Report on Council Business

Council Meeting — 18 February 2008 1. The President reported on his activities including:

• 29 January 2008 — Attended meeting of the Council of the Australian Bar Association. Tom Bathurst QC appointed President. Stewart SC appointed Treasurer. ABA unanimously resolved to reaffirm its support for the sole practice rule — our Rule 85(c) in the face of a submission by a solicitor who professed to practice as a barrister to have the rule repealed.
• 29 January 2008 — Attended Canberra for bows dinner, for new Silks in High Court and subsequent dinner.
• 30 January 2008 — Spoke at swearing in of Honourable Justice Fraser.
• 1 February 2008 — Spoke at Valediction of Honourable G N Williams.
• 5 February 2008 — Attended welcome to Honourable Dr Bruce McPherson and Mr Steve Karas as members of the AAT.
• 5-17 February 2008 — Attended the Association’s Annual Conference on the Gold Coast.

2.  The Honorary Secretary reported on a draft protocol negotiated with the Queensland Law Society. The Council is to consider the protocol with a view to resolving on adopting it at the next Council meeting.

3.  Doyle SC and Douglas SC to investigate a protocol for advice to members when being briefed by interstate (at least east coast) solicitors.

4.  The Chief Executive reported that there were 960 members of the Association, including interstate members. There is ensuing work by a sub-committee headed by the Vice President, Byrne QC, and Davis SC, on legal aid criminal fees. It was resolved that the President would call, promptly, a meeting of sub-five year call, and other interested barristers, practising criminal law, to canvass views as to improvements, particularly given the tendency, generated by fee structures, for solicitors to undertake lower level criminal work but to brief high in the Bar once the matter advanced.

5.  Byrne QC addressed the meeting in respect of the response of the Association to the proposed amendments to the Criminal Code pertaining to official corruption. Commentary to be forwarded to the Minister. Bar Association investigation of complaints about barristers to Legal Service Commission canvassed. Applications received by legal practitioners to undertake part-time investigative employment for Bar Association upon such investigations. Stewart SC and Byrne QC reported as to the extensive work load for BAQ entailed in such investigations.

6.  Michael Amerena proposed amendments to the Constitution pertaining to members over 10 years having to guarantee places upon the Council election, together with cognate amendments.

Other Matters Arising Since 18 February Meeting

7.  The President has been conferring with the Chief Justice, the Legal Services Commissioner and the President of the Law Society concerning proposed amendments to the Practice Direction for hearing of matters before the Legal Services Tribunal.