2010 Bar Dinner
The Annual Bar Dinner will be held on Friday, 10 September 2010 at the Brisbane Club.
Members should note that the change was necessary for a number of reasons, in particular, the proximity of the Bar Dinner to the recent Keane Dinner and the commencement of school holidays, both of which would have significantly impacted on those able to attend the event.
Subject to the timing of the High Court sittings, it is anticipated that the Dinner will return to its traditional timing in 2011.
Senior Counsel Consultative Group
The Bar Council, on the President’s nomination, has appointed the following members to the Senior Counsel Consultative Group for 2010:
Philip Morrison QC Christopher Hughes S.C.
Donald Fraser QC Roger Derrington S.C.
Anthony Glynn S.C. Michael Kent S.C.
The balance of the group is made up by the Vice-President, Roger Traves S.C., and the President, Richard Douglas S.C..
Further information in relation to 2010 applications for the rank of Senior Counsel, under the Senior Counsel protocol, will be published in due course.
Greening Justice
In an article by Aaron Cook which appears on the ABC website entitled ‘Environment in the Dock’, we learn that Australia is leading global debate and action on the best ways to achieve justice on environmental matters. A report commissioned by The Access Initiative , an international organisation that promotes access to justice, is referred to in the article and, in that report, the Queensland Planning and Environment Court is lauded as a “trailblazing institution.” To view the article, CLICK HERE.
Five Cakes
The following exchange occurred during the course of argument in the High Court of Australia in Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited.
CRENNAN J: Justice Byrne (Vic SC) never made any finding like that.
MR ARCHIBALD: No. It was not put to Jones and Reynolds at all. Justice Byrne made no finding about it. If there is a classic case where there should be put to a witness it is a proposition that is that you created a dishonest document, but there was not a breath of that before the trial judge, not argued before the trial judge, not argued before the Court of Appeal, as I understand it at least, something that emerged in Justice Ashley’s own analysis and reasoning, and then picked up in this Court. I am not sure who is deceived, perhaps it is the superiors of Jones and Reynolds within BMW, but it is not at all apparent why it is a misleading document, because the – – –
HEYDON J: If you keep on like this, Mr Archibald, I am going to say something that might hurt people. I would not linger on this document if I were you; it does not reflect any credit on the authors.
MR ARCHIBALD: Significant criticism can be made of most documents and most material in this case, your Honour.
HEYDON J: Can we turn to something fundamental? Would you like to go to some fundamental submission?
MR ARCHIBALD: No, I am not. I am very tempted just to say it is all there, no more, but – – –
FRENCH CJ: Oscar Wilde once said the best way of dealing with temptation is to yield to it.
MR ARCHIBALD: But not to excess. I am perhaps seeking a bit of insurance for my own purposes.
FRENCH CJ: We have your written submission. I am just concerned that we are not detained on, as I said before, primary fact-finding issues.
MR ARCHIBALD: No, and I do not want to be impertinent enough to say to this Court is there anything else the Court wants to hear me on?
FRENCH CJ: No. I once said something like that to a very experienced judge in the Supreme Court of Western Australia who replied that you cannot treat a judge like a cake and prick him with a knitting needle to see if he is done. It does not work here either.
MR ARCHIBALD: No, seven cakes. I am sorry, five cakes today. I leave those points. I should perhaps touch briefly on the final ground, the notice of contention ground. We submit that the trial judge was right in concluding that the contract, if any, established in October had been “abandoned”. That was his Honour’s language in paragraph 56, page 766, line 12. His Honour held, as the Court was taken to this morning in paragraph 70, that the “loan was terminated”. My friend criticised that but that finding by his Honour was preceded by further findings of evidence in paragraph 45 at page 762, line 30, speaking of the conversation between Jones and Merton his Honour said:
http://www.austlii.edu.au/au/other/HCATrans/2010/94.html
TC Beirne School of Law – Current Legal Issues Seminar 2010
Current Legal Issues is a series of seminars which commenced lat year. The series seeks to bring together leading scholars, practitioners and members of the Judiciary in Queensland and from abroad, with a view to:
⢠providing a forum for the critical analysis and discussion of current legal issues;
⢠bringing to bear upon those issues the different perspectives offered by leading members of the Academy, profession and Judiciary;
⢠forging stronger links between academic and practising lawyers in Queensland.
Each seminar will comprise a chair, speaker, and commentator. The chair will introduce the speaker and commentator. A paper will then be presented by a leading practising or academic lawyer, and will be subject to a brief, expert commentary. Subsequent debate and contributions from the floor will be facilitated by the chair. Seminar papers will be available in advance at www.law.uq.edu.au/current-legal-issues-series, a website hosted by the University of Queensland.
15 July 2010: “The Meaning of ‘Market’ in the Trade Practices Act 1974 (Cth)”
Speaker: Mr Glenn Owbridge, Australian Government Solicitor Brisbane
Commentator: Professor Stephen Corones, Queensland University of Technology
Chair: The Hon. Justice Andrew Greenwood, Federal Court of Australia
9 September 2010: “Aspects of the law of damages”
Speaker:Professor Sarah Derrington, University of Queensland
Commentator: Mr G.A. Thompson S.C.
Chair: The Hon. Justice Richard Chesterman RFD, Court of Appeal
14 October 2010: “Sentencing in the context of a sentencing advisory council”
Speaker: Professor Arie Freiburg AM, Monash University
Commentator: The Hon. Chief Justice Paul de Jersey AC, Chief Justice of Queensland
Chair: Mr Anthony Moynihan S.C., Director of Public Prosecutions, Queensland
Best Interests of the Child Research
Practitioners working in Family law and Children’s law contexts are invited to participate in a national survey of legal and social science practitioners’ opinions of issues relating to ‘best interests of the child’. This Charles Sturt University study involves an on-line survey and results will be analysed in relation to Australian legislation. Responses are anonymous.
A large response from practitioners in each state and territory will ensure the results are as representative as possible.
The survey is available at https://www.surveymonkey.com/s/bicstudy
For further information contact Antoinette Harmer on 02 6125 2525 or bicstudy.harmer@gmail.com
QPILCH 2010 Public Interest Address
The Honourable Patrick Keane, Chief Justice of the Federal Court of Australia delivered the Queensland Public Interest Law Clearing House Incorporated’s Public Interest Address which took place at the Long Room, Customs House, Brisbane on 16 June 2010. Click here for a copy of the address.
College of Law – Expressions of Interest – Casual Lecturers
The College of Law Queensland is seeking expressions of interest from legal practitioners who wish to join a pool of casual lecturers to assist the College deliver its Practical Legal Training course.
CASUAL LECTURER ROLES
A casual Lecturer may be engaged for any one or more of three roles:
1. Online Lecturer
⢠Mentoring/tutoring students during the online phases of the College’s course by providing students with feedback on their submitted work.
2. Workshop Lecturer (“face to face” teaching):
⢠Conducting professional skills workshops.
⢠Marking and providing feedback on students’ performance assessments.
3. Assessor/marker
⢠Marking and providing feedback on written examinations.
For more information, CLICK HERE.
The 25th Annual Calabro SV Consulting Family Law Residential – 13 and 14 August 2010
This year’s conference will focus on current trends in family law and feature separate streams for children’s and property issues as well as solicitor advocates and counsel.
Following an opening address by the Honourable Robert McClelland MP, Commonwealth Attorney-General, there will be a panel discussion on research perspectives on the 2006 Family Law Act amendments, facilitated by Lisa Backhouse, journalist, Channel Nine.
Don Fraser QC, barrister and ethics counsellor, Queensland Bar, and Alexandra Moles, senior associate, HopgoodGanim Lawyers, will take you through the legal and ethical considerations involved with clients who access their former partner’s accounts and records (including emails and facebook) without permission.
Other Residential speakers include:
⢠Judge Dale Clarkson, Family Court of New Zealand
⢠The Honourable Justice Jennifer Boland, Family Court of Australia (Sydney)
⢠Federal Magistrate Keith Slack, Federal Magistrates Court of Australia (Brisbane)
For more information, visit www.qls.com.au
Access to Justice and Pro Bono Conference – 27 & 28 August 2010
The 3rd national Access to Justice and Pro Bono conference will take place in Brisbane on 27 and 28 August 2010. This conference will bring together lawyers, policy makers, academics and law students and will cover key issues in the area of access to justice including the case for funding the legal assistance sector, identification of gaps in legal need and improving coordination across the sector.
Sessions will be in four streams, criminal justice, pro bono, civil and family law, and topics will include:
- Legal Aid funding — why is it important to the criminal justice system?
- Achieving focus and depth — building unique and innovative pro-bono models
- Issues arising from the Moynihan review of the civil and criminal justice system in Queensland and the Law Reform Commission proposals
- Barriers to criminal justice for Aboriginal and Torres Strait Islander people
- Pro bono in the Asia Pacific region
- Child protection
- Coordinating the legal response to natural disasters
The conference will feature many prominent local, national and international speakers such as:
- The Hon Robert McClelland, Commonwealth Attorney-General
- Glenn Ferguson, President, Law Council of Australia
- Esther Lardent, President and Chief Executive Officer, US Pro Bono Institute
For more information and to register, please visit www.a2j10.com.au
Voiceless 2010 Animal Law Lecture Series
Joyce Tischler, Co-founder and General Counsel for the US Animal Legal Defense Fund, is the guest speaker at the fourth Voiceless Animal Lecture Series which will take place at various venues across Australia in August 2010. Ms Tischler will be speaking at three events in Queensland, including a legal professional seminar at Allens Arthur Robinson, (where Graeme Page SC will deliver a guest lecture), and lectures at Griffith and Bond Law Schools.
Voiceless is an independent non-profit think tank dedicated to alleviating the suffering of animals in Australia.
For further details please visit http://www.voiceless.org.au/lecture
5th ABA Residential Advanced Trial Advocacy Course – 17 to 21 January 2011
Registration for the fifth ABA Residential Advanced Trial Advocacy Course to be held in Melbourne from 17 to 21 January 2011 is now open. Places in the course are limited to people with seniority of at least two years at the private Bar. The coaching faculty will comprise top senior Australian and international barristers, judges and performance coaches. The course provides an opportunity for barristers to develop their advocacy skills by preparing a case and experimenting with a number of styles of performance to see which is the most effective for that advocate on that occasion.
For more information please contact Chris D’Aeth, ph. (02) 9229 1712 or email cdaeth@nswbar.asn.au.
17th Commonwealth Law Conference, Hyderabad, India – 5-9 February 2011
The 17th Commonwealth Law Conference ‘Emerging Economies & the Rule of Law – Opportunities and Challenges’ will take place at Hyderabad, India, from 5 to 9 February 2011.
The Commonwealth Law Conference (CLC) is a prestigious event that brings together legal practitioners from all over the Commonwealth to debate current issues affecting practice and the profession, exchange views and experiences with colleagues and get up to date with the latest commercial products and services.
Programme streams will focus on:
⢠Human Rights & The Rule of Law
⢠Corporate & Commercial Law
⢠Legal & Judicial Profession
⢠Contemporary Legal Topics
For more information, visit www.commonwealthlaw2011.org
