Print Post Approved PP255003/06075
Issue No. 20/2008 31 October 2008
COUNCIL ELECTIONS 2008/09
At the Society’s AGM on Thursday 18 September 2008 it was
announced that Mr Rod Barnett (Rod J Barnett & Associates) had
been elected President of the ACT Law Society for 2008-09.
Other members of the newly elected Council are:
Vice Presidents: Mr Athol Opas (DEEWR) and Mr Brian Hatch
(Pamela Coward Higgins Lawyers)
Secretary: Ms Louise Vardanega (Australian Government
Treasurer: Mr Bill Coombes (Pamela Coward Higgins
Councillors: Ms Kay Barralet (Mazengarb Barralet Family
Lawyers), Mr Ben Biddington (J S O’Connor
28 November 2008. Up until that date deposits and wholesale
Harris & Co.), Commander Ian Campbell RAN
funding eligible for the guarantee arrangements will be
(Department of Defence), Mr Chris Donohue
guaranteed without charge. After that date deposits over
(Donohue & Co), Mr Martin Hockridge
the $1 million threshold and wholesale funding will only be
(ACT Legal Aid Office), Mr Don Malcolmson
guaranteed if an application has made to the RBA by eligible
(Don Malcolmson), Mr Matt O’Brien (ACT Legal
ADI’s and the relevant fee has been paid.
Aid Office), Mr Paul Robertson (Moray &
Agnew), Ms Amber Sullivan (Australian MEMBERS’ ADVISERS
Government Solicitor), Mr Paul Vane-Tempest At the Council meeting held on 18 February 2008, it was
(Blake Dawson). Mr Greg Walker remains agreed to expand the Members’ Advisers panel from 4
Immediate Past President. to 6 members. Following Mr James Gralton‘s resignation
from the panel, a further vacancy was created with the
appointment of Mr Ken Cush as a Special Magistrate in early
Since an amendment to the Society’s Constitution in 2004,
October 2008. Following notices in Hearsay calling for
the Council has appointed a 7th member of the Executive
expressions of interest, Council has appointed Ms Christine
Committee. The purpose of the policy is to expose other
Harvey and Ms Jennifer Saunders as Members’ Advisers.
Councillors to the responsibilities of administering the day-to-
Other Member Advisers are Mr Col Blain, Mr Paul Armarego,
day operations of the Law Society and to bring a mixture of new
Mr Goeff Mazengarb, and Mr Peter Smyth.
blood and experience to the task. Since 2007, Martin Hockridge
The role of Members’ Advisers is to give advice and assistance
(Legal Aid Office) has been the Council-appointed Executive
to other solicitors in responding to complaints from members
of the public.
At its first meeting (20 October 2008) following the recent
Council elections, Council appointed Ms Kay Barralet APPOINTMENT OF MEDIATOR
(Mazengarb Barralet Family Lawyers) to be the 7th Executive The Supreme Court of the Australian Capital Territory has
member. We welcome Ms Barralet to the new challenge and advised that, pursuant to rule 1177 of the Court Procedures Rules
thank Mr Hockridge, who remains on the Council, for his 2006, Mr Robert Clynes has been appointed as a mediator.
significant contribution over the past year. The appointment is initially for the period commencing 17
October 2008 and ending on 28 January 2009 and is subject
DEPOSIT AND WHOLESALE FUNDING GUARANTEES
to the appointee being registered as a mediator under the
The Society has received a number of enquiries concerning
Mediation Act 1997 (ACT).
funds, especially trust accounts, which total over $1 million. It
is not possible to give members categoric advice at this stage, ROAD TRANSPORT (THIRD PARTY INSURANCE)
if ever, as the Commonwealth Government’s policy is being AMENDMENT ACT
refined and the administrative procedures of the eligible The Road Transport (Third Party Insurance) Amendment Act
ADI’s (Authorised Deposit-taking Institutions, e.g banks) are commenced on 1 October 2008. Members should be aware
as yet unknown. Meanwhile, the Law Institute of Victoria is that there are new forms which are available from the ACT
researching the issue on behalf of all law societies and the Legislation register at www.legislation.act.gov.au or from the
Law Council of Australia. The LIV is in contact with all relevant Society’s website under ‘Member Services’.
government departments and regulatory authorities. Please VALE GEORGE STOTT BILBIE
note that the guarantee scheme is scheduled to commence on Australia’s oldest practising solicitor has died at the age of 100.
Hearsay 20/2008 - 31 October 2008
Mr George S. Bilbie was a practising solicitor in Newcastle up skills, experience and particular areas of expertise, by email
until his death. Mr Bilbie was admitted as a solicitor in 1938. Our (in Word format) to, email@example.com or addressed to
condolences to Mr Bilbie’s family and friends. Ms Julie Dennett, Secretary, Senate Standing Committee for the
FEDERAL MAGISTRATES COURT AMENDMENT Scrutiny of Bills, PO Box 6100, Parliament House, Canberra, ACT
RULES 2008 2600.
Federal Magistrates have agreed to miscellaneous amendments Potential applicants are encouraged to contact the Committee
to the Federal Magistrates Court Rules 2001. The amendments Secretariat on (02) 6277 3050 for further information.
are contained in the Federal Magistrate Court Amendment Rules PRE-ARRAIGNMENT CONFERENCE (PAC)
2008. The Rules and Explanatory Statement are available at The Supreme Court has advised that in circumstances where a
www.comlaw.gov.au. matter is awaiting a reserved decision or some other event
LEGAL SERVICES DIRECTIONS 2005 beyond the parties’ control, before progressing to the point
The Commonwealth Attorney-General has approved an of setting a trial date, and the parties agree to an adjournment
amendment to the Legal Services Directions 2005 effective of the pre arraignment conference (PAC), one party may, no
Monday 3 November 2008. later than 24 hours before the PAC is set, send an email to
New paragraph 10A of the Directions requires FMA agencies the Registrar of the Supreme Court, copying the other party
(Agencies prescribed under the Financial Management and into the email, requesting an adjournment of the PAC. The
Accountability Act 1997) to provide a copy of a request for Registrar may then grant the adjournment by return email and
legal advice on a constitutional law issue to the Secretary advise the parties of the new date. The Registrar’s email address
of the Attorney-General’s Department. It also requires the is firstname.lastname@example.org.
Australian Government Solicitor to give a copy of any final advice HAVELOCK HOUSING ASSOCIATION BOARD
it gives on a constitutional law issue to the Attorney-General’s Havelock Housing Association is calling for expressions of
Department and to the Solicitor-General. interest from members to serve as invitee positions on the
A copy of the amending instrument can be found at http:// Board for 2008/2009. To register your interest please contact
www.ag.gov.au/www/agd/agd.nsf/Page/LegalservicestoGov- Nicholas Spence by no later than Friday 14 November
ernment_Legalservicesdirections. 2008 by email email@example.com or phone 6257 2277.
SUPREME COURT SCALE OF COSTS For more information about Havelock Housing Association,
Following a Law Society submission to the ACT Supreme Court, please visit their website at www.havelock.asn.au.
drafted by Mr Ron Travers (Travers & Co./ Legal Cost), the PETER NYGH HAGUE CONFERENCE INTERNSHIP
Supreme Court has agreed to our proposal to increase the scale The Peter Nygh Hague Conference Internship is now open
of costs, with effect from 1 October 2008. for applications, to be accepted through to 30 January
A copy of the amended costs can be found on the Court’s 2009. This award enables a young lawyer to undertake an
website at http://www.courts.act.gov.au/supreme/content/leg- internship at the 2009 Hague Conference on International Pri-
islation.asp?textonly=no, then select ‘Court Procedure Rules 2006 vate Law in the Netherlands.
- Schedule 4 Costs’. This is an opportunity for a young lawyer with an interest in
LEGAL AID COMMISSION GUIDELINES UPDATE private international law to broaden their knowledge and
On 15 October 2008, the Legal Aid Commission updated understanding, and gain experience by working with some of
its Guidelines in relation to the allocation of work between the world’s leading practitioners in this field.
officers of the Commission and private legal practitioners. Further information is available at www.aiia.asn.au.
Interested people are encouraged to access the updated JOHN KOOWARTA LAW SCHOLARSHIP 2009
Guidelines through Legal Aid ACT’s website at www.legalaidact. The John Koowarta Reconciliation Law Scholarship is awarded
org.au. Any queries should be directed to Katrina Fairburn on to Aboriginal or Torres Strait Islander students enrolled in a
6243 3411. Bachelor of Laws degree. Successful applicants are awarded
ELDER LAW COMMITTEE $5,500 a year towards their studies. Applications close 30
The Society is considering reforming the Elder Law Committee November 2008.
and would like to hear from interested members who would like For more information visit www.lawcouncil.asn.au, phone
to participate on this committee. (02) 6246 3733 or email firstname.lastname@example.org.
If you are interested in joining the Elder Law Committe please NEW PRACTICE MANAGEMENT SOFTWARE
contact Jocelyn at the Society on T: 6247 5700 or email LexisNexis’ new Practice Management Software will be
email@example.com. introduced in an informal presentation to be held in the
FAMILY LAW COMMITTEE Law Society’s Conference Room on Tuesday 18 November 2008
The Family Law Committee is calling for expressions of interest The ACT Bar Association CPD
to serve as a member of this Committee. The Committee meets on
on the 3rd Tuesday of each month.
Insurance Protection for Barristers
If you are interested in joining the Family Law Committee
please contact Jocelyn at the Society on T: 6247 5700 or email and the Legal Profession
Speakers: Peter Steele (Medico Legal Insurance Group)
EXPRESSIONS OF INTEREST FOR LEGAL ADVISER Ross Noye (Wilson HTM)
The Standing Committee for the Scrutiny of Bills is seeking
Venue: Red Belly Black
expressions of interest for the appointment of Legal Adviser to
Date: 12 November 2008 at 5pm - 6.30pm
the Committee. The current Legal Adviser, Emeritus Professor
(approved for 1.5 CPD points)
Jim Davis, has advised the Committee of his intention to retire
from that position at the end of 2008.
Cost: $35 members and $45 for non-members
Expressions of interest should be submitted by COB Thursday 6 Please RSVP to Ms Svetlana Todoroski on 6257 1437
November 2008, including a CV and a brief outline of relevant
Hearsay 20/2008 -31 October 2008
at 5.30pm - 7pm. The presentation will demonstrate LexisNexis’ PRACTICE CHANGES
new practice management solution designed specifically for Andrew Herring wishes to advise that he has resigned from
small law firms with less than 10 users. The presentation will be Baker Deane & Nutt, Lawyers effective 31 October 2008.
followed by a question and answer session and the opportunity From 3 November 2008 he will be practising as Herring &
to network over drinks and canapés. Associates ~ Lawyers at 2/21 - 25 Monaro Street, (PO Box 2255),
Please RSVP by Thursday 13 November 2008 to Yvette at the Queanbeyan. He can be contacted on 0412 984 985.
Society by email firstname.lastname@example.org or phone David Thornton Gray would like to advise that he has
(02) 6247 5700. This presentation is free of charge to members. commenced practise on his own account and can be contacted
ACCESS TO JUSTICE & PRO BONO CONFERENCE on 0448 615 633. The firm is located at 11/60 Marcus Clarke
There are only two weeks left to the National Access to Justice Street, Canberra, postal address is GPO Box 182 Canberra City
and Pro Bono Conference, 13 – 15 November 2008, Sydney. 2601, T: 6243 3632 F: 6343 5143 E: email@example.com.
The Early Bird rates of $380 for non Community Legal Centre Darryl Perkins wishes to advise that effective 11 October 2008,
organisations are now available throughout the entire his partnership with Jennifer Saunders has ended. His firm
delegate booking period. For more information please visit name will revert to Darryl Perkins Solicitor.
www.a2j08.com.au or contact Robbie McWilliams at the Law PASSAGE OF LAWS BY THE ACT LEGISLATIVE ASSEMBLY
Council of Australia on (02) 6246 3788. Statutory Notices are also available on the ACT Legislation
LAWYERS RUGBY WORLD CUP 2009 Register, an electronic register of Acts and Statutory
The 2009 Lawyers Rugby World Cup will be played in Instruments, established under the Legislation Act 2001. The
Edinburgh, Scotland, from 6 - 8 May 2009. Expressions of interest Register is available at www.legislation.act.gov.au
are being sought from teams wishing to play by no later than 31 Notifiable Instruments
December 2008. • Corrections Management Policy 2008 (NI2008-461, NI2008-
For more information please visit www.lawscot.or.uk/rugby. 465, NI2008-486)
MISSING WILLS • Corrections Management Operating Procedure 2008
Any practitioner holding any document or having knowledge (NI2008-462, NI2008-485
of the existence of a Will or any other document purporting to • Public Sector Management Standards Appointment
embody the testamentary intentions of: Declaration 2008 (No 1) NI2008-491
GEOFFREY HAROLD HUNTER late of 39 Catchpole Street, • Public Sector Management (Children and Young People)
Macquarie who died on 14 September 2008. Please contact Delegation Revocation 2008 (No 1) NI2008-496
James Gralton of Slater & Gordon on T: 6257 1922, GPO Box 162, SUPREME COURT JUDGMENTS
Canberra ACT 2601, (DX 5657, Canberra). The Society receives from the Judges and the Master of the
SOTIRIOS BOUTZIOS (also known as SAM BOUTZIOS) late of 9 Supreme Court copies of their judgments. Copies are also available
Palmer Close, Queanbeyan in New South Wales, who died on at www.courts.act.gov.au/supreme.
7 August 2008. Please contact Tracey Mylecharane of Kamy FROST v BANKSTOWN WILEY PARK MOTOR CYCLE CLUB INC. & ORS
Saeedi Lawyers, GPO Box 487, Canberra ACT, 2601.  ACTSC 104 (10 October 2008)
T: 02 6230 6600 F: 02 6230 0955 Courts and Judicial System – jurisdiction – cross-vesting legislation –
application to transfer proceedings to Supreme Court of New South
LAW COUNCIL CORNER Wales – whether transfer in the interests of justice
• The Senate Standing Committee on Legal and TIGCHELAAR v IYENGAR  ACTSC 111 (8 October 2008)
Constitutional Affairs’ Report has recommended the Appeal – Small Claims Court – appeal following the grant of leave
establishment of an Independent Reviewer of Australia’s – transfer of proceedings to Magistrates Court – failure to consider
terrorism laws. fairness of transfer – error of law.
• The Report of the Northern Territory Emergency Response Practice and Procedure – pleading – discretion to order counterclaim
Review Board recommends that Government actions be heard separately from claim.
affecting Aboriginal communities in the Northern R v GRIFFITH  ACTSC 84 (1 October 2008)
Territory must conform to the Racial Discrimination Act. Criminal Law – determination of whether accused likely to become
• The Australian Young Lawyers Committee acknowledges fit to plead – to be determined on balance of probabilities.
and congratulates the achievements of young lawyers with LUKATELA v BIRCH  ACTSC 99 (30 September 2008)
the Australian Young Lawyer Awards. Nominations are Criminal Law – sentencing – Crown appeal against sentence by
now open and will close at 4pm on Friday 7 November Magistrates Court – power to interfere with discretionary judgment
2008. For more information contact Hendryk Flaegel on
– whether nine concurrent sentences of suspended term of impris-
6246 3788 or email hendryk.ﬂaegel@lawcouncil.asn.au.
onment manifestly inadequate in sense of unreasonable or plainly
• Nominations are now open for the 2009 John Koowarta
unjust – whether sentence otherwise in error because sentence
Scholarship. The scholarship is open to Aboriginal or Torres
Strait Islander students enrolled in a Bachelor of Laws failed to apply totality principle correctly or at all, made an error
degrees. For more information contact www.lawcouncil.asn. of fact, took into account an irrelevant matter or failed to take into
au/koowarta.html or email firstname.lastname@example.org. account a relevant one
• The Ofﬁce Bearers of the Federal Litigation Section as Criminal Law – aims of sentencing – individual deterrence – gen-
of 17 October, has changed to: eral deterrence – treatment of persons in custody by police officer
• Chairman: Mr Simon Daley, Australian Government – inappropriate use by police officer of capsicum foam – public
Solicitor interest in observance of due process by law enforcement au-
• Deputy Chairman: Mr Chris Cunningham, Simmons thorities – abuse of position of trust – consideration of mitigating
Wolfhagen circumstances – whether immediate full-time term of imprison-
• Treasurer: Dr Gary Rumble, DLA Phillips Fox ment was warranted because no other sentence would achieve the
• The latest edition of Fortnightly Federal Inquiries is aim of sentencing
available on the Council’s website. Criminal Law – nature of appeal under Div 3.10.2 of Magistrates
More information on these and other issues can be found on the Court Act 1930 (ACT) – whether appeal by way of rehearing in sense
LCA website at www.lawcouncil.asn.au. of new trial or whether appellant must demonstrate that order
Hearsay 20/2008 - 31 October 2008
appealed from is result of legal, factual or discretionary error SYMONS PHILLIPS
Criminal Law – sentencing – totality principle – sentencing for LAWYERS
multiple offences –magistrate failed to consider each offence COMMERCIAL PROPERTY LAWYER
individually – magistrate failed to consider totality principle We are a specialist property, commercial and estate
Held: Sentences manifestly inadequate – magistrate failed to give planning law ﬁrm.
adequate weight to offences as unprovoked attacks by police
We have a great opportunity for a motivated commercial/
officer which called for significant general deterrence – magistrate
property lawyer with approx 3-5 yrs experience, looking
erred by failing to consider or apply principle of sentencing for
for an opportunity to develop in a team environment.
multiple offences – appeal under Div 3.10.2 of the Magistrates
Please forward your CV to:
Court Act 1930 (ACT) by way of rehearing is not a new trial or com-
The Practice Manager, PO Box 3098,
pletely fresh hearing
Manuka, ACT 2603
Words and Phrases – “manifestly inadequate”
CONFERENCES AND SEMINARS email@example.com
New entries are indicated by a *
Family Relationship Services Australia Conference - 5 - 7 “Ofﬁce space For Rent- premium location”
November, Cairns W: www.frsa.org.au 2 professional and brand new ofﬁces plus
*Fast Track Arbitration - 6 November, 5.30pm - 9pm, National secretarial space for rent in a premium location.
Library of Australia T: 6282 2222 E: firstname.lastname@example.org Space to be shared with a busy Law Firm. The
‘The In-house jigsaw: pulling the pieces together’ - ACLA area is about 50sqm. Recently renovated, close
National Conference - 6 - 7 November, Sydney Hilton Hotel to Courts and mayor Government Departments.
W: www.acla.com.au Contact us 6248 9188.
Overview of Insolvency Law - 7 November, UTS Law,
Haymarket T: 02 9514 3085 E: email@example.com Michael C Scott
Assessment Course - 7 - 8 November, Melbourne ACN 079 510 964
“IPO - The day before to the Day after” - 12 - 15 November, Rio
Legal Locum & Costing Service
Costing - Bills of Costs; Assessments;
De Janeiro W: www.aija.org E: firstname.lastname@example.org
National Access to Justice and Pro Bono Conference-14-15 Nov
Objections; Valuation of WIP
E: email@example.com W: www.a2j08.com.au Contact Michael Scott on 0412 593 284
T: 6246 3715 Email: firstname.lastname@example.org
Labour Law under a Labor Government: A New Balance in the Suite 201, Bentley Suite, Dominion Circuit,
Workplace - 14 - 15 November, Melbourne T: 03 9905 1344 Forrest, ACT 2603
W: www.ALLA2008.org E: email@example.com
Greek Legal & Medical Conference - 15 November, Melbourne
W: www.greekconference.com.au T: 03 9690 2033
E: firstname.lastname@example.org Insolvency Expertise
Introduction to Commercial Agreements - 18 November, The Voluntary Administration, Court appointed liquidators, Receiverships, Bankruptcy,
University of Western Australia W: www.cmenrl.law.uwa.edu.au Part X appointments, Financial investigations, Solvency Assessments & Forensic
T: 08 6488 2995
Commercial Aspects of Resource Development for Oil and Frank Lo Pilato FCA Jonathon Colbran CA IPA Mitchell Herrett CA IPA
Partner Manager Manager
Gas Agreements - 21 November, The University of Western email@example.com firstname.lastname@example.org email@example.com
Australia W: www.cmenrl.law.uwa.edu.au T: 08 6488 2995
Level 1 Collaborative Practice - 21 - 22 Nov, UTS, Haymarket Level 1, 103-105 Northbourne Avenue, Canberra ACT 2601
T: (02) 6247 5988 F: (02) 6262 8633
E: firstname.lastname@example.org W: www.law.uts.edu.au T: 9514 3085 www.rsmi.com.au
Our busy law ﬁrm is looking for a solicitor with at least twelve Looking for a DX Address?
(12) months experience.
Attractive work conditions and salary package. www.dxmail.com.au
Please fax your resume to 6248 9936.
For further information contact Ms Karen Fogarty on 6248 0499. DX has rela unched its website, including a new
‘Online Directory’ and DX Tracking tool!!
Sublet or share your premises with us
Forensic accounting ﬁrm Vincents is opening a Canberra
ofﬁce. We are looking for premises to share or sublet. If
you have any spare space or are looking to move in the Two clowns go for a push bike ride. After a few kilometres
next quarter, please contact directors Ian McKinnon or one gets off and lets his tyres down. ‘What did you do that
Peter Haley on 1300 766 563. for?’
Ideal space: 10-30 sqm ‘My legs are too short to reach the pedals!’
Required approx.: ideally January 2009, but ﬂexible The second clown gets a spanner and turns his bike seat
Contact: Ian McKinnon or Peter Haley on 1300 766 563 around. ‘If your going to muck around, ‘I’m going home.’
The Law Society of the Australian Capital Territory
PO Box 1562, Canberra ACT 2601 or DX 5623, Canberra Phone: (02) 6247 5700 Fax: (02) 6247 3754
Email: email@example.com Website: http://www.actlawsociety.asn.au