From the President – Six Month Report to Members

BAQ Insurance Scheme

This scheme commenced this membership year, starting 1 July 2011. The scheme benefits are part of the bundle of rights which a member enjoys for his or her membership subscription.

Afforded at low rates, members and their families are vested with access to a life benefit and TPD (cf income protection) benefits of $250,000 respectively without prior medical examination. The “own occupation” TPD benefits require a six month disability period before triggering entitlement.

All members are encouraged to carefully read the scheme deed and specimen policy which appears on Barweb. I forwarded the same to members in August so a better informed decision can be made as to private insurance arrangements augmenting cover.

This initiative is a “first” for any like association. I commend the Bar Council for its efforts in this regard.

Ethics Counsellors

Three new ethics counsellors were appointed recently, namely Peter Ambrose S.C., Kylie Downes S.C. and me (post-presidency).

The full list of ethics counsellors is to be found on Barweb. These senior barristers located across the regions, and in private and public practice, are available to assist members.

Such counsellors are there to so assist not just with ethical issues (often at short notice), but also with general practice questions and difficulties. Confidentiality is assured. Counsellors do not report to the Bar Council.

Bar Exams

Under the statutory Administration Rules, the Association may impose Bar exams as a prerequisite for admission as a barrister. This is in addition to a candidate for admission attending and performing satisfactorily the Bar Practice Centre course.

The first set of exams was conducted in October 2011. Twenty-four candidates sat. The majority passed but, aptly, there was a relatively high pass mark set across the three subjects examined, namely practice, ethics and evidence.

In imposing this admission prerequisite the Queensland Association has followed hard on the heels of the same requirement being imposed in New South Wales and Victorian Associations. As President I was determined to not allow the larger eastern seaboard states to steal the march on bar entry “quality” issues.

I thank BPC committee members Justice John Muir, Robert Bain QC and Sue Brown S.C., together with the raft of members who assisted with setting and marking the examinations, for the successful introduction of this exam regime. Inexorably it will lead to higher standards for those seeking bar admission, and that in the public interest.

Court Fees

In August the Association mounted opposition to the government introducing sharp rises in filing fees, and the unheralded introduction of booking and hearing fees in the Supreme and District Court.

The fees introduced were among the highest in Australia. Some interstate courts do not charge any such latter fees.

The endeavours of the Association, consisting of reasoned but blunt correspondence to the Attorney General, garnered strong support from the Queensland Law Society, Queensland Council for Civil Liberties and the Australian Lawyers Alliance. Extensive favourable media and editorial commentary was attracted.

The Attorney General came out in strong criticism of the approach of the Bar Association but his endeavours, with respect, gained little traction. The Association’s position was championed by all.

Unfortunately our endeavours failed. The fees were introduced despite the Opposition moving a motion to set aside the relevant fee regulation.

I thank members for their support on this issue. Although unsuccessful, the public interest and common decency demanded we rise to action. One hopes the opposition, if in power, will redress the position.

New Association Office

August also saw the opening of the new Association office on the ground floor of the Inns of Court. Such office is 50% larger in area than the previous office.

The facilities comprise an electronically equipped CPD training room (the Gibbs Room), a similarly equipped large meeting room (the Council Chamber) and an open function room and member lounge (the de Jersey Room). There are also meeting rooms (the Brennan Room and the Feez Room), together with ample office space.

These facilities are available for the use of Association committees, and also members for any of the usual purposes. CPD will be streamed out to members out of Brisbane direct to their personal computers. Conferences with client intrastate or interstate can be booked by members.

The new facilities cost $1.2m. I am satisfied the money was well spent. Association funds ought be expended for the benefit of members.

I extend my thanks to the board of the Association’s commercial arm Barristers Services Pty Ltd, and that of our landlord Barristers Chambers Pty Ltd.

Annual Bar Dinner

The annual Bar Dinner this year was held on 23 September at the Stamford Plaza Brisbane. About 250 members attended.

The toast to the judiciary this year was delivered by Christopher Hughes S.C.. The response was delivered by Justice Richard Chesterman AO RFD.

These well received speeches were subsequently published in Hearsay. For those who were unable to attend, they are well worth the reading.

Given our burgeoning Association numbers, all attempts will be made to secure a venue which avails an even larger number of members to attend.

Fee Agreement Template

A new fee agreement template is to be found on Barweb. There is a separate template for speculative matters.

The improvements include a provision for extending liability for fees to directors of incorporated instructing solicitors.

The templates are a guide only but no doubt will be useful to members, who ought review their standard agreements.

Michael Amerena gave a useful CPD on the topic in October. This can be accessed on the Association website.

2011 Silks

The 2011 silks have been announced. They are Damian Clothier S.C., Elizabeth Wilson S.C. and Sue Brown S.C..

I congratulate each of them on their well deserved appointment. Each is a talented barrister.

An application for silk is, as it has always been, a daunting prospect for any junior barrister. My commiserations go to the unsuccessful candidates, but also I extend them my congratulations for putting themselves forward as applicants. There are many talented senior juniors at the Queensland bar.

Unsuccessful applicants who have not yet done so ought feel free to avail themselves of consultation with the President under the silk protocol.

The institution of silk is time-honoured and remains of significant utility in the public interest. I thank Chief Justice de Jersey and the courts for their continuing vital involvement in the appointment protocol.

The new silks will be welcomed at the annual exchange of Christmas Greetings on the morning of 14 December 2012. The annual Silks Dinner will be held that evening.

Continuing Professional Development

CPD remains one of the great success stories of the Bar.

Members are coming increasingly to the apt realisation that CPD is not just a matter of obtaining the requisite annual points, but is an essential tool in being a successful and prosperous professional advocate.

The range of CPD topics offered by the Association is eclectic. It extends from a raft of substantive law topics to practical topics and voice coaching. I will be conducting a 2012 CPD on what silks expect of their junior counsel.

All members are encouraged to present as well as participate. Contact Helene Breene (3238 5107) or Celeste Baker (3238 5109) if you, alone or with a colleague, have a topic you would like to present.

The Annual Bar Conference will be held again on the Gold Coast on the weekend of 3-4 March 2012. The conference theme is “Practice in the Modern Era”. The program has been distributed to members but is available in the CPD section of Barweb. Justice Susan Kiefel AC will give the keynote speech on Saturday 3 March.

More than 500 registrants and speakers are expected to attend such conference. Diarise now those dates. I extend my thanks to the conference committee, chaired by Justice John Logan RFD, for their organisational efforts.

Association Submissions to Government

Over the last six months the Association afforded the State Government with a raft of submissions in relation to various pieces of proposed legislation.

These submissions included, in early November, a submission to the Parliamentary Crime and Misconduct Committee in relation to the Criminal Organisation Amendment Bill 2011.

Previously the Association strongly opposed the enactment of the Criminal Organisation Act 2009. Members will be alive to the fact that analogous legislation interstate has fared badly in the High Court on the issue of validity.

Our argument was that existing modern policing measures were apt to address organised crime. The legislation tramples on the rights of the average honest citizen.

The submission, signed off by me on your behalf, included the following strong but apt comment:

The fundamental criticism is that the essential thrust of the legislation and amendments is indistinguishable from that of the iniquitous New South Wales and South Australian statutes which have been struck down by the High Court.

This legislation is so bad that in our view it is not hyperbole to express the view that it is redolent of the processes of a Police State.

It abrogates the principles of natural justice, makes remote hearsay and rumour and innuendo the mode of proof, confers power to enter premises and search and seize property without a warrant, reverses the onus of proof, and introduces a regime whereby the rights and liberties of certain citizens will be grossly and routinely adversely affected.

The QLS joined with the Association in such submission. We were supported by a raft of credible organisations.

Crown Fees

After submissions made 18 months ago by the Association, eventually the State Attorney General and Treasury approved a new scheme for fees paid to counsel in matters in which the Crown or one of its departments was the litigant.

The previous scheme had remained in place, unaltered in terms of rates, since 1998.

The new scheme was advised to the Association, in confidence, the day prior to the term of the current Bar Council. Essentially that scheme entails every barrister having a pre-determined rate, the rate being inclusive of GST.

In the case of senior counsel the maximum daily rate is $5,000 and junior counsel $3,000. In very exceptional cases that rate may be increased, with the consent of the Attorney General.

The scheme will not commence until 1 July 2012. The rates for individual barristers will be set before then by a process initiated by both the Crown with those it regularly briefs together with a general call for rates to be made through the Bar Association.

Members who previously acted for state departments through private solicitors will see a drop in fees but the majority will see significant fee rises. Members ought remember to charge for every scintilla of time spent at these lower than market but still substantial rates.

The Association had hoped for an even better (and proper) outcome for members akin to the WorkCover scale negotiated by the Association earlier this year. But the improvement is far better than existed. More so if regularly reviewed (the WorkCover scale is reviewed annually).

I thank members of the Bar Council who have pressed this issue so hard on behalf of members. Crown work constitutes a not insignificant portion of the civil work undertaken by the private bar.

Thanks and Merry Christmas

I thank all members for their support of the Association over this year, and in the case of my presidency over the past two years. It was an honour and privilege to serve members in that role.

Apart from the significant endeavours of the Association staff who I thank also, the work of this Association is undertaken by the voluntary efforts of its members.

We are a large organisation with a very significant reputation for objectivity and acting for the benefit of the general public and the rule of law.

Our reputation and credibility are well earned and to be treasured. These can quickly be lost.

I congratulate Roger Traves S.C. on his ascension to the presidency. We are fortunate to have someone of his calibre in the role. I also congratulate the new Vice-President Peter Davis S.C. and the new Council members. I thank the previous Council members for their service.

I wish you all a Merry (and for those who wish it, a holy) Christmas and a safe and prosperous New Year.

For those not in good health or good spirits, do not hesitate to contact the Association, or speak to one of your fellow members or call me. All of us are here to assist.

Richard Douglas S.C.