians a fear of Islam that will
BFR raised more than $360,000 in
                                               record advising governments on access                    take decades to eradicate, was widely
2005/2006. The funds are used to pay for
                                               to justice issues and as a champion of                   reported. A copy may be obtained from
interpretors, translators, authentication
                                               reform in areas including affirmative                    the Law & Justice Foundation’s web site
of documents and to organise rosters
                                               action, sex discrimination, disability                   at www.lawfoundation.net.au
of lawyers, doctors, psychologists and
                                               discrimination, and her support for


Daily transcripts for District Court matters                                                           Contents
The Attorney General’s Department will         and uses contract transcription services                Bar Council election results                     2
provide daily transcripts for all District     during periods of high demand. The
Court criminal hearings in the Downing         timely delivery of daily transcripts                    Bar Council business, Sept-Oct                   3
Centre, unless the presiding judge does        depends on many factors, including the
not require this service.                      notice given, the number of pages to be
                                                                                                       A message from the president                     4
                                               transcribed and the amount of transcript
The decision followed an initial eight-        work being undertaken at any given time.
                                                                                                       A Fair Go For Injured People                     5
week trial that increased both the
department’s understanding of the              The department’s longer term plans for
                                                                                                       Australian Government briefs                     5
demand for this service and the capability     improving transcription services involves
to provide the level of service required.      the use of digital capture and annotation
                                                                                                       Surfabout                                        9
                                               technology. This will allow for the more
The department will continue to provide        effective use of departmental and
                                                                                                       ABA merchandise                                  12
daily transcripts for major trials in          contract transcription resources.
metropolitan and regional courts and for
                                                                                                       New members                                      10
significant civil matters.                     The department has released a tender
                                               for digital recording and annotation
                                               technologies and it is anticipated the                  Sir Thomas More Society lecture                  14
The department has a professional and
committed workforce that is responsible        successful tenderer will be chosen by 31
                                               December 2006.                                          Papers to note                                   14
for delivering transcripts as needed


    Make www.nswbar.asn.au your home page                                   Bar Brief No. 136 November 2006                                      Page 1
                                    2007 Bar Council election results

Bar Councillors - 2007                    Tally of ballot papers
Certificate pursuant to Rule 11.8.1       Senior counsel                            Holz, Margaret*                     131
                                                                                    Coleman, Andrew                     130
Rule 11.8.1(a) [silks]                     Slattery QC, Michael           783       Sharp, Naomi*                       127
                                           Katzmann SC, Anna              549       Robinson, Mark                      122
Slattery QC, Michael                       Toner SC, Bob                  479       Francois, Rachel*                   121
Katzmann SC, Anna                                                                   Kintominas, Peter                   118
                                           Coles QC, Bernard              450
Toner SC, Robert
                                           Bathurst QC, Tom               445       Girdham, Jennie*                    102
Coles QC, Bernard
                                           King SC, Larry                 437       Avenell, Madeleine*                 101
Bathurst QC, Tom
                                           Zahra SC, Peter                306       Grey, Leo                           97
King SC, Larry
                                           Gleeson SC, Justin             293       Dive, Laura*                        96
Zahra SC, Peter
                                           Garling SC, Peter              281       Steele, Jodi*                       94
Gleeson SC, Justin
Garling SC, Peter                                                                   Perrignon, Richard                  90
                                           Perram SC, Nye                 276
                                                                                    Todd, Sandy                         88
                                           Olsson SC, Liz                 220
Rule 11.8.1(b) [under 5s]                                                           King, Paul                          85
                                           Colefax SC, Andrew             219
                                                                                    Baran, David                        78
                                           Stevenson SC, James            205
Holz, Margaret                                                                      Richards, Jenny*                    78
                                           Agius SC, John                 201
Sharp, Naomi                                                                        Donohoe, Jeremy*                    77
                                           Elkaim SC, Michael             195
Francois, Rachel                                                                    Doyle Gray, Philippe                77
                                           Arnott SC, David               189
                                                                                    Laing, Norman*                      76
Rule 11.8.1(c)                             Letherbarrow SC, Ross          183       Eagle, Michael                      71
[Junior counsel in order of highest        Mahony SC, Phillip             179       Griffin, Patrick                    68
number of votes]                           Holmes QC, Malcolm             176       Bellamy, Robert                     66
                                           Campbell SC, Steve             166       Carr, Philip*                       62
Khandhar, Paresh                           Phillips SC, Jeffrey           152       Meltz, Daniel*                      62
Traill, Kate                               Alexis SC, Todd                128       Bedrossian, Vahan                   59
McHugh, Michael                                                                     Cochrane, Cynthia*                  57
Pepper, Rachel                            Outer Bar                                 Seymour, Mark*                      56
Cunneen, Margaret                                                                   McQuillen, Tony                     54
McGrath, Garry
                                           Khandhar, Paresh                366      Sorensen, Holger                    54
Healey, Anne
                                           Traill, Kate                    318      Duncan, Malcolm                     52
Ash, David
                                           McHugh, Michael                 303      Maybury, Scott*                     51
Lancaster, Richard
                                           Pepper, Rachel                  288      Davis, Andrew                       48
                                           Cunneen, Margaret               270      Grant, Graham                       47
Polling Officer
3 November 2006                            McGrath, Garry                  257      Lawson, Mark                        46
                                           Healey, Anne                    211      Lowe, Peter                         45
                                           Ash, David                      205      Jones, Greg                         38
Office bearers for 2007                    Lancaster, Richard              194
                                           Dooley, Brian                   182
President: Michael Slattery QC
                                           Kunc, François                  182     * Denotes members who have been
Senior vice president: Anna Katzmann SC
                                           Toomey, Dominic                 175     practising as Local Practising Barristers
Junior vice president: Tom Bathurst QC
                                           McSpedden, Andrew               167     for less than five years.
Treasurer: Robert Toner SC
                                           Beilby, Liz                     162
Secretary: Rachel Pepper
                                           Wood, Christopher               156     P.A. Selth
                                           Grogin, Greg                    140
                                           Taylor, Ingmar                  139     Returning Officer
                                           Cattini, Paul                   138     3 November 2006
                                           Phillips, Susan                 136
                                           Hodgson, Thos                   134
                                           Fitzsimmons, William            133

     Make www.nswbar.asn.au your home page                        Bar Brief No. 136 November 2006                     Page 2
Bar Council business for September-October 2006

Proposed changes to the law on                  the legislation would almost certainly       conference, in particular Odgers SC,
double jeopardy                                 be rushed through the Parliament, the        Chair of the Criminal law Committee
                                                Executive have the discretion to propose     and Cindy Penrose, the Bar Association’s
The Bar Council discussed the New South         to the government and opposition             project officer, who had had the carriage
Wales Government’s proposed abolition           amendments to the Bill.                      of the conference administration.
of the ‘double jeopardy’ principle.
The Crimes (Appeal and Review)                  The Bar Council asked that copies of         The Human Rights Committee was
Amendment (Double Jeopardy) Bill 2006           the Bill (and the companion Bill, Crimes     giving consideration to one of the issues
would probably be introduced into the           (Appeal and Review) Amendment (DNA           raised at the conference, the role of the
parliament on 19 September 2006.                Review Panel) Bill 2006) be provided to      executive in the continuing detention of
                                                the Bar Council as soon as they were         forensic patients.
The Bar Council noted that the council          available.
had a traditional position of opposition                                                     Duty Barristers social function
to abolition of the double jeopardy             Criminal Law Conference – Friday 1
principle. That position would not              September 2006                               The president noted that there had
change. Nonetheless, given that it was                                                       been a very successful function held on
almost inevitable that the legislation          The president outlined what had              31 August for those who participated
would be enacted by the New South               transpired at the very successful criminal   in the Duty Barrister Scheme. At this
Wales Parliament, the Bar Council should        law conference. The broad theme of           function Traill had been thanked for her
contribute to the debate and propose            the conference had been problems with        contribution over many years to the
reasoned amendments to the Bill. The            and possible remedial action in the areas    scheme and Erin Kennedy, the new co-
council noted that there was a strong           of substantive criminal law, criminal        ordinator, welcomed to that role.
case for a retrial where the accused had        procedure and sentencing. There were
interfered with a jury.                         some 23 topics for consideration by the      Section 55D Judiciary Act 1903
                                                Criminal Law Committee that had arisen
This was another instance of significant        from the conference. The committee           The executive director advised that he
changes to long standing criminal               was preparing recommendations for            had recently met with the chief executive
procedure being rushed through the              consideration by the Bar Council.            of the High Court of Australia and with
parliament without considered public                                                         officers in the attorney-general’s private
debate.                                         The Bar Council expressed its                office concerning problems with s55D
                                                appreciation to those who had                Judiciary Act 1903, which allowed
The Bar Council resolved that, given            contributed to the success of the            persons on the roll of legal practitioners

                                                                                              continued on page 7


            Literary Event

           UNSW Press and gleebooks invite you to an evening with Andrew Lynch and George
           Williams to discuss their new book




           What Price Security?
           Taking Stock of Australia’s Anti-Terror Laws

           In Conversation with special guests Frank Moorhouse and Julianne Schultz
EVENT




           Time: 6.30pm for 7.00pm
           Date: Thursday, 23rd November 2006
           Place: gleebooks, 49 Glebe Point Road, Glebe NSW 2037
           Cost: $9 adult/$6 concession
           RSVP: By 20th November to gleebooks on 9660 2333 or events@gleebooks.com.au




     Make www.nswbar.asn.au your home page                                Bar Brief No. 136 November 2006                      Page 3
A message from the president

Bar Council and committees 2006                practice issue it is being brought to the
                                               attention of the whole Bar through this
We are close to the end of the term of         column. What is correct practice between
the current Bar Council. I wish to thank       counsel in this respect is well defined
all Bar councillors and volunteers on the      by the recent Federal Court of Australia
association’s committees for the time          Notice to Practitioners for the Conduct of
they have given to the Bar in the course       Admiralty & Maritime Work – December
of the last year. Our time is precious.        2005. Though crafted for admiralty
Balancing our domestic and professional        and maritime practitioners throughout             hearing, when the date for hearing is
lives is difficult enough without this often   Australia, it is equally apposite for the         being fixed that appropriate leave is
onerous commitment.                            conduct of counsel before all other               sought. Once sought it will usually be
                                               courts. The Federal Court judges said on          granted.
Volunteering to assist in the affairs of the   this subject:
Association provides direct support for                                                          Kirby portrait
the rule of law in New South Wales. The           It is inappropriate for one party to
work of Bar Council and its committees            send submissions, letters and partisan
                                                                                                 We received an excellent response to
also supports the administration of justice       documents to the judge. The facsimile
                                                                                                 our recent request for donations to the
in this state.                                    machine and the email system are not
                                                                                                 portait of of the Hon Justice Michael
                                                  to be used for private or unilateral filing
                                                                                                 Kirby AC CMG with our target figure of
This year Bar Council has dealt with many         of submissions or complaints without the
                                                                                                 $16,500 easily attained. We wish to thank
important policy issues on which the Bar          leave of the court, but if all parties agree
                                                                                                 members of the Bar Association who
has been required to take a public and            on a communication being sent to the
                                                                                                 contributed to the portrait.
often controversial position. The council         judge it may be forwarded, without leave,
has been a place of wide ranging, good            to the associate.
                                                                                                 The portrait is currently travelling with
humoured and well reasoned debate.                                                               the 2006 Archibald artworks touring
The Bar’s committees have continued            The principle applies equally after
                                                                                                 regional galleries in New South Wales
their effective and often unnoticed work       hearings as it does before. The sending
                                                                                                 until the end of February 2007. Once the
to assist our Bar and all its members.         of partisan material without leave after
                                                                                                 painting has returned from the tour the
                                               hearings was disapproved by Mason J in
                                                                                                 portrait will be presented to the Supreme
Sending partisan material to judges            Carr v Finance Corporation of Australia
                                                                                                 Court of New South Wales so that it can
                                               Ltd [No 1] (1980) 147 CLR 246 in the
                                                                                                 be displayed in the President’s Court on
In the last 12 months a number of              following terms:
                                                                                                 Level 12 of the Law Courts building. The
practitioners have drawn to the attention                                                        gift is a symbol of the great esteem and
of the executive the practice of some             The impression, unfortunately abroad,
                                                                                                 affection in which his Honour is held by
counsel sending letters and partisan              that parties may file supplementary
                                                                                                 the profession and especially here in New
documents to judges in advance of                 written material after the conclusion of
                                                                                                 South Wales.
motion days and hearings, in the absence          oral argument, without leave having been
of a request from or the leave of the             given beforehand, is quite misconceived.        Law books for sale
court or the prior consent of other               We have to say once again, firmly and
                                                                                                  Australian Law Journal (1927 – 2005)
parties. Bar Council has confirmed                clearly, that the hearing is the time and
                                                                                                  Statutes of New South Wales (1824 – 2004)
the view of the executive that such               place to present argument, whether it be
                                                                                                  NSW Law Reports (1971 – 2005)
communications are inappropriate.                 wholly oral or oral argument supplemented
                                                                                                  Administrative Law Decisions (1980 – 2006)
If neither leave nor consent to file              by written submissions.
                                                                                                  NSWCCR (1984 – 2003)
submissions is obtained in advance and                                                            Australian Family Law Cases (1976 – 2004)
partisan material is sent in by one side,      A party wishing to send partisan material
                                                                                                  Australian Torts Reports (1992 – 2004)
the other may bear a justified sense of        to a judge should either get permission
grievance that the judge has heard only        from the other side or seek the leave of           and many more...

one side of the story before coming onto       the court in advance. The way to secure
the bench.                                     the necessary leave is to anticipate that          Please contact Maurice May
                                               there may be a need to file submissions            Tel: (02) 8267 0618
                                               immediately before the hearing. Counsel            Fax: (02) 8267 0650)
Because of the importance of this
                                               should ensure that at the directions
     Make www.nswbar.asn.au your home page                                Bar Brief No. 136 November 2006                            Page 
A Fair Go For Injured People rolls into Newcastle
On 8 November, Bar Association
President Michael Slattery QC took the
‘Fair Go For Injured People’ campaign
to the city of Newcastle. There he met
with Gary Kennedy, Secretary of the
Newcastle Trades Council and Catherine
Henry, President of the Newcastle Law
Society.


The President of the NSW Bar
Association, Michael Slattery QC said that
9 out 10 workers in the Hunter region
who are injured through no fault of their     to make it impossible for injured people
own are left with no right to access          to access proper compensation.
fair compensation for their pain and
suffering.                                    ‘It’s about time both the Government and
                                              Opposition begin to listen to the victims
‘We are calling for uniformity across all     who are the ones suffering from the
personal injury schemes and for the           injustice of the system,’ said Mr Slattery.
introduction of more humane thresholds
to determine who is eligible for              For more information visit the campaign
compensation.                                 web site at:
                                              www.faircompensation.com.au
‘The arbitrary thresholds are stacked up
against the individual and are designed




Australian Government briefs
By Iain Anderson, Attorney-                   Office of Legal Services Coordination         does not have an approved Australian
General’s Department                          in the Attorney-General’s Department          Government rate, the agency needs
                                              can approve rates up to $5,000 per            to ask the Office of Legal Services
The Australian Government has a               day (GST inclusive). Rates above              Coordination to approve a rate.
specific policy on the briefing of counsel,   that must be personally approved
contained in the Legal Services Directions    by the attorney-general. Rates can            Rates are increased annually, or
2005 issued by the Attorney-General.          be approved on a one-off basis, for           individual counsel can at any time seek
                                              exceptional circumstances, or an ongoing      an increase in rates either directly or
There are two key aspects to the policy.      basis. Rates for counsel appointed as         through an agency wishing to engage
The first is that Australian government       counsel assisting a royal commission, for     them. Agencies or counsel seeking an
agencies are encouraged to brief a            example, may be set as one-off rates to       increase in a rate are invited to complete
broad range of counsel and in particular      take into account the extended duration       the counsel fee application form at http://
to brief women, to ensure that a wide         of the engagement.                            www.ag.gov.au/olsc/counselfees and to
range of counsel develop skills and                                                         email that to olsc@ag.gov.au .
expertise relevant to different categories    Government agencies are free to engage
of government work. Agencies are              counsel at their approved Australian          Information about the Legal Services
encouraged to annually publish the            Government rate, or to agree to a rate        Directions and the Office of Legal
number and gender of counsel briefed on       that is up to and including $1,600 per        Services Coordination can be found
their behalf and the comparative value of     day (GST inclusive) for junior counsel        at www.ag.gov.au/olsc. Any queries
briefing for each gender.                     and $2,400 per day (GST inclusive) for        concerning the application of the policy
                                              senior counsel. New rates above these         can be directed to Dr Karl Alderson,
The second key aspect is that the policy      levels need to be approved by the Office      Assistant Secretary, Office of Legal
governs the levels of fees to be paid         of Legal Services Coordination. Where         Services Coordination, on (02) 6250 6611
to counsel for government work. The           an agency wishes to brief a counsel who       or emailed to olsc@ag.gov.au .

     Make www.nswbar.asn.au your home page                            Bar Brief No. 136 November 2006                         Page 5
Justice Beazley AO to speak at                                                             Appointments
UWS Law Alumni Dinner
The University of Western Sydney Law Alumni is pleased to invite members of the            Supreme Court of New South Wales
profession to a dinner with an occasional speech by her Honour, Justice Beazley AO.
                                                                                           Ian Harrison SC has been appointed as a
                                                                                           judge of the Supreme Court, effective 12
Date:    Monday, 11 December 2006                                                          February 2007.
Time:    7pm for 7.30pm
Venue:   Parramatta Leagues Club, 13-15 O’Connell Street Parramatta                        The Hon Acting Justice Patten has been
Cost:    $40 per person (incl. of buffet dinner) ($350 for reservations of tables of 10)   reappointed as an acting judge of the
                                                                                           Supreme Court, effective 15 November
For more information, or booking, please visit: www.uws.edu.au/alumni/chapters/            2006 - 14 November 2007
uwslawalumni, or contact Miss Melissa Lyras, Relationship Management Coordinator,          District Court of New South Wales
by email: M.Lyras@uws.edu.au or telephone: 02 9678 7109.
                                                                                           Richard Cogswell SC has been appointed
                                                                                           as a judge of the District Court of New
                                                                                           South Wales, effective 6 February 2007
CPD videos & DVDs
                                                                                           New South Wales Local Court
The following are the latest CPD seminars to be added to the Bar Library’s video &
                                                                                           John Favretto has been appointed as
DVD collection. Members may borrow the items by contacting the library on ph:(02)
                                                                                           a magistrate and as a mining warden,
9233 4025 or e-mail:library@nswbar.asn.au
                                                                                           effective 16 October 2006.

‘A conversation with Jonathan Sumption QC’, Jonathan Sumption QC, 25 September             Crown prosecutors
2006, DISC/67                                                                              David Frearson SC has been appointed
                                                                                           as an acting crown prosecutor, effective 6
‘Medicine for barristers: sustaining your performance, your career and your life’, Dr      November 2006 to 2 March 2007.
John Cummins, 12 September 2006, DISC/68
                                                                                           Federal Magistrates Court
‘Latest superannuation changes’, Wilson HTM, 26 September 2006, DISC/69                    Dr Tom Altobelli has been appointed
                                                                                           as a federal magistrate, effective 11
                                                                                           December 2006.
2007 Constitutional Law Conference and Dinner
                                                                                           Administrative Appeals Tribunal
A major conference on constitutional law, the sixth in a series, will be held at the Art
                                                                                           Peter William Taylor SC has been
Gallery of NSW on Friday, 16 February 2007.
                                                                                           appointed as a part-time senior member
                                                                                           of the tribunal, effective 25 August 2006.
The conference will be followed by a dinner at NSW Parliament House hosted by NSW
Attorney General Bob Debus.                                                                Other appointments to the tribunal
                                                                                           include:
For further information contact Belinda McDonald at the Gilbert + Tobin Centre of          Mrs Naida Isenberg
Public Law on (02) 9385 2257, gtcentre@unsw.edu.au                                         Dr Teresa Baker
                                                                                           David Connolly AM
                                                                                           Air Vice Marshal Franklin Cox AO (Retd)
Legal Aid Information Service                                                              Stephen Frost
                                                                                           Dr Saw Hooi Toh
Legal Aid NSW has a new e-mail information service to tell practitioners about legal
                                                                                           Dr Peter Wilkins MBE
aid developments. The subscription service provides news such as announcements of
                                                                                           Mason Allen RFD
changes to legal aid policies and practitioners’ fees, and invitations to conferences.
                                                                                           Rear Admiral Anthony Horton AO RAN
Subscription is free and members can unsubscribe at any time. To subscribe, go to
                                                                                           (Retd)
                                                                                           Dr Michael Miller AO
http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=725
                                                                                           Dr Maxwell Thorpe

For information, contact Legal Aid’s Grants Support Desk on (02) 9219 5999 or by
email at grants.support@legalaid.nsw.gov.au




     Make www.nswbar.asn.au your home page                             Bar Brief No. 136 November 2006                       Page 6
Bar Council business for September-October 2006 (continued)

to appear in federal courts without              Bar Association, Law Society, the Office           been particularly helpful in the early
holding a practising certificate. He had         of the Legal Services Commissioner and             years in assisting the finance manager
also spoken with relevant officers in the        the Attorney General’s Department to               and the executive director putting in
Attorney-General’s Department. The               prepare for him a report on the perceived          place financial management and control
department was now considering the               problems, with recommendations as to               procedures. The auditors now regarded
need for amending legislation.                   any remedial action thought appropriate.           the association as being in the ‘low risk’
                                                                                                    category. Given that the association
Meeting with the New South Wales                 Draft Annual Financial Statements                  had the same auditor, finance manager
attorney general                                 for the year ended 30 June 2006.                   and executive director for the past eight
                                                                                                    years, it was prudent for a fresh look to
The executive director advised that he           The Bar Council approved the draft                 be given to the association’s financial
and the director, law reform and public          financial statements for 2005-2006,                procedures and controls.
affairs had met with Attorney General            in particular, the Directors’ Report as
Bob Debus on 30 August concerning                appearing on pages 2-4 of the draft                The auditors understood this wish for
practical problems which had arisen              annual financial statements; and resolved          a fresh set of eyes and had offered to
in the implementation of s730A Legal             that the president and treasurer sign the          resign to enable a new auditor to be
Profession Act 2004, which required the          statements on behalf of the directors.             appointed at the forthcoming annual
Bar Council to report suspected offences                                                            general meeting. Discussions had
that came to its notice to the relevant law      Change of Bar Association auditors                 been held with a number of potential
enforcement or prosecution authority.                                                               auditors. The treasurer recommended the
                                                 The treasurer advised that the Bar                 appointment of HLB Mann Judd (NSW
The attorney general had asked the               Association’s auditors, Nexia Court &              Partnership). The designated partner in
executive director to chair a working            Co, had been with the Bar Association              charge would be Mr Philip Meade.
party comprising representatives of the          for some ten years. The auditors had                                      continued on page 8




                                           UNSW Law Alumni Reunion
                                       Graduating Classes of 2004 & 2005
        The UNSW Law Alumni Chapter is pleased
        to invite you back on campus for the                               RSVP – Complete and return, with payment by,
                                                                           10 November to Christine Brooks, Alumni Officer,
        ‘Graduating Classes of 2004 and 2005 Reunion.’                     Faculty of Law UNSW Sydney NSW 2052
              Date      6-8pm, Thursday 16 November 2006                   Surname         _______________________
              Venue Law Building, UNSW                                     First Name _______________________
                        (located on the Mall just past the Roundhouse)
                                                                           Class of _____
              Cost     $10 per person
                       (payable by cheque made out to UNSW Law Alumni)     Guest (if applicable) _______________
              RSVP      By Friday 10 November                              Contact Ph _______________________
        To reserve your place at the Reunion please print,                 Email ____________________________
        complete and return this form, together with your                  PAYMENT (cheque only, made payable to the UNSW
        payment to;                                                        Law Alumni)
        Christine Brooks, Alumni Officer, Faculty of Law,
                                                                           I enclose a cheque for $ _____ for ____ ticket(s).
        UNSW Sydney NSW 2052
                                                                           Registration from/Tax Invoice – ABN 57 195 873 176 CRICOS Provider
                                                                           No: 00098G




     Make www.nswbar.asn.au your home page                               Bar Brief No. 136 November 2006                                        Page 7
Bar Council business for September-October 2006 - continued

Bar Council resolved to accept the           The Bar Council and shadow attorney           criticism of John Lewthwaite being on
resignation of Nexia Court & Co as the       general had a wide-ranging discussion.        parole; and the fact that many in the
association’s auditors and as the auditors   Issues discussed included the current         community would be happy to see
for associated bodies.                       tort law reform campaign by the Bar           restoration of the death penalty.
                                             Association, Law Society of New South
The Bar Council expressed its thanks for     Wales and the Law Council of Australia.       Other matters discussed included the
all the assistance it had received from      Mr Hartcher agreed that this was an           inadequate pay and poor conditions for
Nexia Court & Co, and in particular, the     important issue, and one not generally        jurors, about which the president had
designated partner in charge, Mr Stuart      well understood. The opposition was           recently written to the premier and the
Cameron.                                     considering its position on this issue,       leader of the opposition; the use of
                                             which would be influenced by the              juries in civil trials; the Bar Association’s
Financial independence of state              community response to the campaign.           imminent criminal law conference; and
courts – memorandum the president                                                          grid sentencing.
to Bar Council dated 1 September             There was discussion about the role of
2006, proposed article for the               the attorney general and, in particular,      Appointment of senior counsel
Australian Law Journal: ‘Should the          the role of defending the judiciary from
New South Wales courts move to a             ill informed and partisan criticism; the      The president noted that the 2006
single line budget?’                         tenure of judges; courts having control       Senior Counsel appointments had been
                                             of their own budgets; and problems            announced on 3 October. On behalf of
The president advised that a proposed        faced by the courts when dealing with         the Bar Council he congratulated Perram
article, ‘Should the New South Wales         vexatious litigants. Mr Hartcher advised      on being appointed silk.
courts move to a single line budget?’, had   that, coincidentally, the issue of courts
been drafted by Justin Gleeson SC. The       having control of their own budgets           The Bar Council expressed its
president had discussed the issue with       (as does, for example, the High Court         appreciation to the selection committee
the chief justice.                           and Federal Court) was being discussed        (president, senior vice president, Kite
                                             by all state shadow attorneys-general         SC, Finch SC and Craigie SC) and to Ms
The Bar Council discussed the draft          the following day. Mr Hartcher agreed         Kathy O’Neill and Ms Lisa Allen of the Bar
article, noting that were the courts to      with concerns expressed that vexatious        Association’s staff for the time and effort
move to a single line budget, proper         litigants should not be allowed to cause      they had put into the selection process.
resourcing of the courts for this purpose    the other party unnecessary expense;
would be essential.                          cost orders were a very useful deterrent
                                                                                           Court functions
                                             to vexatious and frivolous actions.
The Bar Council was of the view that                                                       The president advised that he had
the proposal warranted public discussion     There was also discussion about the
                                                                                           spoken on behalf of the Bar at the
and consideration by the government          Crimes (Appeal and Review) Amendment
                                                                                           ceremony on 22 September to farewell
and the courts. The council endorsed the     Double Jeopardy Bill 2006 and the Crimes
                                                                                           Justice Wilcox from the Federal Court
publication of the article on this basis.    (Appeal and Review) Amendment DNA
                                                                                           and at the court farewell for State
                                             Review Panel Bill 2006, about which the
                                                                                           Coroner Abernethy on 29 September.
                                             president had written to Premier Iemma
Visit by the New South Wales                                                               He had spoken at the swearing-in of
                                             and the leader of the opposition. Mr
shadow attorney general                                                                    Justice Robert Buchanan of the Federal
                                             Hartcher advised that he was preparing
                                                                                           Court on 8 September. The senior vice
                                             a submission to the shadow cabinet and
The president welcomed Shadow                                                              president had spoken at the swearing in
                                             would take account in doing so of the Bar
Attorney General Chris Hartcher and                                                        of Deputy Chief Magistrate Paul Cloran on
                                             Association’s views. He noted, however,
his research officer, Mr Tim Koelma,                                                       3 October.
                                             that the opposition policy was for the
to the meeting. In responding, Mr
                                             abolition of the double jeopardy principle.
Hartcher thanked the Bar Association                                                       Dinner with the High Court
for the assistance it has given to him on
                                             Mr Hartcher responded to questions
matters before the parliament, and for                                                     The president noted that the annual
                                             about the opposition’s policy on
keeping him informed of the association’s                                                  Bar Council dinner with the justices of
                                             supervision of the director of public
views on matters relating to his shadow                                                    the High Court had been held on 15
                                             prosecutions by the attorney general
portfolio.                                                                                 September. The reproduction of the
                                             and a parliamentary committee; recent
                                                                                                         continued on page 9


     Make www.nswbar.asn.au your home page                           Bar Brief No. 136 November 2006                             Page 8
2006 Surfabout
Tuesday 19 December 2006                                              Metropolitan Local Aboriginal Land Council, followed by a BBQ
8am Queenscliff Beach (just south of the flags)                       lunch organised for participants by the Bar Association.


All surfing counsel, lawyers and members of the judiciary are         Bring snorkelling gear and non-participants bring lunch for the
invited to participate in the 2006 SURFABOUT hosted by the            BBQ.
Australian Lawyers Surfing Association Inc and the Metropolitan
Local Aboriginal Land Council.                                        At 2.00pm we will make our way to North Steyne for surfing
                                                                      lessons for the 40 Indigenous kids provided by the Manly Surf
The Bar Association will host and provide a BBQ lunch for all         School. The surfing lessons will conclude around 4.00pm.
participants. Family and friends are welcome!
                                                                      Further information contact:
The format is heats of six with no formal judging.Prizes may
be awarded for best wipe out, most colourful board-shorts and         Craig Leggat SC – ph:8227 9600, Tony McAvoy – ph:9229 7333
other appropriate criteria.                                           or Peter Strain – ph:9223 2032.

All types of board are welcome, including boogie boards and           *Risk Warning (Section 5M Civil Liability Act 2002)
mals.
                                                                      Warning is given to all entrants in the SurfAbout that there is the risk
The first heat will commence around 8.00am. The last heat will        of harm to their person and/or property arising from any inadequacy
conclude around 11.30am.                                              of physical condition or stamina to participate or from hazardous sea
                                                                      and beach conditions including sea currents and waves (we should be
Registration at the beach with no entry fee.                          so lucky) and the presence of sea craft (such as goat boats) and sea
                                                                      creatures (which might re-define the concept and order of the food
At 11.30am we will make our way to Shelley Beach for                  chain) and other hazards.
a swimming session with 40 Indigenous kids from the



Bar Council business for September-October (continued)
menu for the 1906 dinner held to honour        The president spoke about the very              Review) Amendment Double Jeopardy
Justices Isaacs and Higgins on their           successful inaugural National Indigenous        Bill 2006 and the Crimes (Appeal and
appointment to the High Court had been         Legal Conference that had been held on          Review) Amendment DNA Review Panel
warmly received.                               Friday 22 and Saturday 23 September.            Bill 2006. The legislation had passed the
                                                                                               Legislative Assembly on 27 September
Law Council of Australia –directors’           The Bar Council expressed its                   with the support of both parties.
meeting                                        appreciation for the generosity of
                                               those members of the Bar who had                Tort law reform campaign
The president advised that he and the          so generously donated funds to allow
executive director had attended the LCA        Indigenous students from across                 The president gave an outline of recent
directors’ meeting held on 16 September.       Australia to attend the conference. The         events that had taken place as part of
The executive director had held the            council also thanked Ronalds SC and             the tort law reform campaign. He noted
Queensland Bar Association’s proxy as          Tony McAvoy, and Cindy Penrose and              that the campaign web site was receiving
director.                                      Travis Drummond of the Bar Association,         an increasing number of ‘hits’ and that
                                               for their management of the conference.         injured persons were making contact
Major items discussed included the New                                                         by way of the web site. These contacts
South Wales tort law reform campaign           Double jeopardy and DNA                         were being followed up.
and the wish of the major law firms to         Innocence Panel
be represented on the LCA in their own                                                         Work, particularly by the Law Society,
right, rather than by way of the state and     The president advised that on 19                was in progress to establish regional
territory law societies.                       September he had written to the                 networks to give publicity to the
                                               premier, leader of the opposition and to        campaign. The Bar Association would
National Indigenous Legal                      all members of the New South Wales              manage the campaign in the Wollongong
Conference                                     Parliament about the Bar Association’s          and Newcastle areas.
                                               concerns with the Crimes (Appeal and                            continued on page 11

     Make www.nswbar.asn.au your home page                             Bar Brief No. 136 November 2006                                 Page 9
Bar statistics                                                                             Media briefing
An updated statistical profile of practising barristers and members has just been          Latest Bar Association media
posted on the Bar Association’s web site. The October 2007 edition contains                releases
information about the geographical distribution of members, their gender, age and
seniority. The update includes a detailed information on areas of practice, as well as a   ‘Jurors shouldn’t suffer for doing their
handy profile of chambers in the city of Sydney and around the state.                      duty’, Friday, 20 October 2006
Visit www.nswbar.asn.au and click on the ‘Bar statistics’ menu.
                                                                                           Latest Law Council media releases

New members
                                                                                           ‘Black Day for Indigenous Australians’, 9
The persons listed below were accepted as new members of the New South Wales Bar
                                                                                           November 2006
Association at a meeting of Bar Council on 21 October 2006.

                                                                                           ‘Bring home David Hicks: It’s a ‘no-
 Surname           Given names               Chambers                           Class      brainer’’, 1 November 2006
 Allan             Nicholas James            Trust Chambers                        A
 Annesley          Roisin                    Owen Dixon Chambers (Melb)            B       For more Law Council media releases and
 Arblaster         Paul William              9 Selborne Chambers                   A       submissions, visit their web site at:
                                                                                           www.lawcouncil.asn.au
 Boyce             Gerard Martin             Frederick Jordan Chambers             A
 Bradley           Benjamin                  State Chambers                        A
 Cassels           Alex Stuart               6 and 7 St James’ Hall                A
 Connolly          Andrew Lloyd              12 Selborne/Wentworth                 A
 Coyne             Francis Denis             11 Garfield Barwick Chambers          A
 Doosey            Cathy Elise               Robinson St Ryde                      A
 Forster           David Norman              Lachlan Macquarie Chambers            A
 Goodhand          Corrie Rebecca            Chalfont Chambers                     A
 Harkin            David John                Geoffrey Rd Chittaway Point           A
 Jefferis          Richard Markham           Culwulla Chambers                     A
 Kremer            Benjamin Raymond          Banco Chambers                        A
 Kuklik            Alexander Robert          12 Selborne/Wentworth                 A
 Lang              Angus Ralston             10 Selborne/Wentworth                 A
 Lawrence          Christopher               7 Garfield Barwick Chambers           A
 Levy              Jonathan Simon            Austin St Lane Cove                   A
 Mahony            Gillian Frances           8 Selborne Chambers                   A
 Mathur            Ragni                     Alfred St Bronte                      A
 Miles             Bruce McKay               Frederick Jordan Chambers             A
 McBride           Louise                    Ground Floor Wentworth                A
 McCallum          David Charles             Market St Wollongong                  A
 Mirzabegian       Sera                      Banco Chambers                        A
 Mooney            Adam William              Newcastle Chambers                    A
 Nowlan            Christopher               University of Sydney                  A
 Parsons           Anthony Neville           Henry Parkes Chambers                 A
 Price             David Charles             7 Wentworth Chambers                  A
 Sloane            Sylvie Colette            Sir Owen Dixon Chambers               A
 Smith             Colleen Joan              Lismore Chambers                      A
 Thomas            David Frederick           6 Selborne/Wentworth                  A
 Vodicka           Mark Andrew               East Melbourne                        B
 Withers           Christopher               7 Wentworth Chambers                  A


     Make www.nswbar.asn.au your home page                            Bar Brief No. 136 November 2006                         Page 10
Bar Council business for September-October (continued)
Members of the Bar with foreign              •   barristers employed in the Office of      It was resolved that should the media
language skills were assisting obtain            the Director of Public Prosecutions;      again publish information identifying
publicity in the ethnic media.                   and                                       the home of a barrister, the president
                                                                                           would act on behalf of the Bar Council to
                                             •   barristers employed in the Office of
The president advised that, in response                                                    make a complaint to the Australian Press
                                                 the Commonwealth Director of Public
to his invitation, representatives from          Prosecutions.                             Council.
Australian Business Limited (incorporating
the State Chamber of Commerce) were          Bar Council further resolved that             Barrister for liaison with the Federal
to meet with him and several members         the function of specifying classes or         Magistrates Court of Australia
of the Bar at the end of the month to        descriptions of barristers for the purposes
discuss the need for tort law reform.        of s54 (2) of the Legal Profession Act        The Bar Council resolved that Ms Kate
                                             2004 be delegated by the Bar Council          Morgan, Sixth Floor Selborne/Wentworth
The president and the director, law          to the executive director. pursuant to        Chambers, be asked if she would be
reform and public affairs had on 4           s696(2) of the Act.                           the association’s liaison person for the
October met in Wollongong with the                                                         Federal Magistrates Court.
secretary of the South Coast Labour          Chief Industrial Magistrate’s Court
Council, Arthur Rorris, to discuss union     – industrial agents/advocates                 Adequate pay and conditions for
participation in the campaign. The           appearing without a practising                citizens serving as jurors
president and Mr Rorris had given            certificate
interviews to television, radio and print                                                  The president advised that following
media.                                                                                     press publicity about the Bar Association
                                             It was resolved that the Bar Association
                                             seek leave to intervene in the matter         having raised with the premier and
The Bar Council thanked the president for    of Noble v Digital Hearing Centres Pty        the leader of the opposition the need
the very larger amount of time and effort    Ltd to oppose the general appearance          to improve jurors’ pay and conditions,
he is putting in to the campaign.            of advocates, and the awarding of costs       the attorney general had announced
                                             to those advocates, who do not hold a         a reference he had given to the Law
Appeals to the District Court                practising certificate as required by s14     Reform Commission on the selection of
pursuant to s21 of the Police                of the Legal Profession Act 2004.             jurors and related matters.
Regulation (Superannuation) Act 1906
                                             Non-renewal of membership of The              The Bar Council, noting the wide terms
The Bar Council noted that the matter        New South Wales Bar Association               of reference, resolved that a submission
raised by Perrignon had implications for                                                   be made to the Law Reform Commission
the current tort law reform campaign.         Despite several written reminders, a         on its reference to inquire into and report
Consideration of this matter was deferred    number of individuals had not renewed         on the operation and effectiveness of the
until the government and opposition          their membership of the association. A        system for selecting jurors under the Jury
position on the various changes being        formal notice, pursuant to clause 6.2.2       Act 1977.
proposed in the campaign are known.          of the Constitution, was sent to all non-
                                             renewers on 6 September giving them 14        McHugh, working with the president,
Section 54 of the Legal Profession Act       days in which to renew.                       and assisted by Pepper and the Bar
2004                                                                                       Association’s projects officer, secretariat
                                             Publishing of pictures prejudicial to         and research, was asked to coordinate
The Bar Council resolved that for the        the privacy and security of counsel           the preparation of a submission for
purposes of s54(2) (a) of the Legal          – letter from the president to the            consideration by the Bar Council.
Profession Act 2004, barristers who come     Editor in Chief, The Australian, dated
within that provision are:                   27 September 2006                             Proposed heritage listing of
                                                                                           Wentworth/Selborne Chambers
•   parliamentary counsel and deputy
                                             The president advised the reasons he
    parliamentary counsel;
                                             thought writing to The Australian was,        It was resolved to support Counsel’s
                                             in this instance, more appropriate than       Chambers objection to the heritage
•   barristers employed in the Office of
    Parliamentary Counsel;                   writing to the Australian Press Council.      listing of Wentworth / Selborne
                                             The Bar Council endorsed the president’s      Chambers.
•   the director of public prosecutions      decision.
    and deputy director of public
    prosecutions;

     Make www.nswbar.asn.au your home page                           Bar Brief No. 136 November 2006                          Page 11
                                                    ABA merchandise
A re-designed ABA tie is now for sale and a                                       Members wishing to purchase any of the ABA’s
scarf will be available soon. The tie is silk and                                 merchandise should send a cheque or credit
was made exclusively for the Australian Bar                                       card (no Diners) details to:
Association by Baubridge and Kay. Its design
draws on the original tie created for the Inns of                                 The Hon Secretary
Court Regiment which was raised in the late 18th                                  Australian Bar Association
Century. History has it that King George III was                                  Level 5 Inns of Court
impressed by the bearing of the members of the                                    107 North Quay
newly formed regiment as it paraded past him.                                     Brisbane Qld 4000
He asked what its origins were and, when told                                     honsec@austbar.asn.au
the regiment consisted of barristers, he snorted:
‘Hah! The Devil’s Own!’. The name stuck but                                        This cost includes postage and packing.
the regiment was later disbanded. The tie has
a regimental stripe of dark blue and dark green                                    A scarf is being designed using the same colours
with a gold key line and a motif of a barrister’s                                  as the tie and should be available for purchase
wig.                                                                               in December this year. For the purpose of
                                                                                   determining the numbers to be made it would
The association has also produced cufflinks and                                    be appreciated if members who would consider
bearing the association’s badge.                                                   purchasing an ABA scarf could convey that
                                                                                   interest to the above address.
Silk Tie  $65.00
Cufflinks $65.00                                                                   Items are on display at the New South
Key ring $5.00                                                                    Wales Bar Association’s reception.



Fees owed to counsel                                                                       Find a barrister photo
Pursuant to s623(2) of the Legal Profession Act 2004 (NSW), Andrew Brown has been          The facility exists for a member’s
appointed manager of the following solicitors’ practices:                                  photo to be attached to ‘Find a
                                                                                           barrister’ on The New South Wales
The law practice of Dilanchian                                                             Bar Association’s web site. If you
                                                                                           wish to make use of this facility you
Kennedy and Associates
                                                                                           may send a digital photo to the Bar
Tony Kemp Lawyers                                                                          Association requesting that it be put
                                                                                           on the web site. There is no charge
Counsel with outstanding fees should contact Mr Brown as soon as possible. Whilst          for this facility.
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
                                                                                           Alternatively, you may use the Photo
owed fees. Andrew Brown may be contacted on:
                                                                                           ID card which is available to members
                                                                                           and is used for library lending and
ph: (02) 9926 0321,                                                                        photocopying, and for prison access at
fax: (02) 9926 0166                                                                        a cost of $15.00.

or via e-mail: asb@lawsocnsw.asn. au



Annual reports
The Bar Association has introduced electronic distribution of annual reports to
members. During membership renewals, nearly 2000 members nominated an e-mail
                                                                                          Judge’s library for sale
address to receive their copy of the annual report.                                       Detailed lists available on request
                                                                                          Ph: (02) 9377 5645
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. 136 November 2006                        Page 12
Family Law Courts web site                                                                 Bar Association to
                                                                                           sponsor mock trial DVD
The Combined Registry Project is a joint      activated on 1 July 2006 providing a
initiative of the Family Court of Australia   single web site point of entry to the        The Bar Association will contribute
and the Federal Magistrates Court of          family law courts and links to a range of    $3,000 towards the production cost of a
Australia.                                    family law information.                      DVD of the 2006 Mock Trial Competition
                                                                                           Grand Final, held in July.

As part of this initiative the courts have    If you have any questions or comments
developed the Family Law Courts web           regarding the web site please contact the    The Mock Trial Competition is open
site:                                         project manager, Peter Dixon, on:            to students in years 10 and 11. It is
                                                                                           conducted by the Law Society of NSW
                                                                                           and is a practical means of introducing
www.familylawcourts.gov.au                    Ph: (02) 4929 0207 or by e-mail at:
                                                                                           students to the law and to increase
                                              peter.dixon@familycourt.gov.au
                                                                                           understanding of the basis of our judicial
The Family Law Courts web site was
                                                                                           system. Many members of the Bar
                                                                                           donate their time and expertise to the
In Brief: the new format for Bar Association e-mail                                        competition, coaching students about
bulletins                                                                                  court procedure and advocacy techniques
                                                                                           or serving as magistrates.
The Bar Association has a new format for regular e-mail circulars to all members and
clerks. In Brief will keep you up to date with news of appointments to the Bench,          The Law Society provides each team
social events and other important or urgent announcements. Notices for CPD events          with coaches and magistrates, together
will soon be distributed via a new bulletin called @CPD.                                   with a complete set of the case materials
                                                                                           and competition manual. The cases
                                                                                           are confined to simple criminal and civil
                                                                                           matters heard in the Local or District
                                                                                           court.


                                                                                           The winner of the state grand final
                                                                                           is then eligible to compete in the
                                                                                           International Mock Trial against the
                                                                                           winning UK school. This international
                                                                                           trial is held early the following year via
                                                                                           video conferencing and is sponsored by
                                                                                           the British Council.


                                                                                           The 2006 International Mock Trial took
                                                                                           place between Ysgol Tregib, Cardiff, and
                                                                                           St Andrew’s Cathedral School, Sydney,
Common Law Division bail arrangements in 2007                                              in the case of the Queen v Arthur. The
                                                                                           case involved a science teacher charged
Beginning with the commencement of the 2007 law term, the Bails Court will operate
                                                                                           with assault causing actual bodily harm
from courtroom 1 at King St. As courtroom 1A in the Law Courts Building will remain
                                                                                           on a 17 year-old student during a
available, this courtroom will also operate as a bails court, when required.
                                                                                           science experiment. St Andrews were the
                                                                                           prosecutors in the case.
Increased applications are usually received towards the end of each calendar year. It
is envisaged that an additional bails court will be required for two to three weeks each
                                                                                           Bond University in Queensland sponsors
December. In 2007 there will probably be an additional bails court for two to three
                                                                                           the Mock Trial Competition by providing
weeks in February.
                                                                                           a part-fee scholarship to the winning
                                                                                           advocate in the competition to study law
In accordance with current arrangements, the chief executive officer and principal
                                                                                           at Bond University.
registrar has advised me that, whenever courtroom 1A is used, current security
arrangements will be implemented.
                                                                                           Barristers who would like to
                                                                                           participate in the competition
The Hon Justice Peter McClellan
                                                                                           should contact the co-ordinator on
                                                                                           02 9926 0253, rnc@lawsocnsw.asn.


     Make www.nswbar.asn.au your home page                            Bar Brief No. 136 November 2006                         Page 13
Papers to note                                                                               Bar Council regional
                                                                                             representatives
‘Law and religion in Australia’, Justice      ‘The New Supreme Court and Other
Keith Mason, National Forum on                Changes in the Justice System’, Lord
                                                                                             Stuart Hill
Australia’s Christian Heritage, Monday, 7     Walker
                                                                                             Hargrave Chambers
August 2006, Canberra.
                                              Papers presented at the Tenth Colloquium       162 Crown Street
‘Measuring Court Performance’, Address        of the Judicial Conference of Australia        Wollongong NSW 2500
by the Hon JJ Spigelman AC, Chief             Inc, Canberra, 6—8 October, 2006
                                                                                             P: (02) 4228 8977
Justice of New South Wales, Annual
Conference of the Australian Institute                                                       F: (02) 4226 3947
                                              ‘A Core Value’, the Hon Chief Justice
of Judicial Administration, Adelaide, 16      Murray Gleeson, AC                             hill@hargravechambers.com.au
September 2006
                                              ‘Judicial Ethics in the Twenty First
                                                                                             Rob O’Neill
‘Tabloid Justice’, Nicholas Cowdery AM        Century’, the Hon Justice Philip Cummins
QC, Director of Public Prosecutions, 10th                                                    Lachlan Macquarie Chambers
International Criminal Law Congress,          ‘Court Governance and Judicial                 16 George Street
Perth, 22 October 2006.                       Independence: Part 1’ the Hon Justice          Parramatta NSW 2150
                                              Tim Smith
                                                                                             P: (02) 9635 1000
‘Who Matters? How Many’, Law and
Justice Address by the Right Hon Malcolm                                                     F: (02) 9891
                                              ‘Court Governance and Judicial
Fraser AC CH, 2006 Justice Awards,            Independence: Part 2’, the Hon Chief           1989ro’neill@lacmac.com.au
Parliament House, Sydney, Tuesday 31          Justice Terence Higgins
October 2006.
                                                                                             Bill Walsh
                                              ‘Suppression Orders’, Professor Andrew
‘Civil Liberties: An Endangered Species’,                                                    William Owen Chambers
                                              Kenyon
the 20th Lionel Murphy Memorial Lecture,                                                     121A Byng Street
by the Hon Neville Wran AC QC, delivered      ‘Judicial Appontments’, Professor John         Orange NSW 2800
on 21 October 2006, National Museum of        Williams & Dr Simon Evans
                                                                                             P: (02) 6361 7959
Australia, Canberra.
                                                                                             F: (02) 6361 7921
                                                                                             woc@bigpond.net.au
‘Lions in Conflict: Bacon, Coke and Ellesmere, the
Years of Elizabeth’                                                                          Geoff Radburn

Chief Justice Spigelman AC to present St Thomas More Society lecture                         Lismore Chambers
                                                                                             32 Molesworth Street
Between 1999 and 2003 Chief Justice Spigelman delivered a series of lectures for the
St Thomas More Society, subsequently published under the title Becket and Henry              Lismore NSW 2480
– The Becket Lectures.                                                                       P: (02) 6621 2854
                                                                                             F: (02) 6621 3898
The chief justice is to give a further series of lectures on the interconnecting careers
                                                                                             radburn@nor.com.au
of, and rivalry between, Francis Bacon, Edward Coke and Lord Ellesmere from the
last decade of the reign of Elizabeth I and through the reign of James. The lectures
will consider the dramatic events in which they were engaged: the persecution of the         Stewart Austin
Jesuits, the Essex rebellion, the Gunpowder Plot, a range of state trials, the sacking       Chambers
of Coke and the impeachment of Bacon. The themes will encompass religious conflict,
                                                                                             30 Church Street
judicial independence, the nature of treason, the use of torture, the power of the
monarchy, the developing role of Parliament and judicial activism versus fidelity to the     Newcastle NSW 2300
law. The first lecture will concentrate on the late Elizabethan period until the accession   P: (02) 4926 2844
of James.
                                                                                             F: (02) 4926 2841
                                                                                             sca371@ozemail.com.au
Date: Tuesday, 14 November 2006
Time: 5.30 pm
Place: Banco Court, Level 13, Law Courts Building, Queens Square, Sydney
Cost: Free

     Make www.nswbar.asn.au your home page                             Bar Brief No. 136 November 2006                    Page 1

				
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