Hearsay ... the Journal of the Bar Association of Queensland
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From the Editor

icon_from_ed.jpgWelcome to the October 2014 edition of Hearsay. This edition marks the retirement of Chief Judge Patricia Wolfe AO.Chief Judge Wolfe was first called to the Bar in 1978 and practised at the Bar from 1983 to 1995 when she was appointed as a Judge of the District Court. ...  read more

Justice at Last – Civil Reforms and Other Goals
Issue 70: October 2014
 The Jackson Reforms and Civil Justice The Jackson Reforms and Civil Justice It is a pleasure to have been asked to speak to you today. My subject is civil justice reform, and in particular, the recent Jackson reforms in England and Wales. It is now just over eighteen months s...Read More >>
Capital Punishment“Intentional homicide for blood feud shall be punishable by imprisonment of not less than 30 years or life imprisonment”. T hese are the words of article 78/a of the Criminal Code o...Read More >> Capital Punishment
In This Issue ...
Innocent Diversions: Australian Legal Fashion ExhibitionWhen legal practitioners arrived from England as free settlers in the 1820s, despite the hot climate they adhered to British traditions of legal dress.  In some ways little has changed since then...Read More >>
Innocent Diversions: Australian Legal FashionI say not this, that I would never have a young gentleman accommodate himself to the innocent diversions in fashion, among those of his age and condition.  I am so far from having him austere and...Read More >>
ICLR Reduces Cost of Queensland ReportsIn a significant step towards reducing the cost of accessing the authorised law reports, the Queensland Council of Law Reporting has decided to reduce the cost of annual subscriptions to the Queenslan...Read More >>
Letter to the EditorOn Friday the 25th of July 2014, at the National Maritime Museum, Darling Harbour, Sydney, the ‘Rear Admiral Patrick Perry CBE, RAN (Retired) Award’ was presented for the first time. ...Read More >>
The Values and Functions of a Referral Advocate“Every counsel has a duty to his client fearlessly to raise every issue, advance every argument, and ask every question, however distasteful, which he thinks will help his client’s case. B...Read More >>
Media in the Law SeminarThe Association held a very successful seminar on Media in the Law on 16 September 2014. Guest speaker, Michael Chalos, a partner at K&L Gates, LLP in New York, delivered a very informative, ente...Read More >>
Written AdvocacyThe experienced advocate senses real danger when a judge asks: “Why isn’t that right?”  The import is obvious.  The opponent’s argument has already been accepted as p...Read More >>
Ball in a TriangleOn the afternoon of 20 September 2014, the Annual Bar Soccer Tournament was held at BBC’s grounds in Brisbane between the three eastern seaboard States.  The Queensland crowd consisted of A...Read More >>
Case Note: Counsel’s Duty in Cross-Examination – “Willing to wound, and yet afraid to strike”In Green v Emergency Services Telecommunications Authority [2014] VSCA 207 (judgment delivered 10 September 2014) the Victorian Court of Appeal ordered a new trial where judgment had been entered for ...Read More >>
Mercedes-BenzIntroducing the Mercedes-Benz Corporate Programme for Queensland Bar Association members. When you own a Mercedes-Benz, you become a part of a culture of excellence. It’s what defines us ...Read More >>
Reform to the Building and Construction Industry Payments Act 2004 (Qld)The passage of the Building and Construction Industry Amendment Bill 2014 (Qld) signals substantial reforms to the system in Queensland in which payment claims are made, progressed and adjudicated upo...Read More >>
Case Notes: Some Significant Decisions of the High Court of AustraliaBROOKFIELD MULTIPLEX LTD v OWNERS CORPORATION STRATA PLAN 61288 & ANOR  [2014] HCA 36 On 8 October 2014, in allowing an appeal from the NSW Court of Appeal, the High Court held that the ...Read More >>
CPD Events The following is a list of the Bar Association’s upcoming CPD events.  Read More >>
AMA Queensland Medico-Legal ConferenceAMA Queensland is holding its 2nd Annual Medico-Legal Conference on Saturday 1 November 2014 at Law Society House, 179 Ann Street. The program will feature keynote addresses from the new Health ...Read More >>
Richard Cooper Memorial LectureThe 2014 Richard Cooper Memorial Lecture will be held on Thursday 27 November 2014. This year, the lecture will be delivered by Dr Christopher Ward on the topic International Law and the South China S...Read More >>
Legal Articles of InterestABA JOURNAL Readers may find the following items published in the American Bar Association Journal of interest. Lance Armstrong’s Nemesis This article gives some of the background...Read More >>
Book Review: Criminal Law:Pre-trial Practice and Procedure Author: Michael Francis Lillas Publisher: Lillas Legal Publishing Pty Ltd 2014 Reviewer: Janice Crawford, Queensland Bar This publication is a practical handboo...Read More >>
Book Review: Justice in Arms: Military Lawyers in the Australian Army’s First Hundred Years Edited by Bruce Oswald and Jim Wardell Big Sky Publishing 2014, (575pp) Reviewer: Michael Burnett Read More >>
Book Review: Zahra & Arden’s Drug Laws in New South Wales3rd Edition Editors: Peter Zahra1  & Courtney Young2 Publisher: Federation Press Reviewed by James McNab This is the 3rd Edition of this book, the first being in 1991. It was updat...Read More >>
Book Review: Understanding Ethics, 4th EditionAuthor: Noel Preston Publisher: The Federation Press Reviewed by: Alexis N. Gage “Knowledge is Power!” – Auntie Mame1 Solid. I was given an opportunity to review Dr. ...Read More >>
Federal Court Case Notes These case notes have been compiled by Joanna Fear, Federal Court Library, Brisbane and appear courtesy of the Federal Court, Brisbane.   Read More >>
High Court of Australia Judgment Summary NotesThe following summary notes of recent decisions of the High Court of Australia provide a brief overview of each case. For more detailed information, please consult the Reasons for Judgment which may b...Read More >>
Court of Appeal Judgment Summary NotesThe following summary notes of recent decisions of the Queensland Court of Appeal have been prepared by Bruce Godfrey, Court of Appeal Research Officer. They provide a brief overview of each case. For...Read More >>
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