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


Welcome to the November 2016 edition of Hearsay.

A Valedictory Ceremony for His Honour Judge Clive Wall RFD QC was held in the Southport Courthouse on Friday, 30 September 2016. His Honour retired after 20 years of service on the court... read more

Bar Dinner 2016

Bar Dinner 2016
Issue 77: November 2016
Commentary on Legal Influences Commentary on Legal Influences– across Centuries and Borders* 26 August 2016 The Hon Justice A PhilippidesCourt of Appeal Justice Kiefel, your Honours, distinguished guests, ladies and gentlemenThe large gathering present to...Read More >>
Legal Influences – across centuries and bordersFreeleagus Oration By the Honourable Justice Susan Kiefel AC Alex Freeleagus was a prominent lawyer and businessman when I commenced practice as a barrister in the mid 1970s.  He had a n...Read More >> Legal Influences – across centuries and borders
In This Issue
Don’t Lose Access To The ICLR Law ReportsICLR Law Reports of English cases will be removed from LexisNexis and Westlaw in Australia and New Zealand on 1 January 2017. Read More >>
The Latest Report Card on Gender Equalityat the Queensland Bar and Bench The Honourable Justice Margaret McMurdo AC* Queensland Women Judicial Officers and Barristers, 23 June 2016 Your Honours, Vice-President of the Queensland Bar, ...Read More >>
Planning and Environment Court 50th Anniversary Dinner SpeechBy the Honourable Judge Michael Rackemann It is my pleasure to respond, on behalf of the Planning and Environment Court, to the toast proposed by the President of the Bar on this auspicious occasion...Read More >>
Response to Toast to the ProfessionBy Douglas Murphy QC Justice Bond; President Hughes QC; Distinguished Guests (already subjected to the roll call)….. and fellow members of the Queensland Bar. I remember when His Honour...Read More >>
Toast to the ProfessionBy the Honourable Justice John Bond The best of you Fellow judicial officers, my former colleagues at the bar, distinguished guests. The last time I proposed a toast at this dinner was in 2000, wh...Read More >>
Bar Dinner 2016 photosThe Annual Bar Dinner was held on 26 August 2016 at the Stamford Plaza, Brisbane. The event featured speeches by the Honourable Justice John Bond and Douglas Murphy Q.C., which are also included in th...Read More >>
Other People’s Money By William WildIntroduction It is notorious that few active fund managers can beat a market benchmark consistently enough to distinguish their performance from mere chance, and even then it is ef...Read More >>
Are Cancellation Fees a Penalty?By Anthony J H Morris QC At the Bar Association’s recent Sunshine Coast conference, I am told that one or more of the participants started a particular hare running with the proposition that can...Read More >>
High Court declines to hear third “adverse action” case in four years – CFMEU -v- Anglo Coal (Dawson Services) [2015] FCAFC 157 By Stephen Mackie On 20 June 2016, the High Court declined the CFMEU’s application for special leave to appeal from C...Read More >>
The United States Supreme Court and Gun ControlWhenever the question of gun control is broached in the United States the pro- gun lobby invariably invokes the Second Amendment to the Constitution (the Second Amendment) as giving the untrammeled ri...Read More >>
Applying an Effects Test Under s 46 of the Competition and Consumer ActBy Professor Stephen Corones In its Final Report released in March 2015, the Competition Policy Review Committee (Harper Review Committee) made some radical recommendations for the reform of Competi...Read More >>
Holt Prize 2017Australia’s richest law book prize for first time authors.Awarded every two years to a first-time author of an unpublished legal work of an academic or practical nature, the Holt Prize winner wi...Read More >>
Federal Court of Australia:Issue of New National Practice Notes on 25 October 2016 The Federal Court of Australia is in the process of implementing its National Court Framework (NCF) reforms. Under the NCF, the Court’s p...Read More >>
Speeches and Legal Articles of InterestCIVIL LITIGATION BRIEF Proving Things 31: Witnesses Tend to Remember What They Want to Remember Judicial Assessment of Expert Evidence: Not Simply a Case of Which Expert is Preferred BARRISTER MA...Read More >>
Japanese law students experience Brisbane take on Australian lawSeveral Japanese Osaka University law students visited QCAT on 28 September 2016, as part of the QUT ‘Brisbane Seminar on Australian Law’, a two-week program on Australian law, society and...Read More >>
Mercedes-Benz BrisbaneMercedes-Benz vehicles are renowned for quality, safety, luxury and performance. That's why cars with the Mercedes-Benz three-pointed star are the choice of those who demand the best.   &nb...Read More >>
Upcoming Events The following upcoming events may be of interest to members. Links to the further conference details and registration forms are also included below.    Breakfast Lecture Read More >>
Hanrick Curran Specialised accounting advice for barristers  Hanrick Curran has over 30 years experience helping legal professionals create and execute strategies to achieve greater success.  Read More >>
Book Review: Locating Crime in Context and Place– Perspectives on Regional, Rural and Remote Australia Editors: Alistair Harkness[1], Bridget Harris[2] and David Baker[3] Publisher: Federation PressReviewer: James McNab This book is an intere...Read More >>
Book Review: Industrial Relations Reform:Looking to the FutureEditors: Keith Hancock & Russell D Lansbury Publisher: The Federation Press Reviewer: Alexis N. Gage   “Knowledge is Power!” – ...Read More >>
Book Review: Children, Parents and the Courts, Legal Intervention in family life(Soft cover edition 187 pages) Author: John Seymour Publisher: The Federation Press Reviewer: Brian Morgan I was invited to prepare a review of this book, a few weeks after the Inqu...Read More >>
Book Review: SaltwaterAuthor: Cathy McLennan Publisher: University of Queensland Press Reviewed by Jennifer Hewson Saltwater is the powerful and compelling story of Queensland Magistrate and author, Cathy McLennan, d...Read More >>
Book Review: Leading Cases in Australian Law: A Guide to the 200 Most Frequently Cited Judgments Authors: Daniel Reynolds and Lyndon Goddard Publisher: The Federation Press Reviewed by: Angela Rae Read More >>
Book Review: Creighton & Stewart’s Labour LawSixth Edition (2016) (1138 pages, paperback) Authors: Andrew Stewart, Anthony Forsyth, Mark Irving, Richard Johnstone and Shae McCrystal Publisher: The Federation Press Reviewer: Gavin Rebetzke...Read More >>
Court of Appeal Judgment Summary Notes The 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. The...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 >>
ClassifiedsChambers for sale: Inns of Court, Level 20. Spacious room. River views to Toowong. Suit busy junior or silk. Floor has 11 occupants. Good mix of young and experienced cou...Read More >>
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