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Spring! Summer 1992 the Journal of the Tttmil the President1 When you're looking for a new floor member, you want someone who will add value to your chambers. Someone who can bring quality, integrity and expertise to an already successful group of professionals. Someone you can rely on for support. With Haisbury's Laws of Australia, you can be confident you've made the right choice. An indispensable research tool Busy counsel know that efficient and accurate research tools are vital to a successful advocate. With Haisbury's Laws of Australia as your first point of reference, you can quickly prepare authoritative advice, even on matters outside your usual areas of expertise. Always on point Halsbuiy's Laws of Australia gives clear and complete coverage of Australian law across all jurisdictions, and draws on more than 7,000 statutes and over 100,000 cases. So no matter what issue you are asked to advise on, Halsbu;y's Laws of Australia will help you to provide the answers. Australian Current Law Australian Current Law, the updater to Haishury's Laws of Australia, ensures your research will always be up to date. With these two tools of practice you have access to the most timely and accurate information available, Don't delay Many at the bar are already using Haisbury's Laws of Australia. Can you afford not to? For more information please contact our Sales Department B utterworths A Division of Reed International Books on (02) 335 4555 Australia Pty Limited ACN 001 002 357 in this issue I Bar Notes Election of Members of the Bar Council 1993 .............2 Published by: NSW Bar Association Death Penalty Policy ....................................................2 174 Phillip Street, Sydney NSW 2000 HumanRights ..............................................................2 Farewell Michelle Goodwin ........................................2 Editor: R.S. McColl IndemnityCosts ...........................................................2 Paper Admission in Queensland ..................................2 Editorial Committee: R.S. Angyal, Louise Delaney, G.D. Mcllwaine From the President ...........................................................3 Letters to the Editor ..........................................................4 Many thanks to Margaret Morgan for her considerable assistance in the compilation of this The 1992 Supreme Court Special Sittings - A Three- magazine. Dimensional Perspective: The Judge, the Barrister and the Clerks TheJudge ...................................................................5 The Barrister's View ..................................................7 A Barristers' Clerk ....................................................9 Starsand Bars ..................................................................11 Produced by: The Business Link 7 Gunjulla Place, Avalon NSW 2107 Further Thoughts on the Phone (02) 918 9288 Advocacy Institute Workshop ....................................18 Printed by: On Common Law Riots in NSW 1985-1992 .................19 Robert Burton Printers Pty Limited 63 Carlingford Street Researching American Authorities-An Introduction .... 23 Sefton NSW 2162 Law Council of Australia .................................................26 Advertising: Contact Sally Bennett on (02) 918 9288 Failure to Comply with the Construction List PracticeNote ..................................................................27 Obituaries Douglas Gordon Patrick McGregor .............................29 Cover: Mark David JohnHartigan ................................................................29 Lt Cmdr C B Dillon VRD LLB RANR (Rtd) ..............30 A Defence of the Status Quo ..........................................31 Views expressed by contributors to Bar News are not necessarily those of the Bar Retirement - Keppel Earl Enderby ...............................32 Association of New South Wales. Multiplicity.......................................................................33 Contributions are welcome, and should be addressed to the Editor, R.S., McColl, Book Reviews 7th floor, Wentworth Chambers, Breach of Contract ......................................................35 180 Phillip Street, Sydney NSW 2000 Taken on Oath, A Generation of Lawyers ...................35 Maritime Law in Australia ...........................................36 Banisters wishing to join the Editorial The High Court and the Constitution ..........................36 Committee are invited to write to the Editor indicating the areas in which they would be A Dream of Fair Judges ..................................................37 interested in assisting. Restaurant Reviews ...........................................................39 Mediation Column ..........................................................41 Motions and Mentions ....................................................42 ISSN 0817-0002 1 This Sporting Life .............................................................44 Bar Notes Queen's Counsel for 1993 Farewell Michelle Goodwin The Governor-in-Council has approved of the The Association must record its sadness at the departure appointment of the following persons as Queen's Counsel: of the its esteemed Education Officer, Michelle Goodwin. Michelle commenced as Education Officer at a time of RATTRAY Peter (Victoria) great change and upheaval - the implementation of the full-time KELLAM Murray Byron (Victoria) reading program Her contribution was huge. Her capacity was MIDDLETON John Eric (Victoria) enormous. BARR Graham Russell (NSW) As one of seventeen children (yes, seventeen!) raised in SEMMLER Peter Clement Bronner (NSW) the country, Michelle had the right upbringing for dealing with BASTEN John (NSW) members of the Bar - the good, ol' knock 'em down and drag SLATER Anthony Hugh (NSW) 'em out style. At the same time (or almost the same time) she STEELE John Joseph (NSW) demonstrated great sympathy and concern for those who were HASTINGS Peter Selby (NSW) in difficulty or disadvantaged. BARRY Christopher Thomas (NSW) Michelle was involved in conducting the last five full- ROBB Stephen David (NSW) time courses, many workshops and CLE sessions. In so doing, SLATFERY Michael John (NSW) she has had a significant input into the training of the newest CATTERNS David Kenneth (NSW) 230 barristers to the Bar. As well as being long remembered by LITTLEMORE Stuart Meredith (NSW) them, there are also the many hundreds of barristers and judges JACOBSON Peter Michael (NSW) who participated in those programs who will fondly remember Michelle's cajoling words when she was seeking their assis- tance. Following her success with the Bar, Michelle has taken Bar Council New Executive 1993 the challenge of training officers of the DPP. We wish her the very best of good luck. U The Council has elected the following as its Executive: President: John Coombs QC Indemnity Costs Senior Vice-President: M H Tobias QC Junior Vice-President: DMJ Bennett QC On 23 October 1992 Master Malpass determined, in Treasurer: RJ Burbidge QC Fowdh v Fowdh & Anor, that the plaintiff who had recovered Honorary Secretary: R S McColl a personal injury verdict in excess of a figure which she had,by offer of compromise made in accordance with SCR pt 22, been prepared to accept, was not entitled to indemnity costs under Death Penalty Policy SCR p152 r 174. The essential reason for this decision was that the offer was expressed to be open for acceptance for 28 days The Bar Council has adopted the following as standing policy. only: see pt 22 r 3(3). Counsel should note the ruling; it 1. The Council is opposed to the imposition or execution of suggests that to be effective, offers should be formulated in the death penalty and supports the objective of its aboli- much broader terms (eg, as open until the expiry of the time tion worldwide; and proscribed by r 3(8). Ui 2. The Council is opposed to the penally of amputation and to all cruel and unusual punishments and supports the objective of their abolition worldwide. 0 Paper Admission in Queensland Human Rights The Queensland Barristers' Admission Rules have been amended to allow an interstate practitioner to be admitted but The Chairman of the Bar Association's Human Rights not to have to attend an admission ceremony in the Supreme Committee, Cowdery QC, has been appointed a Vice Chairman Court of Queensland. Instead, once a certificate of compliance of the International Committee on Human Rights and a Just with the Barristers' Admission Rules has been issued, the Rule of Law. He is the only Australian on a committee of interstate practitioner is required to attend on the Registry or international lawyers charged with implementing the IBA Prothonotary of the Supreme Court of the State or Territory in Human Rights Action Plan adopted earlier this year. His which the practitioner is practising not later than 30 days after appointment gives the Australian profession (he is also Chairman the day proposed for hearing the motion for the practitioner's of the Law Council's Human Rights Committee), and the NSW admission, to take the oath or affirmation of allegiance and the Bar in particular, access to and a significant role in this oath or affirmation of office as a barrister and to sign the increasingly important area. U Supplementary Roll of Barristers. U 2- Bar News Spring! Summer 1992 The journal of the tttmil the President1 It would be a blessing, Brother Cadzeal (Ellis Peters' Rayment QC and the Attorney that there is, and will be, no medieval detective) said, to live in boring times. The year has policy of preference for solicitors. been a very arduous one for
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