Bar Council business for November-December 2008

09/02/2009

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 the executive director for further information.

Law Society members' dinner – Crystal Palace

The president advised that she attended the annual Law Society dinner at Luna Park on the evening of 23 October.

SA Bar Association Dinner

The president advised that she attended the annual South Australian Bar Association dinner in Adelaide on 31 October.

Newcastle Bench and Bar Dinner

The president attended the Newcastle Bench and Bar dinner on 7 November.

St George and Sutherland Law Society Dinner

The president attended and spoke at the St George and Sutherland Law Society Dinner on 11 November.

Meeting with Australian Lawyers Alliance (NSW)

On 13 November the president, executive director and director, law reform and public affairs met with representatives of the Australian Lawyers Alliance to discuss their research proposal concerning the effect of current personal injury laws on older people and the possibility of exploring reform areas of mutual interest with the Insurance Council of Australia. ** Reception for the Hon James Spigelman AC**

On 26 November the president attended a reception at Government House to celebrate the tenth anniversary of the Hon J J Spigelman AC as chief justice of New South Wales. � �** Indigenous Barristers Trust information day for indigenous law students**

The president advised that she had attended the Indigenous Barristers Trust information day for Indigenous law students held on 27 November in the Bar Association’s common room and had given an address to the students.

LCA directors’ meeting and AGM

The president noted that she and the executive director had attended the Law Council of Australia directors’ meeting and annual general meeting in Canberra on 29 November.�

Cranlana Programme

The president advised that she had participated in the two day Cranlana human rights programme in Melbourne on 1 and 2 December. �** New president/convenor of the Women Barristers Forum**

The president noted that Julia Baird SC was elected president/convenor of the Women Barristers Forum on 2 December.

Delegation of Authority to the Bar Council Executive

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� sub-paragraph (c), the day-today administration of the affairs of the association; (b)��� any matter concerning the property and assets of the association which cannot reasonably be deferred until a meeting of the Bar Council (c)��� 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.

Life Membership – the Hon Hal Wootten QC

The president outlined some of the major achievements of the Hon J H Wooten QC and in particular noted his exceptional service to the profession of the law and the community generally in relation to Aboriginal justice issues.

Wootten QC was admitted to the bar on 22 July 1949.� He took silk 2 December 1965 and became the leader of the industrial bar.� He was an innovative Supreme Court judge for ten years (1973-1983).

He served as a deputy president of the National Native Title Tribunal from 1994-1997, and was a royal commissioner into Aboriginal Deaths in Custody from 1988-1991.� He was the foundation dean and professor of law at UNSW, chairman of the NSW Law Reform Commission, chancellor of the NSW Institute of Technology, president of the Australian Conservation Foundation, chairman of the Australian Press Council, secretary-general of LawAsia, foundation president of the first Aboriginal Legal Service, and a member of the Council of New Guinea Affairs.

Bar Council resolved that the president write to Wootten QC asking if he will accept life membership of the Bar Association for exceptional service to the profession of the law. ** Uniform proportionate liability provisions **

Bar Council considered the draft response and expressed its thanks to Davies SC for his comprehensive analysis. It was resolved that the response be forwarded to the secretary of the Standing Committee of Attorneys General with an appropriate covering letter.

Bench and Bar lunches

Bar Council briefly discussed this issue. Gormly SC volunteered to work with the New Barristers Committee and represent the Bar Council in providing some leadership in the organisation of an ongoing series of Bench and Bar lunches. The need for any administrative support to be provided by the association in relation to the lunches would be the subject of discussions between Gormly SC and the executive director in due course.

Bar Council resolved that Gormly SC assist the New Barristers Committee in the organisation of future Bench and Bar lunches. ** 9 February 2009**

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