Bar Council business for March - April 2008

20/05/2008

Governance

Matters reported elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted in this summary. Any member interested in a particular matter should contact either the relevant member of Bar Council or the executive director for further information. CPD mini conferences ** The president advised that she had attended further CPD mini-conferences in Canberra on 8 March and in Sydney on 15 March. **Bob Bellear portrait unveiling/Indigenous Barristers’ Trust fundraiser The president attended and spoke at the unveiling of the portrait of the late Judge Bob Bellear in the Common Room on Wednesday, 12 March. The event also served as a fundraiser for the Indigenous Barristers’ Trust. A total of over $3000 was raised for the trust at the event. Open day for female law students The president noted that she participated in the Bar Association’s annual open day for female law students on Friday, 14 March. The open day was well attended and was a great success. The president extended particular thanks to Julia Baird, Trish McDonald and Michelle Painter for their role in running the event. UNSW Jessup Moot demonstration The president advised that she attended this event on Monday, 17 March and remarked upon the quality of advocacy displayed by students at the event. Crown Prosecutors’ Conference, Terrigal The president noted that she had attended the Crown Prosecutors Conference in Terrigal on the Tuesday, 25 and Wednesday, 26 March, when she delivered her paper ‘Why Crown Prosecutors Should Support a Charter of Rights’. Amendment to Rules 35 and 35A, submissions and comments The president noted that a number of submissions had been received, many of which expressed opposition to the proposed amendments to the New South Wales Barristers’ Rules as currently drafted. The president observed that a number of submissions had requested additional time for comment on the rules and others had suggested that a general meeting of the Bar be held to discuss the proposed changes. There was an extensive discussion of the possible form of changes to the proposed amendments as drafted, including the feasibility of limiting the rule changes so that they would only apply to allegations involving sexual assault. Bar Council resolved that a general meeting of the Bar be held to discuss the amendments to explain the proposed changes, to enable oral submissions to be put and to enable discussion of alternative wordings of the proposed rules. All bar councillors should attend the meeting if possible. It was further resolved to extend the period for submissions for another two weeks until close of business on Monday 14 April and that the Bar be advised accordingly. Bar Council further resolved that an alternative proposal confining the changes to sexual assault related proceedings be developed in time to be put to the meeting of the Bar. Gleeson SC and Boulten SC would work on an initial draft for consideration. It was further resolved that the president would write to the attorney general advising him of the Bar Council’s decisions in this regard and inviting him to attend the proposed meeting of the Bar. Delegation of authority to the Bar Council Executive: draft memorandum from the executive director to the Bar Council Bar Council resolved that, with effect until any reconsideration of this resolution at the first meeting of the next Bar Council, and pursuant to the powers vested in it by virtue of clause 14.3.1 of the Constitution of the Bar Association, the Bar Council makes the delegation set out in paragraph 1 hereunder. 1.�To a committee comprising the president, the senior and junior vice presidents, the treasurer and the hon secretary (the executive): (a)�subject to the direction and control of the council and to the matters referred to in subparagraph (b) the day-today administration of the affairs of the association; (b)�notwithstanding the provisions of subparagraph (a) the power conferred on the executive does not extend to: (i)�the power to appoint, terminate or renew the contract of the executive director�or to vary the terms of that contract in any substantial respect; (ii)�the power to enter into any contract of employment with any person at a gross salary (including benefits) in excess of $150,000 per annum or with a termination period in excess of 12 months; (iii)�the power to enter into any contract or undertaking of an amount in excess of $20,000 or extending beyond a period of 12 months other than in the ordinary course of the ordinary business of the association. Practising Certificate renewals The Bar Council noted the executive director’s memorandum and approved the form of the draft renewal documents, noting that the ready reckoner chart will be updated with the proposed new fees levels once the attorney general’s approval for those fees is received. � Supreme Court registrar list start times The Bar Council considered the proposed list starting times set out in the memorandum from the CEO of the Supreme Court of NSW to the executive director. The Bar Council noted that the proposed earlier starting times would cause particular problems for barristers with childcare responsibilities. The starting time proposals were unanimously opposed. It was resolved that the Bar Council express its opposition to the proposed registrar list start times. It was further resolved that, should the chief justice decide to continue with the start times as proposed, that the president would seek an urgent meeting to discuss the issue. Election of treasurer The president advised the Bar Council of the resignation of Justin Gleeson SC from the Bar Council, effective on 11 April 2008.�She explained that pursuant to cl 12.5.1 of the Constitution, the vacancy is filled by the eligible candidate willing to serve who received the next highest number of votes in their category. That person was Sandy Street SC.� The president welcomed Street SC to the Bar Council. The resignation of Gleeson SC from the Bar Council had caused a vacancy in the position of treasurer. More than one nomination being received, an election was held. The following office-bearer was elected Treasurer: �Sandy Street SC 20 May 2008