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Sir Frederick Jordan's Brushes With THE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2017 barTHE JOURNAL OFnews THE NSW BAR ASSOCIATION | SUMMER 2017 news HE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2017 HE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2017 T bar CHILDCARE FOR NSW BAR ASSOCIATION MEMBERS NSW Bar Association families have guaranteed access to dedicated permanent, casual or emergency childcare places at Castlereagh Street Little Steps Early Learning Centre Early Learning Centre 9 CASTLEREAGH STREET, SYDNEY 1 BLIGH STREET, SYDNEY Sir Frederick Jordan’s brushes with ‘degenerate art’ Both centres have been assessed as ‘Exceeding’ the National Quality Standard, and offer families dedicated educators, access to back-up care Three ministers and a court and a complete service that includes all formula, meals and nappies. Chambers staff are also eligible to access care under this arrangement. Sexual harassment: conduct that crosses the line For further information, please contact Guardian’s friendly enrolments team on: 1300 025 007 or at [email protected] PLUS The 2017 Sir Maurice Byers Lecture guardian.edu.au CONTENTS THE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2017 BAR NEWS EDITORIAL 2 EDITOR’S NOTE COMMITTEE 3 PRESIDENT’S COLUMN Ingmar Taylor SC (chair) Anthony Cheshire SC Dominic Villa 8 NEWS Christopher Withers IBA Sydney 2017 Open Chambers Evening Nicolas Kirby Bar Practice Course 02/2017 Daniel Klineberg Catherine Gleeson Bench and Bar Lunches Victoria Brigden Distinguished Gentlemen’s Ride Caroline Dobraszczyk Talitha Fishburn 13 OPINION Juliet Curtin Three ministers and a court Radhika Withana David Robertson Kevin Tang 15 RECENT DEVELOPMENTS Alexander Edwards Charles Gregory 25 ADDRESSES Bar Association staff member: 2017 Maurice Byers Lecture Chris Winslow ISSN 0817-0002 33 FEATURES Whistleblower protection Views expressed by contributors to Bar News are not necessarily Vicarious trauma those of the New South Wales Bar Association. 37 COMMITTEE ROUNDUP New Barristers Committee Contributions are welcome and should be addressed to the editor: Ingmar Taylor SC 38 PRACTICE Greenway Chambers Crossing the line: behaviour that gets barristers into trouble L10 99 Elizabeth Street Cancellation fees Sydney 2000 DX 165 Sydney Equitable briefing Contributions may be subject to 47 TECHNOLOGY editing prior to publication, at the Innovation and technology and the New South Wales Bar discretion of the editor. The paperless barrister: no longer an oxymoron Cover: Portrait of Ann Bernard, by Mary Edwards. Photo: New South 49 LEGAL HISTORY Wales Bar Association. Sir Frederick Jordan’s brushes with ‘degenerate art’ The strange resignation of a chief justice - Lord Trevethin The Star Chamber 61 BOOKS Bar News is published under a 75 APPOINTMENTS Creative Commons ‘free advertising’ license. You are free to share, copy 78 BAR SPORTS and redistribute the material in any Sports Law Conference and the Tri-state series medium or format. You must give appropriate credit, provide a link to the license and indicate if changes 81 ADVOCATUS were made. You may do so in any reasonable manner, but not in any 82 BULLFRY way that suggests the licensor Bullfry and the onus of proof endorses you or your use. You may not use the material for commercial purposes. If you remix, transform or 83 THE FURIES build upon the material, you may not distribute the modified material. 84 PERSONALIA The Journal of the NSW Bar Association [2017] (Summer) Bar News 1 EDITOR’S NOTE We are pleased to publish the full text of who, unlike us, had made the brave decision Chief Justice James Allsop’s brilliant 2017 Sir to go straight to the bar. It was a Friday af- Maurice Byers Lecture. In thoughtful and ternoon, and as we gathered in her tiny room beautiful prose, Justice Allsop examines the to celebrate her new career we were unex- concept of what it means for the law to reflect pectedly joined by a much older member of human values, by reference to a wide variety her new floor. He had heard some noise and of areas of law. wandered to the doorway. He looked around Arthur Moses has written an excellent pres- and announced to no-one in particular in ident’s column examining the importance a booming and slurred voice ‘Geez, you’ve of adequate representation for defendants got big tits, haven’t you?’. Finding that his in criminal proceedings, and the impact of amusing repartee was not engendering the inadequate funding of legal aid in NSW. usual positive reaction, he wandered off. My Bar News was first published in the winter Other legal analysis includes an article of colleague left the bar within 18 months. of 1985, edited by Ruth McColl. Its advent great practical value by Mark Brabazon, the It is hardly Harvey Weinstein territory, but as was welcomed by then president, Murray chair of the Bar Association’s Costs Commit- the article by Kate Eastman, Sophie Callan Gleeson, in a column titled ‘What the Bar tee, which examines when cancellation fees and Aditi Rao records, conduct like that, Needs’. He commenced by noting a plan to can be charged, and replace the carpet in the Bar Common Room when perhaps they and went on: should not. Anthony Cheshire There is reason to believe that funds returns to consider for such lavish expenditure will soon again when criticism be available. However, the answer to of the judiciary all our problems does not seem to lie amounts to contempt, in interior decoration. If, however, an in a fascinating exami- appeal is directed to the mind rather nation what happened than to the senses we may achieve a when three federal result. That is the idea of this publi- government ministers cation. described the Victori- It is hoped it will provide, on a dif- an Court of Appeal as ferent level, some of the facilities of ‘divorced from reality’ the Common Room: a medium for and ‘hard-left activist scandalous information; an occasion judges’. of privilege for defamation; and a It is important to forum for ideas about the Bar. look back at how the bar has changed, for What the Bar needs is a good free worse and for better. journal. The people who have par- In this edition there ticipated in this enterprise are to be is a wonderfully enter- congratulated. Its success could be taining piece by Keith important to us all. Mason that examines the intersection of art Under Ruth McColl’s long-standing editor- and the bar, princi- ship Bar News was indeed a great success, pally between 1935 becoming the journal of record of the NSW and 1949 when Sir Bar, by the NSW Bar. Frederick Jordan was Its reputation was burnished and enhanced chief justice (nick- by its subsequent editors (in order) Justin named ‘Frigidaire Gleeson, Andrew Bell and most recently Freddie’, he was said Jeremy Stoljar. Under their leadership Bar to give his wife a cold News established itself as one of the great whenever he got into bed). The article reveals and worse, has been consistently reported at institutions of the bar. how views that are now rightly regarded as the New South Wales Bar. Their excellent As the incoming editor I intend to carry on repugnant were, at the very least, tolerated by piece, subtitled ‘… the bar cannot be the last where the previous editors left off, encourag- leading members of society. bastion where sexual harassment and assault ing legal writing and analysis of the highest Kate Eastman, Sophie Callan and Aditi Rao is countenanced in the workplace’, examines order. I also want to return Bar News to its examine another form of ugly conduct at the consequences for the bar generally, and roots, with a renewed focus on the current the bar, in their thoughtful article on sexual perpetrators in particular, of engaging in acts state of the New South Wales Bar and its harassment. of sexual harassment. increasingly diverse membership. As the Each of us can no doubt recount observing or An important aspect of Bar News is to pub- journal of record for the NSW Bar, Bar News experiencing sexual misconduct at work – for lish pieces that depict current life at the NSW should record what the bar was, what it is, many it involves witnessing conduct directed Bar, in good times and bad. In this edition and perhaps most importantly as a forum of at a woman in our presence. you will find two pieces by Kylie Nomchong ideas, what it can be. I recall my first meeting with a member of that record both ends of that spectrum. There As this is the summer edition, there is a the New South Wales Bar. It was 1989. I was is a short note that records the long-standing focus on some great reading to enjoy over the one of a number of College of Law classmates successful bench and bar lunches that Kylie holidays, including some fascinating book who had gathered at the end of the course has organised for many years. There is also reviews and excerpts from two recent books. to congratulate one of our fellow graduates a serious piece that discusses the concept 2 [2017] (Summer) Bar News The Journal of the NSW Bar Association EDITOR’S NOTE of ‘vicarious trauma’, which occurs when tion: our servant not our master’ in which elegantly, amusingly or poignantly (or better barristers in the course of their practice are he said: ‘there is room for justifiable fears still, all three) drop me a line. At its essence exposed to trauma suffered by others. Kylie that the day-to-day administration, and even Bar News should be the home of brilliant discusses ways that barristers can deal with more importantly the development, of the writing, and while one might not discern this the feelings of hopelessness and despair that law may be crushed under too great a weight from the content of some of our submissions, can be experienced after doing such work.
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