Hearsay ... the Journal of the Bar Association of Queensland
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Issue 54
In Brief Print E-mail



News, views, Practice Directions, events, forthcoming national and international conferences, CPD seminars and more ...




Star-studded Symposium celebrates half century

A spectacular speaker line-up marks 50 years of Queensland’s biggest legal symposium

The Queensland Law Society 50th Anniversary Symposium, proudly sponsored by Vincents’ Chartered Accountants, is a significant milestone for the legal profession in Queensland and arguably Australia. With keynote speakers, including renowned Australian demographer Bernard Salt, leading international human rights counsel and author Geoffrey Robertson QC, and prominent consumer advocate and environmental campaigner Erin Brockovich, Symposium promises to not only educate, but also inform, inspire and challenge. Along with our esteemed keynotes, the program is brought to you by a cast of outstanding local Accredited Specialists, members of the Judiciary and the Bar, along with visiting guests from interstate and overseas jurisdictions.

The Chief Justice’s Annual Cricket match will also take place as part of Symposium celebrations.  Held on Sunday 1 April at Brisbane Grammar, Northgate; this ‘grudge match’ between Queensland’s solicitors and barristers dates back to 1965.  This event is not to be missed and will make for a great family day out for the legal profession.  A BBQ and refreshments will be provided on the day.

BAQ Accreditation
• 1 CPD point per hour of attendance
• 3 CPD points per hour of presentation

Strand Allocation
• Electronic exchange of documents in litigation and eTrials – Advocacy strand
• Ethics of costs – Ethics strand
• Criminal sanctions for OH&S failures – Advocacy strand
• Preparing for child exploitation cases – Advocacy strand
• Provocation and the defence of self-defence – Advocacy strand
• Moynihan Reforms – Advocacy Strand

To register or download the full program visit https://www.qls.com.au/pd/events/120330/day/1

david-north.jpgDavid North's sporting past

In light of David North's appointment to the Bench, younger members of the Bar might be interested in knowing something of his sporting past. Below is Walter Sofronoff's photo of David North's foward defensive stroke during a match in 1985 between the Bracton XI and Stephen Sheaffe's XI played at Marchant Park. Stephen is fielding at square leg in the photo. Shortly after the photo was taken, North was given out to a dubious lbw decision by 13 year old Roly O'Regan. North stood, hands on hip glaring at the youthful umpire but eventually walked. When asked why he had given the batsman out, Roly replied, "I wanted a bat".

QUT Public Lecture - Copyright Law and Policy

Monday 12 March 2012, 6:00p.m.

Gibson Room - Level 10, Z Block, QUT Gardens Point Campus

In this presentation Professor Samuelson will reflect on the evolution of copyright law in the last 20 years in response to the challenges of the internet age. In particular she will discuss the Copyright Principles Project – a copyright reform project which she initiated and led from 2007-2009. 

Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. Since 1996, she has held a joint appointment at Berkeley Law School and UC Berkeley's School of Information. Samuelson is a director of the internationally-renowned Berkeley Center for Law & Technology. She serves on the board of directors of the Electronic Frontier Foundation and the Electronic Privacy Information Center, as well as on the advisory boards for the Center for Democracy & Technology, Public Knowledge, and the Berkeley Center for New Media.

Register here.

National Taxation User Group Forum

18 April 2012 at 4.30pm EST

The judges of the taxation panel of the Federal Court of Australia propose to convene a “National Taxation User Group” Forum on 18th April 2012 at 4.30pm EST.

The judges of the taxation panel of the Federal Court of Australia propose to convene a “National Taxation User Group” Forum on 18th April 2012 at 4.30pm EST.

The objective of the User Forum is to provide a means through which members of the profession who practice, or those persons who have an interest, in the subject matter can raise issues of importance to them, provide feedback or make suggestions in relation to the Court’s practice direction (under Practice Note Tax 1) and case management practices more generally with respect to the resolution of taxation disputes. It also provides judges with an opportunity to engage such persons in discussion with a view, if thought necessary, to developing new directions and practices.

Judges who are members of the Taxation Panel will attend the Forum.

To achieve the objective set out above, it is proposed that the Forum will be interactive from all registries across the Court nationally through video conference from our Sydney registry. To ensure that there is the opportunity for considered debate/ discussion on as many topics and issues of interests on taxation matters, the Agenda will be structured, and the supporting issues papers will be circulated, in advance of the Forum.  In that connection, the Court welcomes and encourages anyone who would like to raise matters for discussion at the Forum to submit their issues papers in advance of the meeting.  In order to promote considered discussion and given this is a national meeting, the Forum will not be in a position to consider in any detail items which are not included on the agenda.  There is more information about what’s expected in that regard in the following paragraph. 

The purpose of this letter is to:

  • notify of you of the proposed date of the Taxation User Group Forum on 18th April 2012 at 4.30pm EST;
  • canvass your interest in attending and participating in the Forum and for organizations, the name(s) of those you will nominate to attend on your behalf;
  • invite in advance of the User Forum suggested topics or issues for discussion at the Forum. A brief written outline of the item / topic of interest for discussion together with your views on the issue and or options to be considered will need to be received no later than Monday 5th March 2012;

This invitation has also been sent to the Australian taxation Office, institutional bodies such as Law Societies, Bar Associations, Accounting Institutes and other professional associations, such as the Taxation Institute of Australia and others who practice before the court in taxation matters or are interested in or affected by decisions of the Court in taxation disputes.  If you are aware of other practitioners or bodies who practice in this area or who may be interested in attending this interactive discussion, please forward a copy of this letter to them.

Next Steps:

Before 4.30pm on 5th March 2012, please:

  • forward a brief note of any proposed topics for discussion outlining in sufficient detail the issue to be discussed, your views and proposed options;
  • advise the registry of the names of the representatives who would be interested in attending the Forum on behalf of your organization/ association.

Please respond by email to: nswevents@fedcourt.gov.au
The Court will send out a formal invitation confirming the date, registry location and meeting room details of the Forum once the agenda and the issues papers for the meeting have been settled.  Registration to attend the meeting will be essential.

If you require any further information in the meantime please send an email to the above address.

Yours faithfully

Michael Wall
District Registrar (NSW & ACT)

Tel: 02 9230 8544
Fax: 02 9230 8535
Email: michael.wall@fedcourt.gov.au


Rule of Law: Contemporary Issues Conference

20 April 2012, Hilton, Brisbane

The rule of law is a key concept which underpins Australia’s Constitution and its legal system. Upholding this fundamental ideal is the shared responsibility of judges, lawyers, academic scholars, public authorities and civic minded citizens – a task which requires eternal vigilance, sound scholarship and the continued scrutiny of legal and political developments.

The Rule of Law Institute of Australia and the Centre for Public, International and Comparative Law at The University of Queensland’s TC Beirne School of Law are proud to present the Conference on Rule of Law: Contemporary Issues with the support of the Queensland Bar Association.

Featuring a distinguished panel of senior judges and academics, the event promises lively debate on important issues arising in two areas of contemporary legal development.

The first session will explore the growing body of law and conflict on land management with the second session dedicated to recent developments in legal ethics. The Conference will end with a lunch featuring a legal presentation by a notable guest speaker.

This is an event that will appeal to lawyers, academics, public officials and members of the public who are interested in the all-important topic of the rule of law.

Program Details

Opening address: Professor Gerard Carney, Dean, TC Beirne School of Law, UQ

Session One: The Australian Parliament and the Rule of Law


  • Senator The Hon. George Brandis SC, Shadow Federal Attorney-General
  • Mr Graham Perrett MP, Chair, House of Representatives Standing Committee on
    Social Policy and Legal Affairs 

Session Two: The Rule of Law and Land Management Issues - Points of Conflict

Chair: The Hon. Justice Catherine E Holmes, Queensland Court of Appeal


  • Professor Douglas Fisher, Faculty of Law, QUT - ‘The Diversity of Interests in Environmental Governance: A Challenge for the Rule of Law’
  • Professor Suri Ratnapala, TC Beirne School of Law, UQ - ‘Vegetation Management Legislation: Emerging Issues for the Rule of Law’

Session Three: The Rule of Law and Legal Ethics - Points of Interest

Chair: Professor James Allan, TC Beirne School of Law, UQ


  • Professor Reid Mortensen, School of Law, USQ - ‘The Legal Profession National Law, an Ethic and the Rule of Law’
  • The Hon. Justice James Douglas, Supreme Court of Queensland - Title to be advised

 Keynote Address: The Hon. David F. Jackson AM QC, Barrister of Law, former Judge of Federal Court of Australia


Accreditation details: ROL120420 - 1 CPD point per hour of attendance, ethics strand.

Registration: Close of earlybird registration is Wednesday 29 February 2012. Standard, Student and Lunch registration must be received by Friday 13 March 2012.

For further details visit the conference website http://www.law.uq.edu.au/rule-of-law-conference


Supreme Court of Queensland Seminar

Saturday 4th August 2012, Banco Court

This seminar is being conducted to mark the opening of the new metropolitan courthouse and is set to be the event for 2012. The seminar represents a wonderful opportunity to attend the first function in the new court building and to listen, learn, mingle at an event to be remembered. CPD accreditation is available for attendance at the seminar, which will be followed by a cocktail reception.

The program features high calibre speakers in a range of interesting sessions:

  • The Hon Robert French AC, Chief Justice of Australia - The Courts and Parliament Commentator: Prof Gerard Carney, Dean of Law, University of Queensland
    Chair: The Hon Paul de Jersey AC, Chief Justice of Queensland
  • The Rt Hon the Lord Neuberger, Master of the Rolls - The Common Law: From Every Fountain of Justice
    Commentator: The Hon Justice Susan Kiefel AC, High Court of Australia
    Chair: The Hon Justice Margaret McMurdo AC, President

  • The Rt Hon Dame Sian Elias GNZM, Chief Justice of New Zealand - Not on Speaking Terms? The Executive and the Courts
    Commentator: The Hon Patrick Keane, Chief Justice of the Federal Court of Australia
    Chair: The Hon Justice Margaret White

  • The Hon Mr Justice Geoffrey Ma, Chief Justice of Hong Kong - Duties Owed to the Court: Fact, Fiction and Continuing Relevance
    Commentator: The Hon Marilyn Warren AC, Chief Justice of Victoria
    Chair: The Hon Justice Duncan McMeekin

  • The Rt Hon Lady Justice Hallett DBE, Court of Appeal of England and Wales - The Education of Judges
    Commentator: The Hon Wayne Martin, Chief Justice of Western Australia
    Chair: The Hon Justice John Byrne RFD

For further information and registration details click here .


Expressions of Interest Called

Legal Aid Queensland administers an arbitration program, mainly on the papers, for family law property matters.  The aim of the program is to ensure inexpensive and timely resolution of simple property-related matters.  As a result, the program carefully controls the timing of every step of the process, and places the arbitrator in an arms-length position from the parties.  At least one party must be a recipient of legal aid and both parties must be legally represented through the arbitration process. 

Following receipt of all relevant information the arbitrator will issue a decision. This will issue within 28 days of receipt of all information. Upon determination the arbitrator issues notification of their decision, and their reasons, to Legal Aid Queensland, which then forwards the decision to the parties.

Hearings are held on the papers.  There is no right of physical appearance before the arbitrator.  Parties may opt to make oral submissions to the arbitrator, which are usually limited to 20 minutes for each party, and are conducted by telephone.  The oral submission process is limited to one hour.  The arbitrator must provide a decision within 28 days of the oral submissions or the tendering of final documents, which then becomes binding on the parties.  Parties are encouraged to file the arbitral award in Court in the form of consent orders.

The property limits that apply to the program are $10,000.00 - $400,000.00 including superannuation. The property in dispute must fall within this range. There are a number of matters that may not be arbitrated in the Legal Aid Queensland system.  Most of these exclusions are designed to ensure that arbitrators are not presented with complex cases which are not readily amenable to a hearing on the papers.

The arbitrator fee is set at a fixed fee of $700.00 (7 hours at $100.00 per hour). Arbitrators are selected from the Legal Aid Queensland Arbitration Panel, the members of which are approved by Legal Aid Queensland and who meet the requirements set out under Regulation 67B of the Family Law Regulations.  In order to qualify for approval, arbitrators must be qualified legal practitioners with experience in family law matters, and must have completed specialist arbitration training run by a tertiary education facility or a recognised professional association of arbitrators.

For further information about the criteria for being placed on the Arbitrators panel maintained by Legal Aid Queensland or for a copy of the documents for admission to that panel, please contact:

Toni Bell, Manager Dispute Resolution Services 
07 3405 0771 or tbell@legalaid.qld.gov.au

Jay Cadiramen, Senior DRS Officer
07 3109 9131  or jcadira@legalaid.qld.gov.au

Jenna Harrison, Arbitration Officer
07 3405 0773 or jharris@legalaid.qld.gov.au

cane_toad.jpgPolitics & persuasion at SLQ

State Library of Queensland is getting political this summer, showcasing the history of persuasion with Cane Toad Times and Queensland Votes. Visit www.slq.qld.gov.au/whats-on to find out more.

Cane Toad Times

In two bursts of creative mayhem, from 1977–1979 and again from 1983–1990, writers, cartoonists and political activists came together to produce the humorous magazine Cane Toad Times. Its obsessions included cane toads, Big Things, Bubbles Bathhouse and exposing Queensland corruption.

With protest march posters, original copies of Cane Toad Times, photographs, t-shirts and artwork by cartoonists including John Shakespeare, Matt Mawson, and Judy Dunn, the Cane Toad Times exhibition will evoke the feelings of restlessness and discontent which inspired a generation to create their own medium to fight for what they believed in.

Open daily 10am–5pm, until 25 Mar 2012
Philip Bacon Heritage Gallery, level 4 - Free

Queensland Votes

Explore voting ephemera from Queensland political parties, dating as far back as the early 1920s. From bumper stickers, to political cartoons, t-shirts, flyers and even a life-size Lawrence Springborg cardboard cut-out — discover Queensland’s political past.

Open daily 10am–5pm, until 18 Mar 2012
Talbot Family Treasures Wall, level 4 - Free

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