The issue is simply this: there is no procedure within the Territory for making complaints about judicial conduct and effi ciency, without establishing an inquiry of the kind that would normally consider more serious issues of judicial behaviour.
Court Fees
The Society strongly protested the dramatic increase in court fees brought in by the Territory’s Budget in May.
As a result of the Society’s representations some changes were made including exemptions from paying corporation rates for low income and not-for-profi t associations.
A meeting was held with the Justice and Community Safety Directorate to discuss other changes which the Society believes would promote both fairness and effi ciency.
Outcomes of the Criminal and Civil Blitzes
The Justice and Community Safety Directorate have provided the Law Society with the fi nal statistics from the criminal and civil blitzes.
• during the 12 week blitz period 99 criminal matters were listed for hearing, and 90 were dealt with;
• 50 defendants changed their pleas and the Director of Public Prosecutions has declined to proceed in 13, meaning that a total of 63 of the 99 matters, or 73 per cent, were resolved without a hearing;
• seven criminal judgments were reserved during the blitz, all of which have now been delivered;
• of the 115 civil matters listed for the blitz period, all have been dealt with, 85 matters have settled at a settlement rate of 74 per cent; and
• there have been 25 reserved civil judgments with 16 of those delivered.
New honorary life members
At the Society’s annual dinner on 16 August, certifi cates of honorary life membership were presented to two prominent members of Canberra’s legal community.
Chief Justice Terence Higgins AO was admitted to practice in 1967,
appointed as a judge in July 1990, and was elevated to the position of Chief Justice of the ACT Supreme Court in January 2003. He was elected to Council in 1973 and was Vice President from 1984-87. He has also been a member of the Society’s Criminal Law Committee, Legal Aid Policy Committee, Law Reform and Review Committee and the Disciplinary Committee, and was the Society’s representative on the ACT Criminal Law Consultative Committee. He has also been a Deputy Member of the Legal Aid Committee, Member of the Legal Aid Commission Committee and Member of the Legal Aid Commission. He is also heavily involved in numerous ACT charities.
Christopher Chenoweth OAM was admitted to practice in 1970, and has been a member of the Society since May 1978. He was a partner with Macphillamy, Cummins & Gibson, then with Mallesons Stephen Jaques, and became a sole practitioner in 1996. He was elected to Council in 1986, was Treasurer from 1988–89, Vice President from 1989–9, and was President from 1999–2001. He was Chair of the Complaints Committee and was a member of the Society’s Business Law and Taxation & Stamp Duties committees. Chris retired from practice on 30 June 2012, but will retain his links to the profession through his appointments as a Special Magistrate, a Presidential Member of ACAT, and a member of the ACT Admissions Board.
Chief Justice Higgins and Christopher Chenoweth join a very exclusive group — only four honorary life memberships have been awarded in the Society’s history. The others are:
• •
Sir Clarrie Harders OBE, The Hon Kevin O’Leary QC,
• Mr Davd Crossin OBE, and • Master David Harper OAM.
The New South Wales (NSW) Government’s proposed legislation that would remove the ‘right to remain silent’ when arrested for a series of off ences has generated much discussion in the legal and broader community recently, with much of the debate led by the NSW Law Society. The Law Society has expressed major concerns about the government’s complete failure to consult with key stakeholders on the proposed reforms as well as consequences for ordinary citizens of such changes.
The right to silence is a fundamental part of the criminal justice system and the NSW Law Society will continue to call on the O’Farrell Government to rethink its stated position and to consult widely and genuinely before taking away the rights of the citizens of NSW.
In a similar vein, the NSW Law Society has expressed major concern about recent workers compensation amendments which would require injured workers in NSW to pay their own legal costs. The NSW Law Society’s concern is that once this provision is commenced, claimants will be forced to represent themselves or will choose not to pursue benefi ts to which they may be entitled. The NSW government’s failure to provide clear direction on how this issue will be resolved has caused enormous uncertainty within the legal profession and the Law Society will continue to advocate for a just and sustainable workers compensation scheme in NSW.
On another front, the much anticipated Family Law Settlement Service is underway in NSW with almost 90 cases identifi ed and referred to the NSW Law Society for mediation. This joint initiative with the Family Court, Federal Magistrates Court and the NSW Bar Association, is intended to facilitate
NEW SOUTH WALES
Justin Dowd, President, The Law Society of New South Wales
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64