Hearsay ... the Journal of the Bar Association of Queensland
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News, views, Practice Directions, events, forthcoming national and international conferences, CPD seminars and more ...

 

 

 

Annotated Civil Liability Legislation – Queensland, 3rd edition
Douglas, Mullins and Grant

Annotated Civil Liability Legislation — Queensland, 3rd edition is the essential companion for practitioners engaged in the conduct of negligence claims, whether in a commercial or personal injury context. This well renowned title is a unique and practical guide to the interpretation and application of the Civil Liability Act 2003 (Qld).

The publication of this 3rd edition coincides with the 10 year anniversary of the commencement of the Civil Liability Act 2003 (Qld). This edition has been updated to include comprehensive treatment of the proportionate liability provisions of the Act, which have changed the face of conduct of commercial and property damage claims arising in negligence and statutory misleading or deceptive conduct. It also contains cross-references to the cognate provisions of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), which from 1 July 2010 largely adopted the Civil Liability Act 2003 (Qld) provisions.

The well-defined annotated format of this text affords practitioners commencement and application
information, expert commentary by reference to case law and journal treatment, together with crossreferencing to interstate and federal analogues.

Features

  • Practical guide to the interpretation of the Civil Liability Act 2003 (Qld)
  • Useful cross references to the Workers’ Compensation and Rehabilitation Act 2003 (Qld)
  • New content on changes to the assessment of personal injury general damages quantum
  • Easy to access table of Injury Scale Values

About the Authors

Richard Douglas SC is a Senior Counsel in practice at the Queensland Bar. He has appeared in many of the Queensland cases concerning the proper construction of the Civil Liability Act 2003 (Qld), the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the Personal Injury
Proceedings Act 2002 (Qld).

Gerard Mullins is a respected authority on personal injury and tort law in Queensland and has written and presented extensively on tort related topics. He is currently a barrister in practice at the Queensland Bar and was formerly a lecturer and tutor in tort law at the Queensland University of Technology.

Simon Grant is a barrister in practice at the Queensland ar. He was the government policy offi cer involved in evelopment of the Civil Liability Act 2003 (Qld) and its egulation. His work since that time has involved a wide range f civil liability, workers’ compensation, administrative law,
resources law, mines safety and health prosecution matters.

Related LexisNexis Titles

Douglas, Mullins and Grant, Civil Liability Australia, Looseleaf


Exploring Queensland's Legal History with McKenna and Martin

supreme_court_book.jpgSupreme Court of Queensland: A Concise History by John McKenna SC

The Supreme Court of Queensland Library is proud to present the Supreme Court of Queensland: A Concise History, by John McKenna SC.  This volume celebrates the 150th anniversary of the Supreme Court of Queensland by charting its fascinating and sometimes tumultuous history.

A Concise History records every pivotal moment in the Court’s history, chronicling not only its phases of turmoil, regeneration and modernisation, but also the judges and barristers who formed its foundation and contributed towards the institution’s development. 

“The Supreme Court of Queensland today rightly enjoys its reputation as one of Australia’s most efficient and outward looking Courts.  Mr McKenna’s account of its progress towards that achievement is an invaluable contribution to the history of the State of Queensland, as well as, more broadly, to the study of the development of the rule of law in a liberal democracy.”
– The Honourable Patrick Keane, Chief Justice of the Federal Court of Australia

McKenna’s unique and captivating report of tensions between the Court and other branches of Government in the period surrounding World War I, as told from the view of the judiciary, is a particular highlight.  A further section features the biographies and images of all 112 Supreme Court Judges that have served Queensland from 1861 to 2012.

 “This truly excellent publication… is compendious and scholarly, as one would expect from this author, and above all readable and interesting – to all interested in one of the State’s pivotal institutions.”
– The Honourable Paul de Jersey AC, Chief Justice of Queensland

Bound in luxurious saifu cloth with red foil stamping on the cover and spine, A Concise History combines the visual elegance of a coffee-table book with a sophisticated account of Queensland’s legal history.

Supreme Court of Queensland: A Concise History, by John McKenna SC, is available from the Library and online at www.sclqld.org.au. Hardcover. $100.

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A New Courthouse edited by the Hon Justice Glenn Martin

Edited by the Honourable Justice Glenn Martin, A New Courthouse commemorates the Official Opening of the Queen Elizabeth II Courts of Law and the Supreme Court Seminar held on 3-4 August 2012.

A New Courthouse is a complete record of the proceedings held on both days.  Containing transcripts of the speeches made at the Official Opening and the papers presented at the Seminar by Chief Justice Robert French and the international guest speakers Lord Neuberger, the Master of the Rolls, Dame Elias, the Chief Justice of New Zealand, Chief Justice Ma of Hong Kong, and Lady Hallett of the Court of Appeal of England and Wales, this publication provides invaluable insight into the relationship between parliament, the executive and the judiciary.

“A New Courthouse… will appeal to all with a sense of history, and all worthy lawyers fall into that category.”
– The Honourable Paul de Jersey AC, Chief Justice of Queensland

As a memento of our new courthouse, it provides an opportunity for readers to reflect on the future direction of Queensland’s judicial system.

A New Courthouse, edited by Justice Glenn Martin, is available from the Library and online at www.sclqld.org.au. Softcover. $25.


Legalwise Seminars 2013

Legalwise Seminars are holding a number of seminars in Brisbane from 6 to 28 March 2013. A selection of seminars are listed below, however to download the full February and March brochures please click here .

Government Contracts

Wednesday 6 February 2013

Topics:

  • Commonwealth Contracts after Williams: Are They Safe? - Jamie Doran, Partner, Clayton Utz
  • Liability in Government Contracts - Joshua Paffey, Principal, McInnes Wilson Lawyers
  • Termination tor Default and Termination for Convenience Of Government Contracts - Jonathon Williams, Partner, Minter Ellison Lawyers
  • Procurement and Value for Money - Lindsey Alford, Barrister, and Eden Bird, Acting Senior Lawyer, Queensland Building Services Authority

 Debt Recovery Workshop: An Essential Guide

Wednesday 6 February 2013

Topic:

  • Debt Recovery: An Essential Guide through the In’s and Out’s, Tricks and Traps - Shane Williamson, Partner, ClarkeKann

 Estate Litigation

Wednesday 6 Feburary 2013

Topics:

  • Recent Developments Impacting Your Practice - Richard Williams, Barrister
  • Minimising Liability When Acting as an Executor - Christine Smyth, Partner, Robbins Watson Solicitors
  • Removal of Executors: Rights and Remedies - Stephen Carius, Barrister
  • Challenging a Grant of Probate: Merits, Evidence and Procedure - Glenn Dickson, Barrister

Will Drafting and Estate Administration

Wednesday 6 Feburary 2013

Topics:

  • Practical Tax Considerations in Will Drafting - Matthew Burgess, Partner, and Patrick Ellwood, Senior Associate, McCullough Robertson Lawyers
  • Key Issues in Intestacy: An Update - Michael Klatt, Partner, Mullins Lawyers
  • Dealing with Trusts and Companies in Estate Administration - Greg Cox, Special Counsel, and Laura Hanrahan, Associate, HopgoodGanim Lawyers

 Decision Making and Writing Reasons

Thursday 7 March 2013

Topics:

  • Evidence-Based Reasoning - Peter Roney S.C.
  • Ensuring Procedural Fairness in the Decision Making Process - Simon Grant
  • Integrity in Good Decision Making - Ken Kevy, Senior Member, Administrative Appeals Tribunal
  • Clarity in Reason Writing - The Honourable Justice Alan Wilson, President, Queensland Civil and Administrative Tribunal
  • Responding to Decision Challenges - Stephen Keim S.C.

 Managing Contractual Risk in Building and Construction

Thursday 7 March 2013

Topics:

  • Clauses to Manage Your Risk - Scott Lambert, Partner, Holding Redlich
  • Do You Need a 'Hot Tub'? A Consideration of the Benefits and Drawbacks of Experts Giving Concurrent Evidence - Jennifer McVeigh, Consultant, Minter Ellison Lawyers
  • Alliance Contracting: Insurance Implications and Ensuring "No Fault" does not Lead to "No Insurance" - Mark Waller, Partner, Clayton Utz

 Advanced Property Law Update

Thursday 7 March 20013

Topics:

  • Land Sales Act 1984 (Qld) - Holly Blattman, Barrister
  • Recent Developments Relating to Non-Freehold Land - Chris Boge, Special Counsel, Clayton Utz
  • Compulsory Acquisition: The Assessment of Compensation under the Acquisition of Land Act 1967 - Grant Allan, Barrister
  • Property Agents & Motor Dealers Act - Matthew Derrick, Partner, Norton Rose Australia
  • Body Corporate & Community Management Act - Shannon Moody, Barrister

 CPD Core Areas for Property Lawyers

Thursday 7 March 2013

Topics:

  • Ethics and the Property Lawyer - Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society
  • Drafting Do's and Don'ts - Kristan Conlon, Partner, McCullough Robertson Lawyers
  • E-Conveyancing: Current Update - Chris Amirtharajah, Chief Information Officer, Matthew Gillet, Head of Commercial Development, NECDEL


Melbourne Law Masters 2013

The Melbourne Law Masters (MLM) offers courses across more than 20 specialist areas. The 2013 program is now available and include new, discrete specialisations in Energy and Resources Law and Environment Law, and around 40 individual subjects that are offered for the first time. About 160 subjects are offered in the program each year and may be taken for credit towards an LLM, specialist masters degrees, graduate diplomas or on a single subject basis. Subjects are run intensively over five consecutive business days for the convenience of working professionals from throughout Australia. Teachers are drawn from throughout Australia and the world across law firms, the Bar, judiciary, corporations and government and quality is maintained by continual review and consultation with practitioner and academic experts in the field.

Applications are being accepted for 2013. Apply today. For more information visit www.law.unimelb.edu.au/masters/specialistlegalareas


Court Users’ Reference Group: Feedback Sought on Operations of State Courts

The Court User’s Reference Group meets regularly to discuss practical issues concerning the operation of the State Courts e.g. access cards, transcripts, delivery of service by the Courts etc. The Group comprises the Registrars from the various State Courts, representatives from the Bar, Law Society and other Court staff responsible for matters such as information technology and transcripts. At the Group’s last meeting in October a number of matters were raised: some provide information to the Bar and some require feedback from the Bar:

1. Video conferencing rooms available in QEII Courts Building. Two video conferencing suites have been designed for practitioners to speak with prisoners at correctional centres (a similar room is also available in the Roma Street Arrest Courts). The Supreme and District Courts want to facilitate practitioners utilising these facilities to save them having to travel out to those centres. In this regard, Elizabeth Wilson S.C. will be liaising with the Court Registrars.

2. Feedback on operations of QEII Courts Building. Concern was expressed about the acoustics of the court rooms e.g. walking on the floor causes excessive noise and the acoustics are so good that the ‘whispers’ of practitioners at the Bar table can be heard by the presiding Judge. Is there any other feedback from practitioners on the operations of the QEII Courts Building?

3. Brisbane Magistrates Court entrance arrangements. Practitioners can now enter the Brisbane Magistrates Court by showing an access card (similar to that which is used in the Supreme and District Courts). Any feedback?

4. Courts WiFi service. As of mid-September 2012, practitioners could access the Courts’ WiFi service by signing up to an account. Is there any feedback on the quality of the internet service being provided by this WiFi facility?

5. Transcribing and recording services to be outsourced. All transcribing and recording services across all Queensland Courts and Tribunals (including the Industrial Relations Commission and QCAT) will be going to tender by the end of November 2012. A contract is to be signed by the end of February 2013 with implementation to commence in March 2013. Substantial changes will need to be made to the Recording of Evidence Act to allow for this outsourcing to occur.

Anand Shah would be grateful to receive your feedback. His contact details are: telephone – 3003 0911; email – ashah@qldbar.asn.au.


ABA Advanced Trial Advocacy Course: Excellence in Advocacy

21–25 January 2013, Brisbane, Supreme Court of Queensland

This is a course run by the profession for the profession. The skills of a barrister are best learnt in an environment that is as close to the real experience as possible. This involves realistic briefs, proper preparation, and performance in real court settings.

Groups are small and the coach-to-participant ratio is high. Performances are recorded in court and are then reviewed separately by members of the coaching faculty that includes judges, senior members of the Australian and International Bars, and expert performance coaches.

The coaching faculty will include senior Judges, Australian and International counsel, as well as performance and voice coaches with expertise in voice, movement and impact.

This is a residential five day course that will develop your skills as an experienced barrister. The course focuses on developing your strengths in addressing, examining-in-chief and cross-examining.

2013 will see the introduction of a separate criminal brief, along with the current civil brief.
You can elect which brief you wish to prepare. Roles for Counsel will be allocated.

Testimonials:

The course was the best advocacy training I've ever had. And I have completed a great deal of advocacy training over 22 years. I believe that I am a much better lawyer all round for having completed the course. I'm also enjoying my work a great deal more because I have a good deal more to offer clients as a direct consequence of the things I learned, most for the first time, on the course.
Mark Healy
 
Of all the continuing professional education opportunities available to barristers, as a skills-based course I consider this stands head and shoulders above others.
Phil Looney
 
The best thing I have ever done for myself.
Anne Gibbons
 
The course is well run and the method suits the standard for an advanced course. The performance coaches are great as it helps experienced advocates to pay more attention to the style and performance aspects of their advocacy.
Kay Chan, Hong Kong Bar
 
Overall I found the course very beneficial. Positives for me were the opportunities to try different methods of advocacy, the high calibre of the coaches and the real time feedback for the performances. The real benefit of each exercise for me was thinking about the advocacy performance, the actual performance in Court and receiving the feedback from the coaches...
I greatly appreciated the brief analysis sessions with the silks. It was an education to see the depth of their thinking about the matter and it is one of the real benefits I have taken from the course...
I also note the general positive approach of the coaches which over the course of the week starts to boost one's self confidence and enthusiasm for work and this became a real benefit to me.
The accommodation, meals and venue were all particularly high standard.

Michael McCall
 
I have to say that the course exceeded my expectations. The course was thorough, intensive and comprehensive so that all aspects of working up a case for trial and its presentation were covered. The involvement of the performance coaches added an essential feature often missing from many advocacy courses and materials...
The direction given by the legal coaches was faithful, constructive and always helpful.
What else could be added to the course? Very little I suspect. When you are on a good thing stick to it.

David Bailey

Download the full brochure here.

Download the registration form here. 


 2013 Constitutional Law Conference and Dinner 

A major conference on constitutional law, the twelfth in a series, will be held at the Art Gallery of New South Wales on Friday 15 February 2013. The event is organised by the Gilbert + Tobin Centre of Public Law with the support of the Australian Association of Constitutional Law.
 
The conference will focus on developments in the High Court and other Australian courts in 2012 and beyond. The full program for the conference may be accessed here.
 
The conference will be followed by dinner at NSW Parliament House hosted by New South Wales Attorney-General, the Hon Greg Smith SC. The guest speaker at the dinner will be the Hon Justice Virginia Bell AC of the High Court of Australia.


BAQ Mediators Conference 2012

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