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THE JOURNAL of the NSW BAR ASSOCIATION | SUMMER 2016 Contents barTHE JOURNAL OFnews THE NSW BAR ASSOCIATION | SUMMER 2016 news THE JOURNAL OF NSW BAR ASSOCIATION | SUMMER 2016 bar Bar News Summer 2016 22Nov16 OL.indd 1 22/11/16 12:26 pm barnewsTHE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2016 Contents 2 Editor’s note Bar News Editorial Committee Jeremy Stoljar SC (chair) 3 Out of the archives Greg Burton SC 4 President’s column Kristina Stern SC Anthony Cheshire SC 5 Letters to the editor Dominic Villa Daniel Tynan 6 News Nicolas Kirby Daniel Klineberg Lionel Robberds AM QC: 50 years at the NSW Bar Catherine Gleeson Bar Practice Course 02/2016 Victoria Brigden Caroline Dobraszczyk Tedeschi QC snaps Bar Council in session Talitha Fishburn Juliet Curtin 9 Recent developments Radhika Withana Kevin Tang 21 Practice Charles Gregory Uche Okereke-Fisher SILQ v BarBooks Chris Winslow (Bar Association) Gender equitable briefng at the New South Wales Bar Four readers share their experiences starting out at the bar ISSN 0817-0002 Views expressed by contributors to Bar News are 33 Address not necessarily those of the New South Wales Bar Association. Contributions are welcome and should Lawyers and politics: the 2016 Hal Wootten Lecture be addressed to the editor, Jeremy Stoljar SC. 40 Features 8th Floor Selborne Chambers 8/174 Phillip Street Te short, sad life of Derek Bentley Sydney 2000 DX 395 Sydney Innocence and life without parole in Louisiana Contributions may be subject to editing prior to 51 Appointments publication, at the discretion of the editor. Her Honour Judge Nicole Noman SC Cover: Death row, Louisiana State Penitentiary at Angola, Louisiana. © Robin Nelson/ZUMA His Honour Jefrey McLennan SC Press . His Honour Judge Warwick Hunt Life memberships Senior counsel appointments for 2016 Bar Association ofce bearers for 2017 59 Obituaries George Masterman QC Dr John Bishop Terence Naughton QC His Honour Judge Greg Farmer SC Eric Shields QC 65 Book reviews 74 Bar sports 77 Bullfry 79 Advocata Bar News : Te Journal of the New South Wales Bar Association [2016] (Summer) Bar News 1 EDITOR’S NOTE It is just as well, on occasion – and in, or experience of, criminal law. And Other articles in this issue include Bret the last issue of the year is as good an as Bernadette O'Reilly points out, Walker SC’s 2016 Hal Wootten Lecture occasion as any – to acknowledge the there have also been problems with on 'Lawyers and politics'. Anthony strengths of our justice system, rather false confessions – that is, confessions McGrath SC explains the new National than dwell on the problems. Tis issue given or extracted after inappropriate Model Gender Equitable Briefng Policy. includes a story which suggests that our interrogation techniques. Juveniles or Dominic Villa has contributed a very system is avoiding some of the issues persons with intellectual disabilities are useful piece comparing the SILQ and afecting other jurisdictions. particularly vulnerable to this. BarBooks accounting software systems for barristers. And Advocata’s column Te story is by Bernadette O'Reilly, who We tend to step back and look at our asks why some barristers receive briefs travelled with a colleague to Louisiana justice system only after something has and some don’t. earlier this year to volunteer at the gone wrong. And of course the system Innocence Project. Te Innocence isn’t perfect – among other things there Tis being the last issue of the year it is Project works on freeing wrongfully have been notable wrongful convictions timely to acknowledge the efort of all convicted prisoners. in this country as well. But, without those on the Bar News committee and for a minute becoming complacent, we elsewhere who have worked so hard Louisiana’s justice system is diferent can at least be glad that we have many in putting Bar News together during to ours. Te numbers tell the story. safeguards and programs – including 2016. Putting out three issues a year Bernadette O'Reilly recounts that programs such as Just Reinvest NSW1 takes a great deal of work. We couldn’t Louisiana has an incarceration rate – which help avoid at least some of do it without hard-working committee of 816 prisoners per 100,000 people, the issues that have afected other members, contributors – especially the highest such rate in the world. In jurisdictions. As Bernadette O'Reilly regular contributors and columnists – contrast Russia has an incarceration rate points out in her article: and other members of the bar who have of 492 prisoners per 100,000 people; been kind enough to help out in various Germany’s is 78. Australia also has a Although mistakes do occur, we at ways with putting articles together. reasonably high incarceration rate: 196 least have a funded Legal Aid and Chris Winslow of the Bar Association prisoners per 100,000 people, somewhat Aboriginal Legal Service. We have deserves a special mention. Tanks to higher than, for example, China’s rate of procedures and policies, such as recording a suspect’s interviews, everyone involved. And best wishes to 119. recording ID parades, children’s all Bar News readers for the Christmas Why does Louisiana have such a high independent person present when break and the new year. rate of incarceration? Tere seem interviewed, and recording of Jeremy Stoljar SC to be various reasons. One is that forensic procedures, that provide Louisiana has 'three strikes and you’re some safeguards against many of the Editor out' laws, which mean that a third issues we observed in Louisiana. felony conviction generally results in a Endnotes Te problem of wrongful convictions life sentence. Another is that in some 1. www.justreinvest.org.au is the subject of another story in this areas prisoners of limited means – edition. Geofrey Watson SC recounts most prisoners, in other words – have the sad story of Derek Bentley, who was limited access to public defenders. In convicted of murdering a policeman in some instances local private lawyers 1952 and executed. He was nineteen are allocated to appear pro bono for years old. After sustained eforts by his accused persons according to some sort family, in 1998 the Court of Appeal of roster. Te problem with that system fnally determined that the outcome of is that someone facing a very serious his trial was unsafe and unanimously charge may end up being represented quashed his conviction. by a lawyer having no particular interest [2016] (Summer) Bar News 2 Bar News : Te Journal of the New South Wales Bar Association OUT OF THE ARCHIVES Who's that next to John Kerr? The Hon Keith Mason AC QC kindly sent Bar News this original photograph of the 10th Floor Wentworth dinner in mid-1974 to celebrate her Majesty's recent appointment of Sir John Kerr as governor-general on the recommendation of Gough Whitlam, prime minister. Front row, L to R: John Foord, Justice Hal Wootten, Brian Hill, Trevor Morling QC, Keith Mason. Te standing row: Justice Paul Toose, Chief Judge James Staunton QC, Michael Grove, Noel Hemmings, David Bennett, Kenneth Gee QC, Gough Whitlam QC, Sir John Kerr KCMG QC, David Shillington, Martin Einfeld, Master Henry (Bill) Cantor QC, Bertram Wright MBE QC, John Bryson, Marcel Pile QC, Judge Carl Shannon QC, Paul Webb. Bar News : Te Journal of the New South Wales Bar Association [2016] (Summer) Bar News 3 PRESIDENT'S COLUMN Still pursuing justice for innocent victims of motor accidents By Noel Hutley SC Te Bar Association, along with other recognised Philip’s contribution by legal profession groups, has consistently awarding him life membership of this pointed out the potential efect of the association. government’s proposed reforms on the Philip’s successor, Greg Tolhurst, rights of the injured. Although our commenced in the position on 24 advocacy eforts may have had some October. Greg was appointed after a efect on the government’s decision to comprehensive recruitment process put its reforms on hold for the time and comes to the role with an extensive being, there is no guarantee that the background in academia and commercial general direction of the proposals will law. On behalf of the Bar Council I alter radically and at this stage it seems congratulate Greg on his appointment likely that a legislative package will be and wish him well in the position. introduced in the new year. Te Bar Association will continue to advocate Tis edition of Bar News features the rights of innocent victims of motor Bret Walker SC’s recent 2016 Hal accidents to proper compensation and Wootten lecture 'Lawyers and Politics' Following the recent Bar Council legal representation under our motor and a fascinating article regarding the ballot, I was honoured to be re-elected accidents scheme. Innocence Project in New Orleans by Bernadette O’Reilly, who worked as president by the Bar Council on 10 Since my last column, Philip Selth there as a volunteer earlier this year. It November. I congratulate all Executive OAM has retired as the Bar Association’s also includes, among other things, a ofce holders and Bar Councillors executive director. Since he commenced piece from the chair of the association’s on their election and look forward to in the position on 10 November 1997, Diversity and Equality Committee, leading the Bar Association with their Philip has been an exemplary chief Anthony McGrath SC, analysing the assistance in the coming year. executive ofcer of our organisation. He implications of the Law Council’s has brought a wealth of experience to In my column in the last edition of Bar Gender Equitable Briefng policy each Bar Council, to each member of the News I provided an update on the New for both solicitors and barristers and Executive and a fearless determination to South Wales Government’s proposed outlining the role of the Bar Association give his honest opinion, no matter how CTP reforms.
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