barnewsTHE JOURNAL OF THE NSW BAR ASSOCIATION | AUTUMN 2015 Contents 2 Editor’s note 30 Addresses 47 Appointments High Court welcome for new silks The Hon Justice Nettle 3 President’s column Reformulating reform: courts and His Honour Judge Street SC 5 Opinion the public good His Honour Judge Ian Newbrun Overseas conferences: to go His Honour Judge Smith or not to go? 41 Practice Equitable briefing: a conversation His Honour Judge Scotting 8 Chambers with Steven Finch SC Local Court appointments The opening of Sir Anthony The Advanced Trial Advocacy Mason Chambers course 51 Obituaries Katrina Dawson 10 Recent developments 45 Bullfry Gough Whitlam Bullfry cooks up a storm 20 Features 59 Book reviews Working with interpreters Considering alternatives to drug policy Justice Hugo Black and the KKK 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 not necessarily those of the New South Wales Bar Copyright Act 1968, and subsequent amendments, no part may be Greg Burton SC 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. David Ash be addressed to the editor, Jeremy Stoljar SC. Requests and inquiries concerning reproduction and rights should be addressed to the editor, Bar News, c/- The New South Wales Bar Kylie Day 8th Floor Selborne Chambers Association, Basement, Selborne Chambers, 174 Phillip Street Sydney, Nicolas Kirby 8/174 Phillip Street NSW 2000. Daniel Klineberg Sydney 2000 Catherine Gleeson DX 395 Sydney Victoria Brigden Contributions may be subject to editing prior to Caroline Dobraszczyk publication, at the discretion of the editor. Fiona Roughley Talitha Fishburn Cover: By Hartrick’s Design Juliet Curtin Radhika Withana Chris Winslow (Bar Association) Bar News : The Journal of the New South Wales Bar Association [2015] (Autumn) Bar News 1 Editor’s note Photo: James Alcock / Fairfaxphotos James Photo: 2014 came to a bleak and shocking end. finest young barristers at the bar. Not that swept through the legal community just in the sense of her legal skills, when the news broke. This journal is the Bar Association’s although these were exceptional – journal of record, so some account of Katrina’s family and friends have Katrina had an instinct for justice. She what occurred should be included here. established the Katrina Dawson always did the right thing. Foundation, to preserve and honour her On 15 December 2014 an armed man Katrina’s legal connections ran deep – memory by providing support for the took over the Lindt Café on Phillip her husband Paul Smith is a partner education of exceptional young women. Street. at King & Wood Mallesons and her Bar News does not overlook in any of He took a number of hostages, brother Sandy is at Banco Chambers. this that Katrina’s was not the only loss including three barristers: Katrina Everyone knew her, everyone liked her. of life. We send our deepest condolences Dawson and Julie Taylor of the 8th She was fun to be around. Most of all, to Tori Johnson’s partner and family. Floor of Selborne Chambers, and Stefan she was a loving and deeply attentive Balafoutis of Tenth Floor chambers. mother to her three young children. The other hostages in the siege were all traumatised and are still suffering – we A siege ensued. Many chambers were Jason Potts, also of the 8th Floor, has offer them our support and sympathy evacuated. The courts were closed. written an obituary which we publish also. The siege ended in the early hours of 16 in these pages. Jason has managed to Most of all we send our thoughts and December 2014. Katrina Dawson lost capture what Katrina was like to have in support to Katrina’s family – to her her life, as did the manager of the café, chambers and how much we have lost. brothers, Sandy and Angus, her parents Tori Johnson. All the other hostages Katrina’s death resonated with people Jane and Sandy, and to Paul, Chloe, survived. everywhere, whether they knew her or th Oliver and Sasha. The president’s column on the next not. The 8 Floor received messages, Jeremy Stoljar SC pages recounts the steps taken by the Bar flowers and gifts from people across Association in the immediate aftermath Sydney and indeed across the world. 8th Floor Selborne Chambers of the siege. I myself received many emails and letters The loss of Katrina Dawson was a – from colleagues at the bar, solicitors, th terrible blow for all barristers. judges, former staff on the 8 Floor. Reading over these letters now one can Katrina was quite simply one of the sense the great wave of shock and horror [2015] (Autumn) Bar News 2 Bar News : The Journal of the New South Wales Bar Association Reflection and remembrance By Jane Needham SC Early in the course of the siege, the Bar Times (my brother’s local newspaper in Association notified Penny Johnston, the Martinez, California). It received tens of director of BarCare, who in turn was in thousands of views on our website and contact with her team of mental health on Twitter. professionals in order to ensure that any On the morning of 17 December, the calls on her time and theirs were able Bar Association announced that it would to be answered. The specialists on the be hosting an Afternoon of Reflection BarCare panel responded magnificently. and Remembrance in the Common They took calls outside of usual hours, Room. The need for this arose out of the took urgent appointments, and generally isolation felt by many at being locked only charged their usual rate for their out of chambers, and gave members unusual workload. a chance to come together and grieve. In particular, the services of BarCare were This afternoon was very well attended offered to those most directly affected by (an estimated 150 members and staff the siege. Penny has conducted a number attending). Penny Johnston and I made of floor de-briefings as well as arranging an effort to speak to every person who In my last president’s column for individual contact and counselling to was there, although some people came Summer 2014, I noted the number of our members. She has personally assisted and went before that was possible. The obituaries in that issue – six in total. many of our members and their (and the Afternoon was particularly well attended Since that edition of Bar News, the bar Bar Association’s) staff. Penny’s work was by our female members. A number of Bar has undergone an horrendous event the subject of a number of letters and Association staff – including those for which culminated in the loss of another calls of personal thanks to the association, whom it was beyond their job description of our members. Jason Potts’s moving and I know that she has made a – also attended to offer support to our obituary for Katrina Dawson appears difference in many lives. members. in this issue, and the editor has added With the various inquiries, including his own personal reflection of her in his the inquest, and the likely continued column. I was particularly heartened emergence in the media of details of the siege and its aftermath, it is likely that at the way the community of The events of 15 and 16 there will continue to be a higher level Phillip Street came together. of calls on Penny’s time than is usual. December 2014 will be I encourage our members to contact etched in the minds of the BarCare in relation to any ongoing issues The siege and its aftermath put an arising from the siege, whether it is you enormous strain on the resources of members of the New South or a colleague who is having difficulties. the Bar Association and its staff. I have thanked the staff personally, and the Bar Wales Bar Association for a Penny Johnston Council has also expressed its thanks for long time to come. Director their assistance and devotion to duty – Phone: (02) 9331 3872 keeping the association going over two Email: [email protected] The events of 15 and 16 December days when the office was unreachable, www.barcare.org 2014 will be etched in the minds of the and working from home in circumstances members of the New South Wales Bar On 16 December, on being informed of of real difficulty. Association for a long time to come. the death of Katrina Dawson, the Bar I was particularly heartened at the The Sydney Siege, as it has come to be Association issued a media statement way the community of Phillip Street known, tested the association and its and Vale notice. That statement was came together. There was a very broad members in many ways. covered by international media, from response, from local cafes supporting the major international newspapers and Afternoon on 17 December, to offers media outlets down to the Contra Costa from other organisations of assistance Bar News : The Journal of the New South Wales Bar Association [2015] (Autumn) Bar News 3 Jane Needham SC, ‘Reflections and remembrance’ by way of counselling and support. I Twenty-two chambers have Equal Opportunity Committee and was very moved amongst the horror of Women Barristers Forum are each that week to have a huge outpouring now adopted the Best Practice working hard on these issues as well. of support, both from Australia and Guidelines, and a number On 20 March I presented Ian Temby overseas.