Swearing-in of the Honourable Justice Chesterman RFD – 17 December 2008
The Attorney-General and Minister for Justice, the Honourable Kerry Shine MP, has announced that the Honourable Justice Richard Chesterman RFD has been appointed to the bench of the Appeal Division of the Supreme Court of Queensland. His Honour will be sworn-in immediately prior to the Exchange of Christmas Greetings (red robes will be worn) on Wednesday, 17 December 2008 at 9.15 am.
Appointment of Federal Magistrate
The Hon Robert McClelland MP, Attorney-General has announced the appointment of Josephine Willis as a Federal Magistrate based in Cairns. Ms Willis’ appointment will commence in January 2009 and members will be advised of the details of the swearing-in ceremony when they become available.
The Power of Positivist Thinking: The Rashomon Effect Explained …
“There is a nice dispute between Mrs M and the deed administrator about costs.
In their respective submissions each side takes the position that he or she was substantially successful in the application. Mrs M claims success on the basis that the deed administrator was unable to establish that she was a party to the improper purpose that motivated her late husband to get rid of TEAC’s assets. Yet, she failed in her attempt to keep from inspection all her documents that would otherwise be protected by legal professional privilege. For his part, the deed administrator contends that he was largely successful. His argument is that he won at least in a practical sense because he got his hands on most of the documents over which privilege had been claimed.
The parties’ approach seems to be an example of the so-called Rashomon effect, after Akira Kurosawa’s Rashomon (1950): see e.g. W D Roth and J D Mehta, “The Rashomon Effect: Combining Positivist and Interpretivist Approaches in the Analysis of Contested Events” (2002) 31 Sociological Methods & Research 131. That is, the parties are engaging in what sociologists describe as an interpretivist approach to an event (in this case litigation), in which they do not seek an objective truth but instead unravel the meaning of what has occurred through their version of the truth as shaped by their understanding and perception of the world.
Under our legal system a judge is required to adopt a positivist approach and search for a true explanation of an event, an explanation which can be tested by some scientific or intellectual standard. (I say nothing about the capacity of a judge to meet that standard). Applying the positivist standard, I am compelled to the conclusion that each party has had both a measure of success and a measure of failure. So it is only fair that each party should bear his and her own costs.”
In the Matter of ACN 005 408 462 Pty Ltd (formerly TEAC Australia Pty Ltd) (No 2) [2008] FCA 1184 (8 August 2008); per Finkelstein J.
Legal Practitioners Services Survey 2008
Members are encouraged to participate in a Legal Practitioner Services survey of tax related issues. The survey is being conducted by Market Solutions for the Australian Taxation Office. The intent of the ATO’s research is to better understand legal practitioners’ interactions within the tax and super systems of behalf of their clients, as well as to gauge interest and opinion to potential tailored products and new services. Participation in the survey is anonymous and voluntary. It will close at 5.00 pm on 15 December 2008. The following link will take members to the survey on Market Solutions’ website: http://203.24.73.234/cgi-bin/LPS_Survey08.htm
Please contact Danielle Jenner if any problems are experienced accessing the survey on (03) 9372 8400.
Criminal Code and Other Acts Amendment Act 2008
On 23 October 2008 the Criminal Code and Other Acts Amendment Act 2008 (the Act) received assent. The Act commenced upon proclamation which took place on 1 December 2008. The Act can be accessed on the Office of the Queensland Parliamentary Council (OQPC) website at www.legislation.qld.gov.au/OQPChome.htm
Legal Practice Direction No.3 of 2008
To download a copy of Legal Practice Direction No.3 of 2008 – Discipline Applications: Filing of Submissions, CLICK HERE.
Christmas Quiz
Which Judge of the Family Court of Australia displayed a not inconsiderable amount of indignation when another Judge’s associate offered to book a Commonwealth car to ferry His Honour to the court Christmas party to be held on the following evening?
His Honour was apparently offended by what he believed was an implication inherent in the associate’s offer to the effect that he was incapable of making a simple booking without assistance.
Amongst other things, His Honour exclaimed, ‘Unlike your Judge, I am perfectly capable of making my own Comcar bookings, and I intend to do so’.
Hearsay understands that the offended Judge then booked a Comcar for ‘6.45’ , a time he had calculated would see him at the Christmas party in time for its commencememnet at 7.00 pm.
At precisely 6.45 the next morning, the Comcar arrived at His Honour’s residence. The driver waited for a respectful 10 minutes but, when there was no appearance, he decided to knock on His Honour’s door. A further 10 minutes elapsed without any response, and so the driver understandably became very concerned.
In accordance with court security procedures, the driver radioed his concerns to home base, which immediately put the Marshall of the Family Court on a ‘Safety Alert’. Once that occurred, no time was wasted assembling the resources necessary to mount a search for the (once) indignant Judge.
Launch of Human Trafficking Website – TC Beirne School of Law and The University of British Columbia
The University of Queensland’s Human Trafficking Working Group has launched a website providing background, case reports, publications and presentations on human trafficking in Australia.
The website forms part of a collaborative research project by The University of Queensland’s TC Beirne School of Law and The University of British Columbia Faculty of Law and Centre of International Relations on the phenomenon of trafficking persons, exploitation of foreign workers in the sex industry and other forms of forced labour in Australia and Canada.
A unique feature of the website is the first catalogue of human trafficking cases in Australia that have been prosecuted under federal or state laws. Each case report features a summary of the events, references to official reports, and relevant media coverage of each case.
The website will expand in the coming months, to include a ‘media watch’ site for following current news reports on human trafficking in Australia, analyses of prostitution laws in the Australian states and territories, and links to relevant domestic laws, international treaties, government agencies, and international organisations.
For further information, please visit www.law.uq.edu.au/humantrafficking or contact Dr Andreas Schloenhardt, email: a.schloenhardt@uq.edu.au or telephone 07 3365 6191 or 0438 303 442.
Lawyers Cricket Tournament – 4-9 January 2009
The Australian Lawyers Cricket Council is hosting a cricket tournament in Sydney from 4-9 January 2009.
Each state is sending at least one team to the tournament, which will be played at the University of Sydney.
The Queensland Law Society has organised a team and has called for expressions of interest from those members of the Bar who would also be keen to play.
It promises to be a very enjoyable event and a wonderful opportunity to meet and play cricket with other members of the profession.
If you are interested in playing, please contact Justin Butkowski at the Law Society on j.butkowski@qls.com.au or Chris Crawford on crawford@qldbar.asn.au
Third ABA Residential Trial Advocacy Course – 19-23 January 2009
Members are advised that registrations have opened for the Third ABA Residential Advocacy Course to be held at the Macquarie Graduate School of Management in Sydney from 19 to 23 January 2009. Further information can be obtained from Mr Chris D’Aeth on telephone 02 9229 1712 or via email cdaeth@nswbar.asn.au
BAQ Annual Conference – 6-8 March 2009
The Bar Association of Queensland’s Annual Conference will once again take place at the Sheraton Mirage, Gold Coast from 6 to 8 March 2009. Attending members will be awarded 10 CPD points in all mandatory strands. Please note that Early Bird Registration closes on 16 January 2009. For more information and to download a registration form, CLICK HERE.
Annual McPherson Law Lecture Series 2009
The T.C. Beirne School of Law will again host the Annual McPherson Law Lecture Series which will be held on 9, 11 and 12 March 2009 in the Banco Court, Supreme Court Building, Brisbane. The 2009 speaker will be Professor Sarah Worthington from the London School of Economics and Political Science. The topic of the series is Equity: Fantasy and Morals and the lectures will focus on equity in modern commercial markets. To register and for more information visit www.law.uq.edu.au/mcpherson or contact the T.C. Beirne School of Law Research Administration Office by email at research@law.uq.edu.au or ‘phone (07) 3365 2206.
ABA Conference, Strasbourg and London – 26 June to 1 July 2009
Expressions of interest are now being taken for the Australian Bar Associations Conference to be held in Strasbourg and London between 26 June and 1 July 2009. The conference will commence in Strasbourg with a full day session in the Grand Chamber of the European Court of Human Rights and will conclude with a Gala Dinner at Lincoln’s Inn, London. 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 by facsimile to (07) 3236 1180 or by email to mail@austbar.asn.au
Fulbright Symposium – US-AUS Free Trade Agreement – 24 & 25 August 2009
The economic and relationship impact of the Australia-United States Free Trade Agreement will be the focus of the Fulbright Symposium to be held in Canberra on 24 and 25 August 2009.
Organisers Dr Robert Burrell and Ms Kimberlee Weatherall from UQ’s TC Beirne School of Law said the symposium will assess the real impact of the agreement and raise debate over whether such an agreement has any economic or political relationship benefits. The symposium will cover a broad range of policy areas in the agreement including intellectual property, agriculture, television and film content and funding rules, pharmaceutical and health policy. For more information contact Teola Marsh on (07) 3365 2523 or email t.marsh@law.uq.edu.au
