Author: Jane Harper

Publisher: Macmillan

Reviewer: Stephen Keim

A phone call in March changed the course of my year in 2016. I accepted an item of work which took up the next five months. Its demands squeezed out many of the more pleasurable aspects of my normal routines and replaced them with an ascetic rhythm of their own. Among the things that received the flick was my participation in the Blokes’ Book Club.

It was with singular pleasure then that, one balmy night in late October, I was off to John’s Tuscan villa in Saint Lucia having read the designated book and prepared to take part in discussions.

The Dry uses a well-worked theme of mystery thrillers, namely, the return to the home town of the protagonist who has left and made a life in the city. The return unravels memories and brings back events and conflicts which have been forced below the concerns of day to day thought. The past and present rush towards one another until mysteries that haunt both are finally laid bare.

The returning child of the town, on this occasion, is Aaron Falk, an AFP investigator who specialises in fraud and money laundering. He is returning for a funeral. His childhood best friend, Luke Hadler, amid the desperation of a long drought, has used his shot gun to kill his wife, Karen, his son, Billy, and himself. Only his infant child has been spared.

Aaron intends to make the barest of social catch ups before his return to Melbourne. He does not feel comfortable in this town. Another scandal involving suspicion attaching to his father for another death had driven both father and son to the city when Aaron was in his late high school years. A lie told by Aaron at that time, at the behest of the now dead Luke, had heightened the suspicion that fell on father and son. Luke had urged Aaron to lie, purportedly, for Aaron’s benefit at the time but, in the light of recent events, Aaron is not now so sure.

Aaron runs into Gretchen, Luke’s high school sweetheart, in the grounds of the church. Along with the Ellie, whose drowning death had led to the departure of Aaron and his father, Gretchen, Luke and Aaron had made a close foursome in the years before the tragedy of Ellie’s death had brought everything apart.

A phone call from Luke’s Dad, Gerry, forces Aaron to do what he knew he had to do: visit Gerry and Luke’s Mum, Barb. Apart from being his best friend’s mother, Barb had been the closest thing to a mother that Aaron had ever experienced. His own mother had died before he had known her.

Barb and Gerry have a request. They think murder suicide is too pat an explanation for this tragedy. They want Aaron to make some inquiries to second guess the explanation which has been accepted by the police from the nearby regional centre who have conducted a cursory investigation. Reluctantly, pleading that this kind of investigation is not his thing, anyway, Aaron agrees to look at the books from Luke and Karen’s farm and make a few other inquiries to see what he can find out.

Gerry and Barb’s perhaps natural misgivings turn out to be shared by the local police constable, Greg Raco. There are aspects of the killings that do not quite add up to murder suicide, such as the positioning of Karen’s body (as if she had been answering the door to a visitor) and the shot gun cartridges, not the brand normally used by Luke for work around the property.

Aaron is unable to avoid other actors from his previous life in the town. Grant Dow, the school bully, from Aaron’s days in school has graduated to the role of town bully. In this regard, he has inherited the mantle from his uncle, Mal Deacon. Mal is still alive but, as Aaron observes, is losing aspects of his mental acuity. Mal’s part in Aaron’s past life is particularly acute since he is not only Ellie’s father but, in his role of aggrieved parent, was instrumental in driving Aaron and his father from town.

The Dry is a first novel. Ms. Harper won the Victorian Premier’s Literary Award for an Unpublished Manuscript. She brings to the task of her first novel, however, the skills of an accomplished journalist having worked as such both in Australia and the UK.

The Dry is narrated in the third person. The narrator, however, most of the time, is not omniscient but, rather, is restricted to the knowledge and feelings of Aaron Falk. Ms. Harper uses the additional device of a truly omniscient narrator, identified by italics, for flashbacks and other circumstances where the atmosphere of the novel requires a wider perspective. The technique proves very effective.

In any mystery piece of art, the reader is continually invited to ask whether a particular event or piece of information is key to the novel’s eventual resolution or whether it is mere detail designed to distract the reader. The Dry is remarkable for the extent to which everything contributes to the novel’s denouement. Even the extreme drought conditions are more than mere atmosphere and a false explanation for the deaths of Luke, Karen and Billy. The dry conditions play a key role in the dramatic scenes at the conclusion of the novel. The Dry is also remarkable for the way in which the involvement of the distant past influences the present mystery. The reader’s search for the solution will vary according to whether she thinks there is one mystery to be solved or two.

The blurb on the front cover quotes David Baldacci describing The Dry as one of the most stunning debuts that Mr. Baldacci has ever read. The members of the Blokes’ Book Club did not go that far in their praise (but they are a hard mob to please). They did think, however, that The Dry was a very well thought out and well-executed work. Ms. Harper obviously benefits from her experience as a journalist and the pre-honed skills this allows her to bring to the task.

As well as the handling of the mystery, the novel develops and works its characters well. The reader comes to identify with Aaron as his investigations reveal much about him. Most moving, however, is the pathos of the last weeks and days of Ellie Deacon’s life before her drowning death. Although the reader comes to the subject decades after the events and learns about Ellie in small dribs of information, the experience is, nonetheless, compelling. Of all the tragedy revealed in The Dry, this is what is most likely to move the reader to tears.

Stephen Keim

On 4 May 2016, the High Court handed down its decision in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16.

There were two main issues on the appeal. The first was whether the advocate’s immunity from suit extends to negligent advice which leads to an agreed settlement. The second was whether the Court should reconsider its previous decisions on the advocate’s immunity.

The Court unanimously declined to reconsider its previous decisions on the advocate’s immunity, but held, by majority (French CJ, Kiefel, Bell, Gageler and Keane JJ; Nettle and Gordon JJ dissenting), that the immunity does not extend to negligent advice which leads to an agreed settlement.

A detailed analysis of this important decision will be included in the next edition of Hearsay.

The Court’s decision, as well as links to the transcript of the hearing and the parties’ submissions, can be found here.

Josh Underwood

Conveniently located on George Street, in the heart of Brisbane’s Legal and Financial Precinct, Tiktak Clothing Alterations and Dressmaking are the professional attire specialists. 

 

Welcome to the latest edition of Hearsay.

With the year now in full swing, we have been able to bring readers an interesting variety of papers, book reviews and other items of interest. There are also a number of very important events coming up that will be of interest to readers, details of which are included in this edition. I commend them to you.

Appointment of Solicitor-General

Peter Dunning QC was appointed Solicitor-General on Thursday, 10 April 2014.

Mr Dunning was called to the Bar in 1992 and took silk in 2005.

He has extensive experience in a broad range of commercial matters including appellate matters, constitutional and public law and Royal Commissions and inquiries.

As an aside, Mr Dunning’s appointment comes almost 250 years after that of his namesake, John Dunning, the 1st Baron Ashburton, appointed solicitor general in England in 1768, who was notable for, among other things, having defended the radical John Wilkes against charges of seditious and obscene libel.

Contributions

Many thanks to those that have contributed papers and other items for inclusion. As I mentioned in the last edition, contributions are welcome and I am happy to discuss proposed contributions at any time.

In the next edition we plan to include a review of the upcoming Federal Budget and how it will affect the profession, as well as some useful tips for the inevitable end of financial year rush.

Happy reading.

Adrian Duffy

Welcome to the last edition of Hearsay for 2013. This edition features a number of excellent articles, book reviews and other items that will hopefully be of interest.

Since the last edition we have seen the sad passing of one of the luminaries of the law, the late the Hon Bruce McPherson CBE QC. Included in this edition is a fitting memorial kindly written by Justice Keane. Justice Dowsett also kindly agreed to a copy of the eulogy delivered by him being included.

We have also seen the untimely passing of the Hon Neil Buckley, formerly of the Family Court. A tribute by Justice Kent of the Family Court is included in this edition.

Readers will be particularly interested in the excellent review by Roger Derrington QC of John McKenna QC’s outstanding book Supreme Court of Queensland: A Concise History.

Also included is an interesting and thought provoking speech by Lord Pannick QC delivered to the Bar Council of England and Wales Annual Conference held recently.

There are many other fine articles and book reviews for readers’ holiday enjoyment.

Congratulations to all the new judicial appointments and the new silks. Peter Davis QC takes the Presidency of the Association, and together with Vice President Shane Doyle QC and new Bar Council come to the task at a challenging time. Congratulations and good luck go to them for the year ahead.

Thanks also to Roger Traves QC whose term as President has concluded and who can now take a well deserved break from those challenges.

As well as challenges, there are many exciting things taking place in the coming year. The Bar Practice Course has now taken up residence at the Inns of Court. The Bar Conference in March 2014 promises to be an interesting and informative event. Members are encouraged to read the first hand accounts by Sue Brown QC and Jeremy Sweeney on the advocacy courses and to consider taking those courses.

This is the first edition for the new editorial team. Thanks to Geoff Diehm QC and his team, and in particular Jennifer Hewson, to the previous editor Martin Burns QC for his kind advice and ready offers of assistance and to Greg Hale and the publication team for their efforts and help in the transition. We have been lucky to be the beneficiaries of the work done by my predecessors in making Hearsay the fine publication it is today. All errors and shortcomings are, however, entirely those of your current editor.

Best wishes to all members and readers for a safe and happy and possibly even relaxing festive season. Hearsay will be back in the new Court Year.

Adrian Duffy

Edited by Justice Debra Mortimer , Federal Court of Australia

Publisher: The Federation Press

Reviewed by Kate Blackford Slack

Administrative Justice and its Availability is a collection of papers that were presented at a joint conference of the Federal Court of Australia and the Law Council of Australia held in Melbourne in August 2014.

The profundity of each of the papers demonstrates the important contribution to the practice of public law that this conference provides. A brief summary of each of the papers is outlined below.

First in the collection is an address titled ‘Administrative Law: The Challenges of the 21^st Century’ that was written and presented by Justice Dennis Davis, a judge of the Western Cape High Court and President of the Competition Appeal Court of South Africa.

In his paper, Davis J sought to address whether there are core values of judicial review that transcend national boundaries and constitutional frameworks. After acknowledging that ‘context is everything in law’, Davis J identified that the South African executive government and its administration are ‘neither well-resourced nor experienced’ which, he believed, placed the South African courts under increasing pressure to step in to make up for the administration’s shortcomings.

This expanded role for the courts means that there is not an equal distribution of what Davis J identified as being ‘critical to the process of review’, namely, participation and accountability.

A result of the administration bearing less than its fair share of the load is that government officials ‘make little effort to implement legal decisions or to adhere to the specific terms of court orders’.

While Davis J considered that his country’s experience was less than optimum, he was keen not to encourage a complete judicial withdrawal from regulating public life. Using the example of the Roberts court in the United States, His Honour concluded that extracting courts from their role in providing administrative remedies ignores the continuous tension between the ‘legitimate province of the legislature and the executive, and the framework of rights within which the democracy must operate.’

In his address titled, ‘Rationality and Reasonableness as Grounds of Review’, The Hon William Gummow AC discussed the principles of rationality and reasonableness and their implication for the scope of judicial review powers. His Honour conducted an analysis of applicable constitutional principles, considered the distinctions between public and private law and addressed the Australian systems of statutory review.

The address ends with an assessment of the current terrain. In doing so, His Honour provided a suitable introduction to the two addresses that follow, namely, those delivered by Justice Gleeson SC and Kristen Walker QC, respectively titled ‘Taking Stock after Li’and ‘Judicial Review for Unreasonableness or Irrationality: The Role of Proportionality’.

In his address, Gleeson J comprehensively analysed Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 and concluded that, as a result of the majority’s reasoning in Li, there is effectively an onus on administrative decision-makers to provide reasons that demonstrate how they have weighed the evidence to avoid both express and inferred error.

In her address, Kristen Walker QC discussed the role of proportionality post-Li and the distinction between power and discretion and the implications for rationality, reasonableness and proportionality.

Justice Alan Robertson, in his address, ‘The Contemporary Approach to Jurisdictional Error’ draws on the views of Sir Stephen Sedley to remind the reader that unreasonableness, in the Associated Provincial Picture Houses Ltd v Wednesday Corporation [1948] 1 KB 223 sense, was not a radical invention of 20^th century jurisprudence but was the result of a long line of authority ‘belonging to a depressing catalogue of abdication and as another example of failure to apply an elementary rule of public law (pursuant of a collateral purpose — text book ultra vires) …’

A comprehensive overview of the authorities that apply to the issue of whether a decision-maker’s failure to provide adequate reasons means that a decision is infected by jurisdictional error, is provided by Stephen McLeish SC in his contribution, ‘Reasons, Reasoning and Jurisdictional Error’.

Margaret Allars SC, in her address titled, ‘The Distinction between Jurisdictional and Non-jurisdictional Errors: Its Significance and Rationale’, examines the distinction between jurisdictional and non-jurisdictional errors in the seminal cases of Craig v South Australia (1995) 184 CLR 163 and Kirk v Industrial Court (NSW) (2010) 239 CLR 531.

Using the no evidence ground as an example, Ms. Allars then evaluated how the distinction operates in practice and concluded that there is little support for the distinction.

In her address titled, ‘Accessibility, Merits Review and Self-represented Litigants’, Melinda Richards SC addressed the accessibility of merits review for self-represented litigants. She pondered the following four areas that bear on that question: practical measures to improve accessibility; the role of the model litigant; the obligation to afford a fair hearing; and inquisitorial versus adversarial justice.

In the final address titled ‘Constitutional Writ Review and the ADJR Act’, Neil Williams SC provided a concise synopsis of the scope of review under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) compared with constitutional writ review at common law. The reader is gently reminded that ‘each mechanism of review has its own complex limitations, and the prudent pleader would plead, or at least consider, all available avenues of relief’. That is especially so given, for example, the gradual elasticity of the test of unreasonableness at common law compared to the static statutory test provided in the ADJR Act.

The compilation ends with in-depth summaries of four panel sessions that contemplated: the contemporary approach to jurisdictional error; administrative review in other jurisdictions; federal administrative law and accessibility; and, constitutional writ review and the ADJR Act: ships in the night?

All contain insightful perspectives offered by practitioners and jurists, well qualified to comment.

This collection is highly recommended to those interested in the current state of public administrative law principles.

Kate Blackford Slack

CPJ17 v Minister for Immigration and Border Protection [2018] FCA 1241

In this case, Charlesworth J had before her for consideration whether Rule 4.03 of the Federal Court Rules 2011 required a barrister, acting on a direct access brief, to file a notice of acting.

Rule 4.03 provides:

4.03 Appointment of a lawyer—notice of acting

If a party is unrepresented when a proceeding starts and later appoints a lawyer to represent the party in the proceeding, the lawyer must file a notice of acting, in accordance with Form 4.

Note: File is defined in the Dictionary as meaning file and serve.

The question arose in migration proceedings in which the applicant was not represented by any lawyer when the proceeding commenced but subsequently came to be represented by a barrister acting on a direct access brief. The barrister had not filed a notice pursuant to Rule 4.03. The Bar Association of New South Wales intervened on an application by the barrister for a declaration that such a notice was not required.

The Association argued, inter alia, that Rule 13 of the Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) gave rise to an inconsistency with Rule 4.03. The Barristers’ Rule provided:

13. A barrister must not …

…

(d) act as a person’s only representative in dealings with any court, otherwise than when actually appearing as an advocate;

(e) be the address for service of any document or accept service of any document;

(f) commence proceedings or file (other than file in court) or serve any process of any court;

…

Plainly enough, if Rule 4.03 did oblige a barrister in the circumstances to file a notice of acting, there was a potential inconsistency such as to invoke the operation of section 109 of the Constitution, with the effect that relevant section of the State delegated legislation (the Barristers Rules) would be invalidated.

Her Honour found, after detailed consideration of the context of the Rules and their purpose, that Rule 4.03 did not operate to require a barrister acting on a direct access brief basis to file such a notice.

That did not, her Honour observed, mean that where a document was prepared by a barrister acting in such a matter, the obligation in Rule 2.16 did not apply. That Rule provides:

2.16 Details at foot of each document

(1) A document filed in a proceeding must contain the following information under a horizontal line at the foot of the front page of the document:

(a) the name and role of the party on whose behalf the document is filed;

(b) the name of the person or lawyer responsible for preparation of the document;

(c) if the party is represented by a lawyer—the telephone number, fax number and email address of the lawyer;

(d) if the party is not represented by a lawyer—the telephone number, fax number and email address, if any, of the party;

(e) the address for service of the party.

Thus, where a barrister acting on a direct access brief prepares a document filed in a proceeding, there must be compliance with Rule 2.16 and the barrister’s name must appear accordingly.

Adrian Duffy QC

Welcome to the latest edition of Hearsay. Much has happened since the last edition and we have an interesting array of pieces for your reading pleasure.

Vale

Since the last edition, we have seen the passing of the Honourable James Patrick O’Hara Barry, a former Justice of the Family Court of Australia.

Justice Barry retired from the Family Court of Australia on 27 June 2011 after 27½ years of service. He was the first judge appointed to the Townsville registry of the Court and served there from 1983 until 2000 when he transferred to Brisbane. In 1988 his Honour was also appointed a Presidential Member of the Commonwealth Administrative Appeals Tribunal.
We also saw the passing after a short illness of one of our members, Guy Burridge who was called to the Bar on 8 November 1999. 

Valedictory Ceremony for The Honourable Paul de Jersey AC, Chief Justice of Queensland

Members are reminded that the Valedictory Ceremony in honour of the retiring Chief Justice, the Honourable Paul de Jersey AC, will be held on Friday 27 June 2014.  The ceremony will be held at 9.15am in the Banco Court, Level 3 Queen Elizabeth II Courts of Law, 415 George Street, Brisbane.
 
Queen’s Birthday Honours

Congratulations go to her Honour Chief Judge Patricia Mary Wolfe who was made Officer of the Order of Australia (AO) in the Queens’ Birthday Honours List. The citation read:

For distinguished service to the judiciary, to the law through legal education reform, and as a mentor and role model for women.

Her Honour was admitted as a barrister in 1978. She served as Deputy Commissioner in the Commission of Inquiry that became known as the Fitzgerald Inquiry. Her Honour was appointed to the District Court in 1995 and became Chief Judge in 1999.

New Chief Justice

The Honourable Judge Tim Carmody QC, the Chief Magistrate, has been appointed as the next Chief Justice of the Supreme Court of Queensland to succeed the Hon Paul de Jersey AC, on 8 July 2014.

Judge Carmody was admitted to the Bar in 1982 and took Silk in 1999. From 1987 to 1989, he was Counsel Assisting the Fitzgerald Inquiry into police corruption. From 1996 to 1997 he was Counsel Assisting the Inquiry into the Criminal Justice Commission and from 1998 to 2002 he was the Queensland Crime Commissioner. In 2003 he was appointed a judge of the Family Court of Australia, a position he held until 2008. Prior to his appointment as a District Court Judge and Chief Magistrate in September 2013 he served as Chairman of the Queensland Child Protection Commission of Inquiry.

Congratulations and best wishes go to his Honour for the challenge ahead.

Resignation of Davis QC

On a sad note for the bar, Davis QC recently tendered his resignation as President of the Bar.

Davis QC was called to the bar in 1990, having first practised as a solicitor since 1984. He took silk in 2005. He has been a member of the Bar Council since 2007 and has served as Chair of the Criminal Law Committee and Professional Conduct Committee and as Vice President prior to becoming President.

Members will no doubt join in expressing gratitude to him for his sterling service.

New Bar Office Holders

Doyle QC succeeds Davis QC as President of the Bar. Doyle QC has practiced as a barrister since 1987 and took silk in 1995. He had previously practised as a solicitor for some years. He has been a member of the Bar Council from 2002 to 2008 and from 2011 to date, and of course recently served as Vice President. He has been Chair of the Commercial Law Committee since 1996.

Diehm QC has become the new Vice President of the Bar. He was called to the Bar in 1991 and took silk in 2008.

Hunter QC has taken up the vacant position as member of Council. Hunter QC was called to the Bar in 1987 and took silk in 2008.

Congratulations and best wishes to each of them for the challenges ahead.

Happy reading.

Adrian Duffy

Judicial Appointments

A Valedictory Ceremony to honour and farewell the Honourable Justice John Dowsett AM of the Federal Court of Australia, was held on Thursday 26 April 2018. A copy of the President’s speech on that occasion may be accessed here .

The following day, his Honour took up appointment as President of the National Native Title Tribunal.

Congratulations also to the following whose appointments were announced since the last edition:

His Honour Judge Michael Williamson QC and his Honour Judge Nathan Jarro to the District Court of Queensland. A copy of the President’s speech on the occasion of the welcoming ceremony on 12 April 2018 may be accessed here .

His Honour Judge John Coker to the District Court of Queensland.

Mr Glen Cash QC, member of Bar Council, as a Judge of the District Court of Queensland, based at Maroochydore.

His Honour Judge Steve Middleton as a Judge of the Federal Circuit Court of Australia, Townsville.

Ms Viviana Keegan and Ms Philippa Beckinsale as Magistrates. A copy of the speech by the Honorary Treasurer, Mr Bradley QC, at the welcome ceremony held on 20 June 2018 may be accessed here

Mrs Tracyann Mossop as a Magistrate based in the Ipswich region before transferring to Dalby.

Mr Terence Browne as a Magistrate in Cairns before being appointed to Townsville.

Queen’s Birthday Honours

Congratulations to the following members of the judiciary who were recognised in the Queen’s Birthday Honours List.

The Honourable Justice Alfred Martin Daubney AM, for significant service to the law, and to the judiciary, to education, and to the community.

His Honour Judge Stuart Gordon Durward AM, for significant service to the law, and to the judiciary, to the provision of legal services to the Australian Defence Force, to education, and to the community.

His Honour Judge Michael John Shanahan AM, for significant service to the judiciary and to the legal profession as a judge and as an advocate and mentor for juvenile and Indigenous justice issues.

Judge Josephine Willis AM of the Federal Circuit Court of Australia, for significant service to the judiciary, and to the law, to Indigenous access to justice initiatives, and to cultural diversity.

Other Appointments

Mr Kenneth Fleming QC was appointed as the first Independent Commissioner Against Corruption (ICAC) in the Northern Territory.

Retirements

a Valedictory Ceremony to honour and farewell His Honour Judge John Robertson of the District Court of Queensland, will be held on Thursday 17 May 2018

a Valedictory Ceremony to honour and farewell Magistrate Bernadette Callaghan of the Magistrates Court of Queensland, will be held on Friday 22 June 2018.

Vale

The Honourable Kevan John Townsley passed away, at the age of 88 years.
Judge Townsley was first admitted as a Barrister-at-Law on 13 April 1955.
In his distinguished career, he was a former Crown Prosecutor, former Magistrate in Hong Kong and a former Judge of the High Court of Fiji.

Graham Charles Rhead who was called to the Bar on 7 November 1977, passed away on Tuesday 19 June 2018. He was 70 years of age.

Kevin Barry Harcourt Egan RFD who was called to the Bar on 6 June 1983, passed away on Sunday 17 June 2018. He was 71 years of age. Mr Egan was a former DPP of Papua New Guinea before his admission to the Hong Kong Bar in 1980, where he continued to practise until his death.

Leo Joseph Murray CB QC passed away on Thursday 21 June 2018. He was 91 years of age. Mr Murray was called to the Bar on 21 December 1951, and practised until 1989. He was a former Crown Prosecutor and Parliamentary Counsel. He appeared at the trial, and the subsequent appeals up to the High Court for the first criminal prosecution in Australia to convict on circumstantial evidence alone: Plomp v R (1963) 110 CLR 234. The High Court upheld Plomp’s conviction. He was appointed Queen’s Counsel for the State of Queensland on 11 November 1980 and was awarded as a Companion of the Order of the Bath, on 21 June 1986.

Bernard Joseph Catt who was called to the Bar on 22 September 2006 also sadly passed away, aged 46 years.

Paul Marshall Mason, who was called to the Bar on 11 November 1999, passed away on Wednesday 22 August 2018. He was 65 years of age. Mr Mason was a former Commissioner for Children in Tasmania and a well-regarded Family Law Barrister in Brisbane

Queensland Legal Walk and Donation to Lawright

On Tuesday 15 May 2018 hundreds of lawyers, judges and supporters participated in the 2018 Queensland Legal Walk, which recognises the role of the profession in undertaking pro bono work and, most importantly, raises funding for LawRight.

The Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice and the Honourable Walter Sofronoff, President of the Court of Appeal, joined participants on a chilly early morning walk from the Queen Elizabeth II Courts of Law complex, to Parliament House, over the Goodwill Bridge, along the Clem Jones Promenade and back across the Kurilpa Bridge.

A number of members participated in the Legal Walk by walking in the Bar Association team, in their chamber’s teams, or made a donation to LawRight in support of the walk.

Of particular note, North Quarter Lane Chambers raised over $9,000 for LawRight. The Bar Association of Queensland team raised approximately $5,000. In total, the walk has raised almost $100,000 for LawRight.

LawRight (formerly the Queensland Public Interest Law Clearing House “QPILCH”) is an independent, not-for-profit, community-based legal organisation coordinating the provision of pro bono legal services for individuals and community groups in Queensland.

LawRight is a partnership of law firms, barristers, the Community Legal Centres Queensland, the Queensland Law Society, the Queensland Bar Association, Legal Aid Queensland, university law schools, accountancy firms and government and corporate legal units. Its Patron is The Honourable Catherine Holmes, Chief Justice of Queensland.

LawRight operates a civil law referral service and direct legal services for particular disadvantaged client groups, and undertakes law reform, policy work and legal education.

Donations can be made at any time at LawRight’s Donation Page.

Supreme Court Library

Recently the President announced that the Association had concluded an agreement with the Supreme Court Library Queensland (SCLQ) for SCLQ to become the BAQ member library. The President reminded members that the library is a great resource and recommended the Library facilities and services to all members.

BAQ members are able to access a range of free library services online, in person, and by subscription, including:

• legal research – up to 30 minutes of free research assistance a day
• document request service (copies of judgments and other documents not available online) – up to 10 free documents a day
• resource support and guidance – learn how to get the most out of the library’s databases, collections and subscriptions

New barristers (called to the private bar less than 3 years ago) will also have access to the Virtual Legal Library (VLL). VLL provides free online access to over 100 key legal resources in the areas of civil, criminal and family law from leading publishers including LexisNexis, Thomson Reuters and CCH. Available publications include core commentary services, law reports, textbooks and journals.

Brisbane Open House 2018—go behind-the-scenes of the QEII Courts of Law

Supreme Court Library Queensland and Queensland Courts have partnered to participate in Brisbane Open House, an annual festival that provides Brisbane residents and visitors with the rare opportunity to discover the hidden wealth of architecture, engineering and history in buildings and places around the city.

We are excited to open the doors of the Queen Elizabeth II Courts of Law to the public on 13 October for free behind-the-scenes tours of the Brisbane Supreme and District Courts, and the Supreme Court Library.

Brisbane Open House 2018: Free public tours of the QEII Courts of Law

Saturday 13 October, 10am to 3pm

· Free guided tours running every half hour

· Bookings essential (strictly no walk-ins)—tickets available from Friday 28 September via Brisbane Open House

· Visit sclqld.org.au/bne-open-house for details

Bullying Guidelines

The Bar Council has approved Workplace Bullying Guidelines. These Guidelines focus on bullying towards BAQ staff members and service providers and bullying between barristers and other members of the legal profession.

· Workplace Bullying Policy – Members

· Workplace Bullying Policy – BAQ Worker

· Model Bullying Best Practice Guideline

These Guidelines may also be accessed on BAQ’s website under the Rules & Guidelines tab.

This Edition

As usual, there are many excellent papers and other interesting items for your reading enjoyment.

Happy reading!

Adrian Duffy QC

Editor

Hellenic Australian Lawyers Association

“Embracing Diversity in the Law

— Solutions and Outcomes”

The Queensland Chapter of the Hellenic Australian Lawyers Association (HAL) is hosting a CPD event on “Embracing Diversity in the Law — Solutions and Outcomes” and is privileged to have, as speakers, the Hon Yvette D’Ath MP, Attorney-General and Minister for Justice; the Western Australian Patron of HAL, the Hon Chief Justice Wayne Martin AC; the CEO of CareerTrackers , Michael Combs; and CareerTrackers Law Intern, Clark Donovan .

The Queensland Patron of HAL, the Hon Justice Anthe Philippides, Judge of Appeal, Supreme Court of Queensland, will close the proceedings.

When: Friday, 10 June 2016

Time: 5.30 pm — 6.30 pm

(followed by drinks, hors d’oeuvres and a performance of the music of Peter Sculthorpe by the acclaimed William Barton and friends from 6.30 pm — 7.45 pm)

Where: Banco Court, Queen Elizabeth II Courts of Law, 415 George Street, Brisbane

Cost: $30.00 for HAL members, $50.00 for non-member

To book and pay online visit http://www.hal.asn.au/diversity. For further information please see the attached brochure or contact Mal Varitimos QC at malvaritimos@qldbar.asn.au

 

Click here to download Registration Form