Inbrief
Changes to filing and other fees in the Federal Court
The Federal Court of Australia Amendment Regulations 2010 (No 1) will commence on 1 July 2010. The Amendment Regulations make a number of changes to the item numbers and quantum of the filing and...
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AGS Legal Seminars in Sydney 26 and 27 July 2010 (ADVERTISEMENT)
Australian Government Solicitor has scheduled two new half-day seminars at AGS Sydney for 26 and 27 July 2010. The cost for each seminar is $295.00 (GST inclusive) per person and a 10 per cent...
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Appointments to the Family Court
Attorney-General Robert McClelland has announced the appointment of Judge Ann Ainslie-Wallace, Ms Margaret Cleary, Mr William Johnston and Mr Ian Loughnan as judges of the Family Court of Australia....
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ALRC discovery inquiry goes interactive
Members with an interest in the Australian Law Reform Commission's Discovery Inquiry are encouraged to receive the Discovery Inquiry newsletter. The ALRC is also launching the Discovery Blog to...
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Fifth National Indigenous Legal Conference
The Indigenous Lawyers Associationâs Fifth National Indigenous Legal Conference is being hosted and organised by the ANU College of Law and will take place on 1-2 October 2010.� Meanwhile,...
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Amendment to Local Court Practice Note 1 of 2010
The Local Court has issued an amendment to Practice Note 1 of 2010 - Procedures to be Adopted for Committal Hearings in the Local Court for Proceedings Commenced on or after 1 May 2008 (issued 4...
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Supreme Court of the United States upholds gun ownership rights
In a 5-4 decision on Monday the Supreme Court of the United States ruled against a Chicago handgun ban, thereby limiting the ability of states and cities to restrict gun-ownership rights. View the...
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Renewals deadline drawing near: a reminder to PC holders
The Bar Association has a significant number of renewals that cannot be processed as we have not received confirmation of insurance. Although the brokers/insurers do send us lists of the names of...
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Legally Coerced Treatment for Heroin Addicted Offenders: Ethical and Policy Issues
The New South Wales Bureau of Crime Statistics and Research will host a seminar by Professor Wayne Hall on� Legally Coerced Treatment for Heroin Addicted Offenders: Ethical and Policy Issues at...
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Champagne tasting at the Oak Barrell
Members are invited to a tasting of French champagnes at the Oak Barrell wine shop (152 Elizabeth Street, Sydney) on Thursday, 22 July 2010 commencing at 5.30 pm.� The champagnes available for...
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New Professional Standards Scheme for New South Wales Bar Association members
Professional Standards Scheme
The Professional Standards Council has approved a new Professional Standards Scheme for the New South Wales Bar Association. The new scheme was published in the New...
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Supreme court issues new Admiralty List practice note
Chief Justice J J Spigelman AC, on 25 June 2010, issued Practice Note SC Eq 2 - Admiralty List. It will commence on 1 August 2010 and replaces the previous version, issued on 13 November 2008.
**28...
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Cases selected for reporting in FCR by V Kline
The following cases were selected by V Kline for reporting in the FCR:
_Sportsbet Pty Ltd v New South Wales _[2010] FCA 604
_Ahm Ahsanul Haque v Minister for Immigration and Citizenship�...
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Diarise for next month: the Bar Trivia Challenge
Diarise this date: Thursday, 12 August 2010. The Equal Opportunity Committee invites you to attend the inaugural New South Wales Bar Trivia Challenge. A professional quiz master has been engaged to...
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The Bar Book Club
Wellbeing
The Bar Book Club will hold its next meeting at 6.00pm on Thursday, 22 July in the Bar Library.� The book is _The Beautiful and the Damned _by F Scott Fitzgerald.
**28 June 2010 **
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TONIGHT: Monday 26 July - Security for Costs Applications
This seminar, which has been organised by the New Barristers' Committee, addresses a fundamental interlocutory procedure, and will cover: the principles; the procedures; the pitfalls; and a toolbox....
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TONIGHT: Wednesday 8 September - Arbitration Workshop: become an Arbitrator approved by the Bar Association
The ADR Committee is pleased to welcome The Hon Justice R McDougall to address participants at the third and final Arbitration Workshop. The workshop offers members with 7 yearsâ experience as...
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Farewell to Associate Justice McLaughlin
Associate Justice McLaughlin will hold his final sitting on Friday, 2 July 2010 at 10.00am in court 11C. Jane Needham SC will speak on behalf of the New South Wales Bar. It is not a ceremonial...
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New fees for Federal Courts
The Access to Justice Division of the Commonwealth Attorney-General's Department has announced that fees for federal courts and tribunals are to be increased. The increases are to "offset the...
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Out with the old and in with the new: farewell to the Trade Practices Act
The Commonwealth Parliament has passed the new Competition and Consumer Act 2010, which will replace the Trade Practices Act 1974. Competition Policy and Consumer Affairs Minister Craig Emerson said...
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Nationally harmonised interest rates - changes to Uniform Civil Procedure Rules 2005
Practitioners should note the changes to the UCPR under Uniform Civil Procedure Rules (Amendment No 32) 2010 and Uniform Civil Procedure Rules (Amendment No 34) 2010 commence on **1 July 2010....
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Uniform Civil Procedure Rules (Amendment No 32) 2010 and
Uniform Civil Procedure Rules (Amendment No 34) 2010 commence on **1 July 2010. **These amendments provide for the adoption in NSW of nationally harmonised provisions for the awarding of post-judgment interest under s 101 of the _Civil Procedure Act 2005 _(CPA) as well as changes to the calculation of claims for pre-judgment interest under s 100 CPA.
Post-judgment interest
Schedule 5 to the UCPR sets out the applicable default rates for post-judgment interest.� It will be repealed with effect as and from 1 July 2010.� Schedule 5 rates will be replaced with a new nationally harmonised formula for the calculation of interest based on the Reserve Bank of Australia's cash rate.� This is set out in UCPR 36.7 (1) and is as follows:
The prescribed rate at which interest is payable under section 101 of the Civil Procedure Act 2005 is:
(a)�� �in respect of the period from 1 January to 30 June in any yearâthe rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and
(b)�� �in respect of the period from 1 July to 31 December in any yearâthe rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.
The change to post-judgment interest does not have retrospective effect - section 30 _Interpretation Act 1987 _(NSW).� Interest for post-judgment periods up to and including 30 June 2010 should be calculated with reference to the rates in Schedule 5.� Practitioners are reminded that they may access historic versions of the UCPR via the NSW Government's legislation web site to review Schedule 5 rates.
Pre-judgment interest
The court may award pre-judgment interest under s 100 CPA.
NSW courts will issue practice notes with respect to the adoption of a nationally harmonised formula based on the Reserve Bank of Australia's cash rate for pre-judgment interest claimed under s 100 (1) and s 100 (2) CPA as follows:
(a)� in respect of the period from 1 January to 30 June in any year â the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and
(b)� in respect of the period from 1 July to 31 December in any year â the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced.
The Supreme Court issued its Practice Note (SC Gen 16) on 16 June.
Practitioners should note UCPR 6.12 (8), as amended. This provides for claims for pre-judgment interest where a contractual or statutory rate of interest does not apply. The effect of the change is that in liquidated statements of claim filed after I July where no other rate applies, the interest calculation for the entire pre-judgment period should be based on the new harmonised formula for pre-judgment interest.
**25 June 2010 **
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Singapore and NSW Supreme courts sign MOU on questions of foreign law
The Supreme courts of New South Wales and Singapore have entered into a Memorandum of Understanding (MOU) to work closely and expeditiously on issues arising under foreign law. Chief Justice...
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Practising Certificate Renewals Update No.6
Have you lodged your practising certificate renewal application but not yet arranged your PII? There are a number of barristers for whom the association has not been able to issue a practising...
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Amendments to Workers Compensation in NSW
The Workers Compensation Legislation Amendment Bill 2010 (NSW) has been introduced in the Legislative Assembly. The object of the Bill, as provided by the minister's agreed to in principle speech, is...
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30th Anniversary of the Land and Environment Court Gala Dinner
This Land and Environment Court will celebrate its 30th anniversary with a dinner at the Strangers Dining Room, Parliament House, on Wednesday, 1 September 2010 at 6.30pm. The dinner will be held in...
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