From the President – Report to Members

Martin Burns S.C., Convenor and Editor 3236 4020 Philippa Ahern 3221 5233 Ralph Devlin S.C. 3236 2538 Geoff Diehm S.C. 3236 3561 Kate Greenwood 3210 0009 Patrick Van Grinsven 3221 5220 Peter Kelly 3236 0690 Michael Labone 3236 4420 Paul McQuade 3236 2822

I ask members to support Martin and the committee in ensuring the ongoing success of Hearsay. This publication, in form and content, would be the envy of any professional association. Feel free to send copy to Martin or any of the above committee members. Ring or email them with ideas and suggestions.

Martin and I are drawing up a list of chambers who will be requested to assist as host chambers for forthcoming editions. Members of a particular chambers, through the head of chambers, will know at least four to six months in advance of the time when copy need be provided for an edition of Hearsay.

Bar Council

The current Bar Council recently completed six months in office. I congratulate the Council members for their hard work in this period. As appears from what is essayed below, much has been achieved.

After election I received comments from some Association members that the Council complement was quite junior, and to some extent not well known. I have been a member of the Bar Council on and off since 1992. From my observation the membership of the current Council is as acute and industrious as any I have encountered.

Members should not hesitate to approach me, any member of the Council or the Chief Executive, Dan O’Connor, with any concerns about, or ideas to promote the Association’s affairs or activities.

The Council members and their contact details appear below:

Name Phone Email Richard DOUGLAS S.C., President 3218 0620 douglas@callinanchambers.com Roger TRAVES S.C., Vice-President 3229 6077 traves@qldbar.asn.au Michael AMERENA, Hon Secretary 3236 2505 amersec@qldbar.asn.au Dan O’GORMAN S.C., Hon Treasurer 3236 1431 dogorman@qldbar.asn.au Peter DAVIS S.C., Member of Executive 3175 4601 pdavis@qldbar.asn.au Susan BROWN 3211 0232 suebrown@qldbar.asn.au Catherine CAREW 3236 1055 carew@qldbar.asn.au Anthony COLLINS 4781 0100 acollins@rjdouglas.com.au Stephen COURTNEY 5443 9411 steve.courtney@bigpond.com Graeme CROW 4922 6602 gcrow@cqldbar.com Liam DOLLAR 3236 2131 ldollar@qldbar.asn.au Carl HEATON 3238 3280 cheaton@legalaid.qld.gov.au Sarah HOLLAND 3259 1640 sarahholland@qldbar.asn.au Dominic MURPHY 3236 2710 djmurphy@qldbar.asn.au Mark PLUNKETT 3236 1044 plunkett@qldbar.asn.au Anand SHAH 3003 0911 ashah@qldbar.asn.au Elizabeth WILSON 3175 4646 ewilson@qldbar.asn.au

Member Involvement

The Association committee system has been revamped. The new committees and their convenors were recently notified to members. Many have volunteered to serve on these committees.

While the role of the Council is to lead and direct the Association’s activities, it ought not be forgotten that we are a voluntary professional association. A member may be called upon at any time to undertake some task for the Association. I thank members for their willingness and industry in responding to my requests for assistance over the last six months. No-one has refused.

The skills of our members are well channelled through the Association. As Aristotle rehearsed “the whole is more than the sum of its parts”. In more recent times one of our revered members, Cedric Hampson QC, addressed the issue well. On his President’s page in 1997 (in his second stint as President) he wrote:

It will only be through this Association that barristers in this State can maintain an adequate level of communication with one another, preserve standards, promote matters of common interest and speak with a united voice. I urge each and every one of you to become involved in your Association and to give it your support.

I concur.

Court Security Access

Members, particularly those in Brisbane, have confronted delays shortly before court convening at 10.00 am and before 2.30 pm resumption, in making their way through (necessary) court security. Government employees, for some time, have been able to bypass that security utilising public service identification cards.

After a series of meetings had by the Chief Executive and me with the Acting Director of Courts, Ms Julie Steel, a six month trial has been agreed for a like bypass for barristers and solicitors. The trial will be confined to the Supreme and District Court complex in Brisbane.

Should the trial be successful, the arrangement will be made permanent. Further, it will be extended to all other courts in Brisbane and throughout the State, and hopefully will also allow of access to corrective services facilities.

The bypass will be facilitated by a Justice Department issued identity card which will bear the Bar Association crest. Membership of the Association will service the “fit and proper” requirement for issue. A photo will be required and the likely cost will be $10. Application will be made through the Association.

Members will be advised once the final arrangements are in place for card issue. I ask all members to do their utmost to ensure the trial is successful. No stunts please!

National Reform of the Legal Profession

The Association understands and supports the desire for a national legal profession entailing:

Simplified Uniform Legislation

National Standards

Freedom of practice across jurisdictions

Transparent consumer protection

Apart from the first, and the second to the extent of a national professional indemnity insurance minimum cover, these features exist in the present State and Territory regulation of the referral profession, namely the bar.

The proposed changes, in the Federal Attorney General’s draft, are contrary to the concept of an independent profession. The proposed National Legal Services Board must not be an arm of executive government but rather ought to be constituted and appointed predominantly by members of the profession.

The Standing Committee of Attorneys General (SCAG) should not, as they propose, appoint the majority of the Board or direct the Board or the Ombudsman on matters of policy.

Professional conduct rules must be promulgated and amended by the profession alone not vetted by SCAG. In this regard, I note the Australian Bar Association (of which our Association is a constituent member) has recently completed an update of the existing ABA model rules of conduct. This was distributed to members in February.

Any proposed new system entailing additional layers of bureaucracy will increase the cost burden on the profession and in turn the public. Furthermore, this could have the effect of reducing competition by forcing competent, albeit cost marginal practitioners out of practice, particularly in rural and regional areas.

The proposed new system of regulation of the profession (whatever form it takes) should be properly costed by SCAG and those costings made public. The present regime is proven as cost effective.

The Association supports the current co-regulatory model which, certainly in Queensland, is efficient, cost effective and transparent.

In any national system adopted:

Admission of practitioners ought be a matter solely within the control of the State and Territory Supreme Courts.

Existing regulatory bodies should continue to issue practising certificates.

Existing regulatory bodies should continue to perform functions related to discipline of legal practitioners.

Funding of the regulatory system should continue.

Professional Indemnity Insurance should be managed by the profession consistent with national standards.

The Chief Executive and I have attended numerous meetings in southern capitals (mostly on weekends and always flying economy class) on the issue. The Association will work long and hard to ensure that we maintain a strong, independent and competitive Bar.

I have briefed the Attorney General, the Hon. Cameron Dick, on the Association’s views. I left him in no doubt as to the proper outcome.

I commend to you the thoughtful remarks of the Chief Justice, The Hon. Paul de Jersey AC which can be accessed at http://www.sclqld.org.au/qjudiciary/profiles/pdejersey/publications/. The Chief Justice has been an influential contributor to the debate.

Redevelopment of the Ground Floor Inns of Court

Planning is well advanced to relocate the Bar Office to the area previously occupied by the ABC Child Care Centre on the ground floor of the Inns of Court. The owner of the Inns, Barristers Chambers Ltd, has been most accommodating on this issue. I thank them for that.

A good deal of work, planning and thought is going into the move to ensure that we maximise use of space. For example, the Association will harbour a dedicated teaching area for the provision of our CPD, a more user friendly Common Room and flexible office space. In planning and fitting-out, getting value for money is uppermost in our mind.

The completion date for fitting-out is scheduled for early November.

Jim Murdoch S.C., the chairman of the board of Barristers Services Pty Ltd and the Chief Executive, Dan O’Connor, have well managed this task.

Murdoch S.C. and the board members deserve our thanks for their work in stewarding the commercial activities of the Association. The members consists of:

Jim MURDOCH S.C. (Chairperson) 3236 2743 Madeline BRENNAN 3236 0000 Douglas CAMPBELL S.C. 3236 2598 Karen CARMODY 3236 1203 Dan O’GORMAN S.C. (Hon Sec) 3236 1431 Patrick O’SHEA S.C. 3221 5278 Gavin (Sandy) THOMPSON S.C. 3259 1666

Judicial Appointments

There have been a number of judicial appointments made in the last six months.

All appointments have been on merit and after full and extensive consultation by the Attorney General with (inter alia) me as President of the Association.

I have made it clear, on a number of occasions, that I will not shrink from publicly identifying any plainly unmeritorious appointment. The Government and any prospective appointee ought be alive to this.

The appointments have been:

Justice White to the Court of Appeal.

Justice Boddice to the Supreme Court.

District Court Judges Dorney QC, Jones, Harrison and Reid.

Magistrates Bentley, Press and Duroux.

Land Court members Cochrane and Isdale (full-time members) and Keim S.C. and Dalton S.C. (part-time members).

In addition, of course, there was the deserved appointment of Keane CJ to the Federal Court. Such appointment occurred under the federal consultation protocol.

Bar Dinners

On 29 April I was delighted to host a dinner at the Queensland Art Gallery to honour the appointment of the Hon. Patrick Keane as Chief Justice of the Federal Court of Australia. Over 140 members attended.

As I noted at the dinner:

… the Queensland legal profession, despite the views of some of our southern colleagues, has intelligent, cool-headed, courageous and sensitive leaders and role models in the ranks of our judiciary and our bar. People who truly lead, bringing the profession with them, and with alacrity. One who wears that mantle well is Justice Patrick Keane.

The dinner was a great collegiate occasion characterised by excellent speeches including the toast by Robert Gotterson QC, a former President and the Chief Justice’s former chamber colleague and long standing friend. Chief Justice Keane’s response was thoughtful and stimulating.

The Chief Justice has kindly agreed to make his speech available. It is reproduced in this edition of Hearsay.

The Bar Dinner will be held on Friday 10 September at the Brisbane Club. Next year it will again coincide with the Brisbane sittings of the High Court. Chief Justice French is giving consideration to my request to bring forward the sittings away from school holidays.

Ethics Counsellors

A number of senior counsel were appointed as ethics counsellors to assist members with ethical issues as they arise. That often occurs with some urgency. The measure has proved a success, with significant take up by members. I am indebted to the following persons for agreeing to serve in this role:

Name Phone John BAULCH S.C. 4721 0155 Michael BYRNE QC 3210 1787 Peter CALLAGHAN S.C. 3221 1522 Ken FLEMING QC 3210 0464 Don FRASER QC 3236 3127 John GALLAGHER QC 3236 2812 Tony GLYNN S.C. 3229 0745 Danny GORE QC 3236 2634 Bob GOTTERSON QC 3229 2005 Lister HARRISON QC 3236 2766 Jim HENRY S.C. 4050 2424 Michael KENT S.C. 3236 3125 Kathryn McMILLAN S.C. 3211 3929 David NORTH S.C. 3229 1753 Andrew PHILP S.C. 40502444 Walter SOFRONOFF QC SG 3221 7823 Michael STEWART S.C. 3259 1600 David TAIT S.C. 3236 3017

The above list also appears on the Association website.

Due to demand, I have recently augmented the list with Gallagher QC, Fleming QC, Glynn S.C., Tait S.C. Philp S.C. and McMillan S.C.. The list will vary over time to share the burden across the senior bar.

Remember that the counsellors are not there to solve a barrister’s ethical problem, but rather to help him or her in doing so. Assistance and advice, not absolution!

Moynihan Amendments

The Moynihan amendments to criminal and civil procedure are likely to be enacted and commence by 1 September 2010.

The Association made extensive submissions to the State Government apropos that proposed legislation. On the criminal side, those submissions, in part, were highly critical of the policy being adopted, yet constructive given the policy adoption was political in character.

The Bar Council’s attitude is that we should make plain to Government our views, but if a policy is to be implemented then it is best to be part of the solution. To that end we attempt, sensibly and objectively, to ameliorate the sharper points involved by providing commentary on matters of substance and drafting.

The submissions of the Association on the criminal side (two in number) and the civil side are available to members on request to the Chief Executive.

Submissions

A raft of other submissions in respect of legislation have been furnished to Government.

Some of those submissions concerned the changes to the Workers’ Compensation Legislation. They were distributed to members recently. It is fair to say that, except for the adoption of retrospective operation of amendments to the Workplace Health and Safety Act 1995, the Association’s submissions are largely reflected in the legislation.

Recently the Association made a submission to the Crown Solicitor concerning the civil fees paid to barristers. These have not altered since 1997! The submission also was distributed to members.

Professional Conduct Committee

The Professional Conduct Committee, under the Chairmanship of the Vice President Roger Traves S.C., undertakes at the behest of the Legal Services Commissioner John Briton investigation of complaints against barristers.

Two matters are worth noting. First, the number of complaints against barristers has diminished significantly over the last two years. That is a tribute to members. Second, the investigations are well up to date. That is a tribute to the members of the committee.

The committee members are:

Roger TRAVES S.C., Chairman Robert BAIN QC Madeline BRENNAN Michael BYRNE QC Andrew CROWE S.C. Adrian DUFFY Brad FARR S.C. Paul FAVELL Sandy HORNEMAN-WREN S.C. David JACKSON QC Alan MacSPORRAN S.C. Kathryn McMILLAN S.C.

I thank these members for their diligence.

All reports and recommendations as to charges approved by the Committee are submitted to the Bar Council for consideration and approval before remitting to the Commissioner. On occasions Council has disagreed (respectfully) with the report and remitted the same to the Committee for further consideration on some particular issue or issues.

Thanks are also due to the work of our director of professional conduct, Ms Lee Cross, who manages the day to day business of the committee’s work.

Pupillage Rules

These have been amended recently by the Council. A copy was distributed recently.

Bar entry exams are a distinct prospect in the not too distant future.

Continuing Professional Development

CPD has continued to be one of the success stories of the Bar. The standard of CPD presentations is a credit to the members who volunteer to present on these occasions.

Our CPD employees, Ms Helene Breene and Ms Celeste Baker, afford us a smorgasbord of topics. My great thanks to them. Any member with an idea for a future CPD seminar ought contact Helene (Ph: 3238 5107) or Celeste (Ph: 3238 5109).

Our member Dominic O’Sullivan organises the University of Queensland/BAQ lecture series. We have had some outstanding contributions this year. The recent lecture “Causation in the TP Act” delivered by Liam Kelly SC was a treat. I have already quoted from it extensively in recent court submissions. I thank Dominic for his work in this regard.

The annual Bar Conference in March was a great success. Over 400 of our members attended. The standard of presentation this year was generally acknowledged as first class. I thank the Judiciary and Barrister members for their contribution and participation.

The organising committee for next year’s conference are already hard at work. They are Justice Martin, Justice Logan RFD, David Jackson QC, Geoff Diehm S.C., Anand Shah, Dan O’Connor, Helene Breene and Celeste Baker.

Australian Women Lawyers Conference

The Third Australian Women Lawyers National Conference will be held in Brisbane between 6-8 August 2010.

The Association, together with the Australian Bar Association, is a Silver Sponsor of the event.

The Conference program recognises the unique challenges within the profession for women, and the importance of their presence in creating a balanced profession. The conference will address a broad range of practice areas including corporate, commercial, family and administrative law as well as issues relevant to practice management, recruitment and retention.

The conference has attracted a distinguished panel of speakers which include the Governor-General, the Chief Justice of Queensland, the President of the Court of Appeal, the Chief Justice of the Family Court and the Hon. Jane Matthews AO of the NSW Supreme Court.

Further information about the Conference can be obtained at http://www.lexisnexis.com.au/pd/conference.aspx?id=217

Third National Access to Justice and Pro Bono Conference 2010

The Third National Access to Justice and Pro Bono Conference 2010 will be held in Brisbane between 27-28 August 2010.

At a time when Legal Aid is at disgracefully low levels, such conference is timely. The Association has pressed the State Attorney General heavily on the issue. The Federal Attorney General has also been pressed through the Law Council and Australian Bar Association.

At such conference on 27 August 2010 I am to chair a debate “Access to justice: a vision for the future” between the Federal Attorney General the Hon Robert McClelland MP and the Shadow Attorney General, Senator George Brandis S.C. (a member of our Association). Given the forthcoming election, that debate is timely. I encourage members to attend.

A number or other distinguished speakers will present at the conference.

Further information about the event can be obtained at www.qls.com.au.

Mullenjaiwakka Trust

At the Annual Conference held at the Gold Coast in 2009, the Association’s Indigenous Barristers’ Trust (The Mullenjaiwakka Trust) was launched by the Hon. Paul de Jersey AC, Chief Justice of Queensland, with the aim of providing material support to students from indigenous backgrounds to undertake legal studies and to pursue a career at the Bar.

The naming of the Trust in honour of barrister Mullenjaiwakka (formally Lloyd McDermott) is a frank acknowledgement by the Queensland Bar of his work and example in furthering opportunities for Aboriginal and Torres Strait Islander people.

The trust deed has been finalised and the necessary formalities are being negotiated with the ATO to secure charitable status so that donations made to the trust will be tax deductible.

The Association will keep members posted on this issue.

Database and Website

The Chief Executive has been working with the Association’s IT and Web advisers to undertake a significant upgrade of the Association’s database and public website.

Many of the enhancements to the system may not be readily noticeable to members but they will give the Association the ability to incorporate, among other things, enhanced detail within the “Find a Barrister” tab including a photograph of each member.

The public website will see a significant enhancement, both in terms of the presentation and usability of the site for members, solicitors and the public.

BarCare

The Association is committed to maintaining the mental and physical health of members.      The BarCare scheme is a BAQ initiative designed to address the stress inured by modern professional life by promoting awareness, tolerance and education together with affording counseling for those members (private bar, employed and judicial) who require such help.

Carefully selected psychologists, prepared to assist confidentially, are identified on the Association website. If any member is concerned about confidentiality please contact me.

The BarCare committee is headed by James Bell QC. My thanks to James and his committee for their efforts in revamping BarCare in the last six months. 

Staff

On behalf of members I thank all BAQ staff for their hard work. They are a dedicated unit.

Holidays

I wish members a safe and enjoyable mid-year vacation break and a propitious (legal) new year.

Richard Douglas S.C.