FEATURE ARTICLE -
CPD Papers, Issue 55: April 2012
Sentencing Advisory Council Seminar: Penal populism revisited: the citizen as judge in the Netherlands
All over the world people tend to criticise criminal judges for being too lenient. However, what would happen if citizens were asked to decide a sentence instead?
Find out what Dutch citizens had to say when asked to choose between imprisonment, community service orders, fines and reparation of damages.
Speaker: Henk Elffers, Senior Researcher, Netherlands Institute for the Study of Crime and Law Enforcement, Amsterdam
Date: Friday, 4 May 2012
Time: 12:00-1.00 pm
Venue: Palladium Room, Level 25 State Law Building, 50 Ann St, Brisbane
Cost: Free
RSVP: by Monday 30 April 2012 to email vivien.jones@justice.qld.gov.au or phone 3405 9773
CPD Accreditation: 1 CPD point per hour, Non allocated strand.
2012 Equity Intensive
Date: Tuesday 22 May 2012
Time: 5.00pm — 6.00pm
Venue: Gibbs Room, Bar Association of Queensland
Presenter: Adam Pomerenke
Chair: John McKenna S.C.
Cost: Complimentary for Bar Association Members
$59.00 (incl. GST) Non-members
RSVP: Essential by Thursday 17 May 2012
Please email cpd@qldbar.asn.au
Accreditation details: BAQ1412, 1 CPD point, Non allocated strand
Junior Bar Criminal Advocacy Course
Junior barristers are invited to attend this practical advocacy skills course.
Course objectives include:
- Hone your preparation and case analysis skills
- Refine written and oral advocacy skills
- Gain greater insights into criminal law practice under the guidance of experienced coaches
- The program will focus on issues arising in the criminal jurisdiction.
Course format:
Mini lectures, role plays, small and large group discussions, opportunities to practise a variety of oral advocacy skills and receive feedback and reviews from experienced counsel and members of the judiciary.
Program:
The program will be conducted over two sessions:
Part I: Workshop session
Date: Thursday 3 May 2012
Time: 5.00pm-7.00pm
Venue: Gibbs Room, Ground Floor Inns of Court, 107 North Quay.
Part 2: Mock hearings
Date: Saturday 19 May 2012
Time: 9.00am-4.00pm
Venue: Brisbane Magistrates Court, 363 George St, Brisbane.
The Saturday course activities will allow participants to simulate their training experiences in actual court rooms.
We are indebted to the Court for their assistance with the program and providing their facilities. Given the commitment of the volunteer coaching faculty and the limited number of places available those who receive a place on the course must be committed to attending both sessions.
CPD Points:
Attendance at all sessions will accrue 10 CPD points including Ethics and Advocacy Strands.
Attendance at the entire course will accrue your total CPD requirements for the 2012/2013CPD year
Course code: JBAC01
Coaches:
The course coordinators are His Honour Judge Long, District court of Queensland and David Kent who will be assisted by a coaching faculty drawn from senior barristers and members of the judiciary. Coaches include Alan MacSporran S.C., Michael Byrne S.C., Liz Wilson S.C., Craig Chowdhury, Paul Smith, Andrew Hoare and Glen Cash.
Registration Fee:
Covers all course materials, refreshments and lunch. The course registration fee will be required in full by Tuesday 3 April 2012. No refunds or partial refunds will be available however substitutions may be allowed.
Download the registration form here.
Current Legal Issues – Seminar Series 2012
Session 1 An action for (serious) invasions of privacy
Date: Thursday 7 June 2012
Venue: Banco Court, Supreme Court of Queensland, George Street, Brisbane
Speaker: Professor Barbara McDonald, University of Sydney
Commentator: Patrick McCafferty, Barrister-at-Law
Chair: The Hon Justice Applegarth, Supreme Court of Queensland
Overview: Prompted by scandals more from abroad than at home, Australia may be on the cusp of adopting a statutory action for invasions of privacy. Many questions arise, with such an action having potentially wide-ranging ramifications, some beneficial, some not so, for the media and for individual citizens. Can these ramifications be confined by the drafting process? What advantages, other than speed, would a statutory action have over the incremental development of the common law? Can a statutory action more easily resolve the difficult balancing process that must always arise between rights to privacy and the public interest in freedom of speech, both in interlocutory relief and final orders? How does protection of privacy as an interest or right compare with the protection our law provides in other contexts, such as freedom from personal injury or damage to reputation? Depending on the progress of statutory reform at the time, this paper will consider the state of actual and proposed protection from invasions of privacy in Australia, with reference to typical situations, and include comparative perspectives from other jurisdictions grappling with similar issues.
Session 2 Pure economic loss: the problem of timing
Date: Thursday 13 September 2012
Venue: Banco Court, New Supreme and District Courthouse, George Street, Brisbane
Speaker: Lord Walker of Gestingthorpe
Commentator: The Hon Chief Justice Keane, Federal Court of Australia
Chair: The Hon Chief Justice Warren AC, Supreme Court of Victoria
Overview: The session will deal with the difficulty of deciding when the cause of action arises in claims for pure economic loss, including claims against solicitors, accountants, valuers and professional advisers. This is a topic which has arisen in Australia (notably the Wardley case in the High Court in 1992) and New Zealand, as well as in the UK. It is challenging and goes to the heart of what it means to suffer a pure financial loss.
This seminar is generously sponsored by The University of Queensland (McPherson Lecture Series) and the Bar Association of Queensland.
Session 3 New directions in how legislators, courts and legal practitioners approach unconscionable conduct and good faith
Date: Thursday 18 October 2012
Venue: Banco Court, New Supreme and District Courthouse, George Street, Brisbane
Speaker: Professor Bryan Horrigan, Monash University
Commentator: John McKenna S.C., Barrister-at-Law
Chair: The Hon Chief Justice Paul de Jersey AC, Chief Justice of Queensland
Overview: The law’s treatment of unconscionable business conduct and good faith in commercial contexts remains a controversial topic. Recent legislative reform initiatives, test case litigation, and other regulatory developments with practical implications for advice and transactions in both consumer and business dealings have occupied the attention of federal and state legislatures, courts at all levels throughout Australia, barristers’ chambers and law firm offices, and various business and industry sectors. Current debates often generate more heat than light about topics such as differentiating unconscionable conduct’s different meanings under statutory and nonstatutory law, legislatively defining ‘unconscionable conduct’ and ‘good faith’, introducing legislative principles or examples of unconscionable conduct, universalising good faith in the franchising industry and other business sectors, accommodating good faith through appropriate drafting techniques, and even regulating unconscionable conduct and bad faith under a national contract law regime. All of these major controversies will be addressed in this presentation by UQ alumnus, Professor Bryan Horrigan. Professor Horrigan has researched and published on these topics, and also advised clients and lawyers on them in his long-standing consultancy role with Allens Arthur Robinson.
Accreditation details: 1.5 CPD point per session, non-allocated strand
Access the registration form here .
Examination power — Examination in Chief and Cross Examination
Presenters: Nicholas Frost and Gabrielle Gazal
Course creators and presenters Nicholas Frost and Gabrielle Gazal have extensive experience as theatre directors, facilitators, teachers, and professional role players for the business, corporate and professional services sectors. The male-female team has worked in many varying professions and teaching environments, aiding participants with diverse personalities and learning needs. This experience enables participants to gain a high level of skills immersion in a short time, experiencing a wide range of skillsâbuilding activities. The facilitators also bring experience as Script Writers, teachers of English in crossâcultural contexts, and teachers of Negotiation.
Date: Saturday 14 July 2012
Time: 9.30am — 5.30pm
Venue: Gibbs Room, Ground Floor, Inns of Court,107 North Quay
Cost: $450 Bar Association Members, $670 Nonâmembers
RSVP: Monday 2 July 2012
CPD: BAQ0812, 7 CPD points, Advocacy strand
2012 Environmental Law Enforcement Conference
Date: 3 — 7 July 2012
Venue: Dubrovnic, Croatia
Accreditation details: RP120703, 10 CPD points, ethics and advocacy strands
Please email Ralph RPDevlin@halsburychambers.com or Peter peter.kelly@halsburychambers.com for further information
Date Claimer – Employment Law Conference
Date: 15-16 September 2012
Venue: Sheraton Mirage, Gold Coast
Accreditation details: 8.5 CPD points, ethics and advocacy strands
LEADR 5 day Mediation Workshop
Date: 9-13 October 2012 (Tuesday-Saturday inclusive)
Trainer: Professor Tania Sourdin
Venue: Brisbane CBD
CPD: 38 hours
Meets education requirements for National Accreditation
Contact: LEADR, 1800 651 650; therese@leadr.com.au; www.leadr.com.au
