Hearsay ... the Journal of the Bar Association of Queensland
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In Brief - News and Current Affairs Print E-mail



Current affairs, news, Practice Directions, CPD Seminars, conferences and more ...



Swearing-in Ceremony for the Hon Justice Applegarth - 3 September 2008

The swearing-in ceremony to mark the occasion of the appointment of Peter Applegarth SC as a Justice of the Supreme Court of Queensland took place in the Banco Court on 3 September 2008. To download a copy of the Chief Justice's address to the Court, CLICK HERE.

Hearsay Readership Continues to Climb

Hearsay’s visitor numbers continue to increase as the website passes its first anniversary.

Since last reported in November 2007, there has been a consistent growth in visits each month, with a peak of 5701 visits in the month of June 2008.

In comparison, 2007’s peak month was in October, with 2966 visits. This indicates an increase of  more than 2700 visits.

Over the reporting period of December  2007 to June 2008, almost 27,000 visits were made to the site, and the average visitor looked at around seven pages of content and stayed for around 5 minutes.

Most visitors were from Australia, and the Barweb mass email was the chief referrer for visitors to Hearsay.

Overall, Hearsay continues to attracting increasing numbers of visitors, as well as retaining its core readership – barristers and other lawyers in Queensland.

June 2008 – Best Month So Far

In June 2008, more than 5700 visits were made to the site. This is an average of 190 visits per day, with a peak of 376 visits on 4 June, the day of publication of Issue 28 of Hearsay.

This was the most visitors to Hearsay yet recorded for a monthly period.

eTrials Pilot in Queensland Courts

An eTrial can be conducted in any Supreme or District Court in Queensland. In an eTrial, all documentary evidence is submitted as scanned images in fully text-searchable PDF documents. These documents are managed and viewed on-line throughout the trial while all other court processes proceed as usual.

During the 2008-09 pilot period, legal firms are encouraged to use this process for civil cases where there is likely to be more than 500 relevant documents. For more information, CLICK HERE.

World Bar Conference  - Dublin and Belfast


In June/July the World Bar Conference was held in Dublin and Belfast. Queensland was well represented as can be seen from the photograph of attendees shown during the course of the closing dinner after the end of the Dublin segment of the conference. Attendees participated in lively debates concerning human rights issues and unanimously voted in favour of a resolution condemning the breakdown of law and order and the abandonment of the Rule of Law in Zimbabwe. The conference was a great success and is next scheduled to be held in Sydney in 2010.

Greg Egan

Launch of Griffith University - Tony Fitzgerald Scholarship - 4 September 2008 

Griffith Chancellor, Ms Leneen Ford and Guest of Honour, the Hon. Tony Fitzgerald QC, were joined by prominent figures from the law, government, private sector, media and academia in the Red Chamber of the Queensland Parliament to highlight a 12 month program of activities to celebrate and continue the reforms instigated by the Fitzgerald Inquiry, an iconic moment in Queensland, and Australia's political history.

The fund-raising campaign launch was the first event in a program of activities to be held by Griffith University to acknowledge the reforms instigated by the Fitzgerald Inquiry Report released nearly 20 years ago, and through a high profile lecture and dedicated scholarship program that reflects the ethos of the Inquiry reforms.

2008 Richard Cooper Memorial Lecture - 10 September 2008

The 2008 Richard Cooper Memorial Lecture, Admiralty law - What is it good for?, was presented by Associate Professor Paul Myburgh, from the University of Auckland on 10 September 2008 at the Commonwealth Law Courts, Brisbane. 

cpd_logo.gifCPD Seminar 29 - International Arbitration - 10 September 2008

Greg Egan and Nick Ferrett were the presenters of CPD Seminar 29, International Arbitration, which took place in the Bar Common Room, Inns of Court on 10 September 2008. His Honour Justice Fryberg was the chair. Regional teleconferences are available. For more information, please contact the Bar Association Office on 3238 5109.


AILA National Conference - Seeking New Horizons - 17-19 September 2008

The 2008 National Conference of the Australian Insurance Law Association, Seeking New Horizons, will take place at Hamilton Island, Queensland on 17 September 2008. For more information, CLICK HERE.

ACCAL 3rd Annual Conference - 18-19 September 2008

The Australian College of Community Association Lawyers will hold their 3rd Annual Conference at Kingscliff, NSW on 18 and 19 September 2008. For further details, email enquiries@accal.org.au

AIAL Seminar - Dr Haneef and his Friends at the AFP - 25 September 2008 

Stephen Keim SC, Counsel in Haneef v Minister for Immigration & Citizenship, 2007, is the presenter of the Australian Institute of Administrative Law Seminar, Dr Haneef and his Friends at the AFP: An Administrative Lawyers' Feast Day? which will take place at the Bar Common Room, Inns of Court on 25 September 2008. For more information, contact the Bar Association Office on 3238 5109.

cla_conf.jpgCommonwealth Lawyers’ Association 25th Anniversary Conference - Jamaica - 16-19 October 2008

The 25th Anniversary Conference of the Commonwealth Lawyers' Association will take place at Montego Bay, Jamaica from 16 to 19 October 2008. The Commonwealth Lawyers’ Association (CLA) is an international organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth. For more information, CLICK HERE.

golf.jpgBench & Bar Golf Day - 26 October 2009

The Bench & Bar Gold Day will be held at Royal Queensland Gold Club on 26 October 2008. A presentation of the EJD Stanley Pertpetual Trophy will be made during luncheon by the Chief Justice to the winning pair and Chesterman J and Griffin QC will present their trophies to the successful players. For general enquiries please call Greg Egan on   (07) 3236 1388.

abalogo.gifThird ABA Residential Trial Advocacy Course - 19-23 January 2009 

Members are advised that registrations have opened for the Third ABA Residential Advocacy Course to be held at the Macquarie Graduate School of Management in Sydney from 19 to 23 January 2009. Further information can be obtained from Mr Chris D’Aeth on telephone 02 9229 1712 or via email cdaeth@nswbar.asn.au


aba_conf_london.jpgABA Conference, Strasbourg and London - 26 June to 1 July 2009

Expressions of interest are now being taken for the Australian Bar Associations Conference to be held in Strasbourg and London between 26 June and 1 July 2009. The conference will commence in Strasbourg with a full day session in the Grand Chamber of the European Court of Human Rights and will conclude with a Gala Dinner at Lincoln's Inn, London.The names of those interested will be placed on a Priority List to receive a registration brochure prior to any general mailout. Please send your full contact details to Dan O'Connor by facsimile to (07) 3236 1180 or by email to mail@austbar.asn.au


On 4 June 2008 an article was published on Creditor's Petitions in Bankruptcy by Mark Martin. Mr Martin has brought to the editor's attention that paragraph 32 of that paper contains an error in relation the adjournment of petitions where the debtor has executed an authority under Part X of the Bankruptcy Act 1966. Section 189AAA of the Act provides that where a debtor executes a valid authority pursuant to section 188 of the Act proceedings on a creditors petition are stayed until conclusion or adjournment of the meeting of creditors.

Federal Court Ruling

This item first appeared in the Sydney Morning Herald

A seven year old boy was at the centre of a courtroom drama yesterday when he challenged a court ruling over who should have custody of him.  

The boy has a history of being beaten by his parents and the judge initially awarded custody to his aunt, in keeping with the child custody law and regulations requiring that family unity be maintained to the degree possible.

The boy surprised the court when he proclaimed that his aunt beat him more than his parents and he adamantly refused to live with her. When the judge suggested that he live with his grandparents, the boy cried out that they also beat him.

After considering the remainder of the immediate family and learning that domestic violence was apparently a way of life among them, the judge took the unprecedented step of allowing the boy to propose who should have custody of him.

After two recesses to check legal references and confer with child welfare officials, the judge granted temporary custody to the New South Wales State of Origin team, whom the boy firmly believes are not capable of beating anyone.

The Barber and the Major Domo

Frank Connolly composed a ballad to commemorate the recent retirement of Bruno Cappalletti after 40 continuous years occupying the position of Building Supervisor at Inns of Court as well as Ross Coco, the Inns' favoured barber.


for Bruno Cappelletti and Ross Coco

Up in a Room
In the Heart of the City
The Barber plies his Trade
News and Views
While his Clients Lose their Hair
And passing Day
Finds all News of the Local World Exchanged.
With an Amiable Smile
And Italian Guile
Ross Coco’s Metropolitan Day
Moves on in Laughing Style.

He’s chosen a Name of Traditional Shame
Most of the Barristers came
A Crowd of Customers Suddenly changed
Into a Metamorphosis Game
From Drab Personalities in New Way
Instead of Ending in Pies
Discovering Humour in Pretty Dull Lives.
Here where Time Flying away
Instead of Murderous Legal Games.

The Demon Barber Laughs in an Innocent way.
He was a Young Theatrical Barber came
Some forty years ago.  When I went with a mate
To gain a Hair Style up to date
Matching the Flares of a Youthful game
In a New World opening then
Of Laughing Music.  Ultimate choosing
New ways then to Play
Changed our Game of Life and Liberty
Into the Old Italian Colourful way.

Ross Coco like Figaro
Could turn Life’s Weary Day
To moments of Laughter Remembered after.
Our Dream of Life became
Somehow more Endurable each Recurring day
When I lost my Hair but kept my Wig
So in Passing Time could find
All Care Vanishing Lightly away.

As had Happened not long Before
When Young Italian Bruno came
To the Inns of Court.  Proclaiming
Himself an Italian Restauranteur,
Though nearly broke
Having come from making Cars
To creating Epicure Dreams
Enough to whet the Taste
Of a hungry Bar at Cheapest rates.
So he nearly went broke.  It seemed
But the Fellows Liked him so
He soon became
Our Common Room Restauranteur.  His Wife could Cook.
So all Led on to Greater Fame
And he soon Became
General Factotum of All our Wayward
Chambers’ Easygoing Ways.
In a Mutually Understanding Game
Much as an Aussie family might behave.

Free Style and Liberty
In the Bar’s Traditional Way.
Who have so often to Represent
Doubtful Clients yet in an Understanding way.
While Governing all in Strict Decorum
We Flourished for sure.  And Bruno’s Style
Became his Aussie Sense of Humour Finally.

What was the Secret of Both these men?
And Why
Could both Characters now so Long Survive?
When so many others Fail to Find
Happiness or their Heart’s Desire.
On the other hand Both these men
Won in Affection a True Life Style
Finally so Unique.
In this South Land of the Holy Ghost
A Great Land where both
Came from a World had Lost in War
A Sense of the Love of Life.  In all
Reappearing here in a Strange New Land.
Both endowed with Minimal Dough
Yet Something more Worthwhile in Both
A Sense of Traditional Grace in Life.
With a Sense of Humour too
Giving the Game a Go.  In Time
Win or Lose Both Heroes Ventured
Fearless Aussie Dagoes.  Both
At the End of the Earth Arriving alone
Such Magnificent Blokes
Here found a Happy Ending
Just as our own Forbears had Long Ago.

Frank Connolly

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