BAQ Annual Conference
The Bar Association of Queensland will hold its Annual Conference from 4-6 March 2011 at the Sheraton Mirage, Gold Coast. The theme of the 2011 Conference is “Life & The Law – Challenges, Critique and Camaraderie!”
Information about registration and other CPD events can be accessed here.
We are not first year law students!
Judicial pique was raised in the High Court by a carefully constructed argument presented by Counsel.
The recent exchange has been transcribed below for our Members’ consideration.
COUNSEL: I will take your Honours to that in due course. The only other case I needed to mention to your Honours on the constitutional aspect is Hogan v Australian Crime Commission (2010) 240 CLR 651. The only matter I wish to remind your Honours of in that case is the passage at paragraph 31 where, in the context of section 50 of the Federal Court Act which refers to:
prejudice to the administration of justice and necessity to prevent prejudice to the security of the Commonwealth —
as being required before a suppression order is made, the Court makes the fairly clear proposition that:
It is insufficient that the making or continuation of an order under s 50 appears to the Federal Court to be convenient, reasonable or sensible, or to serve some notion of the public interest, still less that, as the result of some “balancing exercise”, the order appears to have one or more those characteristics.
Now, that is in the context of discussing section 50 and it is not specifically in the context of discussing its constitutionality, but it is of relevance in showing the limits imposed by section 50 which we submit are what make it a valid provision unlike the provisions before the Court here.
In relation to open justice generally we will have a document which is being printed at the moment which sets out a list of judicial and non-judicial statements about the importance of open justice. It is, of course, something which has a very long history. We have even found reference to it in the Old Testament in the Book of Judges, Chapter 4:4 where one of the judges, Deborah, sat under a palm tree and administered justice, apparently openly. There is also a reference to it in the Book of Ruth, which I will not take your Honours to, at the end of the book.
It is a very longstanding principle of justice and one of the best statements is a statement made by Mirabeau in 1790 in the context of the French Revolution where he made this statement — and I am reading a translation because my pronunciation — your Honours might have trouble if I were to attempt to read it in the original French — but what he said was:
Give me whatever judge you will — partial, corrupt, my enemy even, if you must; these things will trouble me little, so long as what he does, he is only able to do it in the face of the public.
That is an enormously powerful statement. Jeremy Bentham in 1843 said:
Publicity is the very soul of justice. It is the keenest spirit to exertion and the surest of all guards against improbity.
GUMMOW J: We know all these things, Mr …. We are not first year law students.
“Health Law in Australia” Book Launch
“Health Law in Australia” was launched by The Hon. Michael Kirby AC CMG at QUT’s Gardens Point campus on the 1st of December.
Edited by Ben White, Fiona McDonald and Lindy Wilmott, “Health Law in Australia” has been a collaborative effort, with contributions from leading academics from QUT’s Health Law Research Program, and around the country, in their fields of expertise.
We look forward to reviewing this text in the new year.
Return to work assist
Amendments to the Workers’ Compensation and Rehabilitation Act 2003 (the Act) regarding a worker’s obligation to mitigate their loss came into effect from 1 July 2010.
Section 267 of the Act has been amended to provide that a worker must satisfactorily participate in any return to work program or suitable duties arranged by Q-COMP.
Return to work assist is a free Q-COMP initiative aimed at helping injured workers whose compensation claims are nearing completion, or are completed, and who don’t have a job to return to.
Requests for a copy of a Return to work assist file should be made as follows:
- S572 of the Act — a worker (or their solicitor) can apply for a copy of their Return to work assist file by sending a written request to Q-COMP. Written requests from a worker’s solicitor should be accompanied by a signed authority from the worker.
- S573(3A) of the Act — Q-COMP may, if asked by an insurer, disclose to the insurer any information it has that is relevant to a claim against the insurer. Requests should be made in writing and should include the claim number.
Requests for information from a Return to work assist file should be sent to legalservices@qcomp.com.au
Practice Direction No.1 of 2010
Chief Federal Magistrate John Pascoe AO CVO issued Practice Direction No. 1 of 2010 on 9 August. The practice direction relates to the robing of counsel in the Court. Both the practice direction and information on robing and court etiquette are available at the Federal Magistrates Court’s website – http://www.fmc.gov.au/services/html/court_etiquette.html
The following robing requirements for counsel apply in all jurisdictions from 6 September 2010:
- Barristers will robe in final hearings for all judgments, trials and contested hearings in which oral evidence is to be adduced. Barristers will robe wherever the Court is sitting (including all circuit locations).
- Barristers should not robe in duty matters or for interim or interlocutory applications (unless such applications form part of a trial or a contested hearing in which oral evidence is to be adduced).
- Barristers will robe for ceremonial sittings.
- Wigs, full-bottomed or otherwise, are not worn on any occasion.
TC Beirne School of Law – Current Legal Issues Seminar 2010
Current Legal Issues is a series of seminars which commenced last 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.
Call for presenters – the 2011 Queensland Law Society professional development calendar
The Queensland Law Society’s professional development team, in collaboration with the Law Society’s Sections and Committees, are now planning a range of conferences, seminars and interactive workshops for 2011, including our flagship program for March, the 49th Annual Symposium.
Expressions of interest are sought to present on substantive topics (across a range of practice areas and levels of experience) and additionally, the suite of core subjects for solicitors, including practical legal ethics, professional skills and practice management/business skills.
To express your interest in presenting, please email a current CV, a 100-word description of your nominated topic, plus preferred presentation format to the Manager of Professional Development, Holly Bretherton, (h.bretherton@qls.com.au), or alternatively, give Holly a call to discuss on (07) 3842 5905.
The Australian Bar Association Conference – Berlin – 3 to 6 July 2011
Expressions of interest are now being taken for the Australia Bar Association Conference to be held in Berlin between 3 July and 6 July 2011.
The Conference will commence in Berlin on the evening of Sunday, 3 July 2011 and conclude with a Gala Dinner on Wednesday, 6 July 2011. The Business sessions will be held at the Adlon Hotel.
The names of those interested will be placed on a Priority List to receive a registration brochure prior to any general mailout. Please send your full contact details to Dan O’Connor at the email address below or by facsimile.
Questions about registration?
Contact Dan O’Connor, ABA Conference Secretariat, Tel: (07) 3238 5100, Fax: (07) 3236 1180, Email mail@austbar.asn.au
Questions about travel?
Contact Ruth Carlton, World Travel Professionals, Tel: (07) 3220 2008, Fax: (07) 3220 2288, Email ruth.carlton@worldtravel.com.au
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 members 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
