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Victorian Bar News VICTORIAN BAR NEWS No. 135 ISSN 0159-3285 SUMMER 2005 Appointment of Senior Counsel A Special Sitting of the High Court of Australia to Welcome the Honourable Justice Susan Crennan Victorian Bar Superannuation Fund The 2005/2006 Victorian Bar Council Criminal Bar Association Farewells Judge Kelly, Former Judge of the County Court Ross Ray QC Farewelled as Bar Council Chairman Howell’s List: Twenty-Five Not Out Launch of the Victorian Sentencing Manual: Online and Free to All Celebratory Dinner: The Honourable Mary Gaudron QC Readers’ Signing of Bar Roll Hurricane Katrina: Destruction in New Orleans Chief Justice William H. Rehnquist: A Personal Remembrance When Barristers Make a Real Difference Bar Hockey 2005 Now carries even more weight, without all the extra kilos. Are you on top of the changes? Call 1800100 161 for your copy Ritchie’s Uniform Civil Procedure NSW gives you authoritative coverage of information you need for any of the courts is in the one convenient the three tiers of court procedure, in two convenient volumes. It’s been publication. You’ll find a quick comparison table for the Act and Rules, quick carefully compiled by the same experienced specialists who prepared the indexes for each section, comparative tables of old and new rules, and much previous works, to help you make a seamless transition to the new rules. more. Most importantly, its compact format makes it much more efficient to You no longer need to refer to 3 separate references, because all the buy – and to update in future. Call us now or visit our website to find out more. For more information call 1800 100 161 or visit www.lexisnexis.com.au/ucp Terms and conditions apply, please visit www.lexisnexis.com.au/ucp for more information. © 2005 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under license. VICTORIAN BAR NEWS No. 135 SUMMER 2005 Contents EDITORS’ BACKSHEET 5 Do Barristers Exist? CORRESPONDENCE 6 Letters to the Editors CHAIRMAN’S CUPBOARD 8 Outstanding New Appointments A Special Sitting of the High Court of Australia CBA Farewells Judge ATTORNEY-GENERAL’S COLUMN to Welcome the Honourable Justice Susan Kelly, Former Judge 10 State-sanctioned Homicide the Antithesis of Crennan. of the County Court. Every Value We Share with Other Nations LEGAL PRACTITIONER’S LIABILITY COMMITTEE 11 Bar Defence ETHICS COMMITTEE BULLETIN 13 Unreported Judgments NEWS AND VIEWS 14 A Special Sitting of the High Court of Australia to Welcome the Honourable Justice Susan Ross Ray QC Reviews Launch of the Victorian Sentencing Manual: Crennan His Year as Bar Online and Free to All. 19 Victorian Bar Superannuation Fund Council Chairman. 20 The 2005/2006 Victorian Bar Council 22 Criminal Bar Association Farewells Judge Kelly, Former Judge of the County Court 26 Ross Ray QC Farewelled as Bar Council Chairman 31 Howell’s List: Twenty-Five Not Out 32 Launch of the Victorian Sentencing Manual: Online and Free to All 38 Celebratory Dinner: The Honourable Mary Gaudron QC 41 Readers’ Signing of Bar Roll When Barristers Make a Real Difference. Celebratory Dinner: 43 Hurricane Katrina: Destruction in New Orleans The Honourable Mary 48 A Bit About Words/Laconic Gaudron QC. 49 Verbatim 50 Chief Justice William H. Rehnquist: A Personal Remembrance 51 When Barristers Make a Real Difference SPORT 52 Bar Hockey 2005 LAWYER’S BOOKSHELF 54 Books Reviewed 54 The Essoign Wine Report Readers’ Signing of Bar Roll. Cover: The Silks being welcomed. Bar Hockey 2005. 3 Victorian Bar Council VICTORIAN BAR COUNCIL Chairs of Standing Committees of the Bar Council for the year 2004/2005 Aboriginal Law Students Mentoring Committee *Executive Committee G Golvan S.C., C.D. Clerks: Applications Review Committee B *Ray QC, W.R. (Chairman) G Digby QC, G.J. B *McMillan S.C., Ms C.F. (Senior Vice-Chairman) Charitable and Sporting Donations Committee A *Shand QC, M.W. (Junior Vice-Chairman) D Riordan S.C., P.J. D *Fajgenbaum QC, J.I. Conciliators for Sexual Harassment and Vilifi cation F *Dunn QC, P.A. B Curtain QC, D.E. F *Dreyfus QC, M.A. G *Lacava S.C., P.G. Counsel Committee G *Crennan S.C., M.J. G Crennan S.C., M.J. D *Beach S.C., D.F.R. (Honorary Treasurer) Editorial Committee for In Brief and Website News F *Quigley S.C., Ms M.L. Section D *Riordan S.C., P.J. D McLeod S.C., Ms F.M. D *Jones, I.R. Equality Before the Law Committee A *Townshend, C.J. A Richards QC, Ms A. W *Neal D.J. R *Doyle, Ms R.M. Ethics Committee D *Duggan, Ms A.E. B McMillan S.C., Ms C.F. L Hannebery, P.J. (Assistant Honorary Treasurer) Human Rights Committee D *Connor, P.X. D Fajgenbaum QC, J.I. F *Knights, Ms K.J. Legal Assistance Committee R *Fairfi eld, C.G. A Macaw QC, R.C. D *Shaw, C.E. Readers’ Course Committee G *Anderson, Ms K.J.D. (Honorary Secretary) G Santamaria S.C., P.D. G *Neskovcin, Ms P.A. (Assistant Honorary Secretary) Continuing Legal Education Committee Ethics Committee B Young QC, N.J. B McMillan S.C., Ms C.F. (Chair) Accreditation and Dispensation Sub-Committee H Merralls AM, QC, J.D. B Young QC, N.J. C Meagher ED, QC, D.R. S Willee QC, RFD, P.A. New Barristers’ Standing Committee S Lally QC, W.F. G Bingham, Ms S.L. F Gobbo QC, J.H. Past Practising Chairmen’s Committee G Lacava S.C., P.G. G Berkeley QC, H.C. A Macaulay S.C., C.C. Professional Indemnity Insurance Committee G Gordon S.C., Ms M.M. A Shand QC, M.W. R Batten, J.L. Professional Standards Education Committee P Williams, I.S. S Willee QC, RFD, P.A. D Kirton. Ms C.E. L Lane, D.J. Victorian Bar Dispute Resolution Committee F Shiff, Ms P.L. B Levin QC, D.S. D Duggan, Ms A.E. VICTORIAN BAR NEWS Paul Duggan, Peter A. Clarke, Printed by: Impact Printing Editors Victoria Lambropoulos, Richard Brear 69–79 Fallon Street, Gerard Nash QC, Paul Elliott QC and (Editorial Assistant) and Peter Lithgow Brunswick Vic. 3056 (Book Reviews) Judy Benson This publication may be cited as Editorial Board David Johns (Photography) (2004) 135 Vic B.N. Julian Burnside QC Published by The Victorian Bar Inc. Graeme Thompson Owen Dixon Chambers, Advertising 205 William Street, Melbourne 3000. Publications Management Pty Ltd Editorial Consultant 38 Essex Road, Surrey Hills, David Wilken Registration No. A 0034304 S Victoria 3127 Editorial Committee Opinions expressed are not necessarily Telephone: (03) 9888 5977 John Kaufman QC, William F. Gillies, those of the Bar Council or the Bar or Facsimile: (03) 9888 5919 Carolyn Sparke, Georgina Schoff, of any person other than the author. E-mail: [email protected] 4 Editors’ Backsheet Do Barristers Exist? s the Victorian Bar a mirage? Is there a small group in society who are under Ithe infl uence of some potent, mind- altering substance who believes that there are things called barristers? Evidently, the Deputy Lord Mayor of Melbourne, Mr Gary Singer, doesn’t believe that barristers are real people. Mr Singer, in his guise as a solicitor, was fi ned by the Legal Profession Tribunal for hav- ing some problems with cheques meant to be paid to barristers; those tiresome things sometimes sent to solicitors by other parties, such as insurance compa- nies, as a disbursement to be forwarded on to those strange entities known as barristers. Therefore, under some quaint rules, they are to be paid into a trust account and then paid out to those other illusion-like things: barristers’ clerks. It seems Mr Singer wrote the cheques out but they never went out — got stuck in a solicitors, all being “lawyers”. Those 6.30 “fi rms” then where do they fi t in to the drawer or somewhere else. “current affair” programmers on televi- fabric of the law industry? They are not When all this was reported on the front sion regularly have stories about “greedy legal practitioners but exist in the demi- page of the Herald Sun newspaper, and lawyers”. Recently, the one hosted by Ms monde of “legal person” persons. The the question posed, “Shouldn’t Mr Singer Naomi Robson had a sensational story confusion increases when inspection is resign as Deputy Lord Mayor?”, one of his which cut to footage of people dressed made of the two forms that are sent out to reported responses was to the effect that: up in wigs and gowns. These were not the barristers in order for us to be registered. “None of the clients were affected”. “lawyers” that were the subject of the pro- These forms ask some very strange ques- Well, that’s all right then Mr Singer gram. But it is quite acceptable to lump tions of barristers which, in many cases, — no people were affected by your barristers in there, as we all know they are unanswerable. They continually ask a actions, no one was hurt, because barris- don’t really exist. Only greedy lawyers barrister to nominate his partners, manag- ters don’t really exist, do they? They don’t really exist, no matter what part of the ing partners, CEOs and where he stands have families, mortgages or school fees so profession they inhabit. in a fi rm. As barristers cannot answer it didn’t really matter that you hung on The legislation governing the registra- these questions, does it means they do to their fees.
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