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Solicitors' the Council Until 27 October 1993 I iT rnrivews The journal of the NSWBarAssoc.iation I . Al I ^ ^ I I I I'll fiffifi, ^ ^ ^ IN 15IIGQU!/WAS • ____ (\) I ITI H • I - TE h Tfu [B _ T a r a - t..- W • www.wwffl Current Law family ... / If you can't spend too much time making sure that your information sources are up to date, then you'll love Australian Current Law. With Australian Current Law you can update any publication in your library and keep abreast of the latest developments affecting your practice. Australian Current Law - Reporter - provides you with fortnightly digests of all (not selected) superior court decisions. Legislation keeps you informed of legislative developments. And Yearbooks consolidate all this information into one convenient source. The Reporter, Legislation and Yearbooks. Together (with FastLaw) you get the fastest most extensive coverage of changes in the law. Use it alone, or with other Butterworths research titles. 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RING ANN SUTHERLAND ON (02) 221 6673 in this issue Published by: NSW Bar Association 174 Phillip Street, Sydney NSW 2000 Editor: R S McColl Bar Notes Senior Counsel for 1993 .......................................................... 2 Failure of Counsel to Make Proper • Editorial Committee: R S Angyal, S Bell, Arrangements to Attend at Court ........................................2 G D Mcllwaine, A Monahan Election of Members of the Bar Council for the Year 1994 ...............................2 I Many thanks to Margaret Morgan for her 1993 Silks Gift to the Bar Association .................................2 considerable assistance in the compilation ManyHappy Returns ...........................................................2 of this magazine. From the President .................................................................3 From the Immediate Past President ..................................... 5 Produced by: The Business Link ............................................................... 8 Lettersto the Editor Gunjulla Place, Avalon NSW 2107 Phone (02) 918 9288 "Learned in the Law" - The Transition I from Queen's Counsel to Senior Counsel ..........................9 Why Are Cases Taking Longer Nowadays? ....................... 19 Printedby:Robert Burton Printers Pty Limited 63 Carlingford Street The Spedley Mediation from the Inside ..............................23 Sefton NSW 2162 Individuality ..........................................................................30 Advertising: Of What is Past, or Passing, or To Come ........................... 31 Contact Sally Bennett on (02) 918 9288 Meaghertyrdom ......................................................................36 Cover: John Hubert Plunkett Q.C., More on the American Scene ..............................................37 one of the first members of the New South I Wales Inner Bar (by permission of the The Readers Course-February 1993 Royal Australian Historical Society), - A Reader's Perspective ...................................................38 the 1992 and 1993 Silks (photographs kindly I provided by the President of the Court of Hush or He Might Hear You ...............................................39 Appeal, Mr Justice Kirby A.C., C.M.G.) Report on Special Meeting I on Legal Education and Practical Training ....................40 Mediation and the Courts ....................................................43 Views expressed by contributors to Bar News are not necessarily those of the Bar Advocacy Institute's Workshop on Appellate Advocacy ... 47 Association of New South Wales. Restaurant Reviews ...............................................................49 I Contributions are welcome, and should be addressed to the Editor, R S McColl, Obituaries 7th floor, Wentworth Chambers, The Hon Kenneth Asprey CMG QC ...................................51 180 Philip Street, Sydney NSW 2000 Judge Donald John McCredie .............................................52 I William Wallis Caldwell QC .............................................52 Barristers wishing to join the Editorial Committee are invited to write to the Editor BookReviews .......................................................................53 I indicating the areas in which they would be interested in assisting. Motions and Mentions .........................................................57 I This Sporting Life ...............................................................58 ISSN 0817-0002 Bar Notes Senior Counsel for 1993 Members are reminded that it is essential to ensure that proper arrangements are put in place in such circumstances as On 22 November the President, John Coombs QC, has arise above. D announced the appointment of the following persons as Senior Counsel, effective 1 December 1993. Election of Members 1. Richard Ross TRACEY (Victoria) of the Bar Council for the Year 1994 2. Peter Richard DUTNEY (Queensland) 3. John Victor KAUFMAN (Victoria) The following have been elected as members of the Council 4. Margaret Anne WILSON (Queensland) 5. Henry JOLSON (Victoria) for the New South Wales Bar Association for the year 1994. 6. Anthony John MORRIS (Queensland) INNER BAR 7. Hugh Barron FRASER (Queensland) Tobias QC Donovan QC 8. Thomas Andrew GRAY (South Australia) Burbidge QC Bellanto QC 9. Shane Edward HERBERT (Queensland) Bennett QC Poulos QC 10. Ross Campbell MACAW (Victoria) Barker QC 11. Richard John STANLEY (Victoria) Hely QC 12. Michael John SWEENEY Adams QC 13. Geoffrey Alan FLICK 14. Andrew Stewart MORRISON OUTER BAR 15. Jeffrey Steven HILTON (a) Three members of less than five years standing- 16. Clive STEIRN Loukas Needham Gleeson 17. John Charles KELLY 18. Peter William TAYLOR (b) Members of any length of standing 19. Bret William WALKER Hoeben Toner 20. John Neil GALLAGHER Harrison Street 21. Steven David RARES Walker Bergin Katzmann Gormly Failure of Counsel to Make Proper McColl Arrangements to Attend at Court On 25 November 1993 the Council elected the following Recently the Bar Council dealt with a matter which Office Bearers. involved the failure of counsel to attend at Court or to make proper arrangements with his opponent to adjourn the matter. President: M H Tobias QC In this case, counsel found that he was running late on the Senior Vice President: D M J Bennett QC morning the motion was listed for hearing, he having other Junior Vice President: P G Hely QC commitments elsewhere. The counsel requested his secretary Honorary Treasurer: R J Burbidge QC to inquire who had carriage of the matter on the other side so Honorary Secretary: R S McColl that he could ask for indulgence. The secretary was unable to ascertain that information and at the barrister's request contacted the Judge's Associate to ask that the matter be held in the list for 45 minutes. It is not known whether that message 1993 Silks Gift to the Bar Association reached his Honour. When counsel arrived in court the matter had been It is usual for Silks to give the Bar Association a gift upon disposed of. their appointment. The Bar Council was of the view that it was imprudent The Silks appointed in 1991 and 1992 donated two pulse of the counsel merely to rely upon a telephonic communication oximeters to the Royal Children's Hospital, Camperdown on between third parties as it was likely that some form of failure behalf of the Bar Association as their gift. of communication could result. The Council was furtherof the The Association is extremely grateful. FJ view that in any event it would not be sufficient to rely upon a trial judge, even if that judge had received the message, to act upon it. Many Happy Returns In this particular case, as the barrister's client did not seek an order for compensation the Council took the view that T E F Hughes QC AO turned 70 on 26 November the matter was deserving of reprimand. 1993. He has had anew bar jacket made. D U 2 - Bar News 1993 Edition The journal of the From the President Legal Profession Reform Bill 1993 (No 2) 4. Section 37 was to be amended by reinstating the power which currently exists under the Legal Profession Act of The Legal Profession Reform Bill 1993 (No 2) passed the Bar Council to refuse, suspend or cancel a piactising through both chambers of the Parliament on Friday 19 certificate to any person who does not intend to or is not November last. Its various provisions will become law on practising as a barrister during the period covered by the dates to be proclaimed. certificate; The Legal Profession Bill (No
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