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THE BAR ASSOCIATION BAR COUNCIL

MINUTES OF PROCEEDINGS

Thursday 2 May 2013 in the Boardroom of the New South Wales Bar Association at 4.30 pm

PRESENT: Boulten SC; Needham SC; Temby QC; Traill; Hutley SC; Street SC; Game SC; Moses SC; McGrath SC; McHugh SC; Lydiard; Walker; Callan; Peden; Hunt; Steggall; Page; McMahon.

APOLOGIES: Healey, Stone.

IN ATTENDANCE: Deputy Executive Director; Director, Professional Conduct (for professional conduct matter).

MINUTES

The minutes of the meeting of 11 April 2013 were confirmed.

PRESIDENT'S REPORT

Compulsory Third Party Advertising

The President advised that he had received approaches from the President and Chief Executive Officer of Law Society requesting that the Bar contribute to a joint full page advertisement concerning the Government’s compulsory third party insurance changes which was proposed to be published in the Morning Herald, Daily Telegraph and The Australian on Saturday 11 May. The Law Society advised that the Australian Medical Association would also contribute to the cost of the advertising, which would be likely to total around $100,000.

The President expressed reservations about the proposal, questioning whether a full page advertisement would be an appropriate use of Association’s funds, particularly when the Association would be seeking to brief journalists and undertake electronic media appearances to argue its position on the reforms.

RESOLVED, noting the strong reservations about the proposed joint advertisements, that the Association continue a dialogue with the Law Society on the issue and that the President and Senior Vice-President monitor developments and make a final decision at the relevant time.

C:\Users\cwinslow\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\99M9J14Z\6_020513.doc 2 DEPUTY EXECUTIVE DIRECTOR'S REPORT

The President invited the Deputy Executive Director to outline the current status of the Government compulsory third party changes for the Bar Council. The Deputy Executive Director advised that the Government’s Bill was currently being drafted and was likely to be considered by Cabinet in the very near future, possibly early next week. The Association, along with other legal groups, had met with the Minister and his office on a number of occasions, along with the Motor Accidents Authority, to put the case for the legal profession’s alternative model.

It does, however, appear that the Minister is proceeding with his no fault proposal and that legislation will be introduced soon. The Association has also been briefing a number of Government backbenchers, including a group formed by the Hon Catherine Cusack MLC, on its proposal. This group has been liaising with the Minister’s office, who have advised that the legal profession’s proposal is being evaluated.

Association representatives have also briefed the Opposition Shadow Minister and Christian Democrats, and appointments are being organised with the Shooters and Fishers party.

FINANCE

Financial statements for March 2013

Noted.

MEMBERSHIP

The following were admitted as Class A – Local Practising Barrister – unless otherwise shown:

Name Chambers

Piria Coleman Edmund Barton Chambers Lee Corbett University Chambers Aaron Cornish 12th Floor Selborne/Wentworth Henry Durack 16 Wardell Chambers Rebecca Gall 8th Floor Selborne Chambers William Higgs Sir Chambers William Hussey James Dowling Chambers Andrew Issacs Martin Place Chambers Gregory Johnson 11 St James Hall John Kalantar Frederick Jordan Chambers Bernard Lloyd 9 Wentworth Chambers Kenneth Lord Ground Floor Wentworth Sarah Lothian Lachlan Macquarie Chambers Anthony Morley Lachlan Macquarie Chambers Corrina Novak Nigel Bowen Chambers Eric Oates Trust Chambers Tamara Phillips Seven Wentworth Chambers

C:\Users\cwinslow\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\99M9J14Z\6_020513.doc 3 David Robertson 6th Floor Selborne/Wentworth Nikolaos Siafakas Kingsgrove, NSW Justin Simpkins Seven Wentworth Chambers John Stanton Frederick Jordan Chambers Kevin Tang 9 Wentworth Chambers Jack Tyler-Stott Elizabeth Street Chambers Ben Wilson Chambers Julian Zmood 4 St James Hall Chambers

FOR CONSIDERATION

Memorandum from the Chair of the Equal Opportunity Committee to the Bar Council dated 2 May 2013 – New South Wales Bar Association Diversity and Equity Policy.

After some discussion, the Bar Council agreed that the draft policy should be referred back to the Association’s Senior Policy Lawyer in order for her to prepare a brief report on whether the wording of the policy is consistent with relevant statute law.

FOR INFORMATION

Letter from the Executive Director to the Department of Attorney General and Justice dated 22 April 2013 – Draft Bail Bill 2013.

Noted.

New South Wales Bar Association Submission to Joint Standing Committee on Road Safety – Inquiry into non-registered motor vehicles.

Noted.

The following papers were circulated via e-mail prior to the Council meeting.

 Law Council of – Précis – 16 April 2013  Law Council of Australia – Inquiries and Consultation Lists as at 22 March 2013.  Law Council of Australia – Inquiries and Consultation Lists as at 15 April 2013.  Law Council of Australia – Inquiries and Consultation Lists as at 8 April 2013.  Minutes of the meeting of the Directors of the Law Council of Australia held on 9 March 2013.

The meeting closed at 5.05pm.

Confirmed as a correct record:

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Phillip Boulten SC President

Date:

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