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									                                                                  NEW SOUTH WALES

                                                   BAR BRIEF
                                    T h e m o n t h l y n e w s l e t t e r f r o m t h e N e w S o u t h Wa l e s B a r   A s s o c i a t i o n

ISSN No: 1443 - 6132                                    “Servants of all yet of none”                                                   No. 75 July 2000

                                             President’s Column
A brief report from the Australian Bar                                                                   Retirements
Association conference in New York.                                                                      Chester Porter QC retired on 30 June. The
                                                                                                         Bar Council has resolved to make him an
The theme of the conference is the rule of
                                                                                                         Honorary Life Member of the Bar Association.
law. Chief Justice Gleeson opened the
                                                                                                         He was a barrister for more than 51 years.
conference on 2 July with a speech about
                                                                                                         With legendary victories up his sleeve it was
‘Judicial Legitimacy’. In his speech, which
                                                                                                         hardly surprising that at one stage t-shirts
has already received some publicity in
                                                                                                         bearing the inscription ‘Chester Porter walks
Australia, his Honour spoke of judges
                                                                                                         on water’ were in wide circulation. His
holding their judicial power on an express                                                               decision to retire was made one morning
trust, the terms and conditions of which are                                                             when he walked into chambers and said to
stated in the commission of a judge or                                                                   himself ‘I’ve had this’. No doubt that capacity
magistrate and the terms of the judicial oath.                                                           for immediate and resolute decision making
His Honour acknowledged that ‘(l)ike other                                                               was one of his great strengths as an advocate.
members of the community, individual                                                                     He is going to come back to help in the
judges will, on occasion, disapprove of the                                                              Readers’ Course. The Bar has been well
laws enacted by Parliament. Provided their                                                               served by having him among our ranks for so
capacity to administer the law impartially is                                                            long. He will be sorely missed.
not compromised, they are free to criticise
the law and to propose change.’                                                                          The Hon. Jeff Shaw QC MLC surprised all
                                                                                                         by announcing his retirement as Attorney
The final address was given by Chief Judge                                                               General on 28 June, effective the same day.
Kaye, Chief Judge of New York State. She                                                                 I saw him talking to Porter QC on the night
spoke about ‘The Profession at the                                                                       of Porter’s farewell drinks. Perhaps he, too,
                                                            Ruth McColl S.C., President.
Crossroads’. The crossroads of which she                                                                 finally decided he’d ‘had this’. He is returning
spoke were the dilemmas facing lawyers in         One step, which has been taken to this end             to the Bar. He has been a fine Attorney
being traditionally cast in a role of             in New York State, has been to abolish all             General, who was always available for
preserving the continuity of the law through      jury exemptions. Everyone in New York is               consultation and sought the Bar’s views on
traditional methods in the face of public         liable to serve on a jury. Many lawyers have           a wide range of matters. He was able to
scepticism about the value of the work done       served. One of the standing instructions to            present a sensible view of the law and the
by lawyers and courts.                            jurors now is that the occupation of any
                                                                                                         legal system for public consumption which,
                                                  juror does not mean their opinion holds any
She adapted a saying from well known US                                                                  at the same time, made sense to lawyers.
                                                  greater force than the opinion of any other
baseball player Yogi Berra ‘when you come                                                                While we regret his loss as Attorney General,
                                                  juror. At least one New South Wales judge
to a fork in the road, take it’, to challenge                                                            we welcome him back to the Bar.
                                                  attending the conference expressed
lawyers at the crossroads; not to treat the       enthusiasm for the idea. It will be interesting        We also welcome the new Attorney General,
dilemma as a stop sign, but as an                 to see if the idea is taken up in New South            Mr Bob Debus. He is to attend the next
opportunity to work harder and more               Wales. It means even judges can get called             meeting of the Bar Council on 20 July, where
creatively to ensure the justice system           up. The Chief Judge of New York State has              we hope we will hear more of his approach
enjoys the community’s confidence.                been summonsed twice but not selected.                 to his new position.

 Media Briefing                                       In this issue...
                                                      Opportunities for appointment to ICAC         2
                                                                                                          The June 2000 Bar examinations:
Media Releases issued by the                          GST: Addressing fees direct to clients        2
                                                                                                          Some facts and figures                   10

New South Wales Bar Association                                                                           Regional Conference, 10 - 11 June 2000   11
                                                      Exploring alternatives: Rule 17A compliance   4
                                                                                                          Cessation of District Court
The NSW Bar welcomes the return of Jeff               Fees in direct access matters                 5
Shaw QC, 28 June 2000.                                                                                    sittings at Liverpool                    11
                                                      Receipt of monies in advance                        Queen’s Birthday Honours                 12
Media Releases issued by the Law                      of performing work                            6
                                                                                                          The Equal Opportunity Committee
                                                      Making representations to the Court as to
Council of Australia                                                                                      and mobility disability                  12
                                                      the (fee) basis on which you are appearing    8
Council Calls for Restoration of Rule of                                                                  Legal Aid fees in criminal matters       12
                                                      UNSW Indigenous Pre-Law
Law in Fiji, 21 June 2000                                                                                 Farewell for Chester Porter QC           13
                                                      Program in need of support                    9
Victorian Opposition Should Support                                                                       The Bar and the Olympics                 14
                                                      Barristers graduating from
Supervised Injecting Rooms Bill, Federal
                                                      1/00 Bar Practice Course                      9     Olympic Pro Bono Scheme                  15
Government Should Allow ACT Heroin
Trial, 2 June 2000 .

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                Opportunities for                                                                         GST:
               appointment to ICAC                                                                    Addressing
The Commissioner of the Independent
Commission Against Corruption, Irene
                                              and lead the presentation of matters to
                                              the hearing, subject to the overall                     fees direct
Moss AO, is seeking expressions of interest   direction of the Commissioner or
from members of the Bar who would be
interested in being appointed as Assistant
                                              Assistant Commissioner presiding at the
                                              hearing. Once the matter goes to hearing,
                                                                                                       to clients
Commissioners or as Counsel Assisting                                                            In the period leading up to 1 July, some
                                              Counsel Assisting is responsible for
                                                                                                 members received correspondence from
the Commission.                               ensuring that all relevant material is put         instructing solicitors suggesting that, due
The Commissioner is ultimately                before the Commissioner. Counsel                   to accounting and cash flow
responsible for all Commission activity,      Assisting will be instructed by lawyers            considerations associated with the
including all investigations. The             from the Commission.                               introduction of GST, barristers should
responsibility for conducting hearings in                                                        address fees directly to the client.
                                              Those interested should write directly
aid of an investigation is periodically                                                          On Friday 30 June, Walker S.C. for the
                                              to the Commissioner, enclosing details
delegated to Assistant Commissioners,                                                            Bar Council, together with the Chairman
                                              about their areas of practice and
who will have prime responsibility for                                                           of the GST Committee, Gzell QC, met
                                              previous experience. Those interested in
making findings and recommendations                                                              with representatives of the Law Society
                                              appointment as Counsel Assisting should            to examine this issue. The Bar
based on the matters raised at hearings
                                              also indicate their daily and hourly fees.         Association declined to endorse the
and for the prompt preparation of a report
                                              Assistant Commissioners are remunerated            proposal as one it would recommend to
to Parliament if required. Those appointed
                                              at the daily rate paid to acting judges of         its members.
as Assistant Commissioners would come
                                              the Supreme Court.                                 The position concerning retainers, costs
from among the more senior members of
the profession.                               Those appointed as an Assistant                    agreements and direct access remains
                                              Commissioner or as Counsel Assisting will          the same after as before the introduction
The Commission also appoints Counsel                                                             of GST. In particular, Rule 85 of the New
Assisting to each hearing. In complex         be fully briefed on the Commission’s
                                                                                                 South Wales Barristers’ Rules imposes
matters both senior and junior counsel will   procedures by officers of the Commission.
                                                                                                 no obligation to accept a brief from a
be appointed. Generally there is only one     Further information may be obtained from           solicitor, if the brief purports to be on
Counsel Assisting appointed. That person      Mr Tony Marsden, Acting Solicitor to the           terms under which the solicitor has no
will ordinarily call and question witnesses   Commission on ph: (02) 9318 5825.                  obligation to pay fees.

                           Bar Council business for May
Any member interested in a particular         Meeting with judges of the Supreme                May at which sentencing guidelines were
matter should contact either the relevant     Court, 3 May 2000                                 to be considered for the appropriate
member of Council or the Executive            The President advised that she, R Angyal,         ‘discount’ that should be applied where
Director for further information.                                                               there was a plea of guilty at an early stage.
                                              Chair of the Mediation and ADR Committee
                                              and the Executive Director had met with           Bench & Bar Dinner, 12 May 2000
President’s Report                            Bryson, Sheller and Greg James JJ,                The President noted that she had heard
Meeting with Justice Lindgren, 19             Registrar Berecry, Ms Nerida Johnston,            nothing but praise for the Bench & Bar
April 2000                                    CEO Supreme Court and Ms Jeanie                   Dinner, in particular for the high standard
                                              Highet to discuss proposals to amend the          of all the speeches. Bar Council expressed
The President advised that she and the
Executive Director had, at Justice            Supreme Court Act 1970. The proposed              its appreciation for the work done by
Lindgren’s request, met with him and          amendments would permit proceedings in            Wheelahan QC and Ms Govindasamy in
District Registrar Matheson to discuss        equity to be referred to civil arbitration and    organising the dinner.
problems that had arisen in the               enable the Court to refer matters arising
                                                                                                Regional conference, 10 – 11 June 2000
administration of the Federal Court/Bar       in civil proceedings before it for mediation.
Association pro bono scheme.                                                                    The President noted that the Bar
                                              Meeting with Public Defenders,
                                                                                                Association’s annual regional conference
Meeting with the Attorney General of          5 May 2000
                                                                                                was being held at Bowral on 10-11 June.
NSW, 27 April 2000                            The President noted that she, Slattery QC         She asked all Bar Councillors to give
The President advised that she and the        and the Executive Director had been guests        consideration to attending the conference.
Executive Director had met with the           of the Public Defenders on 5 May.
                                                                                                Court of Appeal – Amendment to Rules
Attorney General to discuss a range of        Meeting with Law Society Executive,
matters, including:                                                                             The President noted that the Supreme
                                              11 May 2000
                                                                                                Court Rules had been amended so that as
• Problems being experienced with listing     The President advised that the Executive          of 1 July written submissions had to be
  practices; and                              had met on 11 May with the Law Society’s          filed within six weeks of the notice of
• The level of fees paid by the Legal         Executive. One matter discussed was the           appeal. This was the practise in
  Aid Commission.                             Court of Criminal Appeal hearing on 12            Queensland. The Court had consulted with

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                                                                                                   It was also resolved to support an
Bar Council business                                 Heritage Resources of the New South
                                                     Wales Bar Association                         amendment to the Legal Profession Act
Continued from page 2                                                                              1987 to include a statutory power enabling
                                                     Bar Council noted that this report, which
Jackson QC, the Bar Association’s                                                                  the Law Society and Bar Association to
                                                     has been endorsed by the Bar History
representative on the Court of Appeal                                                              advertise the fact of a legal practitioner
                                                     Committee, is part of the major review of
Users Committee.                                                                                   having been removed from the Roll of Legal
                                                     the Association’s records and heritage
                                                                                                   Practitioners or having had their practising
                                                     resources which it had approved in 1999
Items for consideration                                                                            certificate cancelled.
                                                     be undertaken. Bar Council further noted:
Australasian Legal Information                                                                     Draft submission to the NSW Law
                                                     • The proposed transfer of records to the     Reform Commission, ‘Review of Part
Institute (AustLII) request for support                Mitchell Library;                           10 of the Legal Profession Act 1987 –
Bar Council resolved to provide AustLII              • The proposed transfer of some items to      Issues for consideration’
with a letter supporting its application to            other institutions on long-tern loan;       Bar Council resolved the submission be
the Australian Research Council for RIEF
                                                     • The recommendation that the Bar             forwarded to the Law Reform Commission
(Research Infrastructure Equipment and
                                                       Association not automatically accept        (and copies sent to the Legal Services
Facilities Scheme) funding for 2001 and
                                                       every offered gift;                         Commissioner, Law Society of NSW and
2002. It was further resolved that the Bar
                                                                                                   Attorney General’s Department).
Association work with AustLII to develop             • That a formal collection policy was
an appropriate strategy and approach for               being developed; and                        District Court Rule Committee:
AustLII to seek funding from the legal                                                             Meeting of 13 April 2000
                                                     • That an insurance and valuation report
profession in NSW.                                                                                 Bar Council noted that the Chief Judge had
                                                       is being prepared.
Drug Law Reform                                                                                    raised with the Rule Committee a proposal
                                                     Bar Council resolved to approve all of the    to adopt Order 80 of the Federal Court to
Bar Council noted that there were                    report’s recommendations other than 5.6       allow the District Court to appoint
currently differences between the positions          (the Association engage professional          practitioners on a pro bono basis. The
of the Victorian and NSW Bar Councils,               curatorial/research assistance to undertake   Chief Judge had sought the Bar Council’s
and the advice of the chair of the Criminal          a program in preparation for the centenary    views on this matter.
Law Committee that uniformity was not                of the founding of the Council of the Bar
necessarily appropriate. Bar Council                 of NSW in 2002), and agreed in principle      Bar Council expressed concern that the
resolved not to explicitly endorse the               to recommendation 5.6, which it referred      proliferation of court pro bono schemes
Victorian Bar Council’s resolution of 17             to the Bar History Committee for its          was due at least in part to the unavailability
F e b r u a r y, b u t t o e m p h a s i s e t h e   consideration.                                of legal aid and problems in court
commonalities between the positions of the                                                         administration, and that the profession was
two Bars. The President was asked to                 Report of the District Court Users            continuing to be asked to provide at its
speak to the Bar Council’s position at               Committee meeting of 6 April 2000             expense remedies to issues that should be
the next meeting of the Australian                   Bar Council received a report from Murray     addressed by governments and the courts.
Bar Association.                                     QC which discussed, among other things,       It was resolved that the Bar Association’s
Practising Certificates: Restrictions on             a move to allow parties to engage private     pro bono schemes were not to be used to
Readers and Academics                                contractors for the purposes of obtaining     overcome D i e t r i c h problems, as a
                                                     transcripts. The Attorney General’s           substitute for legal aid, or for long trials.
Bar Council noted that practising                    Department set out guidelines for the         It was further resolved the Executive
certificates for Readers and Academics are           tendering process. Bar Council resolved to    Director meet with the Chief Judge to
currently annotated: ‘This certificate is            support the proposal.                         discuss how the present court/Bar
subject to the condition that the holder is                                                        Association pro bono schemes worked.
not permitted to appear as a Barrister               Legal Profession Amendment
without a leader in any Court, except with           (Complaints and Discipline) Bill 2000         Note: because of the confidentiality
the permission of the Bar Council’. It was           It was resolved that the President, having    provisions in the Legal Profession Act 1987
resolved the annotation be amended to                regard to the Bar Council’s several           (s171P), the Bar Council’s deliberations on
read: ‘This certificate is subject to the            discussions on the proposed legislation,      professional conduct matters cannot be
condition that the holder is not permitted           write to the Director General of the          noted in these summaries.
to appear as a barrister without a leader in         Attorney General’s Department conveying       Matters discussed by the Bar Council
any court, tribunal or arbitration except            the Bar Association’s views on the            reported elsewhere in Bar Brief, too, are
with the permission of the Bar Council’.             proposed amendments.                          omitted from these summaries.

      60 Martin Place, Sydney                                                                            Telephone: (02) 9231 3622

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        Exploring alternatives: Rule 17A compliance
In the April edition of Bar Brief, an article     Listed below are the most commonly                                                            value will depend on the form of arbitration
prepared by the Mediation Committee               understood alternatives.                                                                      chosen or imposed.
explored the express ethical obligation,
imposed by the new Rule 17A of the New            Mediation                                                                                     Expert determination/references
South Wales Barristers’ Rules, to seek            Of all the alternatives dealt with in this                                                    These processes, which are usually less
alternatives to a fully contested hearing.        article, mediation is the one which most                                                      formal than arbitration, enable parties to
This article aims to outline the more             requires particular knowledge, either by                                                      have an expert assessment of specialist
common alternatives that a barrister might        reading or preferably through a mediation                                                     issues. The decision can be binding or non-
consider in compliance with Rule 17A. It          course. The technique required effectively                                                    binding depending on what is chosen or
also raises some of the cost, time and            to represent a client at a mediation differs                                                  imposed by a Court. They have the
privacy factors that would form part of a                                                                                                       potential to shorten technical evidence and
                                                  from those required to represent the client
barrister’s consideration.                                                                                                                      can be flexible in their procedure.
                                                  at a full-scale hearing. The mediator will
                                                  not urge any particular result and cannot                                                     The cost will depend upon the procedure
Re-cap of Rule 17A Compliance                                                                                                                   used. It can be effective to resolve an
The new Rule 17A requires barristers in           impose a decision. Mediators operate
                                                  under an agreement signed by the parties,                                                     expert issue, particularly if the issue is not
every contested matter to consider                                                                                                              central to the action. It can be more
alternatives to a fully contested hearing,        or occasionally, on terms imposed by a
                                                                                                                                                expensive than a Court contest, especially
to formulate a view on the most                   Court. It is fundamentally different from
                                                                                                                                                if there is a hearing before an expert who
appropriate alternatives and, except in           arbitration. A mediator, unlike an                                                            is not experienced in the management of
special circumstances, to convey that view.       arbitrator, can and does confer with parties                                                  oral proceedings.
Conveying the view to the instructing             privately and is under an obligation not to
solicitor is adequate compliance. Advice          disclose information provided by either                                                       Early neutral evaluation or appraisal
given must be tailor made to the particular       party to the other unless authorised to                                                       This is a system not much used in New
matter. Generalised advice or the provision       do so.                                                                                        South Wales at present. It involves the use
of a pamphlet or standard letter is unlikely
                                                  Mediation can be very effective,                                                              of a lawyer who examines a dispute
to be sufficient.
                                                  particularly when clients are present. It is                                                  (usually in documentary form) and hears
The alternative available                         not possible effectively to represent a                                                       submissions usually in their own chambers
Last year the Bar Association launched the        client at a mediation without at least some                                                   or office. The early neutral Evaluator will
Barristers’ Resolution Service, and a kit         education in how mediation works. The                                                         then identify strengths and weaknesses in
containing details is available from              preparation required is substantial and the                                                   each party’s position and highlight areas
Reception. It provides a description of the       cost is similar to a day of hearing. The                                                      of agreement or dispute. A written
alternatives available to a full-scale hearing,   benefit of a mediation is that, at an early                                                   assessment of the merits of the case would
as well as sample agreements, a list of           stage, it can produce a speedy and                                                            issue, which may be binding or non-binding
accredited specialists and a range of             complete result in a way in which a client                                                    as the parties may agree or the Court may
special clauses. Familiarity with that kit is     can have a role that satisfies the need for                                                   impose. The cost would depend upon who
a good foundation for understanding the                                                                                                         pays the Evaluator (the Court or the
                                                  a day in court.
alternatives that might be considered to a                                                                                                      parties) and the length of time required.
full-scale contest.                               Arbitration
There is no limit to the range of alternatives    The benefits of arbitration over a                                                            Conciliation
to a full-scale hearing. An alternative may       conventional Court hearing may not                                                            This is a procedure mainly found in various
be any one or a combination of the                necessarily be in either cost or length of                                                    statutory jurisdictions, such as in industrial
alternatives set out below, or it may be          hearing. However, arbitration can provide                                                     disputes or workers’ compensation. It
something quite different and unique to,          a specialist bench, flexibility in the time                                                   involves a neutral third person using
but appropriate for, the demands of the           of hearing and a greater confidentiality for                                                  mediation techniques but, unlike a
matter in question.                               clients than a public Court hearing. Its                                                      mediator, a conciliator may be expected

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                                            Exploring alternatives:                           record of its use except for filing of terms
                                                                                              of settlement or a request for consent

    CHAMBERS                                Rule 17A compliance
                                            Continued from page 4
                                                                                              orders.It remains the cheapest, the most
                                                                                              effective, the most common and the

    FOR SALE                                to make somewhat more use of making               least recognised alternative to a full
                                            recommendations to assist parties to              hearing. Most lawyers actively and
                                            resolve their differences. In some Courts,        successfully pursue a negotiated
    13th Floor, Selborne                    it is a compulsory pre-trial procedure            settlement in most matters.
                                            which uses conciliators appointed by a
    Wentworth Chambers                                                                        Conclusion
                                            statutory authority.
    has a room and a half for sale.                                                           The object of Rule 17A is to achieve
                                            Settlement conference or round                    resolution at the earliest reasonable stage,
    The chambers are situated on
                                            table conference                                  rather than at the door of the Court. It
    the Macquarie Street side of            This technique involves the parties’ lawyers      aims to prevent delays and wasted costs.
    the building.                           (usually with clients present or nearby to        The list set out above is a list of the more
                                            give instructions) meeting in the office of       obvious alternatives to a full-scale hearing.
    The floor consists of three
                                            one of the parties or their insurer at a time     The perfectly normal commencement of
    Senior Counsel and 28 Juniors.                                                            settlement negotiations initiated by the
                                            when preparation has reached a stage
                                            sufficient to enable informed negotiations        making of an offer is not in the list above
    Range of jurisdictions with
                                            to occur. There are few statistics available      because it is too obvious to require
    commercial, equity, probate,                                                              description. It is, however, an alternative
                                            as to the extent of its use, but apart from
    professional liability, common                                                            that may meet the requirements of Rule
                                            the usual methods of negotiating a
    law and administrative                                                                    17A. Settlement negotiations alone,
                                            settlement, it remains one of the most
    law emphasis.                                                                             however, may not be sufficient. If they
                                            widely used procedures for resolving cases.       are commenced early and break down,
    All enquiries                           It has little institutional recognition because   it may be appropriate to consider
    should be directed to:                  it is usually done privately between the          other alternatives to overcome whatever
                                            parties to a dispute. Its use is initiated by     may have been the obstacle to a
    Mr Daniel Noll on 9377 5164.
                                            lawyers or their clients. There is no public      negotiated settlement.

                            Fees in direct access matters
Barristers who accept direct access         language that the client can be expected          agreement. Members are reminded of
briefs should take particular care to       to understand.                                    Rule 99(c) which permits a barrister to
protect themselves in relation to fees.                                                       return a brief where fees have not been
                                            Issues include the work covered by a brief
Instructing solicitors provide more than    fee and the circumstances in which any            paid promptly or in accordance with a
the convenience of a trust account.         cancellation fee will be payable. Barristers      fees agreement, and have remained
They are usually skilled communicators      should stipulate whether the fee on brief         unpaid after reasonable notice to the
in relation to all aspects of fees: the     covers some or all preparation, all work          client of the barrister’s intention to return
amount to be charged, the scope of          done on a given day, or time in court only        the brief for that reason.
work covered, recovery and handling         with conferences extra.                           Rule 99(c) is qualified by Rule 97, which
client concerns.                            In the New South Wales Barristers’                provides that if a barrister wishes to
Members are reminded of their               Rules, ‘fee’ is defined to include any            return a brief which the barrister is
obligations under s174 and s175 of the      payment for the reimbursement of                  permitted to return, he or she must do
Legal Profession Act 1987 (NSW)             expenses. Barristers accepting a direct           so in enough time to give another legal
concerning fee disclosure. Those            access brief should consider whether it           practitioner a proper opportunity to take
provisions impose more onerous              will involve the barrister in expenses            over the case. For example, where an
                                            for which he or she might seek                    advance fee is agreed, the time by which
disclosure requirements on a barrister
                                            reimbursement, particularly costs which           the fee must be paid should be
taking direct access work than is the
                                            might otherwise be incurred or borne              determined by reference to Rule 97, if
case where disclosure is made to an
                                            by an instructing solicitor.                      the barrister may want to return the brief
instructing solicitor (compare s176). In
                                                                                              for non-payment of the advance fee.
drafting fee disclosures to direct access   Although barristers must not receive
clients, consideration should be given to   money in trust for fees (Rule 77), they           Attention is also drawn to Rule 100,
the level of sophistication of the client   are entitled to receive payment in                concerning the circumstances in which
who will receive the disclosure. It may     advance of work to be performed (see              a barrister may return a brief accepted
be prudent to obtain a written              advice by Bennett QC below, first                 under a conditional costs agreement.
acknowledgment that the client              published in the October 1998 edition of          All fees received should be promptly
understands the basis on which he or        Stop Press).                                      and properly receipted to the client, to
she is to be charged. Alternately, a fee    The time within which fees are to be paid         avoid any dispute as to amounts paid
agreement should be drafted in plain        may also be the subject of a fees                 or unpaid.

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Receipt of monies in advance of performing work
In 1998 Bar Council sought the advice of        inference is drawn that the parties had the        trust. Similarly, if there is an express
David Bennett QC in respect of receipt of       intention of protecting an interest in the         agreement that the money is to become
fees by barristers performing work under        beneficiary and that a trust was the               the property of the barrister and that there
direct access rules. Members may wish to        appropriate means of doing so, then a              is merely to be a debt back if the fund are
retain a copy of this advice with their New     constructive trust will be inferred: see, e.g.,    not fully used, it is clear that there is
South Wales Barristers’ Rules.                  Bahr v. Nicolay (No. 2) (1988) 164 CLR 604.        no trust.
                                                There is no authority of which I am aware          Assuming that the parties do not spell out
Opinion                                         on the application of these principles to          the terms with this degree of clarity, there
I am asked to advise the New South Wales        barristers. There is very limited authority        are certain phrases and certain types of
Bar Association on the following questions:     on their application to solicitors.                conduct which would provide clear indicia
1. In the absence of a fee agreement and        The leading case in this area is Kirk v.           one way or the other. Thus the payment
   disregarding Rule 77 of the New South        Commissioner of Police (1988) 19 FCR               of monies into a trust account would be a
   Wales Barristers’ Rules and Regulation       530, a decision of the Full Federal Court          clear indication that the monies are
   26J of the Legal Profession Regulation       comprising Fox, Davies and Beaumont JJ.            intended to be held on trust (although this
   1994 (NSW), what is the legal nature of      The issue was whether funds in the trust           would be less strong an indicium where
   the manner in which those monies are         account of a solicitor could be seized by          the client was unaware of the existence
   held by barristers? Specifically, do those   the Commissioner of the Australian                 of the trust account). The use of the words
   bare circumstances give rise to a trust?     Federal Police under s243E of the Customs          ‘security for costs’ might be an indicium
                                                Act 1901 (CTH) which, in the events                of trust since it would suggest that the
2. Does that situation change where,
                                                which had happened, authorised seizure             barrister had a security interest over the
   pursuant to a fee agreement, monies
                                                of the client’s property.                          funds which otherwise remained the
   become payable on the happening of a
                                                                                                   property of the client. The phrase ‘pre-
   certain event? A particular example of       The Court cited a large number of early            payment’ is a slight indicium of debt as is
   this question would be where a               English authorities establishing that a            an express obligation to repay in the event
   barrister is briefed to appear on a          solicitor was entitled to demand funds in          that the funds are not utilised. The phrase
   number of days and by his/her                advance as a condition of acting in                ‘on account of costs’ is, in my view, neutral.
   agreement stipulates that the whole fee      contested litigation. Fox J, dissenting,
   is payable in advance. If a client pays      drew the inference that the funds were             My conclusions, independently of the
   that fee in advance on a non-refundable      not held in trust for the client. Davies J         legislation, regulations and rules, are:
   basis, what is the nature of the way in      drew the opposite inference. Beaumont J,           i. Whether or not there is a trust depends
   which the monies are held?                   having rejected the applicability of the              upon the intention of the parties.
3. What effect, if any, does Regulation         concept of a Quistclose trust, held that it        ii. It is possible to use verbal formulae
   26J(2) have upon the situation?              was not necessary to decide whether there              which will clearly create or clearly not
                                                was a trust or a debt because in either                create a trust.
I propose first to deal with the topic
                                                event the funds could be seized.
generally and then to deal with the                                                                iii. It is possible to use verbal formulae or
specific questions asked. It is                 The result is that the case is not of great             engage in conduct which suggests the
convenient to deal with the topic under         assistance. What it does indicate is that               presence or absence of a trust.
the following headings:                         there is at least some doubt as to whether,
                                                in the general situation, funds held by a          iv. Each case must be looked at on its
1. The general law of trust                                                                            own facts in the light of precise
                                                solicitor on account of costs are trust
2. The effect of s38P of the Legal              funds or simply the property of the                    communications between the parties.
   Profession Act 1987 (NSW)                    solicitor on the basis that, if they are not
3. The effect of Regulation 26J                 used, there is a debt owing as to the              2. The effect of the Legal
                                                balance from the solicitor to the client.
4. The effect of Rule 77                                                                              Profession Act 1987 (NSW)
                                                There is no other direct authority.                Sub-section 61(8) of the Act contains the
5. Practical consequences
                                                The possibility of there being a Quistclose        following two definitions:
6. Answers to the specific questions asked.     trust (named after the decision of the
                                                                                                      controlled money means money
                                                House of Lords in Barclays Bank Limited
1. The general law of trust                     v. Quistclose Investments Limited [1970]
                                                                                                      required to be dealt with in accordance
One of the three essential elements for the                                                           with subsection (2)(c) that, under the
                                                AC 567) was rejected by both Davies and
creation of a trust is that there be an                                                               direct or indirect control of the solicitor
                                                Beaumont JJ. It is not an appropriate
intention to create a trust. This, of course,                                                         by whom or on whose behalf it is
                                                concept in the situation where the purpose
does not necessarily mean that the person                                                             received, is for the time being held
                                                for which the funds are held involves
creating the trust is aware of the legal                                                              otherwise than in a general trust
                                                payment to the trustee himself or herself.
nature of the concept; but it does require                                                            account at a bank in NSW.
that the person intends the funds to be         It is therefore necessary to analyse the
                                                                                                      trust money means money required to
held for himself or herself and not to          precise terms upon which the money is
                                                paid in order to ascertain whether or not             be dealt with in accordance with
become part of the general assets of the                                                              subsection (2)(a).
                                                it is held on trust. In this regard it is clear
trustee: See Knight v.Knight (1840) 3 Beav.
                                                that it is possible for monies paid in             Clearly these definitions take the matter
1458, 49 ER 58; Jacobs on Trusts, 6th
                                                advance either to be made the subject of           no further.
edition, @213.
                                                a trust or to be made the subject of a debt
                                                                                                   Section 38P of the Act provides:
The intention to create a trust need not be     with no trust relationship. Either result can
explicitly spelt out. The Court will look at    be achieved with virtual certainty. If, for           (1) A barrister is not, in the course of
the nature of the transaction and the           example, there is an express agreement                practising as a barrrister, to receive
surrounding circumstances: Walker v.            that the money will be held by the barrister          money on behalf of another person
Corboy (1990) 19 NSWLR 382. If the              on trust, there is no doubt that there is a           unless authorised under this section.

Page 6 – BAR BRIEF July 2000                                                                      Make www.nswbar.asn.au your home page.
Receipt of monies in advance of performing work                                                         At the Lectern
Continued from page 6
  (2) The regulations may authorise a                  countervailing factors (such as contrary      ‘Appellate Workshop’ #, Thursday 20 July.
  barrister to do so. For that purpose,                language used by the barrister or the         Convenor: Geoff Lindsay S.C.
  the regulations may apply to                         client), such an agreement would have the     The Appellate Workshop will focus on
  barristers any of the provisions of                  effect that a prepayment does not become      preparations for appeal. This seminar is
  Part 6 (Trust Accounts).                             trust money.                                  recommended to all readers.
This section merely authorises the                                                                   ‘Land & Environment Court: Practice
making of regulations. It does not, in my
                                                       6. Answers to the specific                    Directions’ #, Monday 24 July.
view, relevantly affect the construction                  questions asked                            Speaker: Brian Preston S.C.
of the Regulations.                                    I answer the specific questions asked         Chair: Malcolm Craig QC
                                                       as follows:                                   Brian Preston S.C. will be speaking on
3. The effect of Regulation 26J of                     1. In the absence of a fee agreement          Practice Directions in the Land &
   the Legal Profession Regulation                        and disregarding Rule 77 and               Environment Court. This seminar is
   1994 (NSW)                                             Regulation 26J, what is the legal          recommended for any member interested
                                                          nature of the manner in which those        in this jurisdiction.
Regulation 26J of the Regulation provides:
                                                          monies are held by barristers?             ‘Legal Disputes in Sport: Breakfast
   (1) A barrister may, in the course of                                                             with John Boultbee’ #, Friday 28 July.
   practising as a barrister, receive money            Specifically, do those bare circumstances
                                                                                                     S p e a k e r : J o h n B o u l t b e e , D i r e c t o r,
   in advance for costs to accrue due to,              give rise to a trust?
                                                                                                     Australian Institute of Sport
   or to be paid by, the barrister.                    (a) Whether or not there is a trust           Chair: The Hon. Thomas E F Hughes AO QC
   (2) This clause does not affect any trust               depends upon the terms on which the       Is our legal system an appropriate, or even
   to which money received by a barrister                  money is paid. This will vary from        necessary, means to resolve sporting
   is subject, or any obligation of a                      case to case.                             disputes? John Boultbee, the Director of
   barrister under such a trust.                       (b) It is possible to use language or         the Australian Institute of Sport, will
This clause is clearly drafted so as not to                engage in conduct which will make it      speak on this topic, with a view to the
determine the present question one way                                                               forthcoming Sydney 2000 Olympic Games.
                                                           clear that the money is or is not
                                                                                                     Not to be missed!
or the other. It merely activates the                      trust money.
e x c e p t i o n u n d e r s 3 8 P. W h a t e v e r                                                 Members are reminded that CLE papers are
                                                       (c) It is possible to use language or
obligations exist under the Act in relation                                                          now available from the Bar Association’s
                                                           engage in conduct which provide           web site at www.nswbar.asn.au.
to trust money apply if the money is trust
                                                           indicia one way or the other.
money and do not apply if the money is                                                               # Denotes courses which attract CLE points
not trust money.                                       (d) In the bare circumstances where the
                                                           phrase ‘security for costs’ is used, in
4. The effect of Rule 77 of the New                        my opinion it is more probable than
                                                                                                           Brennan & Powell Pty Ltd
   South Wales Barristers’ Rules                           not that no trust is created, but this
                                                                                                                            trading as
Rule 77 provides: ‘A barrister must not, in                cannot be stated with certainty in
the barrister’s professional work, hold,                   view of the absence of authority and         Barristers’ Insurance Services
invest or disburse any funds for any                       the tendency of modern courts to
                                                                                                                          since 1979
other person.’                                             favour clients over members of the
                                                           legal profession in doubtful areas.         We can arrange the following (Please tick)
This rule only applies if there is a
trust obligation.                                      2. Does that situation change where,
                                                          pursuant to a fee agreement, monies          Barristers’ Sickness
5. Practical consequences                                 become payable on the happening              & Accident Extension Plan                        t
It follows from what I have said that the                 of a certain event? A particular
                                                                                                       Barristers’ Term Life Insurance
appropriate course for a barrister to take                example of this question would be
is for him or her to enter into an                        where a barrister is briefed to              & Crisis Plan                                    t
agreement with the client to the effect                   appear on a number of days and by            Cover for Chambers and
that the money paid in advance is paid                    his/her agreement stipulates that
on the following terms:                                   the whole fee is payable in advance.
                                                                                                       Professional Effects                             t
(a) the money becomes the property of                     If a client pays that fee in advance         Occupational Legal Liability                     t
                                                          on a non-refundable basis, what is
    the barrister immediately;
                                                          the nature of the way in which the
                                                                                                       Superannuation (DIY)                             t
(b) the amount paid will operate in                       monies are held?
    satisfaction pro tanto of bills rendered                                                           Name ________________________________
    by the barrister to the client from time           In these circumstances, subject to
                                                       whatever rights the client may have
    to time;                                                                                           Phone No: ____________________________
                                                       under the Legal Profession Act to set
(c) i f t h e r e i s a n y s u r p l u s a t t h e    aside the agreement on the basis of its
    conclusion of the litigation or                    general unreasonableness, the money             For further information, please complete
    termination of the retainer, the                   becomes the property of the barrister            this coupon and fax to (02) 9975 7732
    barrister agrees to repay that surplus             absolutely on payment.                                               or contact
    as a debt;
                                                       3. What effect, if any, does Regulation                Craig Brennan or Tony Powell
(d) it is the intention of the parties that               26J(2) have upon the situation?                 (02) 9975 7322 – Mobile 0409 246 766
    no trust be created in relation to
                                                       None.                                                   Email: bandp@triode.net.au
    the funds.                                                                                                     DX 9104 Dee Why
                                                       David Bennett
In my view, in the absence of any specific             12 May 1998

Make www.nswbar.asn.au your home page.                                                                                   Page 7 – BAR BRIEF July 2000
          Making representations to the Court as to
         the (fee) basis on which you are appearing
When counsel appear in a matter, either instructed by a solicitor    appearance for no or a reduced fee as a possible usage. It appears
or by a client directly, they will have negotiated any one of a      still to be resisted as a supposedly incorrect use in some
number of different bases upon which their fees will be paid.        authorities. An enlightening discussion is found in Bryan A
Some examples are:                                                   Garner’s second edition of A Dictionary of Modern Legal Usage,
                                                                     at pp. 695-697 (available in the Bar Association Library).
1. A fee negotiated at market rates;
                                                                     Current experience and anecdote in New South Wales support
2. A reduced fee basis;
                                                                     the view that many lawyers, including counsel, use the term pro
3. A speculative or contingency fee basis, where the client pays     bono to signify that either no or a reduced fee is being charged.
   on a successful outcome and/or the establishment of a cost        Obviously, there may be a considerable difference between the
   entitlement and/or the actual recovery of costs from the          absence of a fee and a reduction of a fee where the degree of
   unsuccessful party; and                                           reduction is not specified to the audience. There is a particular
4. For no fee, regardless of the outcome (and hence in the event     ambiguity when the term is used to describe what is truly a
   of success, will not be seeking a costs order which includes      speculative or contingency brief. The better view is that current
   payment of any fee to that counsel).                              vagueness about the meaning of the term pro bono will lead to
Whichever option is chosen (even the last), a costs disclosure       its use alone producing confusion, unless it is confined to a case
must be made to reflect the basis of the appearance.                 of no fee, without any speculative or contingency element.

Difficulties have arisen in some cases where counsel have            Counsel who find themselves describing the position as to their
informed the court that they are acting ‘pro bono’. The dictionary   own remuneration to the Court or to their opponent should not
meanings of pro bono tend to emphasise some connection with          use the term pro bono standing alone unless they intend to convey
public good or public interest but some dictionaries refer to        the meaning that they will not charge any fee in any event. Any
                                                                     other arrangement should be specifically described so as to
                                                                     avoid confusion.
                                                                     There remains, of course, the separate question of whether
    The Sydney University Society of St. Peter                       circumstances really do render appropriate the disclosure of what
    and LIFE/THEATRE present                                         are essentially private matters.

                                                 Sponsored by
                                       St Thomas More Society
                                                                           Staff Appointments
              The Man                                                Robert Miks replaced Monika Chudy as Assistant to the
                                                                     Administrative Support Manager, effective Monday 5 June.
                                                                     Robert has a Bachelor of Arts degree from Macquarie University,

               Born to
                                                                     majoring in French and History and has most recently been
                                                                     working at Concise Office Automation.
                                                                     Kim Ellis replaced Farida Lim as Administrative Officer
                                                                     (Records), effective Monday 1 May 2000. She will maintain

               be King                                               records and assist the Executive Director and his staff. Kim has
                                                                     previously worked for Johnson and Johnson.
                                                                     Claudia Munoz replaced Shanthini Govindasamy as
                                                                     Administrative Officer (Social Functions), effective 15 June 2000.
                  A passion Play by Dorothy L. Sayers                Claudia has done prior temporary work for the Bar Association.
                                                                     She will be responsible for social functions, the Duty Barrister
   Extra Performance                                                 Scheme and will assist with some committee work as required.
                                                                     Shanthini Govindasamy replaced Veronika Cosic as
   Sunday, 16th July 2000 at 7.30pm                                  Administrative Officer (Bar Council), effective 29 May 2000. She
   Great Hall, Sydney University                                     will also be looking after the Equal Opportunity Committee.
                                                                     Ann Maree Watt replaced Sue Divall as the Assistant to the
   Adults $15 / Concessions $12 / Family $40                         Legal Assistance Manager, effective 15 May 2000. She is studying
   Bookings essential - Call Jane on (02) 9211 2793                  psychology at the University of New England and has worked
   email: ssp@rome.com.au / website: www.sspeter.f2s.com             in the Faculty Office at Sydney University and Southern Cross
                                                                     University law schools.

Page 8 – BAR BRIEF July 2000                                                              Make www.nswbar.asn.au your home page.
      UNSW Indigenous                                                  Elizabeth Frizell
                                                                       Robert Glasson
                                                                                             Level 7 Selborne Chambers
                                                                                             Blackstone Chambers

     Pre-Law Program in                                                Michael Henry
                                                                       Mark Higgins
                                                                                             Level 11 Selborne Chambers
                                                                                             Frederick Jordan Chambers

       need of support                                                 Andrew Hourigan
                                                                       Simon Ioannou
                                                                                             Jack Shand Chambers
                                                                                             Blackstone Chambers

A practical way for barristers to assist Indigenous Australians        Matthew Johnston      Samuel Griffith Chambers
obtain legal qualifications is to support the University of New        Andrew Jungwirth      Level 13 St James Hall Chambers
South Wales Indigenous Pre-Law Program.
                                                                       Michael Kearney       Lachlan Macquarie Chambers
The course is conducted by the UNSW Aboriginal Education
Program. It recognises that many Indigenous people do not have         Robert Kelly          12 Selborne Chambers
the necessary educational qualifications or social opportunities       Darryn Kelly          State Chambers
available to others in our community. It offers ‘catch-up’ and
‘head start’ intervention programmes to assist participants achieve    Blake Maguire         Level 14 Wardell Chambers
their potential and to obtain legal qualifications.                    Tony McAvoy           Frederick Jordan Chambers
The success of the Indigenous Pre-Law Program is evident from          Anthony McGrath       Level 10 Wentworth Chambers
the figures available. Approximately 120 students have participated
since 1995 and all of the 17 participants for 1999 have commenced,     Charles McNamara      Arthur Philip Chambers
or will commence, legal studies.                                       Carolyn Morris        Level 13 Selborne Chambers
Federal Government funding, once sufficient for a five-week            April Mountfort       Level 7 Selborne Chambers
programme, will now only cover two weeks. This has forced
organisers to raise money themselves for a third week of tuition.      Nicholas Newton       Level 13 Wentworth Chambers
The result is further hardship, as worthy applicants are turned        Sandra Ocampo         Blackstone Chambers
away, either because they fail to meet the selection criteria, or
                                                                       Sylvia Piedade        Level 9 Wentworth Chambers
because they simply do not have enough money to support
themselves during the life of the course.                              Shane Prince          State Chambers
There are a number of ways a barrister can assist, including           John Pritchard        Jack Shand Chambers
providing texts, financial support and tutoring. Please contact
                                                                       Garry Rich            Level 10 Selborne Chambers
Peter Hill (0417 0444 77; peterhill@hartingdale.com.au) in the first
instance for further information.                                      Matthew Richardson    Elizabeth Street Chambers
                                                                       Wade Roper            Level 5 Wentworth Chambers
                                                                       Adam Searle           H B Higgins Chambers

Barristers graduating from                                             Penelope Sibtain
                                                                       Mark Smith
                                                                                             Level 6 Selborne Chambers
                                                                                             Level 9 Windeyer Chambers

1/00 Bar Practice Course                                               Hugh Stowe
                                                                       Matthew Tyson
                                                                                             Level 7 Wentworth Chambers
                                                                                             Level 8 Selborne Chambers
(in alphabetical order)
                                                                       Maria Tzannes         Level 15 Wardell Chambers
Name                        Chambers                                   Jeanna Walsh          South Coast Chambers
Alister Abadee              Level 12 Wentworth Chambers                Theresa Warwick       Henry Parkes Chambers, ACT
Kevin Andronos              Level 11 Selborne Chambers                 David Weinberger      Level 6 Selborne Chambers
Joan Baptie                 Samuel Griffith Chambers                   Harry Woods           Blackstone Chambers
Peter Barham                Level 11 Garfield Barwick Chambers         Michael Wright        Level 11 St James Hall Chambers
Nicholas Beaumont           Level 12 Wentworth Chambers
Vahan Bedrossian            Edmund Barton Chambers
Simon Benson                Blackstone Chambers                                New members of
Peter Campton
Andrew Davis
                            Arthur Phillip Chambers
                            Level 14 Wardell Chambers                        the Bar Association
Simon Davis                 Level 2 Wentworth Chambers                 Local Practising Practitioner
Michelle Dolenec            Sir Maurice Byers Chambers                 Matthew Johnston
Jason Downing               Level 7 Wentworth Chambers                 James Momsen
Maureen Fanning             Jack Shand Chambers                        Mark Smith
Andrew Fernon               Level 11 St James Hall Chambers
                                                                       Legal Practitioner other than Local
Sandrah Foda                Level 9 Selborne Chambers
                                                                       Practising Practitioner
Matthew Fraser              Level 13 St James Hall Chambers            Peri Hoskins

Make www.nswbar.asn.au your home page.                                                                 Page 9 – BAR BRIEF July 2000
  Papers to note                                                         Appointments
The New Tax System: GST for Australian         Acting Judge of the Supreme                   commencing on 1 July 2000 and expiring
lawyers, April 2000. This guide to the New                                                   on the dates shown:
Tax System was published by the Law            Court of New South Wales
                                                                                             His Honour Acting Judge H H Bell, 28
Society of New South Wales, with funding       The Hon. Morris David Ireland QC has been
                                                                                             August 2000;
from the GST Start-Up Assistance Office,       appointed as an Acting Judge of the
on behalf of the Australian Bar Association    Supreme Court of New South Wales for          The Honourable Acting Judge Fisher AO
and all law societies around Australia.        the period commencing 14 June 2000 and        QC, 11 April 2001;
Copies may be obtained at Reception.           expiring on 13 June 2001.                     His Honour Acting Judge Ford QC, 27
Justice in Jeopardy: Malaysia 2000. This                                                     March 2001; and
report was issued by the International Bar     Acting Judges of the District Court
                                                                                             His Honour Acting Judge McLachlan, 17
Association, the International Commission      of New South Wales                            November 2000.
of Jurists’ Centre for the Independence of
Judges and Lawyers, the Commonwealth           The following persons have been
Lawyers Association and the Union              reappointed as Acting Judges of the           Acting Magistrates
Internationale des Avocats, on 6 April 2000.   District Court of New South Wales, for the
                                                                                             The following persons have been appointed
It was the subject of an article by Cowdery    period commencing on 1 July 2000 and
                                                                                             as Acting Magistrates and as Mining
QC in the May edition of Bar Brief. A copy     expiring on 30 June 2001:
                                                                                             Wardens for the period commencing on 1
is available for loan from the Bar Library.    The Honourable Acting Judge Cripps QC         July 2000 and expiring on 30 June 2001:
Local Court Civil Practice Note No. 1 of       His Honour Acting Judge Downs QC              Thomas Cleary
2000: Legal Costs, 22 May 2000. This
provides counsel, solicitors and the court     His Honour Acting Judge Grogan                Elwyn Elms
with a defined procedure for determining       His Honour Acting Judge W D Hosking QC        Terrance Forbes
costs and ‘guideline amounts’. A copy is
                                               His Honour Acting Judge Mitchelmore           Stanley Hyde
held at the Bar Library.
Family Court of Australia Practice             The Honourable Acting Judge Nader RFD QC      Vincent Kearney
Direction No. 1 of 2000, 27 June 2000. This    His Honour Acting Judge Nash                  Gary O’Keeffe
provides notice that a new Form 17 in
                                               His Honour Acting Judge Sinclair QC           Susanne Schreiner
Schedule 1 of the Family Law Rules, titled
‘Financial Statement’, took effect on 1 July   The Honourable Acting Judge Stewart           James Smith
2000. A copy is held at the Bar Library.       His Honour Acting Judge Wall QC               Ross Sterland
                                               Ian Bowden                                    Malcolm Beveridge has been appointed as
                                               Clifford Boyd-Boland                          an Acting Magistrate and as a Mining Warden
     St Thomas                                 Professor Leroy Certoma
                                                                                             for the period commencing on 1 August 2000
                                                                                             and expiring on 30 June 2001, following his

    More Society                               Professor Michael Chesterman
                                               Alexander Dalgleish QC
                                                                                             retirement as a Magistrate, with his last day
                                                                                             of service being 31 July 2000.
                                               Professor Helen Gamble
   Beckett Lecture Series                                                                    Legal Profession Advisory Council
                                               Alan Hogan
                                                                                             Dr Valerie Levy has been appointed as a
  The Chief Justice, the Hon J J               The following persons have been appointed     community member of the Legal Profession
  Spigelman, will deliver his second           as Acting Judges of the District Court        Advisory Council, effective 13 June 2000
  lecture on Thomas Beckett:                   of New South Wales for the periods            to 6 December 2006.
    “Beckett and Henry II:
     A New Archbishop”
  Time: 6.00 p.m.                              The June 2000 Bar examinations:
  Date: Tuesday, 15 August, 2000
  Place: The New South Wales Bar
  Association Common Room, 180
                                                    Some facts and figures
  Phillip Street, Sydney.                      • Not all exams had equal candidature;        The average mark was 79.
                                               • Eight candidates withdrew and two           Practice & procedure: The pass rate was
  Inquiries to:
  St Thomas More Society                         failed to appear;                           81 per cent. The average mark was 78.
  DX 996 Sydney                                • A total of 67 people sat the exams; and     The Blashki Award
  OR Box 282 GPO Sydney NSW 1043
                                               • Thirty-eight members of the Bar             Congratulations to Louise Clegg, who
  alternatively, telephone                       Association assisted in the preparation     achieved the highest aggregate score in the
  Louise Pritchard on 9231 1006                  sessions and marking of papers.             June 2000 examinations. As a reward for
  or email                                     Ethics: The pass rate was 98 per cent. The    her academic achievement, Louise will
  stmsociety@ozemail.com.au                    average mark was 78.                          receive a set of robes from P. Blashki &
                                                                                             Sons Pty Ltd.
                                               Evidence: The pass rate was 86.5 per cent.

Page 10 – BAR BRIEF July 2000                                                               Make www.nswbar.asn.au your home page.
                   Regional Conference,                                                                             Speeches
                     10 - 11 June 2000                                                                      ‘Judicial legitimacy’, by the Chief Justice
                                                                                                            of Australia, The Hon. Justice A M Gleeson
                                                                                                            AC. This speech was delivered at the
The Bar Association Regional Conference,                 will and good sportsmanship prevailed and
held at Milton Park Conference Centre in                                                                    Australian Bar Association Conference, 2
                                                         the winning table squeaked home by a
B o w r a l o v e r t h e Q u e e n ’s B i r t h d a y   single hotly contested point.                      July 2000, New York. A copy of this speech
weekend, was a great success. This was                                                                      may be obtained from the Bar Library or
despite the disappointing attendance of                  For most delegates, the real enjoyment
                                                                                                            from the High Court’s web site at
only 42 people, three of whom were                       came from the walk through the beautiful
accredited solicitors. Among those absent                winter gardens at Milton Park, the crisp
was the Master of Ceremonies, who was                    cold, the roaring log fires, the company,          ‘Retirement of Chester Porter, Queen’s
caught up in France. Fortunately, President              the good food and the chance to enjoy a            Counsel’, by The Hon. John Hatzistergos
Ruth McColl S.C. gave an admirable,                      holiday weekend away with the family.              MLC, 28 June 2000. A copy of this
impromptu impersonation of a tall                        The organisers would like to thank                 speech may be obtained from the
moustached man.                                          speakers Justice Virginia Bell, Justice Kevin      N S W P a r l i a m e n t ’s w e b s i t e a t
Apart from a broken gas main that left most              Lindgren and Stephen Odgers; Chairs Rob            www.parliament.nsw.gov.au or from the
rooms at Milton Park at sub-zero                         O’Neill from the Parramatta Bar and Stuart         Bar Library.
temperatures on Saturday night, those who                Hill from the Wollongong Bar; workshop
did attend enjoyed the occasion very much.               leaders, Donovan QC, Glissan QC, Lindsay
The conference dinner was a sparkling
affair, held in the candle-lit Conservatory
Restaurant in the main hotel. Undoubtedly
                                                         S.C. and Caroline Davenport; as well as
                                                         Lisa Allen for contributing most of the
                                                         (legal) trivia questions.
                                                                                                               Cessation of
the highlight of the evening was the trivia
competition. Teams were comprised of
numerically unequal tables so that
                                                         Interested members may obtain copies
                                                         of conference papers from the
                                                         B a r A s s o c i a t i o n ’s w e b s i t e a t
                                                                                                               District Court
‘handicap’ and ‘penalty’ could occasionally
be heard over the clink of glasses. But good             www.nswbar.asn.au
                                                                                                                sittings at
                                                                                                            The Hon. R O Blanch, Chief Judge of the
                                                                                                            District Court of NSW, has advised that
                                                                                                            sittings in the criminal jurisdiction in
                                                                                                            Liverpool will cease at the end of First
                                                                                                            Term, on 1 September 2000. He has also
                                                                                                            advised that, from the beginning of Second
                                                                                                            Term, 3 October 2000, there will be a fourth
                                                                                                            Court sitting at Campbelltown.
                                                                                                            This decision was taken because of the
                                                                                                            significant reduction in the trial caseload
                                                                                                            at Sydney West. At the beginning of 1999
                                                                                                            there were 688 trials but, by the end of
                                                                                                            May 2000, this had been reduced to 331.
                                                                                                            The Chief Judge has also indicated
                                                                      Clockwise from top left:
                                                                                                            that if this trend were to reverse,
                                                                 Ruth McColl S.C with Elizabeth and
                                                                  David Nock S.C., Trevor Neill and         then sittings at Liverpool would
                                                                 Rob O’Neill (Parramatta Bar), Geoff        resume. Similarly, if the need for the fourth
                                                                  Lindsay S.C. with Frank and Val           Court at Campbelltown is found to be
                                                                      Thraves (Newcastle Bar).              unwarranted, then it will be discontinued.

   St Thomas More Society                                                           About the speaker: Dr Samuel Gregg is a moral philosopher.
                                                                                    He has a LLB (Hons.) and an MA from The University of
                                                                                    Melbourne, and a DPhil in moral philosophy from Oxford
   Jubilee Lecture Series 2000 - “Dignitatis Humanae
   and the Catholic Human Rights ‘Revolution’: Past                                 which he attended as a Commonwealth Scholar. His doctorate,
   Successes, Future Problems”.                                                     supervised by Professor John Finnis, has since been published
                                                                                    by Lexington Press in the United States and by Oxford
   Lecture No 5 - The Idea of Liberty in the Secular City:
                                                                                    University Press in England as Challenging the Modern World:
   Seven Catholic Amendments
                                                                                    Karol Wojtyla/John Paul II and the Development of Catholic
   Lecturer: Dr Sam Gregg LLB (Hons.), MA, DPhil (Oxon) will
   conduct Lecture 5 in a series of 6 lectures. Details are as follows:-            Social Teaching (1999). He is currently Resident Scholar at
   Time: 5.45 p.m. Date: Thursday, 3 August, 2000.                                  The Centre for Independent Studies.
   Place: The New South Wales Bar Association - Conference                          RSVP to Louise Pritchard on 9231 1006.            John McCarthy
   Rooms 1 and 2, Lower Ground Floor, 180 Phillip Street, Sydney.                                                                          President

Make www.nswbar.asn.au your home page.                                                                                    Page 11 – BAR BRIEF July 2000
                       In Brief                                                Notice to members
The President would like to thank Mark Richmond and Holger              The price for Member ID cards, including GST, is $11.00.
Sorensen for conducting GST seminars for members in Newcastle
                                                                        Bookings for an appointment to obtain your card can be made
and Parramatta respectively.
                                                                        with Patrina Malouf at Reception on 9232 4055. It is necessary to
                                                                        attend in person to have your card created. Barristers should
                                                                        bring a form of identification with them. Due to staffing
          Queen’s Birthday                                              arrangements, it is not usually possible to accommodate ‘drop-
                                                                        ins’ for ID cards, so members are advised to ring and make an

             Honours                                                    appointment to avoid disappointment.

On 12 June 2000, the following members were awarded Queen’s
Birthday Honours:                                                        Distribution of circulars via email
                                                                        As more chambers acquire an email address, the practice of faxing
Order of Australia, Companion (AC) in the
                                                                        circulars to all chambers (‘pigeon faxes’) will be phased out.
General Division
                                                                        Notices regarding the courts, swearing-in ceremonies, 15 bobbers
The Hon. J J Spigelman, Chief Justice of New South Wales, for
                                                                        and social functions are being emailed to all clerks. Members
service to the law and to the community;
                                                                        without chambers, who would like to be included on the general
Order of Australia, Officer (AO) in the General Division                email list for notices, are invited to contact the Administrative
                                                                        Support Manager on ph: (02) 9229 1729, fax: (02) 9221 1149 or via
The Hon. Justice R V Gyles, Federal Court Judge, for service to
the legal profession and the judiciary;                                 email: lcolley@nswbar.asn.au.

The Hon. Justice James Wood, NSW Supreme Court Judge, for
service to the community as Royal Commissioner into the NSW
Police Service; and
David Bennett QC, Commonwealth Solicitor-General, for service
                                                                                  Legal Aid fees in
to the law and to the legal profession.
                                                                                  criminal matters
                                                                        On 4 July 2000 the Legal Aid Commission provided the Bar

  The Equal Opportunity                                                 Association with the new Scale of Fees payable in Criminal
                                                                        Matters, effective 1 July 2000. The full text is included as an
                                                                        insert in this copy of Bar Brief for your convenience. The fees
     Committee and                                                      are listed without the GST component.
                                                                        Members who read the June Bar Brief will be aware that the

    mobility disability                                                 Managing Director of the Legal Aid Commission, Margaret Allison,
                                                                        recently wrote to the Executive Director about the effect of GST
                                                                        on barristers’ fees. In that letter she said:
The Equal Opportunity Committee is collecting information about
                                                                               Practitioners add GST to the service fee which they
accessibility to all Chambers for people with mobility disabilities.
                                                                               normally charge to the Commission. The fees paid by the
Many Chambers have problems with restricted access for disabled
                                                                               Commission remain unchanged and are exc-lusive of GST.
people, particularly those who are required to use wheelchairs.
                                                                               The Commission pays both the fee and the GST to the
Where these facilities are available, such as the disabled persons’
                                                                               practitioner. Practitioners do not lose a further 10 per cent.
toilet and parents’ room behind the lobby of Selborne Chambers,
many remain unaware that they exist. This is particularly                      For example, a practitioner is obliged to charge GST
disadvantageous for Chambers from which a significant volume                   totalling $35.00 to the Commission in addition to normal
                                                                               fees and disbursements. The Commission will pay that
of personal injury litigation is conducted.
                                                                               amount to the practitioner who then remits it to the ATO.
A questionnaire has been sent out to all Heads of Chambers to                  In turn, the Commission claims reimbursement of $35.00
assist the Committee in compiling a database on this issue.                    as an input tax credit from the ATO, which maintains the
Areas covered by the questionnaire include: wheelchair access                  Commission’s total funding for aid.
to Chambers, independently accessible toilets, designated
                                                                               In summary, the individual practitioner does not lose 10
parking spaces for disabled people, and accessibility to Courts
                                                                               per cent and the Commission’s funding for aid remains
and Tribunals.                                                                 unchanged so the ‘pool’ of funds for aid does not lose 10
The results of the questionnaire will enable Bar Association staff             per cent either.
to better answer specific questions from members of the public,         Members with comments/questions on Legal Aid matters should
clients, regulatory authorities and the legal profession about access   feel free to contact members of the Legal Aid Committee (refer
to Chambers, Courts and Tribunals.                                      to Bar Association web site at www.nswbar.asn.au for full list of
Enquiries may be directed to the Chair of the Equal Opportunity         committees and members ).
Committee, Michael Slattery QC or the Committee’s Administrative        Stephen Odgers
Officer, Shanthini Govindasamy on ph: (02) 9232 4055 or email           Chair
sgovin@nswbar.asn.au                                                    Criminal Law Committee

Page 12 – BAR BRIEF July 2000                                                                 Make www.nswbar.asn.au your home page.
                          Farewell for Chester Porter QC
 On 30 June 2000, Chester Porter QC retired from active practice
 as a barrister. In order to commemorate his memorable and
 distinguished career, the Bar Association held a function in the
 Common Room on Friday 23 June 2000. In excess of 200
 members attended. Frank McAlary QC, who graduated from the
 University of Sydney Law School with Chester Porter in 1946,
 spoke. He said:
    I have known Chester for 57 years, from Articled Clerk to
    Queens Counsel, from our meeting at the Law School in 1943,
    until tonight. That is, from the Alpha to the Omega of his
    career. For me this is an honoured but sad occasion, as it will
    be for all members of the Bar.
    We are fortunate Chester has been with us so long! A role
    model and guiding light for brave and fearless advocacy. His
    career has been at the rock face of legal difficulties. The
    representation of a client (often guilty) in criminal proceedings
    is not only the true function of the Bar but also the most
    difficult. To walk the narrow path between respect and
    courtesy to a Judge, who is often obstinate, egocentric and
    determined to obtain the result he deems appropriate, and
    bold and fearless representation of a client, is what the Bar
    must learn to do.
    That is what you have done Chester. It is unfortunate you
    will not be in here in the future to point out the way for the
    rest of us.
 Mr. McAlary then gave an outline of Chester Porter’s career
 over fifty years at the Bar, from his role as junior counsel to the
 late Jack Shand QC in the McDermott Royal Commission,
                                                                                         clock wise from above:
 through the Voyager Commission to the acquittal of Roger
                                                                        Chester Porter QC, Chester Porter QC and Ruth McColl S.C.
 Rogerson at his trial. He claimed these outstanding performances
 in the criminal field were without recent peer.
 Finally, Mr. McAlary called upon all members present to drink
 the toast in honour of ‘Chester Alexander Porter, a great
 Queen’s Counsel’.
                                                                        Suite 301, 3rd Floor, 67 Castlereagh Street

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                                                                                                            counsel chambers
                                                                                                            with an existing
                                                                                                            medium term tenancy,
                                                                                                            these quality premises
                                                                                                            are now available for
                                                                                                            sale for purchasers
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                                                                                                            attracts a rental of

                                                                        Contact: Bernard McGrath 0414 360 361
                                                                        Laing + Simmons, Paddington 9361 4277

Make www.nswbar.asn.au your home page.                                                                  Page 13 – BAR BRIEF July 2000
                                  The Bar and the Olympics
Many of the athletes competing in the Sydney Olympics, who               If you wish to volunteer for this work would you please send
come before the Court of Arbitration for Sport during the Games,         your expression of interest to Mr Chris Winslow, the Public Affairs
will not be represented by legally qualified advocates. The Court        Officer of the New South Wales Bar Association, 174 Phillip Street,
of Arbitration for Sport has jurisdiction over each athlete’s right      Sydney providing him with the following details.
to compete in the Games on behalf of a national team. There is a         (a)    Your full name, address and contact details both during
real need for effective legal representation for athletes particularly          business hours and after hours.
from Eastern European, Asian and African countries should they
be involved in disputes before the Court.                                (b)    An indication as to whether you will be available for pro
                                                                                bono assistance for the whole or a particular part of
To assist the success of the Games and to offer the opportunity                 the Games.
for members of the Bar to fill this need the President, Ruth McColl
S.C. has offered the services of members of the Association on a         (c)    A general indication of the particular areas of your practice
pro bono basis to appear before the Court. This offer has been                  which you believe would provide you with the necessary
welcomed by Mr John Coates AO of the Australian Olympic                         grounding and experience to appear before the Court. Not
Committee in the exchange of correspondence which appears                       only experience in appearing before domestic sporting
opposite. The Olympic movement is encouraging New South Wales                   tribunals but equity administrative law and criminal law
barristers to appear in this role and welcomes their assistance in              may be relevant areas of practice.
the Sydney Games.                                                        All volunteers will be expected to familiarise themselves before
The Bar has also volunteered the services of its members to appear       the Olympics with the Court’s procedures and the various
on a pro bono basis during the Games on behalf of athletes who           protocols applied by the Court, so as to be in a position to provide
come to the attention of civil authorities in New South Wales because    the best representation before the Court at short notice.
of alleged breaches of State or Federal law. Should any of the world’s   At this stage expressions of interest are being sought so that the Bar
athletes find themselves before our criminal justice system it is most   can commence to constitute a panel of volunteers and to be able to
important that they be represented by qualified advocates.               confirm to the New South Wales Sports Commission that a panel of
The Bar’s offers of assistance will operate during the period from       sufficient size has been assembled to make this offer viable.
the entry of the athletes into the Village (approximately one week       The final selection of the barristers from the panel of volunteers
before the Opening Ceremony) through until the Closing Ceremony.         for particular cases will be decided by members of the Bar who
The Bar wishes to constitute two panels of volunteers who are            have an association with the Court and experience in sports law.
ready to provide these services during the Games. Here is what is
involved and how you apply.                                              Criminal Justice Scheme
                                                                         The Bar also wishes to make up a separate panel of volunteers
The Court of Arbitration for Sport                                       prepared to represent athletes on a pro bono basis in respect of
The Court of Arbitration for Sport which will sit during the             alleged breaches of State or Federal law. Members of the Bar
Olympics has as two of its permanent members The Hon. Justice            with criminal law experience are also requested to volunteer for
Tricia Kavanagh and Robert Ellicott QC. It is not known how              this service. As with the system of selection for the Court of
many disputes will come before the Court during the Games.               Arbitration for Sport, two senior members of the Bar with criminal
However, under its mandate the Court can deal with a wide variety        law experience will be asked to allocate particular counsel from
of possible questions about athletes’ eligibility to compete in the      the panel to particular cases as the need arises.
Games. The Court may sit under conditions of extreme urgency.
Issues may arise which will require a determination by the Court         Expressing Interest
within a 24 hour period. The Court may sit overnight to ensure a
                                                                         Please forward your expression of interest to volunteer for one
determination is made before an athlete competes in the Games
                                                                         or both of these panels by 5.00pm, Friday, 28 July 2000. Please
the following day. It is critical that those who volunteer for this
                                                                         address correspondence to Chris Winslow, Public Affairs Officer
work can guarantee to be available at particular times during the
                                                                         at the New South Wales Bar Association, 174 Phillip Street Sydney;
Olympic period and that the volunteers are prepared to conform
                                                                         DX 1204 Sydney; or cwinslow@nswbar.asn.au
with the Court’s demanding timetables.
                                                                         It is important that the volunteers under this scheme reflect the
It is expected that in Sydney the proceedings of the Court will be
                                                                         full diversity of the composition of the Bar. Women barristers
conducted in English. However, barristers who have fluency in another
                                                                         with relevant experience are encouraged to volunteer for these
language will be of special value as volunteers for this scheme.
                                                                         panels. The selecting counsel for both panels will be requested to
Many members of the Bar have experience in appearing in New              ensure that there is a fair and adequate representation of both
South Wales and Australian sports tribunals. The voluntary               male and female members of the Bar in the appointment of
assistance of such members is particularly encouraged.                   barristers to provide this service.

                            Aboriginal children in custody
The President of the Bar Association recently received a letter             those difficult cases, where juveniles had been refused bail or
from Mr Greg Walsh, Solicitor, regarding a proposed Pro Bono                otherwise are facing custodial sentences. In many such cases,
scheme for Indigenous youth at the Children’s Court of New South            there is a need for more effective legal representation involving
Wales. In that letter he said:
                                                                            committed case management to enable alternatives to custodial
   The extremely high incarceration rate of Aboriginal children is of       sentences to be considered.
   ongoing concern. The statistics indicate that well over 30 per cent
   of our children in custody in juvenile institutions are Aboriginal.   Members of the Bar who are prepared to be placed on an
   I believe that there is a need to make available to the existing      appropriate roster, should contact Greg Walsh on ph: (02) 9645 3766,
   Aboriginal Legal Services a resource of committed legal               fax: (02) 9644 5417, DX 11224 Bankstown, email:
   practitioners who would be available to assist in respect of          gawalsh@optus.net.au

Page 14 – BAR BRIEF July 2000                                                                  Make www.nswbar.asn.au your home page.
                               Olympic Pro Bono Scheme
The President of the Bar Association, Ruth McColl S.C., recently   Australian Olympic Committee welcomed the Bar Association’s
wrote to John Coates, President of the Australian Olympic          proposal, and responded with the following:
Committee, offering to set up an Olympic pro bono scheme. In
that letter she said:

   The New South Wales Bar Association wishes to provide              We agree it is critical that all athletes appearing before
   some practical assistance to the athletes competing at the         the Ad hoc Division of the Court of Arbitration for Sport
   Sydney 2000 Games. The New South Wales Bar Association             (CAS) in Sydney are properly represented. The Australian
   is the professional body that represents all practising            Olympic Committee will be offering our Team members
   barristers in New South Wales. Many members of the Bar             the services of a panel of lawyers on a pro bono basis.
   in this State have extensive experience in sports law.             This panel will comprise the members of the CAS in
   The Court of Arbitration for Sport will be convened to sit         Australia who are available.
   in Sydney during the holding of the Games. A number of             The Association of Oceania National Olympic Committees
   eminent members of the New South Wales Bar Association             recently enquired whether we could assist by arranging
   will sit on the Court of Arbitration for Sport in a judicial
                                                                      for some lawyers to be available to appear for their
   capacity. The New South Wales Bar Association wishes to
                                                                      athletes and I am sure that most of the other National
   do whatever it can to assist the fair and efficient operation
                                                                      Olympic Committees will have the same requirement.
   of the Court during the Games.
   Whilst many of the countries competing in the Games,               We therefore very much welcome your proposal and look
   including Australia, will have their own legal counsel who         forward to your advice as to those members of the Bar
   will represent athletes required to appear before the Court,       Association who are willing to help by appearing on a
   there will be many other countries whose team members              pro bono basis before the CAS. We would also appreciate
   will be without qualified legal assistance. To ensure that         your enquiring whether there are members prepared to
   all who appear before the Court in Sydney are adequately           appear on a pro bono or other basis for athletes from
   represented, the New South Wales Bar Association is                overseas who may come to the attention of our civil
   prepared to offer the services of some of its members on           legal authorities.
   a pro bono basis for those athletes who would otherwise
   be unrepresented. The Bar Association is ready to call for
   volunteers from among its members for individual
   barristers to make their services available for this purpose.
   I am sure that many members of the Association will be
   willing to volunteer to make available this important
   advocacy service. It is envisaged that from among the
   volunteers from within the Association, experienced sports
   lawyers associated with the Court can make a final
   selection of the particular barristers to appear based on
   their relevant experience.
   If this proposal is welcome, then the Bar Association will
   seek its members’ participation and when the scheme is

   in place a more detailed description of the proposal can
   be distributed to the liaison officers of each of the teams
   competing at the Sydney Games.
   Athletes competing at the Sydney Games may also come
   to the attention of civil legal authorities in New South
   Wales in respect of alleged breaches of the State or Federal
   law. The Bar Association may also be able to offer the
   services of its members on a pro bono basis to appear for
   athletes at the hearing of any such cases during the
   currency of the Games. If this idea is also welcome, then
   the Association can seek its members’ participation and
                                                                     OFFER !
                                                                      Join the ‘QANTAS Club’ as a Corporate
   announce such a scheme when it has sufficient volunteers           Member and the joining fee will be waived.
   to ensure it will be a success.
                                                                      Enjoy a reduced rate for one or two
                                                                      year membership.

                                                                      Offer valid to 31 August 2000.
  AUSTRALIAN CRIMINAL                                                 Contact Harvey World Travel for full details.
                                                                      Harvey World Travel (Counsel’s Chambers)
  PRICE $2000
                                                                      174 Phillip Street, Sydney NSW 2000 Australia
                         Contact: Christine Griffin, Clerk
                                                                      Phone: +61 (0) 2-9235 2612 • Fax: +61 (0) 2-9235 3783
                          Crown Prosecutors’ Chambers
                                 Telephone: 9285 8829                 E-mail: hwt@counselschambers.com.au DX 973 Sydney

Make www.nswbar.asn.au your home page.                                                                      Page 15 – BAR BRIEF July 2000
                                   Coming up                                                                         Bar Brief is produced monthly for
                                                                                                                     the New South Wales Bar
First National Pro Bono Law                          London WC2N 5DX. Ph: ++44 20 7976 1007;
Conference, 4-5 August, National                     Fax: ++44 20 7976 2395 or email:                                Association by:
Convention Centre, Canberra. The                     cmja@btinternt.com                                              Weavers
Commonwealth Attorney General, The                   Technology for justice 2000, 8-10                               Studio 9
Hon. Daryl Williams AM QC MP, will                   October, Hotel Sofitel Melbourne. The
convene a conference to publicise the
                                                                                                                     5 Parsons Street
                                                     Australian Institute of Judicial
voluntary provision of legal services and                                                                            Balmain 2041
                                                     A d m i n i s t r a t i o n ’s s e c o n d n a t i o n a l
to discuss innovations in their delivery at          conference on court technology will                             Tel: (02) 9555 7866
state and national levels. The New South             feature the latest applications of advanced                     Fax: (02) 9555 7861
Wales Bar Association, the Law Council of            technology to case management, appeals,
                                                                                                                     email: weavers@weavers.com.au
Australia and other organisations will               evidence presentation and other judicial
participate in the development of the                support systems. Basic conference details                       Web site: www.weavers.com.au
conference programme. A conference                   may be obtained from the AIJA web site at
brochure and registration form will be kept          www.aija.org.au or from the conference                          Advertising bookings and enquiries
at Reception. Information may be obtained            secretariat at GPO Box 2609 Sydney NSW                          to John Weaver.
from the conference web site at                      2001, Ph: (02) 9241 1478, Fax: (02) 9251
www.law.gov.au/probono, or by contacting             3552 or email: techjust@icmsaust.com.au                         Editorial Contributions to:
Kathy Laster on Ph: (03) 9479 2282 or                A brochure and registration form will be
                                                                                                                     Public Affairs Officer,
email: K.Laster@latrobe.edu.au.                      kept at Reception.
                                                                                                                     NSW Bar Association,
LEADR 2000 ADR International                         The 2001 World Congress on Family
                                                     Law and the Rights of Children and                              LG Floor
Conference, 27 – 29 July 2000, The
Regent Hotel, Sydney.                                Youth, 20 – 22 September 2001,                                  Selborne Chambers,
                                                     Bath, England.                                                  174 Phillip Street
Lawyers Engaged in Alternative Dispute
Resolution (LEADR) describes itself as an            The aim of this conference is to establish                      Sydney 2000
‘Australasian not-for-profit organisation            The Children’s Protection Network, an                           DX 1204 Sydney
established to serve the community by                international association of lawyers and
                                                     associated professionals working for the                        email:
encouraging the use of alternative dispute
resolution. Topics for the ‘breakout                 protection of children. Information may be                      mediainquiries@nswbar.asn.au
sessions’ include ‘Native Title Mediation’,          obtained from the Congress Manager, Gail                        Fax: (02) 9221 1149
‘ADR in the Armed Forces’ and ‘Dispute               Fowler, at Capital Conferences Pty Ltd, PO
                                                     Box N399 Grosvenor Place, Sydney NSW                            Contributions and advertising
Resolution in an Environmental Context.’
                                                     1220. Ph: (02) 9252 1635; Fax: (02) 9241 5282                   bookings and material for Bar
A conference brochure and registration
                                                     or email: capcon@ozemail.com.au                                 Brief must be received by the end of
form will be kept at Reception. Information
about the programme may be obtained                  Union Internationale des Avocats/                               the month prior to publication.
from the Conference Secretariat on ph: (03)          International Association of Lawyers,
9820 9115, fax: (03) 9820 3581 or email:             4 4 th C o n g r e s s , 2 9 O c t o b e r – 2                                ***********
leadr2000@mcigroup.com                               November 2000, Sheraton Hotel,
                                                     Buenos Aires, Argentina.                                          Association email Directory
International Bar Association 2000
C o n f e r e n c e , 1 7 - 2 2 S e p t e m b e r,   The main themes of the Congress will be                         Accounts Department
Amsterdam, the Netherlands. The IBA                  ‘Law and Justice in the Context of New                             accounts@nswbar.asn.au
2000 Conference will attract legal                   Technologies’, ‘Competing International
                                                                                                                     Sickness & Accidents Inquiries
practitioners from around the world to               Jurisdictions in the field of International
                                                     Crimes’ and ‘New Regulations, Public                               sickacc@nswbar.asn.au
participate in working sessions on 120
topics. Information about the conference,            Services and the role of the State in a                         Membership Inquiries
together with an online registration facility,       globalised world’. A conference brochure
                                                     and registration form will be kept at
can be obtained from the IBA web site at
                                                     Reception. Information may be obtained                          Executive Director
www.ibanet.org A hard copy of the
                                                     from the UIA web site at www.uianet.org                            executivedirector@nswbar.asn.au
preliminary programme, together with a
                                                     or by contacting them at 25 Rue Du Jour,
registration form, will be kept at Reception.                                                                        Education Department
                                                     75001 Paris, France, ph: ++33 1 4488 5566,
The Commonwealth Magistrates’ and                    fax: ++33 1 4488 5577 or via email:                                education@nswbar.asn.au
Judges’ Association 12 th Triennial                  uiacentre@wanadoo.fr                                            Legal Assistance Scheme
Conference, 10-15 September 2000,
Edinburgh, Scotland.                                                                                                    legalassist@nswbar.asn.au

A Conference booking form, providing
information about registration fees,
accommodation and local sightseeing, will
                                                              Correction                                             Library
                                                     In the June edition of Bar Brief, an article                    Professional Affairs Department
be kept at Reception. Information about              on page 12 referred to ‘The Hon. Chief                             pcd@nswbar.asn.au
the conference programme may be                      Justice Pearlman’. It should have read ‘ The
obtained from the Commonwealth                       Hon. Mahla Pearlman AM, Chief Judge of                          Media Inquiries
Magistrates’ and Judges’ Association,                the NSW Land and Environment Court’.                               mediainquiries@nswbar.asn.au
Uganda House, 58-59 Trafalgar Square,                The error is regretted.

Page 16 – BAR BRIEF July 2000                                                                                     Make www.nswbar.asn.au your home page.

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