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Barnewsthe JOURNAL of the NSW BAR ASSOCIATION | SUMMER 2015 barnewsTHE JOURNAL OF THE NSW BAR ASSOCIATION | SUMMER 2015 Contents 2 Editor’s note 34 Practice 72 Appointments 2 President’s column Challenges in the world of a junior The Hon Justice Markovic barrister: accomodation His Honour Judge Farmer SC 4 An update from the Katrina An overview of the Legal Profession Her Honour Judge Girdham SC Dawson Foundation Uniform Law Her Honour Judge Traill His Honour Judge Middleton 5 Bar Practice Course 02/2015 Equitable briefing: a conversation with Phil Boulten SC 76 Book reviews 6 The Holt Prize Lawyers, causes and passion 89 Bar Sports 8 Recent developments 48 Interviews Football’s world order is restored 29 Features An interview with Attorney How to behave while bathing in General Gabrielle Upton the Northern Territory Acting Justice Jane Mathews AO Tipping the scales: equity and diversity at the bar 58 Personalia Farewell Paul Daley OAM 61 Bar history Remembering Sir Kenneth Jacobs KBE QC Anecdotes and fables of the judges of the ‘fifties Bar News Editorial Committee ISSN 0817-0002 © 2015 New South Wales Bar Association Jeremy Stoljar SC (chair) Views expressed by contributors to Bar News are This work is copyright. Apart from any use as permitted under the Copyright Act 1968, and subsequent amendments, no part may be Greg Burton SC not necessarily those of the New South Wales Bar reproduced, stored in a retrieval system or transmitted by any means or Richard Beasley SC Association. Contributions are welcome and should process without specific written permission from the copyright owner. be addressed to the editor, Jeremy Stoljar SC. Requests and inquiries concerning reproduction and rights should Kylie Day be addressed to the editor, Bar News, c/- The New South Wales Bar Nicolas Kirby 8th Floor Selborne Chambers Association, Basement, Selborne Chambers, 174 Phillip Street Sydney, Daniel Klineberg 8/174 Phillip Street NSW 2000. Catherine Gleeson Sydney 2000 Victoria Brigden DX 395 Sydney Caroline Dobraszczyk Contributions may be subject to editing prior to Fiona Roughley publication, at the discretion of the editor. Talitha Fishburn Juliet Curtin Cover: Sir Kenneth Jacobs KBE QC. The portrait by Ralph Heimans was commissioned by the Bar Radhika Withana Association in 2011 and donated to the Supreme Chris Winslow (Bar Association) Court of NSW. Bar News : The Journal of the New South Wales Bar Association [2015] (Summer) Bar News 1 Editor’s note The final edition of Bar News for 2015 has interviewed Acting Justice Jane retired after 54 years’ service as clerk on brings the usual mix of features, recent Mathews AO, who was the first female Eleven Wentworth chambers. When developments, bar history and reviews. appointment to judicial office in NSW: Christine asked Paul how he had kept it her Honour was appointed a judge of up for so long his answer was simple: ‘I We are delighted to have an interview the District Court in 1980; then to the loved coming in to work every single day. with the Hon Gabrielle Upton MP, Supreme Court in 1987; then president There was always something different attorney general of New South Wales, of the AAT in 1994. happening.’ who discusses a number of current issues and initiatives. Elsewhere, this issue includes another Bar News thanks the outgoing president address by the chief justice, this time of the Bar Association, Jane Needham Several articles in this issue look at the on the occasion of the 30th anniversary SC, for her tireless efforts during her careers and lives of notable judges, of the NSW Environmental Defender’s term as president. We have included in including an address by the chief justice Office. Ian Barker QC has written a piece this issue her speech: ‘Tipping the Scales: of Australia, the Hon Robert French AC, on the treatment of Indigenous people: Equity and Diversity at the Bar’. And Bar commemorating the life of Sir Kenneth ‘How to behave while bathing in the News welcomes the incoming president, Jacobs KBE QC, who was formerly a Northern Territory’. Noel Hutley SC, whose inaugural column judge of the Supreme Court of NSW appears below. then the High Court – as well as the David Robertson has a comprehensive author of Jacobs on Trusts – and who died and helpful treatment of the new Legal Finally, Bar News notes with great sadness on 24 May 2015. Profession Uniform Laws. Talitha the loss of Andrew Thomas Martin of Fishburn has interviewed Phillip Boulten Chalfont Chambers. An obituary will The Hon John Bryson QC has SC on the topic of equitable briefing. appear in the Autumn 2016 edition. contributed a piece describing his personal recollections of a number of Christine Melis has contributed a piece in Jeremy Stoljar SC judges from the 1950s. And Tina Jowett honour of Paul Daley, who has recently Editor Direct briefing a growth area for the New South Wales Bar By Noel Hutley SC It is a great privilege to assume the role great skill and grace, often in trying of president of the New South Wales circumstances. Jane can rightly look back Bar Association. This organisation has at her time as president with considerable a proud history of representing the pride and satisfaction. It has been a interests of its members, both in the pleasure and a privilege to work with her. public sphere and in dealings with In the course of the Bar Council election government, members of parliament, the period it became clear that there are courts and the wider legal profession. I differing views as to the Bar Association’s am honoured to have the opportunity public profile. I take the view that the to represent the interests of New South Bar Association has an important role Wales barristers and continue the Bar to play in public life, by explaining Association’s traditions of promoting the role of the justice system and the the administration of justice, the rule courts and supporting fundamental legal of law and the importance of a strong, rights and freedoms. Over the years the independent bar in this state. association has provided a respected I wish to pay tribute to the outstanding independent perspective in public debate contribution of my predecessor as on legal issues and I see that function president, Jane Needham SC. Jane as an inherent part of this organisation’s performed her difficult role with activities. [2015] (Summer) Bar News 2 Bar News : The Journal of the New South Wales Bar Association Noel Hutley, ‘Direct briefing a growth area for the New South Wales Bar’ Over the years the association has provided a respected an accused does not have representation. There are recent instances of such delays, independent perspective in public debate on legal issues and and without the prospect of a resolution I see that function as an inherent part of this organisation’s to the funding crisis such issues will activities. become all too common. This is clearly unacceptable from the perspective of the accused, the prosecution and victims of One of the most pressing issues facing the federal levels. The current arrangements crime. New South Wales Bar is the increasing regarding family law judges provide competition for work we face from a telling example. There is a serious Government reliance on pro bono solicitors. This, combined with falling shortage of judges in the area of family work to address the shortcomings of filing rates in civil matters in our courts, law which is resulting in increasing delays the legal aid system is unrealistic. Our means that finding sources of work for and in turn causing real problems for members spend thousands of hours the bar must be a major priority. My first families in crisis, as well as imposing each year undertaking pro bono work, duty as president involved taking part in concerning burdens on the judges. but government should not regard that a panel presentation, along with other as a basis for not dealing with those For some time the Bar Association has members of the Practice Development deficiencies of that system. expressed its concerns at the state of legal Committee, to in-house lawyers at the aid funding, particularly with regard to A co-ordinated and long term solution ACC/ACLA National Conference on criminal matters. The situation worsens is required. The restoration of legal aid the Gold Coast in early November. That with each year that goes by. The current funding to sustainable levels, along with presentation, entitled ‘Direct briefing Commonwealth/state legal aid funding the pursuit of new areas of work for the as a modern strategy’ focussed upon the arrangements are clearly inadequate, and New South Wales Bar, will be priorities utility of in-house counsel briefing the there appears to be no appetite on the for the Bar Council over the coming year. bar direct in suitable matters and the part of government at federal or state cost savings that can result where the level to satisfactorily address the problem. need for external solicitors is eliminated Our members spend in appropriate cases. In many cases the Although the Australian Government thousands of hours each year restored a proposed funding cut specialist expertise of barristers, and the undertaking pro bono work, junior bar in particular, offers a cheaper regarding complex criminal trials at the alternative to law firms. beginning of the year, this is a band but government should aid solution at best. A comprehensive It is clear that corporate and government not regard that as a basis strategy must be developed to safeguard counsel are making increased use of the long-term future of legal aid criminal for not dealing with those direct briefing arrangements and this matters in this state.
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