VI C TORlAN BAR C O UNC [L for the year 2000/200 I
·Exccutive Corrunittee
Clerks:
A ·Derham QC, D.M.B (Chairnwn)
R ·Redlich QC, R.F'. (Senior Vice-Chairman)
H "' Rush RFO, QC, J.T. (Junior Vice-Chairnwn)
L Ross QC, 0 ..1.
F *Dunn QC, PA
B *Ray QC, W.R
Chair of Standing Committees of t he Bar Council
Aboriginal Law Students Mentoring Committee
B Kaye QC, S.w, Applications {leview Committee
W Brett QC, KA.
Bar Constitution Committee
G Colbran QC, M.J.
Child Care Facilities Committee
J) McLeod Ms F.M.
Con.ciliatorsjor Sexual Harassrnent and VilifICation
W *Brett QC, R.A. (JIonorary Treasurer)
A "Pagone QC, G.T
Hought.on QC, w'T.
A Shand QC, M.W.
B *McMillan SC, Ms C.F.
H McGarvi e RW. (Assistant Honorary Tr easurer)
A Richards Ms J.E.
H Bourke Ms K.L.
A Moloney G.J.
D Ri ordan P.J.
W Neal O J.
F Nugent ET.
G Hinchey Ms S.L.
I) Gort.on J.P.
I) Gronow M.G.K
o AWwill R.H.M. (Honorary Secrela'r'lJ)
F Rozcnes QC, M
Continuing Legal Edu,caticm Committee
A Pagone QC, G.T.
Counsel Committee
H Rush RF'D, QC, J.T.
Equality Bejore the Law Committee
D Lewitan QC, Ms RA.
Ethics Committee
A Wright QC, H.McM. Human Rights Committee
D Fajgenbaum QC, ,n Legal Committee
A Moloney G.J
Lil'igation Procedure Review Committees
• Commercial lAw
D Moore Ms S.8. (Assistant //onorary Secretary) A Derham QC, D.M.I3.
Ethics C ommitt e e
A Wright QC, H.McM (Chairman)
D Lyons QC, J.E'.
A Pagone QC, G.T.
n Young QC, P.C.
• Common H Rush QC, J.T.R.
• Criminal [A,W Dwm QC, EA.
• {"amily Law
B H QC, 1.0.
P Bartfcld QC, M.
F Dreyfus QC, M.A.
G Lacava SC, PO.
B McMillan SC, Ms C.F.
H Lewis G.A.
R Redlich QC, R.F. Past Practising Chairmen's Committee
o F'rancis QC, C.H. l'mjessionaJ. Indemnity Insurance Committee
A Shand QC, M.W.
Readers' Coun;e Committee
R Maidment R.J.H .
A Mac C.C.
A Delany C.J. (Secretary)
D Riordan P.J.
F J ohns S.L.
VICTORIAN BAR NEWS
E di. t ors
Gerard Nash QC and Paul Elliott QC
E ditorial Boar d
David Bennett QC
Julian BUl'l1side QC
Graeme Thompson
Editorial Consultant
David Wilken
Editorial C ommit tee
B Ray QC, w,R. Strategic and Planning Comm'iUee
G Cre!Ulan QC, Mrs 8.M.
Victorian Bar Dispute Resolution Commiuee
8 Martin QC, WJ
Victorian Bar TheQJ,re Company Steering Committee
R Houghton QC, W.T.
John Kaufman QC, Peter Lithgow (Book Reviews), Richard Brear (Ass istant to the E:ditors), Carolyn Sparkc, Nugent , William Gillies, Nicola Gobbo
David Jolms (Photog rapllY )
Published by The Victorian Bar [nco Owell Dixon Chambe r s, 205 William Street, Melbourne 3000 . Registration No A 0034304 S Opinions exp r essed are not necessarily those of the Bar Council or the Ba r
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The Way We Were: Reflections on a Changing Profession
A VERY MODEL
CONGRATULATIONS
QC, on of Major-GeneraL believed to Bench attain General Major-General GMG, DSD, Lieutenant-General Hening KEE, d'hOlUleur; Vickery GBE, Kevin MurrdY from New South Wales.
REF'URmSHlNG OF DOGE
The revamping of Ule ground Dixon Chambers certainly entry t.he William a depressing than it was previously. Some however, commented that revamping ears to been desigm!<.l primarily ensure that to and West without irnpedlment. At the same has beell turned into backwater which collects only a eddies mainstream traffic, whicli hurries along what personal injUlY lawyer "QC's Whimsy a'>ide, p created strange aflnoying peculiarity. 0llger to the the Ooor. mllst affect those the and U1U1cccssarily lif\. usage.
JUDICIAL AND TIlE OF LAW
Readers may be rorgiven for thinking thal we arc obsessed with the need 1.0 ensore profcssion dependthethe the at release Angel inde-
pendence both of the legal proression mid of ents WorkCover Accidcnt independence of practise The results practitioners other "trade pal large place on corporate clients inhibits ftrms when askr.d to act asainsL union o r
Whatever the reality, the apprehension is that the "important" client wilt 110t cantinuc savaged it Lawyers cun intimi{\'It.cd by thei r own percepLion of that likely re<lction. It Is important that the lega.\ profeSSion n ot only be indepe nde nt but believe itself to l>c independent and appear 1.0 be independent.
which ecognises Ule rrghts of the (and added such notCreelyelecLed no freely whether recognised. abstract form, rights <Ire enforceable and enforced. An independent legal profeSSion is if there lawyers who the battles of the individual state, against big business, against big or against the new quasi-monopoLies.
RIGHTS OF THE INDIVIDUAL
We tend to equate the expression "democracy" with form of dcmocracy,
At the political of the i.ndividual need protection because politiclans will (perhaps properly from a political individual to because politicians and put need for other needs; challenge society's may "trouble makers"; bccause tJlose who hold power
need curbs all power. We need an indepcndcllt.judiCiary and all independent. legal "benevolent."
a judiciary independent. of direct are not. affected to Keating's have". That. recession of many people Australia and the In t.cnns of the COirunun.ity whol , that recession benefiL,>. In the case suffered from it, its horrendous. The judiciary Ule legal profession individual needs divorced, sense, from the "big pi c lure". Both need 1.0 be concemed with individual righr.<; rather Ulan the implementation of greatcsl good.
WAY WE WERE
Perception provides the ultimate reality. A1.; perception changes, that reality changes. To a small child reality is "now". 'Ib the t.eenage striving young juniors eality tomorrow's appointment as silk and the putatively relaxed life, Mercedes and beach house whi ch accompany it. To the ambitious young soliciwr working towards a partnership, reality is not the GO-hour week or the devastated Is clea rly "wiOorrow",row when rewards Loday's effort can be savoured Imd enjoyed. '1'0 ove rworked silk the olde r partner the big firm grinding on, reality is p robably what or she should have enjoyed in hi s or her 20s and sllnshine, smelling the flowers, enjoying his or her
home life and children - but the time to watch them in our Bur. have ra vour rights, gay case, the rights Lo derive conceptually inctigene from the in Lo a flllos " solicitors centrated clients than regarded honourable lation in th gove push "competi tion". bUnkered vision Competltion was good. co-operation even amongst country medical pmctitioners - was bad.
We the Atlorney-Genem], Rob 1 in this issue.
We delighted, however, as we write he is CXI>ccted to be discharged from from died
97 of obit.taken broad interview true forwill appear 1'"'A1LING LEAVRS
It is pe r haps appropriate that we ha ve chosen t.he Autumn issue lo to full colour. The trees are in their autumn and so acc we
International Advocacy Workshop
for Advocates & Forensic Accountants
Prato, Tuscany, 11 - 16 June 2001
An intensil/e workshop for advocates and f orensic accountams in tha magnificant surrounds of Prato, llaly.
Participants will:
• be taught by leadi ng international advocacy teachers
• have the opportunity to explore t he veriety of experiences and skills o f other participants
'1'0 extent that we ha ve complied with the compcUtion model, we have reduced OUf p rofession to a technocracy, we have equ(lted earnings with quality, we have made the attractive to we ave a lre
• receive vidual coaching i n their specific skill levels
Delil/ered by Monash Law with t h e ass istan ce of the Austra lian Ad vocacy Institute.
For further information: +61 3 9905 3344, www.law.monash.edu. aU/advocacywor kshop
FJDlTOHS
Independence of the Judiciary and the Profession
n recenL ceremony for the admission of ncw practitioncrs ill Lha orthern TcrriLory, Justice Angel
of independence. We should all lake heed of such a reminder.
REFERl.;NCE ON CML AN])
of the innovative pro· various of Authorit.y governing instance is also to (Vic). this case Bar emphasised UlC tect rights to with their representatives interference.
Renewal of Practising Certificates for 2001/2002
PIt also mentioning that. the Senate inquiry legislation the proposed federal Administrative Review Tribunal has delivered its report. The Bar to the to improve proposed Tribwllli of parties. many key is unclear
On express my g many the Bar contributed La thi:; work.
Mark QC Chainnan
Co unty Co urt Prac ti ce Court and Callov er
CHANQJo: 01"
TRACTISlNG held .Julle need certifJ· catc until or C · pose time· table to ("lhe wish· Ing oria must 'he practising barristers therefore 011 must apply The Victorian ited
authorised certificates to current. practising practising certiticate will carry with it ce rt ain can· ditions that th e holder eceive trust money, engage in legal practice practitioner on ly. A b reach of the conditions to which a prac· tising mis· conducl subject to penalty imposed by the Legal Profession Tribunal.
McCrae Registrar 1
29 Prw;tice Coon ocated Court on the s will r, 223 8
pmctising ce rtifl · cates barristers on 2 April 2001. should be pleted the office requisite for surcharges late ising ( Act). charge current tioners, 30 hold issued
Victorian surcharge If pri l and sur· charge for the 25% of
• If May - prescribed cer· tificate.
• All surcharge may circwn· slances.
• If practising certificate evious practising 30 June certificate of the new practising certificate ye a r (i.e. in the period 1 July Septembe r 2001), the surcharg e pre· scribed fee fo r Lhe ce r· tificate. Tl tis charge avoided if practitioner the Application statutory to the practitioner not practised the previous practising certificate intended a t the end of the previous cer· tificate year not to first U,rcc mont.hs of Lhe tiIicate provides reasons why that intention has now changed. The practising certificate fcc for 200112002 is $200 and is exempt from GST.
Under the Act, barristers required indeltutity insur· practice. requires an pmctising ccr· 31 ay approved the appli· iJlsllrnnce of the
a barrister does not rencw p ofcs-
sio indemnity insurance prior to 31 May I.herefore t prof indemnity been obtained not pr ovi ded o n o r before 3 ] May, barrister may be issued with a Section 23(3B) notice. On or befo re 15 Ju the RPA is required to issue a 23(38) notice to any ba rri ster f oof of professional indenmity insu for the fin anc ial year has received. The advises t. ecipient that. a practising certificate issued Ule coming fmandal year does not take effect until notice of professional
indenmity in surance provided for the financial order to ensure barrist.cr contin ue to pra ctice all and 2001, it is r.herefore ntial essional ind enu uty insurance is renewed in the manner d esc rih
If any additional req uired in rel ation to the t im et<lblr. for ren e wal of cates and pr ofessional in nity ce, please co n tact the Executive Di rector of Lhe Victorian Bar, David Bremne r
Criminal Law and Forensic Studies at Monash
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Tax Implicati ons of Transact ions a nd Settlements
Valualions of Businesscs a nd Shar es,
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Justice Bongiorno
ON 31 January 200 I the Honourable Justice Bemard Bongiorno was welcomed legal profession, having been apPointed the Supreme Court of 2000. His Honour comes to the Bench aller a long and distinguished career in the law both as an advocate and in othe r capacities. He brings to the the beneflts a very broad experience in many as well as experience adminisLrat.ion, both judicial and otherwise.
Lion a few highlights of His HonoW"s very long, varied and extremely busy practice at the Bar. As a junior he practised extensively in the County and Supreme Courts, particularly in Geelong circuit each court. Although His Honour was perhaps
[lis Honour was born in Geelong on His Honour's father's side was Italian. His grandfather, t ogether with three brothers, arrived in Australia from the Aeolian islands in 1896 aged 16. The family settled in Geclong where they ran a for 45 years. On side his mother's name was Mollie Fogarty. His Honour's experiences of multiculturalism recenl.
His Honour was educat.ed aL St Joseph's Christ.ian Brothers College, Geelollg, and graduated as a Bachelor of Laws in 1965. He was articled to Mr W.K Hunt, solicitor, in 1966, and was admit.Led to practise on 1 March 1967. He signed
the roll of t.he Victorian Bar Justice Bongiorrw. 16 July 1968 and read with Neeshrun, subsequently Judge Neesham of t.he County Court. was appointed Queen's Counsel in Victoria on 26 November 1985_
His Honour was Director of Public Prosecutions in Vicloria from ID February 1991 until he resigned from that post on 3 November 1994. Whilst occupying that office His HOllour appeared in all High Court appeals which the Director of Public Prosecutions was He initiat.ed an extensive review and reform of office and work practices.
His Iionour ret.urned to the Bar in 1994 where he remained wltil his appoint.ment to the Supreme Court.
It is impossible to do more than men10
best. known for common law work pracLice involved a VCly wide variety commercial ami other law. His Honour was junior counsel assisting the poker machine inquiry conducted by M.R. Wilcox QC, now Justice Wilcox of lhe Federal Court. A reading of the Wilcox and Xavier Connor will provide a comp ehensive and prescient account of much has transpired since introduction of large-scale gambling in this State.
the Royal Commission into the police investigation into Don Mackay, presided over by the Honourable Justice Nagel. Shortly appointment His Honour completed some aspects of tunne ls. It. emphasised that the issues involved gaseous emissions from the lunnels and had nothing to do with water. His Honour served as a member of the Victorian Bar Council between 1987-1991 and again between 1995- 1998. He was a member of the Executive of the Vict.orian Bar Council from 1990-1991 and from 1995- 1998. was a membe r and eventually Chairman of the Ethics Committee from 1987-1991 and again in 1997- 1998 He was a council member of t.he Australian Instit.ute of Judicial Administration between 1991-1996, and has been a member of lhe E:xeculive of the International Commission of Jurists (Victoria) 1996 to date, being Chairman of that body to date. I-lis been President of Co.As.lt. (ComitatoAssistenza Ik1.liano). He was awarded the decoration Commendatore del Ordine al Merito by the President of the Italian Republic in April 1999. His Honour, on resigning from the Bar Council in 1998, served some years at the Legal Service as Monday night volunteer. This is accounted His Honour as amongst the most significant of his professional experiences
Honour's readers were Roger F'ranich M, Kale Norman, Karl Price, Bruce Lee, Michael Crennan SC and David Beach.
After taking silk in 1985, His Honour appeared as sellior cowisel assisting
As the Chairman of tile Victorian Bar noted at !.he welcome to His Honour, the Bar very much welcomes and applauds the appointment. of His Honour to the Bench. only does he bring reJevant experience capacity to deal with the many areas of law litigat.ed in the Supreme Court, but his record unmistakably shows sturdy independence of t.he executive which is so much to be desi red in the judiclary.
Judge Bowman
ON 20 200 I, the Executive Cowlcil aTUlounced the appointment of John Richard Bowman as a judge of County Court of Victoria. His Honour was born in 1945 and grew up in Albert Park where he has remained a long-time resident.
Honour devoted his considerable skills to effectively managing a list which previously had proved 10 be almost unmanageable.
History records that, in late 1992, the former Liberal Government abolished the
I-Ie was educated at Parade College before attending the University of Melbourne. Upon completing his Bachelor of Laws Degree with Honours in 1966, served articles with J.P. Bicknell at Lhe (inn of H.B. Dimelow. He subsequcnUy worked as a solicitor in Brisbane with the flrm of McGillivray & Halligan and subsequently with Byrne Jones & Torney in Ballarat. His Honour signed the Roll of Counse l in October 1970 and read in the chambers of Barry Dove, later of Her Majesty's Counsel, now a judge the Count.y Court. Honour quickly developed a practice specialising in workers' compensation law. That practice significantly, and by tlle late 1970s he was regarded as a shining light of the workers' compensation Bar. His capacity for handling a large number of briefs was ext.raordinary and he appeared in marw of Ille leading workers' cornpensation cases, both
011 behaU of injured workers Judge Bowman. and on behalf of employers. It carne as no surprise that, in 1987, he was appointed a judge of the Accident Compensation Tribwlal. As a judge of the Tribunal until its abolition in 1992, His Honour served with great distinction . He was regarded practising in the compensation hardworking, courteous and, se, fair and evenha nded acted and 1992 as the Judge-in-Charge of the Contribution Assessment Division of the Accident Compensation Tribwml, an area which soon became known for its significant legal complexities and difficulties. The list became very conges t ed and His
this area where His Honour excelled. He quickly became mediator cases of predominantly, no common law matters. dedication which His Honour dp.Jtlonstrated to all parties and their legal representatives was extraordinary and no doubt was responsible the very high success rate achieved by him resolving disputes. It was said at His Honour's Welcome, and worth repeating, that "the trust which His Honour was able to engender in his role as mediator was unique".
Judge Bowman has been a long standing member of the Victorian Club at which he can be seen frequently discussing his passion horse racing and fortunes (or more likely misfortunes) ofllle CoIlingwood Football His was Chairman the Club for a period of almost 10 years 2000. During that the Victorian Club prospered considerably. His Honour's after dinner speeches, usually on matters pertaining to slow race horses which he has owned backed, are legendary. I lis wit and mode of delivery is unsurpassed.
Judge Bowman is a devoted Family man, married to Jean, illld has two teenage children, Belinda and
Accident Tribunal, tertninating the judges of that Tribwlal. and termination was aconsiderable blow to His Honour, but one which he faced with characteristic determination, tolerance and good will. I-Ie returned to the Bar and resllmed his practice at Latham Chambers. the his considerable legal talent to common law matters, as well workers' compensation claims. He the CoWlty and Supreme Courts and resumed his previous circuit practice at Ballarat. He qualified as a mediator and it was in
warmth of the welcome extended to His Honour on 22 I, and the large number of people in attendance, testifies to the high level of approval which has gree t ed his appointment. It is an appointment which is popular, not just because of His Honour's outstanding personal qualities, but also because of lhe expectation Lhal His Honour will prove to be worthy Court.
Bar congratulates Bowman and extends to him wish for a long and successful judiCial career.
V I CTORlAN
2001 BAR DINNER Plaza Ballroom
S a turd ay 2 Jun e 2 0 01
Membe rs are advised that th e Annual Bar Dinner will be held on Saturday 2Ju ne 2001 at th e Plaza Ballroom, 191 Collins St reet, Melbourne.
H onoured guests will incl ud e:
Sta te
The H ono urab lc Jus l ice Bongiorno
His Honou rJud ge Bowman
Ian G ray, Chief Magistrate
Comm onw eal th
The H o nourable Ga re th Evans AO , QC
Major-General Gre gory Gard e AM , RFD, QC
Senior Deputy Pr esident Les Kaufm an Senior D eputy Pres ident Brian La cy
Toge th e r with
1l1 c Ho no urabl c C hi efJu s ti ce o f Nauru, Barry COlmcll
Chief Justice of Nauru
LONG-TIME legal consult-
ant counsel to the government of the Republic of Nauru, Victo rian barrister, Barry Connell, has been appointed by the Pr es iden t of the Republic of Nauru t.o be its Chief The appointment is for years.
Mr Connell was sworn-in in Nauru on F'riday 2 2001, becoming only the third Chief Justice Supreme Court in Nauru's years since independence. He follows ef Justice Ian Thompson and Sir Gaven Donne.
The Nauru Supreme Court is Wliquc as it is gn Supreme Court eal on both civil and matters to lhe lligh Court
Barry Connell graduate of the Unive sity Melbourne and was admitted to the Victorian Bar in 1961. He has wide experience in constitutional and internationalla.w.
and Chief Secretary in Nauru (197 1-1972).
Mr Connell has also been Chairman of the Victorian COlluniLtee on Dis crimination in and Occupa t -iona Commonwealth committee (1977-1983), Chairman of the Disciplinary Appeals Board 01" Telstra and Australia Post (1984-1994), and a membe r of the Refugee Review Tribwlal (1993 - 1997).
Prior to this ap p oi n tment, Mr Conncll was also Vice-Chairman of Board of the Nauru Air Corporation, and a Director of the Nauru Rehabilitation Corporation.
He was a member of the !.eam of counse l who argued successfully on of Nauru against Awmalia before the [nternational Court of Justice in case rC!gar(\ing the Phosphare
He served in the Advisings Branch of the Common lth AUo11ley-General's years, became an associate professor of law at
Monash University for over 25 years speCializing in public and in ternat io nal law, and served an intemationallegal adviser, Lesotho, Southern Africa (1968 -1 969),
The Chief Justice, who in Nauru, will maintainjudge's ambers at the Consulate-General of Nauru in Melbourne.
The Bar welcomes the appointment of Ch ieF Justice Comlell.
Chief Justice Barry Cannell.
Cairns Villeneuve-Smith QC
CAIRNS Villeneuvc-Snri man, distinguished mbl
Oc tober 2000. airns practised Had Rupert Max been co ed in e aide for the murder Ceduna, rn Adela id and deprived one 'rhe of true cause celebre ti on unsu cc essful appeal were made the Privy Council. "Certain feat ur lL'I anxiety". it
fresh evidencc
SOUUI Australian Royal Commis this would have Villeneuve -S miLh appea red for hearing Shand, ti being d a particular q u es Li on, walkCl1 Ollt, follo wed by jUnior. The with Stuart un Villeneuve acijournment Cowlsel to raised the d dur again". The steams from s resolve, advocate, display during doye f with Villeneuve-Smith tence S remained Adelaide take kindly Smith, avid to re w oslrnciscd enco raged made Ule sion up whieh was 14
hi s brothers disposition fo r toriety"
William Villeneuve-Smith had two SOilS from clifferentmarriages. The first, another William, in W rn's father legendary South AusLidlia years. Th accepted as and conserva bestowing praise) I have
achievements i· and
['Ilt: Villeneuve-Smiths came from the Admiral e, the lIeet at. the batLie of Trafalgar, great·great·grandIather airns. Foll owing the Ad.rniral's death, daughter Marie Josephine lied to Ireland the home of the family Smith, had a brilliant yowl8 son Francis. They ed, Lhu s the name Smith".
Utat marriage came William uve-S mith (C airns ' grandfathe r) famed and controversial solicito r in Adelaide for many his eath in t said had inherited tim inflammable mixture of Irish French tendencies: is, a love of and rature willI a facilo ral expression, disdain for convention, a touch and a delight good life
William's elder r Fidn cis Vdleneuve-SmiLh than Crown Solicito r, Attorney-General, Premier, Chief stice and Governor of Thsmania. It was he "shared
Vdlencuve-Smith that of a love of vocabulary) and quotati of C in pri his s wiL, and an after-dinner
On the distaff side was lhe remarkable Dame Roma Mitchell cousin and c lose friend of Cairns wife Pamela. Amongst Dam ac hievements wer made a Qu een's Counsel; to be made a Superior urt Judge ; and later Govemor of South tralia
Cairns was born in Ade Jai 1923, and educated at Pele r's ege . He boarded at that school followill8 his mother's deaUl, from ten. was wont to refcr eeidUon" boarding school. thus L<; reflected in 11 tcnn re port , when 15.6 years. The report re co rd judgment als excellence ess t m Good absolute mum l he perso is me com physical itual, Iol\g
The Headmaster Utis boy has avoided le" after his W'Jming and he has given evidence of kel'.J)ne:;s as a cade t But it is clear that he is not making use of his opportunities, and will at this rate never matriculatc. a Jawyer , recommend privaL.ely tutored,
Whether in spite of, or because of the spur of these years lat er Cairns matriculated high honours.
Caims served in the AIF from 1942 IlnUi 1945. He spoke of that period of his life with little love, and even less respect. Perhaps his r eady perception of the need for natural justice produced a jaundiced view Armys' disciplinary process epitomised by his Lrcm:hant, repeated, and entertaining criticism military police wit.h whom he was involved in an "incident at Albury".
Court of Victoria late last year "C;V" as he known to us has ahV"JYS displayed a !.horotlSh knowledge ami understanding of lhe Jaw, all enviable comm langllage, albeit expressed with a vitriolic tongur., and a fierce and fe arless independen ce which enables him to uphold the best traditions of advocacy. The SOIt WIlS very proud of his father and the fath er would ltave been vel"y proud of his like ness
his discha law at University of Adelaide graduating i.1l 1955. sUlne year Pamela, who survives him.
Initially in Victoria his practice was primarily in the criminal courts where he rapidly achieved a reputation for fearless and outstanding advocacy. Resourceful, with a magnificent command of language, a penetrating cross examiner, backed by e rudition in Jaw and literature, he was the consurrunate advocate IIis practice rapidly expanded, particularly in civil cases, which became and remained the predomina1\t part of his practice
Cairns had a large circuit practice at. Warrnamboo l, Ballarat and GeeloIl8 . Here , his capacity for the good life in addition to I,he hard working Life of a barrister was evident. At the "circuit table" he was an unparaUcd wit and conversationalist, likewise the Latin (perhaps most of aU) and anywhere else he went.
He poeticized some cases in which he appeared . The classic was McLeod v Und, a jury t r ial held in Ballarat in 1972, ill which Cairns brillianLly captul"(,"{l the camaraderie and ethos of til e circuit ilar.
Given aU thaL, Cairns was and remained a very private man. A deal of what appears in this tribute only became available after his death. He was loath to speak of himself o r his great achievements.
Cairns took silk ill 1975. The Law Society Bulletin South Australia noLed: Pnlctitioners in South Australia, particutarly those aged mid over, would have been delight.ed Lo learn that our hook-nosed, cranenecked, Cairns William ViIleneuve·Smith was re ce ived as a Quecns Counsel by the Supreme
Unsurprisingly, his career us a leade r flourished. Cairns, a man of erudition and vast common sense, was appointed to the County Court in 1983. Thereafter he served as a fully serving judge until February 1995 and as a reserve judge lmtil February 1998. At his crowded funeral service Chief Judge Waldron said:
Gairns' presence the County Court Bench for th ose fift years palpa bly enhanced the standing and stature of the Co urt By intelligencc, by his wisdom, by his appre ciation often appropriately cynical appreciation, ellow hUllums and hwnan affairs, by ltis legal acumen, and particularly by his tolerance, forbearance and sense of hlmmnity, he was in evcry sense a lruiy grcatjudge. That was the universal anticipation wi le!! he appointed. I [is perfonnance satisfied Umt flnticipat.ion LO the full.
Cairns had a consuming passioll for the turf which conunenced at nine, (as he would ully de:>cribc) when ius father took him to the Great, l':astern at Onkaparinga. lI metropolitan race meetings, punter, and had all encyclopaedic knowledge of thoroughbred
He was deputy chairman o f th e Racing Appeals Thb Lm al since 1990, a position he occupied at the time of his death. J udge John Nixon, now chairman of that Tribunal said his eulogy, lIe sorely where his n xperience of the often to devastating registrar and of racing in bred racing poorer with
He married Pamela in 1955, T hey were a devoted couple. Cairns suffered a serious cance r in 1988, which, greatly assisted by Pamela, he head conquered and rcswned and other things licitous tribute retirement.
In 1960 to thls city, law utcom e of whieh neit.her predict. My wife sacriflced her own ca reer in ord er to success-
fully promote in that enterprise; but she the mundane but essential drudgery secretary/driver to a barrister, When J slumbled she steadied me. When 1faltered she stood firm beside me, when 1 doubted she rallied me. I look back thmugh the arches of Ute years and I am staggered at UIE ! immensity of my indcbt.edn ess to her, nnd gathering and on thisedge all of these things ! thank salute her.
Th e Vittorian Bar salutcs and honours the noble memory of Cairns VilleneuveSmith.
F'OOTNOTI;;
The det.ails of the r emarkable genealogy of Cairns ( r a r ely mentioned by him) were prin ipally contained briefcase whith during his li fe was opened only by him.
Most helpful were two artides in the Law Society Bulletin (S A.) by Helen WhiLington, fonner librarian of the South Australian Supreme Court, and to whom I recently had the pleasure of speaking. y and brilliantly of F'rank William Villeneuve-Smith. some beating:
When uver 60 years o f age he won a bet by driving team or bullocks down sevr.ral of e 's principal thoroughfares, to the complete amazement 01" legitimate bull puncher he astonished nonplussed by practical ami vocal kno wledge of the skiU.
Peter O'Callaghan QC
Youth 's Perc e ption
To live il l brownstone mansions And pour Lea for t e pid old maids In cups of egg blue china Watching glass empty? The depths that. beckon With seaweed arms were
Than hea r ts And eckon Paper profits.
Launch of the Victorian Bar's Legal Assistance Scheme
On 16 Febr u a r y 200 1 the Ch ief J ustice of the High Cou r t o f Australia, th e Hon. Murray Gleeson AC, fo r mally launched the Victo r ian Ba r 's pro bono sc h eme, to be managed by P IL CH from offices ill Joan Rosanovc Chambers.
Pr oject Manage r Ma rga r e t Camill eri of Voltmtas, the P r o Dono Sec r eta ria t, r evie w s the fmdi ngs o f a survey into the cont r ibu ti o n s ma d e by the leg al pr ofession in Victoria.
ONE of the primary aims of Voluntas is to promote and doclunent the pro bono cont.ributions made by Lhe legal profession in this St.ate.
'1'0 this end November 1999, a survey of Vic torian barristers conducted and subsequently launched Vic to rian Chief Justice Jolm Harber Phillips and Victorian Bar Council c hairman Mark Derham QC in Canberra at. !.he First National Pro Bono Conference T he aim of the survey was threefold:
• to ascertain the ext.ent. of pro bono work being provided
• the factors !.hat influenced the decision to prov ide on a pro bono basis, and
• t. he types of matters in which pro bono services were being provided
Voluntas conducted the survey in consultation with Victorian Bar Council and research [Lfffi Scalar Science The "self completion" questionnaire, accompanied by a letter f rom former Chainllun of the
Victorian Bar Council, Mr David Curtain QC, were then distributed to 1380 barriste s, of these 227 were completed and returned, representing a 16.4 per cent respons
For purposes of the survey the fo llowing Law Council Australia of pro bono was "I. A laWYer, wit.hout fee tation of a fe e or at advises ancVor rep r cases where
Ian Walker, President oj the PILCH Board ; Chief J 'ustice Gleeson AC and Mark Derko:rn QC, Chairman oj the Bar Council.
(i) a client has the courts and and/or (li) client's case raises a wider public interest; or 2, The involved free community legal education and/or law reform; or 3, The lawyer is involved in the giving free legal advice and/or representation La charitable and community organizations."
increase awaregroups and should be undertaken" (page II) and to encourage schemes, thereby redUCing of direct requests to ba rri sters.
(Law Council of Australia, {992)
FINDINGS
Exlent of Pro Bono
The level of pro bono work being provided: 205 or 90 per cent of respondents had provided services on a pro bono basis in Lhe Last two years.
An ove per cent of respondents stated they do not keep a record Despite this, the median monthly pro work is $1500".
Interestingly, 40 per cent of respondents do pro bono work only requested. Moreover, of the 22 respondents who had not done pro bono work in the last two years , they indicated that. the reason was
As you would expect there many reasons why a barrister choose to offer to provide bono basis. Th e most are; social/moraVpersonal of responsibility; access to justice - those who cannot
"it hasn't come up". The report raises the question as to "whether all offer of accepting a brief on a pro bas is is to be made t.o a client, o r whether if there is no request, no offer is made',?
barristers consider to be pro bono the three most common responses were: mat ters falling into point I of the Law Council of Australia definition; reduced fees; and matters failing into point three of the Law COlUlCil of Australia definition.
7'ypes of matters
Not pro bono services are provided multiplicity of areas of law; twenty areas were ident.ified in the the most frequent criminal, commerciaV tax/lease and administrative/privacy. The three areas in which pro bono services were least available were : defamation; professional regulation; and public utilities services.
In comparison the areas of Jaw with the greatest demand pro bono assistance were: criminal; discrimination; COllllnerciall tax lease; family/children; welfare.
Conclusion
afford to pay should [lot be denied access to legal advice/representation; and [mally, something back to the commWli t
iriftuence
Requests for pro bono assistance from a number sources, Ule fIVe most frequent sources of were: direct requests from individuals; cOllununity organizations; other; Barristers' Clerk; and PILCH.
A reconunendation in the report sug-
It is abundantly clea survey of the COIlducled of that there strong rJ1C profession provision bono, This is by no means a phenomenon, raUler one that has acknowledged by tile broader community
Certainly there were raised in the survey that are further discussion and debate. Specifically, !.he impact. of legal aid cuts on the level of demand for pro bono services and whether promotion of pro bono contributes to increased dependence by government profession.
clear pro changing, gener'd11y. Change reluctance, enthusiasm and almost certaInly debate!
that influence decision to take on pro bono work include: inability of a client to pay; public interest relcvance; client can't get legal aid; focus on particular disadvant.aged groups such as disabled; and legal aid cap has been reached, Interestingly, when asked what work
Copies of the report. "Survey of Pro BOlla Activities of Victorian Barristers" is available ill hard copy by contacting Margaret Camilleri at the Victoria Law Foundation on 9602 2877 or e-mail: margarelc@vicij.asn.au and electronthe Victoria Law Foundatjon www.viclf.(I.srt.au/VoL Barrister_Survey htm
Similarly, if barristers would like more information on pro bono oppOitunities available to lhcm, contact the above e-mail address and/or websile.
Margaret Camilleri Project Manager Voluntas: Pro Bono Secretariat
Plaque Unveiling Commemorates Previous Lives of Supreme Court's Notable New Acquisition
At a ce r emony held on 16 February 2001 , a plaque was unv e il ed to commemorate the occupation of 450 Little Bourke Street , Melb o urn e b y the High Court of Australia from 1928 until 1980 , and by t h e F ederal Co w t of Australia from 1977 until 19 99.
Hi gh Court Chie f Ju sti ce Gleeson AC , and Victo rian Supreme Co ur t Chief Ju st ic e P hilli ps, r ecall e d so m e of t h e fam o u s cases that took place th e r e .
lJUST ICE GLEESON
am joined on the Ben ch by two of my colleagues fTOIIl the High Court, Justices Gummow a.nd Hayn e, and by Chief Justice Black of the Fecteral Court of Australiu, and the Chief .Jus!.icc VicLorla, C lief
The the p laque it.'lcl f expressed which is suitab ly modest simply records the fact it and makes no referto allY personalities, present, style designed in Commonwealth is said style"; House now be the style has of govarguestablished in Principal 1928, it Supl'<" ting Banco October
"The baroque
style has never taken on in the nation's seat of government, except occasionally in the arguments of counsel in the High Court ."
Although tile CourL'S fIrSt Principal Registry was in Mclhoul'llc, all th ree of tlte original members resided in Sydney. The Chief Justice, Samuel Griffith, had been h ief Justice f Queens lan d He was a native of Wales, but spent l1Ios1 of his c hildhood So uth Wales and attended ersity When he was appointed of the High he Brisbane but a in e Sydney, forpracLical purposes, there oUlCr two memof the Court, Justices Barton and O'Connor, mentioned studied of gradua interesting degree. There asant
Chie f Justice and the Atto mey-General, .o mey·General becau::;e Court's Melbourne , Ule receive allowances Melbourne to sit responded !.haL, in Court would not sit in Melbourne. There was exchange of acrimoniolls correspondence. question was only resolved when government, of which Sir Josiah was a member, fell, and was succeeded by Attorney-General Isaacs, who pted the claims t)w Chief Justice
The High Conrt continlled travelularly Ilntil its Canberra building, secu red by the initiative and efForts of Justic e Barwick, was opened May 1980 From that time, the CoUl't's headquarters have although it still e, ill Sylilley Ollly to leuve to appeal, Gurnmow Hayne ourselves e s cases Th fonna! opening Brottun·u.m Maj ready the Court went immediately appeal
High Court ChUff Justice Gleeson AC with comnumwrative p/a.q1.uJ of ptWiou.s occupants.
SUP"l"lJ'TM
in a case involving an a ction for debt for £47114/4.
ChUif Justic e Black with /.he
Th e fJank Natiorw.lisation Case was days argwnent, the ,Ju stices would be given h undreds of pages of wriLLell argument to digest, and at the co nclu s ion of ora l arg ument they
that of o ur hist o ry sho ul d be comrnC loorated.
JUSTICE PH IL LIPS
CI-li EF J stice Gleeson Ilnd olhe distinguished colleagues riends
On members the Supreme you, Chief Justice Gleeso n and the other Justices apprec1ated by Court. building present in my I , Starke speaking the Robert chief accordingly. Pentridge following Owen the be
would go Oil inunediately to hcar the next indica· em· cy.
I am pleased to report that, mark occupancy broLher Chief Firstly, print and particularly t tills ought expeditious attendcci by many disappointments and became ef J u stice I shall presence" he e while the negoUaLion s were continuing. After some conSideratio n , as with Chief Justice Bla k's consent, I invited ur coUeaguc Justice Marilyn Warren it here Lhe premise, which [ still regard as pr be ng
This Court buUdin,g, and its by the HI,gh Court, part of the history our Fe d c ration . It is ap propriate that, in Lh is year in which we ce l ebrate th c Centenary of
it all turned out well. I should also thank you, Chief Justice Gleeson, for honouring us today hy your presence and addressing us . I would now propose tha t we adjourn to the front of the building fo r tile unveiling o f the plaque.
Black Friday the First Modern Show Trial
By Mark Robins
Some may t hink that the arb itra ry inte r vention by the executive o r its misuse of q u as i-judical power in o rde r t o secure fisca l advantages and imp roperly ex p ro pr iate p rope r ty is a mode rn dev ice. Sadly it is not, as members of t h e Order or Knights Temp lars we r e to learn to the ir g reat cos t some 700 years ago.
IN the openinH passAAe of The Go Hetween, L P. Hartley wrot..e: "The past is ajormgn country: they do things differently there. " The world is rarely so simple.
Shorlly before dawn on Friday 13 1307 AD, the day from which the phrase "Black was coined, the officers of King Philip IV of France arrested every member of the Order of the Knights Templar in the kingdom of France and seized every piece of movable and real property of Ute Order located there. The arrest and seizure was a meticulously planned and surprisingly weU executed covert operation, quite wlcharacteristic of mediaeV"dl times. Seven years later in 1311 the last Grand Master of the Order, Jacques de Molay, was burnt at stake as relapsed heretic, the Order having fo r mally abolished by Pope Clement V in 1312. The pe r iod between the arrest of members the Order of Knigh ts Templar ill )o"'rance and the auto-da-fe of their last Grand Master witnessed a purported inquiry and show trial of which somc of the ogres of the century just past would have been proud. It should be a cause for wonder that Joseph Stalin was an avid student hislory!
vows of obedience, poverty and chastity, but the Order itself was free from the proscriptions usury which applied to other Christians. As result of Lhis monopoly, the Order swiftly became the principal banking house in Europe. The considerable wealth that acc r ued to the Or der from its banking activities, coupled with signifIcant bequests and gifts of land and property from lay people wishing to escape or reduce the then perceived rigours of Purgatory, soon of the richest and most envied in E:urope. instance, by 1307 t.he Order owned over 9000 manors in Western Europe. The Order's independence, together with its wealth, and the jealousy and resentment nowing therefrom, were in large part the seeds of downfall
caravans of piJgruns travelling to the Holy Land from the onslaught of Muslim raiders. Indeed, Lhe Order's distinctive white habit bearil1g a red cross worn over chain mail armour is the source of our own cliched unage of the typical crusader!
But let us stop and go back a mometU in time. The Order of the Knights Templar was in fact founded as the Order of the Poor Fellow Knights of Christ of U1e Temple of Solomon (Pauperes commilitones Christi Templ-iqu£ Salomonis) in 1119. They became known to history as the l'emplars because their headquarters were based on the site in Jerusalem believed to have been that of the Temple of Solomon. Order was of military monks established prot.ect
The Ternplars originally formed by a small group of French knights sponsored by Bernard of Clai rvaux, one of the principal authors of the Crusade of 1096, and had as their sole superior Pope himself. Thus, unlike any other church or lay organization which then existed in the West, apart from the other principal military order of the Hospitallers (who are st.ill with us in the form of the Saint JOM Ambulance) , t.he Tempiars were not. subject to the temporal or sp iritual rule of monarchs, bishops cardinals
Individual members were subject to
In 1291 last of the clUsader States in Palestine to the Muslim reconquist.a. For t.heir own had had a chequered 200 year history of Outremer, playing disastrous roles in the defeats of the Homs of Hatt.in and Mansourah, to name only two instances. This two -edged contribution to Cntsadcs was largely due to the impetuosity and recklessness of several of t.he Order's Grand Masters. Whilst the vast majority of tile 22 Grand Masters who preceded Jacques de Molay had literally died in the saddle and cOWltiess thousands of brother knights, sergeants and lay brothers had also lost their lives in trying to preserve the freedom of the Holy Land, the dubious military record of Lhc Order would ill due course come back to haunt it in the inquiry which followed the arrests of 1307 . With the final collapse of crusading States, the Order, which had always been largely constituted by Frenchmen, concentrated its activities in Prance. Although the Order had a presence in virtually every
Mark Robins
European country at the time, including England and Scotland, the main French crusading nations of the States and the Iberian Peninsula had formed their own largely homogenous crusading orders. Thus by 1307 the majority of the at least 2000 members, of the to be fuund in From thei r large fortifIed complex known as the Paris Tcmple, Jacqucs de Molay and his brethren plmUlcd a further crusadc LO liberate the Holy Land once and for all.
The French monarchy of the 1300s was by no means the wealthy and powerful central govenunent it was subsequently to become afler the Renaissance. Large tracts of what would one day be France were then subject to the King uf England and the major magnates of the French nobility as often as not paid no more than lip service loyalty to their nominal sovereign. Thus, the CapeLian King from chronic bankru p tcy th r oughout the period and Philip himself had to borrow heavily from the Order to whom he was fltill indebted in 1309. This was a frustrating situation for an aggressive and acquisitive man such as King Philip to find himself in but he saw a way out of his fiscal woes by acquiring the treasu re of the Templars. Whilst Philip is ironically known to hisLery as 'Philip the Fair', one must stress that this was for the King's appearance and not for any e xceptional royal moral inclination.
lndeed, it was only velY shorUy before Black F'riday that de Molay approved a generous e xt ension of credit to the French King, no doubt thinking that this would win French support for de Molay's dream of a Templar-led crusade to rec over Jerusalem. The crusade in mind of course, but great-grandfathe r's c rusad e against Albiguensians at the start of the 1200s, the King's cr usade was to be against his fellow Europeans. A wiser lIlan than de Molay may perhaps have worried about the precedent set by Philip's sequestration of the property of the Lombard bankers in Prance in 1291 and of that of Ule Jews of f'rance in 1306, from both of whom the King had borrowed extensively, and relied less the gratitude of this particular King.
Philip initially sought to secure control of the revenues and vast treasure of the Templars by procuring the merger of the Order with that of the Hospitallers, under the he reditary Grand Mastership of a French Prince of the Blood Royal. This firs t gambit on Philip's part fmally failed in 1306 in face of the combined opposition of the Templars and Lhe Hospitallers,
but Philip WdS not a man easily deterred. :lO3 Philip installed a French puppet Pope, Clement later, through the King's own brilliant if unscrupulous Chancellor, Guillatune de Nogaret (who had previously master-minded an attempt with lonna family Le attempt the abduction nd assassination of the Pope's predecessor, I10nniface VlII, at Anagni in 1303), Philip obtained Papal authority to move against in France on Black Friday. The Pope authorized Philip to arrest the Templars in his realm and to conduct an inquiry into various allegations of heresy and abominations levelled by the King's stooges against the Knights Templar. Dr.spite the Pop e's capacity as nominal protector and sole supe rior of the Order, Clement in large parL washed his hands of direct involvement in the inquiry which he left to his royal master, Philip. Orders for the arrest of the Templars outside of Fran ce throughout J:o;urope were issued by the Pope later in November 1307, but these orders were largely ignored. Even th e weak King of England, Edward II , initially refused to comply at all and only after months of delay and considerable Papal pressure did Edward's royal officers tinally move , netting the fine trawl of t wo Ternplars, both presumably either too slow or too stupid to flee. 1-1ven with these two prisoners, Edward declined to apply torture. Late in 1310 the Pope sent ten experienced torturers England in order circumvent fmal excuse that there were simply experienced torturers to be fowld entire Kingdom of England and Wales! With no little irony, th e P ope's final letter to Edward commanding the application of r.orture to the imprisoned Tcmplars was dated Christmas of that year! The Papal arrest ord was simply ignored by Robert the Aru of Scotland . The Lusignan King of Cyprus politely replied to the order addressed to him that he had already t ried the Tcmplars of Cyprus and found them to be entirely umocent. Similar acquittals ocr.urred in the Kingdoms of Aragon and Castille Thus the heart and soul of t.he trial of the Knights Templar WdS to be found where it had all begun, in Fran ce.
The secrecy of the Order's rituals, which were in fact based on thc Benedictinc Rule, was also a source of alleged concern. In particular the Order'S utitiating rit e was asserted by Ute Kin g's informants to include obscene or infernal Lhe denial Christ and spitting or urinating on the crucifix. Another signilicant allegation wa s that many members the Order were engaged homosexual activity, and like trials conducted by some of our llear neighbours, this allegation was prominently repeated again and agaul. Ultimately 127 articles of cha rge were framed agaulst the Templars, many of which articles had been copyrighted at the time of the cution of t.he Cathars 100 years earlier. Philip too was capable of learning from history.
In due course, not cowlting tortureinduced confessions, barely any evidence which would be even remo tely admissible, leI. a lone c r edible, in a modem Court of Law was eve r adduced to support imy of the apparently trwnped np allegations against the Order. Eventually best, only [lYe jlmior Templars gave some rather unsatisfactory direct oral evidence for the prosecution. It is invariably an arid exercise to compare the procedures and laws adopted by tribunals of the past with those of our own time, but few such comparisons are as Wledifying as that of the t.rial of the Tcmplars.
The main allegation of heresy against the Templars was that they were said to venerate a talking head of gold, reputed to be that of John the Baptist, or alternatively to worship a cat. They wer e also accused of having lost the Holy Lmld through their military incompetence int o which accusaa none too sublle hint of treachery and bribery was woven by de Nogaret.
The first phase of the inquiry involved a interrogation of indi2000 or Blac k F'riday gaoled in harsh conditions in hundreds of scattered locations. LiLLie or no communication was allowed between the various groups of prisoners. Moreover from the very first days following the arrests torture was applied to secure the requisite confessions. Thus, pain, fear, starvation and isolation played a key role in the first critical months. There was leadership initially From the Grand Ma.<;ter or othe r senior officers of the Order. On one level this was not surprising Ul that de Molay was then over 60 and illiterate - but the thunderbolt truly st.ruck when wlder threat of Lerlure de Molay himself confessed to having denied Christ in his own admission to the Order ove r 45 previously and to having then been ed to spit the crucifix (although Molay swore that he i.n facL spat at the floor) , It is possible that at first the Ord er's brethren se ri ously believed that the Pope would come to their aid as the charges themselves must have seemed ludicrous but if so this hope was dashed by the
literally stulUling confession by de Molay, For an Order obedi· ence to superiors at the head apparenUy paralysed, or even worse beginning to crumble, it seemed unlikely that any of the junior members of the Order would come forward to defend it. Naturally no non- Tcmplar trained the law could come to their aid, for that would be a self-imposed death sentence for heresy. Indeed, in 1310 the Pope expressly decreed anyone offering aid, assist.ance defence the 1':rnpianl was regarded heretic!
In late 1309 the the 1'emplars finally conunenced before a sevenman Papal Commission. Unsurprisingly, the Papal Conunission riddled with the creatures the of "'ranee and the outlook was the Tempiars Philip's team of headed by de Nogaret and Guillaume Paris, led with their strongest witnesses, de Molay and the Order's Grand Preceptor, both of whom had confessed of dtarges against as now, a witness's evidence can sometimes ruin an otherwise finely planned case, and both de Molay and the Grand PrecepLor promptly retracted their confessions they appeared Both flllse product solely thrp,.at of torture. De Molay for his part otherwise declined to lake up the defence of the Order on the excuse of his illiteracy and lack of legal training, but demanded the opportunity to speak to the Pope personally. Instead of 11 short sharp surgical strike at the head of the plans were now in disarray. 1.he Corrunission, the Archbishop of Narbonne, a close crony of Philip Ule Fair, adjourned the Commission wltil February lhe next year to give de Nogaret and the prosecution team time to
The intelVene furtlwr or speak to de Molay. The King's lawyers spread the word of the Grand Master's continuing refusal to defend the Order in the apparent hope that tltis would demoralise the imprisoned Templars. That hope was to be disappointed too. In March, 1310, after dc Molay again declined take up the Order, the Commission Slliluoons be sent to the imprisoned Templars asking for defenders to come forward. If a trickle was expected, a flood ensued, and 500 of Philip's 2000 prisoners sought leave to defend themselves and the Order as Templar after Templar retracted his confession on the grounds of torture.
22
Eventually nine brave, and to that point largely inconsequential, men were select.cd by the 500 volunteen; to defend the entire Order. Their names desclve to be remembered - lhey were Renaud de Provins, Pierre de Bologna, Bertrand de Sartiges, Guillaume de Chambolmet, Jean de Montreal, Mathieu de Cresson Essart, Guillaume de Fuxo (or Fugo), Jean de Saint Leonard and Guillaume de Givry. The flrst two apparently trainirtg and experience and werc the de facto leaders of the defence, whereas the last two more obscure men, possibly picked random On 7 April 1310, de Bologna foreshadowed to the Corrunission tllat the defence would not only involve a denial all of the charges, but the nine defendalso formally sought the transfer all of the imprisoned 'i'emplars out of Philip's
time of Ole arrests and had ample reason to bear a grudge against it.
The first phase of the inquiry involved a two - year process of interrogation of individual Templars. The 2000 or so Templars taken i n France on Black Friday were gaoled in harsh conditions in hundreds of scattered locations.
The extent the weakness of the evidence adduced to the Conunissioll as balanced against the strength of lhe defence case must have been all too apparent to Philip and his lawyers. And so, on 11 May 1310 the Archbishop of Sens, lhe recent Royal appointee Phillipe de Marigny, whose brother Enguerrard de Marigny was the King's principal counsellor and who been actively involved in the framing prosecuting of the charges against the Order, convened a Provincial COWlcil of the Church at Sens. A Provincial Council had canonical jurisdiction to take action against heretic found within the province in question. It was HO mere eoincidencc that Paris, where most the Templar prisoners were housed, fell within the Diocese of Sens or that de Marigny was a friend of Philip.
starvat.ion
Philip's and
provision from the Order's funds for the conduc:t of the defence. Unsurprisingly, each of these applications was declined by the Archbishop of Narbonne. Further, resm"Ved the right challenge fundamental validity of tile Conunission and the procedures which had so far been applied against the Order and its members.
The Provincial Council of Sens COlHmenced sitting despite the continuing ing before Papal Commissioll. On 12 May 1310 Ole Archbishop of Sens declared that every Templar wi\.hill ltis jurisdiction who had retracted their confession was automaticaUy deemed a relapsed heretiC, and that there be no exception whatsoever. This decree was upon a convenient of Canon which also datcd to the A1biguensiall Crusade and was applied by the King's pet Prela/:(! with full rigour. The sentence llitiversally imposed on relapsed heretics was death by fire and on that very day 54 Templars who had retracted were burnt at the stake. The Archbishop and the King rightly reasoned that dead no tales and the Papal CotTImission never hear from these turbulent the end of May the Archbishop had burnt between 68 and 120 Templars and every Tempiar who had hitherto offered to defend the Order withdrew their offer and almost every retraction of confession was in tum withdrawn.
Philip's prosecutors over the next few weeks then called eight witnesses, three who been, King. evidence of these lay witnesses was bald hearsay of the worst description. Interestingly, the individual fortunes of these witnesses prospered surprisingly well after the giving of Uleir evidence - for once Philip's royal gratitude appears to have held good. As for that often At the years the
On 30 May 1310, defenders left for the Order, Ute Commission adjourned itself indefiltitely. The geous Renaud de Provins and Pierre de Bologna were handed over "for Clan" to the less than tender mercies of the Archbishop of Sens, The trial of the Knights Tcmplar effecLively over. All that remained cleaning up of the aftermath had WOII.
In 1312 Pope Clement V declared the Order dissolved, the cash and treasure seized by the King of ""rance to be that of Lhe King (which was just as well as it had by tllen largely been spen!.), Philip's own vast debts to the Order forgiven, and
the real properties of the Order to be surrendered to the Knights Hospitalier. On 14 March 1314 Jacques de Molay and three other senior members of the Order refused for the last time to withdraw the retraction of their own confessions. As relapsed heretics, they too were burnt. l<rom the flames de Molay is said to have cursed those who had wrongly persecuted the Templars, saying that they would soon follow him. De Nogaret already died in 1313 but within twelve months of the immolation of de Molay, hoth Philip the Fair and Clement V were dead. Much later when Louis XVI met his own fate at the guillotine durin& the French Revolution, a man is reported La have leapt from the crowd, dipped a handkerchief in the King's blood and cried, ''1'hus stands Jacques de Molay avenged."
Lhe Century. Otherwise, not COWlting the Hospitallers' dieha.rd pira!'e bases in the Mediterranean, crusading was largely confined to the Iberian Peninsula where the Templars were reconstituted in new military orders to pursue the Spanish rcconquista Wltil 1492 and to Teutonic Knights in Germany and Poland until the 1560s. Moreover, the sparks of unrest caused by the blatant misuse of Papal Episcopal power against the Templars would in du.) course, lea.'l\. in small part, contribute to the the Reformation of the 16th century.
white habits emblazoned with red crosses, held a thanksgiving service on the site of the Temple of Solomon. To this day the Anglican Vicar of the Temple Church bears the title of the Master of the Temple. Although Temple Church was severely damaged during the Blitz, it was lovingly restored with funds raised by members of the London Bar after the war. Thus in a small if ironic way, the Poor Knights of Christ continue their struggle for justice through the activities of every barrister who has inherited, at in parl, the English tradition, which includes, of course, the Victorian Bar.
BIBLIOGRAPHY AND SUGGE:STE:D READING
A truly efficacious and long -lived curse it would appear!
Whilst stories of of rerl)nants of the Order persisted after 1314, including accounts the mysterious sailing of the Templar treasure west just before Black f'riday, the presence of Knights Templar fighting for the Bruce at Barmoekburn and even to the quasimythical origins of Freemasonry as being founded by diehard Knights, the destruction of the Order wrought by Philip and Clement appears in fact to have been pretty much complete. The ripple effect from Black Friday was, however, considerable. With the disrepute brought upon the Papacy by its involvement in the farce of the trial of the Order, the crusading movement was generally discredited in Western Europe save for the iU -fated Nicopolis Crusade which occurred later in
Interestingly, the destruction of the Order ultimately had an indirect benefit for the Bar in England and therefore in due course to the Bars throughout the Commonwealth. After the transfer of the Tcmplars' real property the HospitalJers, the Grand Master of the Hospitallers found that his headqualters at Clerkenwcll suited his own Order's needs quite well and he leased the sequestered lands of the Templars in Westminster as inns for the trial lawyers practising ill Ule nearby King's Courts. This area became known as Temple Bar. The Benchers of the English Bar continued t.o lease the area from the Crown after Henry Vlfllater abolished the religious orders, including the Hospitallers, in England. Ultimately another financially strapped King, James J, sold the larld in to the Benchers in 1608 and it remained the occupation of the Bar from that time Oil
When General Allenby's forces, including our own 40,000 Light Horse, liberated Jerusalem from the Turks in 1917, after some 630 years of occupation, it is reputed that members of Temple Bar, wearing
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1. Bdward Burman's Supremely Abominable Crimes, London, 1994, Is a compelling exaetu18 accOlmt of lhe whole trial of the Knights Templar - in writing this article I am greatJy indebLCd to this excellent work from I have txlrrowed heavily and which [ commemJ to any mediaehistory or law,
2. Robinson 's Du'll{Je<Tn, Firo Sword, York, 1!f.l1, is a popularist of the existcnce of the Knights Tcmplar and the Crusades although inaccurate in pari. and generally lacking adequate HOLeS with which some the author's more lurid passages, it is still an enjoyable and at
3. Desmond London, 1972, history of all Military Orders of Ages and topicheartrending last words
-1. Ucad's The 'limlplars, 1999, London, very readable, scholarly covering the whole of the Order. It mereifully replete with foolllotcs.
"Be Not Afraid" is the motto on the lette r head of St Patrick's Cathedral. On the opening of the Lega l Year, this and other parallels we re drawn between the role of lawyers and the role o f religion.
I find myself asking "why attend a religious service on the opening of the legal year'?" Surely this is no more than an archaic (perhaps arcane) piece of lipservice to the intended moraUty of our system? Yet, in a world where the mant ra of "the justice system is not really about justice - or morality" is played by the media and the public, it is aU the more impo rtant to remind ourselves - and them - of the foundations of our profession
A fres h look at who we arc is always useful As professionals, we understand the not ions of duty and commitment. As lawyers, we understand the difficult and amorphous nature of truth . As people, most of us want to see a good society lived in a well-ordered marmer (J still believe - perhaps naively - t hat we would all rather live in a world whe re we were not necessalY) Reminders of all of these things were contained in the se r vices given to open the lega l year.
On Monday 29 January 200 1, the profession as a whole gathered at four services across Melbourne to celebrate the opening of the legal yea r Services were given by Rabbi Morgan at Temple Beth Israe l , Archbishop Pell at St Patrick's Cathedral, Hi" Eminence Archbishop Stylianos, Plimate of the Greek Orthodox Church in Australia, at St Eustathios Cathedral, and the Reverend Alistair Macrae, Moderato r of the Victorian Synod of the Uniting Church, at St Paul's Cathedra l.
The fact that senior members of the j udiciary each year attend services o f faiths other than t heir own is an indicato r o f the d ive r se and tolerant nature of our society. The services are widely attended by all levels of th e profession.
Th.e services were preceded by breakfast. This is an excellent opportunity for pract itione rs of varying levels of seni ority to mee t at an occasion both serious and celebratOlY, as attested by the photos. 24
St Pa ul' s Ch a p te r Ho use b r ea kfast
I.Jyn Spencer and Lesley Mckenzie
James Syme er MukhlarQC
Mark Derham QC and Master Kathy Kings
Alex Chern ov JA and Pete,· Riordan
St Patrick's Cathedral- Re d Mass
"BE[lot afraid". The Catholic service spoke of "wisdom, understanding, counsel, knowledge, fortitude, piety and fear of the Lord" as strengthening the intellect and the wilL Archbishop Pel! unsLintingly referred to the roots of faith and the role oJ the church in the modern world. He spoke of the danger of excluding God from society and the devaluing of human life which follows. "When no longer believe human life is sacred, it can be bought and sold like ally other conunodity, used for expe rim ental purposes and destroyed when inconvenient or imperfect."
Agree or disagree with his views, they are the comerslone of two powerful ideas. He urges that the State does not and calIDoL remain "morally neutral" as laws inherently tak e one side or another, and all of our conduct and decisions involve an assessment of right and wrong. Justice
is not therefore some random thing, but a thing to be supported and defended within a strong state framework. And the other powel"ful idea that we bold in our defence of what is right , even if unpopular - to "Be not afraid".
Goverrwr John aoo Mrs l.a'fUly at St Patrick's Cathedral
Archbishop
St Paul's Cathedral
THE Anglican service urged itSDWll support ofjllstice. Throughout the sermon was acknowledgement of justice as needing to serve those who have the least
only political" the service carried on that tradition. \Vhilsl justice requires mercy and therefore discretion, mandatory sentencing fl outs biblical principal. "We do
then, discrelionary powers, the exercise of understanding and mercy with juvenile Aboriginals to fail (of justice) comprehensively."
ATSL Eusthathios, the Archbishop urged practitioners to use law andjustice to develop both "identit.y and diversity" in creating solutions to the problems of individuals and society. (The Orthodox church is well placed t.o make such suggestions. Its service is described in the program as being delivered in Arabic, Romanian, Serbian, Bulgarian, Greek and English!)
TThe Archbishop supported the role of lawyers in finding solut.ions in unpleasant circums\..a.nces. He said, "[I, will never be enough La pray for all servants of the legal andjudiciaJ profession, so that they remain faithful, courageous and patient amidst the many unpleasant circumslances r hat they are expected to handle."
our clients - who believe there can only be one truth and who have trouble seeing that there may be reasons and observations which differ from their own but are still rational and, objectively, "true". After all, isn't that what juries sometimes do - determine whose "truth" is the more powerful?
IT can also be indicat.ive of a different kind of struggle client. who feels "wronged" but for whom there is no legal remedy. Whilst are sometimes quick to clients as "crackpots" or "victims", we might be less quick to do so if we try and assess the power their belief is having on them. It won't give them any legal rights, but it might help us deal with them somewhat more compassionately.
HE service given by Rabbi Morgan at Temple Beili Israel had some interesting insights imo the of myth which could be equally applicable to the nature of truth. As lawyers, whilst we develop a somcwhat contradictory view - both a profound respect. for, and cynicism of, the ideal of "truth" - we certainly learn very quickly t.hat. t.here such thing as absolute truth.
The Rabbi said, "Knowing the power of myths in our lives should make us think more deeply about the power of ot.her people's myths and be less quick to dismiss t.he mytJls of others as impotent., while ours - because they are ours - must be true and powerful."
This is a slruggle we often face with
The Rabbi, perhaps unconsciously calling on the increasingly successful role that mediation is having in our system, urged people to be more underst,anding of others, citing the differences of opinion of white and Aboriginal Australians, and Israel and Palestine, as examples. r doubt. even our best, most insightful mediators and counsel would manage the resolutioll of those issues!
Be reminded of the importance of our work in the lives of others - I mean that not arrogantly, but we real facc of t.he our justice system - we ought be understanding, compassionate, prepared to give of ourselves, and, as well, be not afraid.
Carolyn Sparke
Tem p l e Beth Is r ae l
Ludlows Tailors aNew Service
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As more and more members of counsel become "compu ter literate" and make use of the Internet and e-mail services available to assist them in their practices, the need t.o make better use of their time and resources using these facilities is becoming apparent.
Enter, Ludlow Legal. To this point Ludlows has been exclusively a high quality men's wear, legal attire, and barbe r shop service at 146 King Street, Melbourne, and this wiU continue. To extcnd its contact with the legal profession, Ludlows has now entered into the additional new venture of Ludlow Legal, a national and international on-line trading service in secondhand legal hooks for lawyers.
"Volumes Wanted", and Conlact Details.
Now lawyers will be able to list on the In terne t at the Ludlow Legal websi te "Volumes for Sale" ancVor "Volumes initiaUy at no charge as stocks are built.
Ludlow Legal website at IILtP;/Jwww.lu(llm\-JrWII.("o/l! and you will (right) in which lo enter your buying or selling requirements from your computer keyboard . l':nter the books you want to buy and/or sell, giving your contact det.ails, and send to Ludlow Legal.
Lead ing sea rch engines such as ADL, 8xcite, Yahoo!, and Google will makeeariy recognition of "LudJow Legal" and books" on-line anywhere they reachnationally and internationally.
Ludlow Legal's cha rge is 30 per cent conunission of the [mal buying price, plus freight, payable when the vo l umes are sold. Paymen t can be by cash, bank transfer, or credit card.
'l'alk t.o Andrew Tolley at Ludlow Legal abont this service, and consider whether it could assist you in better management of your practice.
Above: Home pa.ge of I udlow Legal. and (right):jorrnfor enteri'YI.{J your "Volumes jor Sale" and/or
Volunteers for Intervention Order Service
Th e Broadmeadows Community Legal Service is looking for legal volunteers to assist clients at the [ntervent ion Order Court S up port Service a t the Broadmeadows Magistrates' Court on Friday mornings. You would be required to attend at the Co u rt a ppro xi ma tely eve!), four to s ix weeks.
For further information, please contact Flora Cui pan or Maria Casey on 9302 3911.
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Women Barristers' Website Launch
Two hundred and six partic ipating wom e n bar r i s t e r s ar e c ur ren t ly listed on the Victorian Bar's we bsite:
OWomen a new the co mmen ce Barristers tory rian www.vi ucsts the ria, rt Law the hnirm;U1 Mark of Victorian and t.a rk attended. epo y Wome was published l 1998, crea as published, workshop which
bri fing practices discussed. It revealed so briefmg women were briefing men know ap pr opriately d ir ectory provid es in fo rmation about par-
Registry
slrat.ed how lhe information in Ule direcwry Attorney-General wel irectory, adding eve a Derham aJUlou years have e r comparative survey t
Constitutional Monarchist's Request for a Royal Teapot
ML er years of "going poUy" for a teapot embossed with t he Royal signatur e to be a companion for his r oyal tea cup corrunemorating the 195 4 Royal Visit, barrister and constitutional mo n archist P eter Rosenb e rg too k dire ct ac t ion, app r oachi ng Buching ham Pa lace f or h elp
Owen Dixon GII.ambers 205 William Street MeUxl1.lrYW SOOO
12 Feb ru ary 1998
Your Majesty
Re : Request for a Royal Teapot
Some months ago I wrote appraising you of t h e difficulty I was experiencing in obta inin g a teapot embosse d with the Royal Insignja to be a co mpanion for my "Royal Tea Cup" comme morating your 1954 visit to Australia.
sec wh e ther you possessed an appropriate teapot Umt would s uit my purposes. Even a chipped o r cracked example would be greatly appreciated.
However, I ha ve noL heard from you Would you conside r fm d ing time between your Royal duties t o do a quick c heck of your crockery (or send orders for one of yo ur servant.s to conduct a scm-eh) and forward to me the requested item
I am quite h appy to pay a reasonable swn to secu re an approp ri ate tea-pa t _
Your loyal Subject,
26 1998
Dear Mr Rosenberg r ani comman d ed by The Queen to thank you for your letter and to explain that beca use of He r Majesty's rules in these mat t ers I regret that it is not possib le for her to do as you ask.
I am sorry to have to send you a disappointing rep ly.
Youri> Sincerely
Pauline Adams Lady in Waiting
I enqui ed whethe r you would be so kind as to check the Royal cu pb oards 1.0
Peter Rosenberg
Owen Dixon Chambers 205 William Street M e/hourrw SOOO 5 March 1998
Lady Pauline Adams Lady in Waiting to Her Majesty Qu ee n Eli zabeth II, Hucki.ngham Palac e Loncion Gr eat Britain
Dear La dy Adams
Re: Request for a Royal Teapot
Thank you for your letter of 26 February, and for replying so promptly to my request of "ebruary. I have enclosed a copy of my prev ioui> Idter in orde r that you do not have to search through your fU es.
I have been a practising barrister for some twenty-three years, and I am most inte rested if you could inform me of the Rule whi ch at fu-st blush appears to prevent compliance with my re quest. In any event, we all know that some rules can be honoured in the ir breach. When regard is had to the simp le an d reasonable nature of my request, pe r haps the matter could be re -assessed
Peter Rosenbe'lY with
Would you ki.ndly lake the issue up with Her Majesty at the appropriate time, e.g. during afternoon tea o r after supper, and en t reat. her to bend the rules for one of her subjects.
I loo k forward to hearing R8ilin (rom you
Peter Rosenberg
Re: R e q uest for a R oyal Te a pot
Thank you for your delight fully expressed o f J9 March. Your felicity of expressIon causes me to ponder whethe r you might spend some of your less official moments in composing poetry or writing prose.
am
anses year-old, in several Ollt
I do not ask for spcc ialtreatment
A teapot only is my aim I really am a loyal subject
And oft. upho ld our dear Quccn's nam e. Now jus t between us both, d ear lady ( Is it Miss or Mrs Dean?)
BUCKINGHAM PALACE
Dear Mr Rosenberg,
March, 1998
Melbourne occasion that I first met. Her Majesty when she drove by in an open Land Ilov e r [ Cricket in 1977
Yon ffii8ht find one that holds one cup! So please, lake pily on me
If you're Sl)cCf'.sstul, please write back
Mrs. Adams has asked me thank you for your. letter of 5 March r eferring to your preVIOUS request [or a cornrilemorativ Lea pot marking the Royal visit ill 1954, and asking that the maller might be reopene d
It is not possible to do as you ask because The Queen r requests each day, and [ am appreciat.e that since it is not pmcticab[c for her to accede to them all, would be unfair to select one and not others Apart from this, however, is the facL t.hat Her Majesty does not herself collect such commemorative it.ems from large of Lours and visits whieh have been ove r t he years
All I can suggest is that approach the main manufacturers of c hi na and porcelain in Australia to sec if they hav e, by chance, an archived stoc ks of the teapot you arc Reeking.
.1 sorry to send you a further disappomtmg r eply.
Yours sincerely
MRS DEBORAH
Unforwnately her as thirty [ast ginally meantimc. It teapot pna!.C Royal ated. I amenable her for one of the Lhat but few her I would take together m
Yours
Peter llosenberg
Senior Correspondence Officer
Mrs Debo r ah Bean retlt 8000 5 March 1998
Sen i Co lT ndcnce Officer
YOllr short. and kindly little missIve Wru! today received by me
r.s. My secretary, Sue Har t , la fine s from HerLfordshircj, has pcrW:lcd our responden d penned th attached ught care cast your eye ove r during a quiet moment.
Th e alas! no \.capot In lea. I amazing That fOWld I,' visiL,> F..R.'s ground.
effo r t. sincerely
MR S DE:AN
S('..nlor Correspondence Officer
There was a Australia who wanted
He asked of'fl1e Qu(!(!n as to whether she'd seen a teapot from circa [;>jve Fou r
Her Majl!s ty grl!at scarciws but no pot could be found which apt. So I'm sorry to say that now comes the day to t ell you H: oyaJ sources are sap ped.
New County Court Project: An Update
THE north-cast comer of the William Street- Lonsdale Stree t intersection now boasts a substantial outline of the new Cowley Court building.
Already the shape of the three floors froming William and Lonsdale Streets can be seen, as can the entrance forecourt (although not its canopy) . These street frontages will be occupied by administrative offices and judges chambers.
The ccntml lOwer containing the courtrooms is not yet visible, although work is well underway on the foundations and lift core for this part of the building.
The terraces fronting Lonsdale Street (across fr om the Supreme Court) have been r etained and incorporated into the new County Court building.
The project has an expected comple-
It is expected that all County Court judges will be accommodated in the new building .
tion date of May 2002, at. which time the building should be fully staffed and operational. It is expected that all County Court judges will be acconunodated in the new building, and all the current activities of the County Court currently found at the County Court building and at 436 and 555 Lonsdale Streets will be conducted within the confines of the new building.
pw. Lithgow
Odd Connections
SOM8 words openly display their pedigree: they convey a fairly obvious hint of their own origins. TItL<; is especially so when they are derived directly from Latin or Greek, or indirectly from Latin by way of French. They may change their form over time, but the meaning remains more or less constant from the progenit.or to the progeny.
approve; & (5) lhosewho know arul dislinguish. "
Others words are much more obliquely connected to their origins, out to be contlected to other, apparently UlU"Clated, words. Take pedigree, example. It is very far from obvious etymologically derived from the foot. In Middle French pie (pied) gru.e is Inscripts, lines of descent were drawn as to suggest the footprint crane, and the resemblance provided metaphor for the relations depicted in the diagram. Introduced into English in the 15th century, the word was originally spelled peede-grew, pedegru, or pedicru. Johnson's first edition attributcd the origins of thc word pere + degre, attributed this to Skinner. In the Johnson still relies on Skinner, but has it as per + degre.
1b boldly go breaches the injunction against splitting infinitives. It has become one of the world's famous split infinitives, often repeated or parodied, after its use in the title scenes of Star 1'rek. Howevcr, it has no special advantage of emphasis or clarity over to go to cheerjully sing again conveys clearly what otherwise an ambiguous poss ibility in to sing cheerfully again: in adhering to the rule, the second stat.ement leaves the hearer uncertain whether cheerfulness attaches to the act of singing or the fact of repetition.
There is an odd thing about the English horror infinitives. It is based on the observation Latin infmitives could not be split, with the conclusion that. English infinitives must not be infUlitives could not split they were in T,he form of a single word: amare to l to have, canUlre to sing, etc. In consequence of the early grammarians' stUl'dy adherence to the conventions of Latin, we daily wrestle with tensions created by the rule.
jaie, derived in tum from Latin Jata, the Fates. The use of jairy to refer to a singular instance of the breed arose a<; early as the 15th century, but jay continued in parallel use until the mid19th century. Jotmson defines jay as "a jairy, an elJ" and defines jairy as: ''A kind oj ja.bled beings supposed to appear in a diminutive human jorm, and to dance in the meadows, and reward cleanliness in houses; an elf; a Jay". The most famous fay of English mythology is Morgane the Arlhurian legend. She was Arthur's Sister, was said to learned her skills healer and enchantress from Merlin When Arthur wa<; mortally woilltded in battle, it was Morgane Ie Fay who carried him in a barge La the Island of Avalon where (according to your preference) he (tied or she healed him.
Stephen Skinner's Elymologicon Li?UJULJ..e Anglica'lUle (1671) displayed a distinct bias for linding a classical origin for every English word. This was consonant with the thinking of 17th and 18th century grammarians, who sought to devise of rules ror English modelled language". Latin was perceived logical and stable. [t was highly logical, especially by comparison with the chaos of J 7th century English. Certainly it was stable, had been dead for centuries. This neo -classical bias led to oddities. Not the least was the fact dictionary - a diction· ary etymology, written an E.nglishmen English speakers - was written in Latin. Another, more enduring, oddity was the rule that an infinilivc could no t be split. The difficulty, even anguish, provoked by this troublesome rule was captured perfectly by Fowler in single sentence: "The English-speaking world may be divided into (1) those who neither Icnow nor what split i-nfinilive is; (2) not know but care very much; those who know and candernn; (4) who know and
[t is hard t.o imagine that the traditional measure of a diamond's is in any way connected rhinoceros, yet it is The link is the ancient Greek word kerns rhinoceros' name means literally nose-horn. The fruit of the carob tree has the form of a small horn, and was called keratos by the ancient Greeks . It was used as a measure of smaiJ weight. Aft.er passing through various forms, the spelling stabilized disguising the link to the liLlie the carob tree. As measure of carat was 11'JA of golden solidus Constantine, which of an rhinoceros horn, incidentally, is made That does not break mologicalllnk, since the structural protein of hair (and of hoof, uails and is keratin, named aLter the seed of the carob tree.
The conncction between Lhe and the fairies is not ohviolls. Originally,fairy (JaerieJayre) the land or home of the fays. It was collective noun for a number of fays. Ajay was what we would now call a fairy. T he word came into 8nglish from Frenchjee, which comes from old {<Tench
In various parts Mediterranean Sea, a mirage is sometimes which was be the sister of King Arthur. mirage is Illost often seen in the Messina, where Italian sailors Fala Morgana. In Italian, the direct cOlmection between the fairies and the Fates is explicit. The word was adopted back into English. So Melville says in Moby Dick: "Soan they lhro'U{)h dim, bewildering mediums saw her long phan/.o1n, as in gaseous Fata " The expression has been in although not very often used, as meaning allY mirage. Thus Carlyle wrote that Coleridge "prejerred to creal.e logical fat.nmorganas jor himself on this hither side".
Another group of words whose connectedness is not eager, acid, acrid and vinegar: link is their common Latin root meaning sharp, yielding acer- acrem pungent, swift, st.l'enuous. This yielded Old French aigre (sharp, keen, sour) which is easily recognised in the modem French vi7W.igre (vinegar), literally slw:rp wine. The word eager came English via Old The English spellings of it have included aygre, aeygre, eiqre, eygre, eger, and egar:
Applied to human character, eageroriginally meant strenuous, ardent or impetuous; and applied to animals, it meant savage or fierce. Johnson deflnes it a<; : Continued on page-42
The presenlS Slart toflow.
Eloves Santa. Everybody es p ecially loves Santa when he driven through Lhe Botanical Gardens in a red convertible Morris Minor molor car.
As Santa travelled along to the pavilion containing t.he children of the Bar, all sorts of folk waved at him. There were Japanese tourists. Chinese tourists German tourists and even the odd American wandering our splendid BoTanical Gardens looking for fmit CamcrdS whirred. Santa and his drive r in his beautifml red Mini were regulariy asked to stop for photographic sessions. Father Christmas was forced to remi.nd some of our foreign visitors t.hat indeed in LItis country we still sort of ccl-
ebrated Christmas in a funny SO l t of way. The tourists nodded sagely and mobbed the car seeking the blessings of this wonderful yuletide ftgure. Luckily he had few lollies which he was able to ca.'it umongst the strangers before reaching the poor bereft offspring of the Victorian Bar.
8t Nick was a bit happier this year because he knew that1\vister the Clown had been sacked. 1\vister is of course the bane of all good Christmases. '!Wister is the ad that follows Santa. 'l\vister tries jokes, tic up rubber balloon dogs and steals Santa's car, making
Maul
him walk back to the gates in 109 degree heat. l'I'ha1 is in Father Christmas degrees rat.her than this new fangled Celsius.]
And so Santa at last arrived from strangers ready to face children. They rushed to greet him as he flung chocolates, lollies and tolIees in their direction. 8ven some of the mothers managed to raise a smile.
Then it was to the rotunda and present time. The children gathered around wideeyed. Was there a present or was there not? Luckily, Santa was given, and had brought, a supply of back -up presents for those children whose parents had had a difflcult year wiUl the Taxation Depaltment.
The younger parents of Ule Bar abounded It is sturming to see that many are able, and indeed have the finances, to produce three, four and even five offspring.
The presents given to the children showed a kind of theme. Did most parents want their children to follow their foot.-
my present please
steps into the barristerial spheres of life? Or instead did they wish them to simply become ordinary orthopaedic surgeons? It was salutary to see seven-year-olds given miniature fee books and co m puter accounting programs. Something for them t.o while away the hours between Yamaha lessons on violin and piano. And then there were the multifarious doctor sets. Tiny saws, hammers, needles and masks. Perfect for a budding neu ro-surgeon, plastic surgeon or even the odd rheumatologist.
It is heartening to see that the Bar is not barren. That the yo un ger, and even somewhat older members of the Bar, are going forth and multiplying. May they continue to bring their children t.o the gardens so that Santa annoint them for another year of fun and frolics, just like the fun and frolics Uleir parents enjoy, being barristers in the State of Victoria. Next year there wi ll be fewer bats ill the gardens.
Santa and Emma Dale.
Ross, Pamela and Leonard Shepherd with Nicky, James and Sebastian Callin.
Santa's Helper
Santa and another happy family.
Verbatim
Unreported Ace
County Cou r t Melbourn e 18 May 2000
McHugh J: 'Th e Full Court has told you. Mr Pagone: But, Your Honour, with respect, the Full Court, we say, has not given sufficient certainty. Apart from that, we say it is wrong.
lion against Hello magazine for invading her wedding'? Was it Madonna or someone else?
Coram: Judge O'Shea Reynolds for the Appellant AIter rp.pcat.edly referring La a n unreported judgment of Judge Mullaly.
Reynolds: Yes I do emphasise it, Your Honour. It is the Ace in my hand.
Uncertain and Wrong ?
H.igh Co urt o f Austra li a 15 December 2000
Special Leave Application Pac -Rim Printing Ply LId v Austmlian Postal Corporation
Gordm: McHugh and Gummow JJ Pagone QC and Char for Applicant Derham QC and Anderson for Respondenl
Mr Pagone: But, Your Honour, with respect, we say there is something special about this case because the question of construction (a) we say is wrong, and (b) we say is unhelpful, and not only Lmhelpful in relation to articles of this kind but in relation articles of different kinds; and we say further it is impo r tant everybody to know what they can and cannot do as a matter of comme r cial activity.
McHugh J: Conunon experience would indicate you are unlikely to get certain t y out of this Court.
By George!
High Co urt of Australia
Conc ut v Worrell
Gleeson CJ: But you have attached to your written submissions a rnosL exhaustive and thorough analysis of process o f reasoning that led a court to decide t ha t Boy George should be held to his bargain. Do we need to do any /IIore than read that p r ocess of reasoning to .
Kirby J: It was George Michael, I think.
Gleeson CJ: George Michael.
Kirby J: goodness sake, there is an enormOllS difference between them. Even I know
Ca lUn all J: It was Cultu r e Club.
Hello Young Lo ve r s
High Court of Australia
ABC v Lena.h
Kirby J: But is that not Justice Gaudron's point? Now, did not Madonna getan injUIlC-
Callina n J: Michael Douglas and Cathc rin e Zila-Jones got an injwlclion against HeUo, did they not?
Kirby J: I follow these t hings very closely.
Mr Tobin: I hate to say, [ th ink it was the soccer player, your Honour, I think it was Posh Spice.
Still Life
17 November 2000
O the proper construction of s.54 of the Insurance Contracts Act
FA! General Insurance Company
Limited v Australian Hospital Care Pty
Ltd B2312000
Gummow J: We are back to "essence". [ thought we would be.
Mr Keane: Whatever else
GlUumow J: The trouble is, onc knows what the ext r action process ls which removes t h e .
Mr Keane: Which extracts the essence, quite, your Honour.
Gummow J: Quite right.
H ayne J: T he only one I am familiar with is a still, Mr Keane.
Mr Keane: That is mo r e conunon in Victoria, Yo ur Honour.
The Internet and e-mail: the Bar's Network
Th e Bar 's co mput e r n etwo rk giving access to the in ternet and e- mail goes from st r e ng t h to strength.
)JT the begi nnin g of Febr u ary 200 I , tllere SY!:item, n g ba r. Barr ally cOJ mected It is co mparati fast and now aLOr. r ormation to network®Vicbm:com.au si t e at hltp.Jhte
The network linking he ecin and Joan Latham bers Chambers. firewall security against
Welc o m e to Barri sters ' C hambers Li mited user s upport web si t e The Vicbar Ne tw o rk covers a ll buildings managed by BCL.
The purpo se of thi s web s it e is to enhance the s upp ort s ervices we pr ov id e to ou r network us ers . We've provide d a number of re..<;o ur ces here 10 h e lp yo u re so lve prob lems a nd suggest improvement s t o our network and serv ice
WHY CQNNE C'I' ?
As a subscriber to the system, members ha ti Lh interbe to chame-telephone e provideret t.s ·
You ma y al so ob t ain te c hnical support by tel ephone by e-mail 10 com.au but please c hec k to s ec if your que s t ions ca n be answe re d under the sectio n of th is web s ite
on the member's compu ter. Th e network so ftw password intrusion rs un
WHY HAVE A CO MP t)'l'lm AT ALL?
need a modem an d d o not c harges. system groups of be linked togethcr so that , roup sharing ne retary , mpu ters ca n print documents to <1 commo n printcr. In s imilar fas hion, member' mput can. be linked to the sec be Lransferrcd ha secretary a docu can edit it and the ed
Some m e mbra ce inv est fJI Cl F' o r those the cO IllJluter W pr easier the uments.
Por th who ha ve O comp thei prac irst sim accounting
keeping fin anc ial records. Th ese programs can pr oduce re po r ts that can h e lp g reatly th e preparation of tax ret urn s and business activity swtements.
Second, transcript nilable pro· vide lnr y aced eference. Th he inlern the se sUii nd all e the Commonwealth es thaI. such Osiris fo r practi ti o ners in in dustrial law.
lo'ourth, as well as the internet, the Bar's system offers an e-mail service which means that mcmbers can send and receive messages as they choose. Increasingly, solicitors transmiL documents fo r seWing by cOlU1sel bye-mail and once seWed, they can be returned in the same way. E·maillo a member call be collected on the member's home computer or via any internet connection as a.ll on the computer in chambers. The member needs an independent cmmection to the internet on the home computer to access the internet and e-mail.
WHAT Om-iS IT COS'I'?
Fifth, the internet is generally a w(!(llth of information. Por example, the user can go the site of particular courts and view the law lists for the day. T he Bar has its own websil,e at www.vicbar.comau. The site is currently being redesigned and it ill hoped to have on the site l.I wealth of information about the Bar that will be an indispensable reference point for both members and the public.
l3arristers Chambers Ltd charges an estab· lishment fee of $300 plus GST for cormeclion in Owen Dixon Chambers and Joan Rosanove Chambers. 111e cost of cormec· tion to other chambers varies according to the location. In addition, there is a monthly fce of $25 plus GST for internet access plus $25 per ycar plus GST for c-mail, the being cost recovery and no more. Thesc charges represent reasonable value for money and there is not the addi· tional cost of a separate telephone line.
WHAT SPEC IAL EQUIPMENT DO I NEED?
Barristers Chambers Ltd provides the internet service to a plug on the wall of each participating chambers. Each computer needs an ethernet card and confIguration to eOImed the computer to t.he network. The card costs from ing on the computer and i.nstallation about $40 if several installations are done at the
same lime. Details are available from the network administrator, Ian Green.
COMMUNICAT IONS COMMl'ITEE
The operation of the Bar's network is overseen by the Bar's Communications Committee consisting of Mark Derham QC, David Levin QC, Michael Shand QC, Peter Lithgow, David Bremner, Executive Director of the Bar, and Geoff Bartlett, Executive Director of Barristers Chambers Limited . Members of the Bar are welcome t.o cont.act any of the above or Ian Green (ext 66(4) to view the network in operation.
THE; BAH'S WEBSI T E
As mentioned, the Bar's site is curren!.ly under review and David Bremner (9225 7990) and Michael Shand QC (9225 8354) would be happy to receive any suggestions as to its content and format.
Butterworths, the driving force behind legal ng presents a comprehensive gu ide to motor and traffIC law in VICtoria This publication out lines drink and drug-driving related offences and other criminal and personal injury aspects re lat ing to this specific area o f thc law.
Written by acknowledged experts in th is Michael J Lombard, John Marquis Warwick J WalSh -Buckley, Motor and
TraffIC Law VICtoria provides relevant legislation and commentary in a clear and easy to nav igate manner; including the Road Safety Act and the Transport Accident Act.
Deta iled commentary on compensation, including the Transport Accident Sc eme and AMA guides, plus regular bulletins ensure this ng lega l reference will erate your research.
T HI S WELL-APPO INTED RESEARC H VI:! HICLE ,
DetaHed annotations of drug and drink driv ing related offences [incorporaling The Road Sa(cty (Amendment) Act 2000] Supreme Court, County Court and VCAT practice notes
Detailed annotations on the Transport Accident Act
Comprehensive index, tables and contents On line and looseleaf formats ava ilable
Michael Shand QC
R V Roger Casement
Roger the n
particular, SmiLh reflects a great
Between politicaJ gy question
Home Home om in Commons ouse rd third by Because had been suspend lwo opponents of Home Carson and F k of war, in organizing rcsist Home Rule, They helpedselves, principally by importing weapons from Germany into Ireland.
Sir Roger Casement distinguished career in the colonial service. He was a strong of Home Rule who saw with lite Ulster volunteers were impunity, having themselves to "resist King and COJru blow the statute off the books . Casement thought Ireland's d only be secured if the sh volunteers were similarly he w ent raisc into Gennany. December and February wenl prison eamps and Irish prisoners, them brigade proposed was his speeches prisoners constituted aclS with which charged.
doned fort near the beach. slept for 12 days, and needed and Tralee. tile on the was gave and of contained codes. unmistakably Casement bring weapons captured from been Nonvegian on it manned sailors, rying guns. began days quickly its were cuted. view that be he London high accordance tion, initially of London in a ccll (rom warder !.old him, no prisoner treason walked begun It LhaL a presided, and iI\tere lies Lhings
CAll RANK?
Early morning 1916, Casemc ashore ofTraiec County was wilit Raben member IRA)
Priv I3ailey of Royal Rilles, released om Prisoner camp Limburg). Casement stayed -
F'irsL, Lhc identity of Counsel for the parti es. Th e Prosecution was led by the AtLarney-Gl!lleral, Sir F'redcrick Solicitor-Gencr,u, (later Viscount Traver.; Humphreys for Casement. but refused Gordon H was r Sullivan. Sullivan Ule l tried to in I::ngland disparity marked for sed. junior Artemus
senior Coillt. successful is AC unintended an egal to Morgan, urt he defence case issue under Statute the Norman ons It -
SI homme leve de gueTTC cunLrc dit Sei· aherdant Rolalme au enemies them aid and com fort In tht! realm or elsewhere.
The only acts alleged against Casement. wcr acls committed in GermulIY. Th question of interpretation can be s hortly staLed: is it t reason to adhere outrcalm King's enemies? In words, do thc words or etsewhere the words which inunediately them, or do they qualify the enUre adherent to the e-rwmie.s oj the King in his realm g'ivi-ng aid realm? document punctuated, would
principal on more within or eign which adhering realm was create procedure comIawkins und had 1 for ri es that of adherin.q the realm. view. the reforc hardly Dnd senl.Cnced On third argumcnt. the barons and in their In the King Killg Francc 1347, But in elid not England. me.n t for adherence constitute 1;reason, as distinct rrom giving aid o r comfort oulS de the realm. The appeal failed.
F.E. SMIT H
Perhaps the most striking feature of the This can ambiguhelped weapementation was altho during, hard. I li s opening statement concluded with the
Odd Connections
Continuedjrom page 95 "St'ruck with desire; ardenUy wishing; keenJ.y desirous; vehament desire; longing; 0t qf disposition;ment; ardt:mt; impetuous." current meaning weaker.
rr combines mcallirlgs eager, and d, b or an effcc to a s harp edge, pungent , pi So 42
The prisoner, bllnded by hatred for lIlis coun· in has is nt being ostento ce made posscssion implibehavave ey over imposey now o her e genuine coalitloll goverruncllt pies of an or hot a pun raOle Old ious Old outside old:
the diaries to influential peoplc, apparently in order to dissuade them frolll u· still rtant helpil.g Casement because of the whisperil18 campaign which ce ntered on the diaries. TIle whisperilLS campaign r purpose: the go vernment tl lOugh it would preve n t Casement from beillS seen as a martyr when he was exec uted. In Utat respect, it failed.
Fourth, when the Co ur t of Appeal dismissed Casement's appeal, the only remaining hope was Ule House of Lord s. T here was g r enL co ntrov ersy in legal circles about th e correc Uless of the judgment. An Appe al to the House of Lords lay only with the ti at of the Altomey-General.
A delegation visited Smith in hi s capacity as torncy- Gene ral. They pointed Oll t the doubts h aU.cnd ed the interpr etation measure written all vellum in law Fr 1351. They said that they had the support o f no less a pe rso n than Sir William oldsworth author of the monumcnt.al istory oj English Law). Smith replied arc hl y:
[am well acquaintoo wiLh lhe legal a t tainments of S [Ioldswort.h er all, runner in prize whcn we were
He s fiat.
Casement WtlS hanged at Pe n tonvill e prison 011 3 Aug u
QC senses Little liLlIeghThey the dwindledQC
Law Council Moves to Make Judicial Appointments
More Transparent
THE: L.aw Council of Australia has adopted new, policy on judicial appoinLment.<; aimed aL bringul,g more Anne sets guide new primary and appointments fundament.alhowof idenprofessional d proposes appolnuncnt proce ss.
SpecifieaUy, the Law Council's policy reconunends establish Appoint.ment the skills sess. wh n judicial knowled8e sional in Appointment Ule of ajudge, evwlt Attorneys-General co ment. yers
such as wome n lawyers associations under judicial office, candidates arc arc eligiunder the Council's the J...'J.w judicial acknowledges goverrune to no way
Au.orncys-General judicial forward a policy from COtllltry. policy on on the
Law Council Supports NT Judge's Comments
THE Upportii the on February the Northe importance profession independent the of President Anne 'l'rilTlmcr ing speech is a tim ely remi nd e r of the essential role which lawyers play in upholding the rule of law in a st ro ng democracy."
,Justice made the co mments at the admissions elTlony for new NT law yers, provided the judiciary to on the role ociety. Ms Tr immer s.1.id, fully support.<; the prin Allgel referred to as indicators de mocracy. T hese incl of powe rs, all indcpende an inde p endent legal profr.ssioll, especia ll y an indepe ndent
"Jus ti ce Angel also p ointed out Ulat the not the my of liberty but is its partne r. The separation of powe rs doct r ine is about checks and balances. An essential element of this is independent legal p rofession and judiciary.
''1'he Law Council considers it entirely appropriate tha t t h e judiciary should speak out in the public arena, in the public est when the rule of law and the indcpenclence of the profession and the are, or may at risk."
The Australian Sports Medal Awarded to the Honourable Justice Guest
THE rowing achieve ments of the Honourable Justice Paul Guest. have been remarkable. herefore comes as little surprise His Honour has recently been awarded the Australian SPOI't.'> The medal is under let.ters patent from He r Majesty Queen l'ilizabeth. It was a warded by r in recognioutstanding services to rowing and as an outstanding international competitor and Slate coach
Justice Guest's career as a rower spans 40 years. He was a member of the Victorian Kings Cup squad represent.ing Victoria over nine years. He wru; Aust.ralian eight oared champion in 1962,1963, 1964, 1969 and 1970. But. it is his contribution as an Australian Olympian that is outstanding. He rowed in the 1960 Olympic Games at Rome in a coxed pair years later he rowed in t.he OlympiC Ganles at Tokyo in an eight. 'Phen again in 1968 he rowed Olympic Games at. Mexico City in a coxless pair. That year he Wll.<; captain of the Olympic rowing team. In the world Rowing Championships he rowed in the Australian in Switzerland in 1962,
Championships and six gold medals at the FISA World Masters Rowing Championshi p s.
In life everyone must row with the oars they have When considering what might
has made to Australirul and International Rowing.
The Australian Sports Commemorative Medal bestowed on Paul Guest puts him in an elite g r oup of Australian sports men
Yugoslavia in 1966 and Canada in 1970 when he was Captain of t.he rowing team. He rowed in the US National ' I1Ucs, the British Empire and Commonwealth Games in Perth where he was a gold medallist, numerous Masters Rowing Competitions where he has been a gold medallist in all divisions, and Ule Aus t ralian an d State Rowing Championships (Victoria, New South Wales and SOUUl Australia). He has been a winner of three gold medals at the F'ISA Worl d Masters Rowing 44
be the secret t.o the success that has led Paul Guest to achieve the goals he has sel in li fe, an obsezver might say his strengt.h lies in his tenacity. I-l is success has come about. as a result of discipline, application and sense of fairness has dared to fail g r eatly to achieve greatly. He has carried through these in his professional as a and now a judge Family Court. apt the Australian Government. should now rccogni7.1! t.he enormous contribution he
and women. Many sports people apply themselves to task of r epresenting their country. Few have been recognized with this award The receipt of this unique medal provides an opportunity for lhe Australian Government to honour those Australians which the sports cOllununity regards as having made a great contribution to Aust r alian sport.
'I'he Victo zian Bar warmly cong r atulates His Honour for receiving t.he Australian Spo r ts Medal.
Au.,>tmlia.'.s pair without ('oxl>wain, Mexico Olympics, Guest. Now Ow bend on the oar oj Guest J.
1968: Stroke - D Ramn.ge, Bow - P
Back-to-Back Wins for Bar Cricketers
The First XI Cri cket Team c r eated hi story by winning the Sir He ruy Wirul eke Trophy for t h e second year in succession when the Bar defeated th e Solicitors on 18 Dece mb e r 2000. Neve r before ha s the Bar managed back-to-back vi cto ri es in their annual cri ck e t match aga in st the Law Institute.
Wraith, JusLlII
Parnell
'l'he wcather
Soli ciLo skip e The a wicket. keeper Ollc-hlUlded leg siue At the ened UI hi s lively Tony v..i c kel a skied witll Rowan the tirst for 64. Thc score towards to fall stump most amusing innings the ball cally called the pitch, to his to "one". call yet tion o was thrown delightedly baLsman
At the Solicitors
Requiting proceeded wi ckcLs GreCllshicids
Victorian Bar Hockey Team
Scores a Hit and Miss v NSW Bar and Law Institute
Th is yea r 's Ba r hockey report is in two parts . T he fir st pa r t d e al s with our stwmi ng victory ove r the New South Wales Bar tea m and the second part deals with what can appr o priate ly be des c ribed as t h e Dr eyfus Affair.
VICTORY - THE HIT
YES, it's true, th e re is in Au s trdlia a of lawye rs older, slower and heavier e ven than lhe Victorian Bar hockey Following a ll approach fr om Andrew of the New SOUUI Wales Bar, the ar team played the New es Bar hoc key team on 11 October The South Wal es team inclu en four silks ( includin femal e goalkeeper) whi ch hinted advantage s. It became r st that for on ce up tea at Wa.ll by slower we were. The p h the wget er
does perhap:; fully and fairly r advan avoirduJlois lImt South Wales t eam poss essed, but it was a positive pleasure to play again:;\. opPQnents that one might actually be able to mat.ch st.ride for st.ride.
OPpoSi ti o n with an early
tw o goals to nil lead through Tweedie lin d Michael Tinney Though somewhat
Style personified Lynch goaJ.!
performance o f Nick 'l\veedie, our new recruit who has both skill and youth 011 his side, who ran all ove r th e field and was clearly best on the ground, and Ule superb goal scored Lynch, scarcely adequately illustrated photograph, showing the nonchalant fas hion in which Lynch touched ball in from about a yard outside the post to score a goal that was as rare as it was popular. (Lynch normally plays in goal he has obviously been hiding other lalents.)
off Little I30urke Street fo r a enjoyable evening attended by almost all those who had played.
counterpart ngu in New South Wales was one "Shagger" Mears. Callaghan spoke at some length of the many qualities thaL lcd 1.0 Mr Mears being alloLted this nickname , and from description it certainly seems to have well merited.
Thereafter, both teams repaired to a
During the course of the evening it became apparent that there are some differences between Ule two sides othe r merely Ulan fitness and w eight. The difference is perhaps best illustrated by fact that whereas great and evered mento of Victorian and indeed still tile late QC, it emerged during an extended aud very amusing address by Callaghan se that the
There a re active plans on the way for a replay in New South Wales this yea r, and all in October very much The New South Wales thoroughly cr\ioyanJc set of opponents on the field and quite: excellent company off also.
ATHE DREYFUS AFFAIR
s will be s een from Ul e photograph of the Lwo teams, we actually had the advantage in numbers thi year. The Solicitors had a mere eight players and no goalkeeper, and despite their vigour and youth felt co nfident of regaining I he Hupert trophy.
tain of the Solicitors' tcaln, afte r the game, hav ination to try to make sure if only to avoid assertions of our incompetence being made i.n yet less flattering terms . Once a,gai.n , 'l\veedie had an outstanding game and was chose n by the umpi r es
as this yea r 's winner of the Balfe award fo r the besl player on the ground. Regret.lably the Scales of Justice Cup will stay the Law Institute side year.
Unfortunately, in an exc:ess of desi re to aSSist, Dreyfus QC brought Dreyfus Jnr with him to makc up our numbers in the event that we were short.
With a lack of judgment scarcely to be believed in hindsight , we agreed to allow Dreyfus Jnr to play fo r the Solicitors. Young Dreyfus (aged 16) is extremely fit and Quick. We lost the game 3-2 largely due to his incessant and highly irritating endeavour and skill. He scored two of the goals and made the other onc, particula rl y disheartening to lose 3-2 in ci rcwnstances where we actually p layed quite well. T he patroniSing remarks made by Venn Ki ng, the cap-
The things presently stand, only three s who play routindy every w eek, and most of liS have been playing in Ule same side now for quite some years. It is a measure of our enjoyment of the game that we come out for our yearly endeavours, and I would like therefore to thank chose who played, and also Justice Cold rey who was kind enoug h to attcnd and th game against New South Wales, notwithstanding that he was injured unable to play Those who played one both games were Appudura i, Brear, Bmchardt, Collinson, Dreyfus QC, Jackson, Lyn ch, Niall, Sexton, Sharpley, Tinney, M. Tinney, 'IWeedie and Wood .
Phili p Burchardt
Th e Miss - Bar's genero u s loan of a r ising star ass ists LI V win
TWeedie an outmgeous foul!
Wigs & Gowns Squadrons
Sail into History for the Neil McPhee trophy
THE battle fo r the Neil McPhee Memorial by the the event in the waters o f Hobsolls Bay on 18 December winds
The mastless sloop of J udges Wood and Campbell co ftnish boat, the visitor's Most ar to
ing. Plrs!.. LO cross the tine and winners of the 2000 Nell Mc Phee Me morial Trophy were in John third by less than a bowsprit was James
t o somewhat surprisingly take the course as ouUined in the briefmg (no doubt as a and navigators. worthy Ross Middleton in his 26 ftcout.a boatMinerva.
Adams Rib crowed by lite ",wnm divic;ion oj VCAT sailed the lim hcmour and handicap vistoryJ and tJUJ 2000 Neil McPhee """'ky.
The official crew of the starr/finish boat andf?'iands.
end of the fleel in his new 32 ft ketch Fayaway
All protests were duly considered and dismissed a jOint. meeting of the protest, handicap and catering cOinmiLLces held immediately following the race.
A barbecue IW1Ch was enjoyed by about 75 crew and friends. It is hoped that next. year there wi ll be even more boats on th e water t.o enjoy w hat is always a great day.
Commodore WAGS
Thej1eet reaching the windward 'I'YUlrk.
Ross Macaw (m the way to taking out t he Thorsen Trophy.
Pearl willi, spectator craft in the background (to the UifI.).
His Honour Judge Frank (Josh Slocum) Walsh.
Retail Tenancies (3rd e dn)
By Dr Clyde Croft
Leo Cussen Ins t i t ute, 2000 Looseleaf $132.00
THIS is the third edition of the book by Dr Croft o n retail tenancies. Since the second edition we seen the vas sing of the Retail 'I'enancies RQform Act 19.98 The book is in a looseleaf format.
I would regard this book essential part of a practitioncr's collection. The answe rs to the day-to-day problems t.hat may come across the desk can be readily found and are clearly exp lained.
John V Kaufman QC
The Law of Payment Systems
latter arc smart cards, internet hanking and credi t paymenL'>.
This book provides an important r esou rce in the ever-growing area of e le ctronic transactions. Wit h the pl etho ra of Acts and Regulations, the book provides a useful reference point.
Jotm V Kaufman
The author has divided the book into a number of parts. Aside from the introduction and the indcx, those parts cons ist of a discussion of the 1986 Act, the 1998 Act, the Trad e Practices Fair Trading legislation, dispute resolution, standard leases, a table of VCAT retail Lenancy decisions, appendices and the Retail Tenancies Acts and Regulations.
The vexed problem of whether a kase falls within the definition of "Ret.ail Premises" is discussed length by the author. I Ie takes the reader through the various decisions that have arisen out of the meaning to be attributed to the expression "floor area", as well as the problems involved with the franchise exceptions.
A matter which I find to be of consid erable assistance is the inclusion of a comparative table bet we cn the 1986 Act and the 1998 Act It is in two parts, which enables the re ader to r eadily work from one Act tile othe r. Fwther, includes, in list fo rm, the various lease prOVisions o r practices, ich the 1998 Act now proscribes. The new Act makes specifiC provision for the calc ulati on of the floor area by way of ministerial guidelines, which arc set out in the text.
Alan Tyree and Andrea Beatty Buttenvorths, 2000 pp. i-xxi , 1- 206
THIS is the new title that has come to the bookshel ves. As the name of the book suggests, it examines the various payment systems that presently exist and which govern the debtor-c r relationship.
Aside from the traditional commercial methods of payment, SUdl as cheques, money transfcrs and letters of credit, the book examin es the payments of the future. By that I mean e lectronic transfers, payments and banki.ng; what may be commonly called "paperless transactions".
The authors provide an overview of the paymcnt systems, including the role of the Reserve Bank. The book also emphasises the legal st r ucture that e xi sts behind the various methods payment, such as negotiable instruments alill fund transfers. They provide a clear description of the defaul t rules and the effect of the Clearing House
Th e Law of Partnership in Australia and New Zealand (8th edn)
(Higgins and Fletcher)
By K L Flelchel"
LB C Information Services 2001 Table of Contents jx-xi , Table of Cases xlii-xxx, Comparative Tables xxxvii-XlV, Table of Statutes xlvii- lvii, Table of Rules of the Supreme Cow-t lix-Ix, Pages L-346 , Checklist and Forms 347-363, lndex 365-383
PWith the establishment of VCAT, dispute resolution has been taken ove r by that Tribunal. Dr Croft discusses the proced ure to be applied in commencing proceed in gs and counter-claiming under the new Act. He also discusses the limitati ons upon tile jurisdicUon of Tribunal, fo r example, the provision of relief unde r the Trade Practices Ad and ordering relief against forfeiture. In a separate part, one finds a useful table of retail tcnancy decisions with references, which will be updaLed from time to time on the Leo Cus.scn website.
Dr Croft. has included ill his book precedents the various Acts and ReguJations incorporates explanatory mCfllorandWll and ading speechcs by the relevant Minis te r, when introducing variOllS bills from the 1986 legis lation the 1998 Act.
50
1 found chapter 5 particularly interes ting, because the authors the re discuss the regulation of the various payment systems. They remind us that the Australian goverruncnt has identified four key objectives for regulating elcctronic co nunerce Those objectives are to consluner confidence, ovide protection fo r e-comme rce as is provided in o ther fo rms of commerce, to facilitate a mark e t ba se regulation , and to conform with internationally agreed positions. Th ey then proceed to discuss the existing and proposed regulation payment system. This includl)d an analysis of 6 which focuses on financial or investment markets. They refer to each of the vari ous Acts that affect the financial market!; well as discussing the need for self-regulation.
Th e authors conclude their book with dmpters on consumer protection, which inclu des such topics as privacy data sec Ulity, and contract ual i.':isues tronic transactions. An example the
ARTN8RSHIPS have been recogn ised legal fOlms of association in business and commerce for centuries. At the end of the 19th century, partnership law was substantially codified. Today partnerships of many forms and sizes abowld Indeed the large national and in t ernational partnerships found conunonly in the professions are of a style and co mpl exity not envisaged o r countenanced by former rations. Accurdingly an understanding the applicability and import.ance of partnership law retains its relevance in the 21st century.
Since the first edition of this work (autho red by PFP lIiggi.ns ) in 1963 , Higgins and FLetcher's The Law of Partnership in Australia and Naw Zealawl. has been the p re-emine nt text in this area of law.
The 8th edit ion is w elcome, incorporating amongst othe r changes discussion of several ilnportant judicial decisions including Hanlon v Brookes (1997) J 5 ACLC regarding the process for e xp elling partners, ,md Fry v Oddy [1999 ] 1 VR 557 regarding a retiring partner's entitlement to a share of profi ts Both cases are decisions of the Court of Appeal in Victoria and, incidentally, both judgments r efer with apparent approval to the 7th edition of The lAW oj Partnership in Australia awl. New Zealand
The body of the text. deals with all the important aspects of parlnerShip law such as the nature of part.ncrsnip (ChapLer
2), the establishment and dissolution of partnerships (Chapters 3 & 7), fiduciary obligations of partners (Chapter 4), partnership property (Chapter 5) and relations with tllOse outsi de the parl.nership (Chapter 6).
The "new" legal form of limited partnerships is subjcct to a discret e c hapter (in Victoria see Part 1lI of the Partnership Act 1958 i.n operation since 1992).
The practical utility this work is enhanced by chaplers dealing with related provisions such as bankruptcy, proc (!durc in partnership actions , regulation of firm business names, and an appendix that contains two useful proforma agreemcnLs and one deed of dissolution . A short checkli.,t of thc "usual provisions in a Partnership Agreement" is also provided . The scholarship o( this wo r k continues to shine through IL is an i.ndispensable tc xt providing assistance and guidance to lawyers, accoWltant.o; and all Lhose involvcd in or dealing with partnerships Australia. TIle 8Ul edition of this work is commended to practitione r s
P W Lithgow
An Introdu ction to Trus t s (3rd edn)
Ada Moshinsky and Sandra Buth
Leo Cossen Institute
IN 1979 the Leo Gussen Institute published an fnlroductio'n to 7'rusts. So popular was this book that a second edition was published in 1986. Since 1986 there have been cons id erable developments in the law in relation to trust.'>. We have seen the increasing use of the constructive trust to provide a remedy that may nol otherwise have sccmcd to be available. Further, there have been hnpor\:ant changes in tile t.axation laws, principaUy in relation to capital gains tax (CGT). There will be fur th er changes in relation to imposition of taxation on family type trusts.
Therefo re, this new edition, on this occasion co-authored by Ada Moshinsky and Sandra LJuth, is velY welcome. As in previous editions, book retains all of its precision and clarity.
There are five chapters in aLi. The chapter dealing with general principles compares tru sts with ot h er relationships .md discusses the various typ es of trusts, such as disc reti onary trusts and unit trusts . It also con t ains a di scussion of such matters
as the ru le against perpetuities and accumulations, Ule latter being in a very readable and understandable form.
The second chapLer deals with the formation and drafting of trusts and Ule type of trust tllat the settlo r may wish to choose. What I fotmd most helpful was the section which set out, in point form, the instrllctions that ought to be obtained from the client, the type of provisions which were generally (owld in a discretionary tru st deed, a list of other documenLs that may need to be prepared in relation to a discretionmy trust ( for example, minutes of all meetings of the trustees, a matter often forgotten), the classes of persOlls to whom trus t documents may have to be provided (fo r example, the Commissioner of Taxation and the bank), and finally, ba.,ic recommendations in relatiOn to trusts. An example of the latter is the advice that separate trustees sho uld he appointed for each trust, rather than one trustee who wOlud administe r a munbe r of trusts.
The autho rs devote a ehapter to the termination of a trust. This raises the question of a variation or a resettlement. It hig hl ights th e problem faced by wtit holders in a wtit trust, whcII a d ispute arises that inevitably Icads to the breakdown of the relationship and threatens the viability of the trust.
The authors also consider in detail the trustees', beneficiaries' and creditors' rights and remp.dies, particularly in r elation to the trllst asseL.s, and the possible c xposure th at a benefiCiary may suffer. As would be expected, thl! trustees' duties of i.n vestment and the pe rson rule a re also e xamined So too is thp. position of th e directors of a t rust e e company and their duties at common law and under the Corporat ions Law.
The fillal chapter is devoted to the taxation of trusLs. The impending legislative changes are examined. authors carefully walk us through the difficult provisions in relation to COT and provide, in ta b ular form, a broad SlllTlmary of the provisions as enacted in the New Business 'lhx Syslem (Integrity and Olher Measums) Acl1999 and the New Business 'Ihx System (Capital Gaim 7h.:t:J Act 1999 Similarly, in tabluar fonn the authors set Ollt a table of owne rshipl control tests relevant to the t ransfer of !.rust losses.
the inereru;ingly comple x world of taxation, the authors' fmal chapLe r provides an CSflential guide to help the practitioner through the labyrinth.
John V Kaufman
Retail and Commercial Leases Update:
A Guide
to Contemporary Issues in Property Law (No.4)
General Editor: Dr Clyde Croft
Leo Cussen Institute , 2000 pp i-xviii, 1- 167, Indic e s 159-87
LATE in 1999 Leo Cllssen Institute ran a half-day intensive program on retail and eommercial leases. Tl tis book is a revised and updated collection of the papers delivered at that seminar (One additional paper delive red by Michael Red fcrn at the Property Law Confercnce of the Law Institute of Victoria in Septcmber 1999 is also included.) the semina l" was - and this subsequent collection is - to brief practitioners on the ma ny issues of practical concern which had a ri sen since the publication in 1999 of the precursors in the same series, "Retail Tenancies Re form" (No.2) and "Conunercial Leases" (No . 3). Each of these latter publications had been released soon after the promulgation of the Retail Tenancies Riform Act 1,998.
The Victorian retail tenancies legislative e encompasses the Retail Thnancu::;Act 1986, theRetail7enancies Reform Act 1.998, The Victorian Civil and Administrative '/'ribunal Act 19.98 and Lhe Fair Trading Act 1999
In the first chapter, the application of the 1998 Retail Tenancies Reform Act is conside red in det..:'1i l The discussion focuses in particular on problems concerning: the commencement of the Act, and its operational overlap with sOine of the provisions of tile 1986 Act; a<;gignmcnts of leases; fl oor area guidelines, contracting out; dispute resolution, cosL.s; and a relevant VCAT Practice Note
F or UlOse who arc conct:med with the administration o f trust.'>, whether through a deed of settlement o r as a consequence of t.he dist ribution of an estate, this book continues to perform its essential task. In
Chapter 5 deals with on e major difficulty en cotmtered in the 1908 Act in detail, namely the complexity of the disclosure requireme n There is conside rable on on the various disclosures which be made (or ne w leases, for a<;gignmcnts, for renewals of a lease, for agreements for lease, for sub-leases , for options to r enew, for rights of first refusal
La lease, disclosures to franchisees and licensees, recovery of rental paid, and termination. As an annexure to the chapcomprehensive proforma sample Statement for a New Lease is practitioners following thi:; would requirements of s. 8(1) of Ule 1998 Act.
thc from noise noUce to Quit consensual and a head tenant. is effective to terminate a SUb -tenancy.
• the conditions in Table A, Schedule 7 of the Transfer of Land Act.
Chapters 3 and 4 cove r two important areas which span both r etail and commercia leases, namely the scope and operaLion of lhe Fair 'l'rading Acl 1999 and, inter aNa, the jurisdictional issues that arise, and the impact o f the GST on lease arrangements.
ChapLer 6 covers currenl problems in retail leases by focusing on some recent case law. The topics surveyed include wuegulat.ed leases; 1986 and 1UOB Act leases; disclosure requirements; r ent reviews, assignments, subletting and renewals; costs; and dispute resolution. Tht!re detailed the interface the Trading Act 1999 and lease disputes, and t.he potential application of the unconscionable conduct p rovisions of s. 7 of lhe Fair Trading Act. Pmctitioners are wa rned that there is a requiring "what fairness and reasonableness in all dealings"; and the perception is noted that there is a greater preparedness of courts and tribunals to require and enforce these facets business dealing. Tenancy lawyers are rt ed to become familia r with this p rovision and with sections 51AA and AC of the 1'rad.8 Practices Act 1974 as a matlcr of urgency.
Chapter 7 looks at nine VCAT decisions handed down in 1999, and swnmalises the facts, con tentions and findings of each. These provide a fla vour for the way the Tribunal is approaching cases involving, for example, outgoings; the po wer of VCAT to rectify a lease; costs; joinder of parUe::;; lease assignment; the application of the 1998 Act; and VCAT's jurisdiction to hear In an appendix discussion of appcal from VCAT to the Victorian Court of Appeal, namely Antonio Guiseppi'M. Ensabella & Sons Pty Ltd v Players on Downunder Ply LUI. [2000] VSCA 73; and Seacrast Pty Ud Apriaden Pty Ltd. [20001 VSCA 75. Commercial leases afC cove r ed in chapwhere a summary of recent signifdcch,ions in the UK and Austmlia are discussed . The cases range ove r the following lopics: the interaction between lease and mortgage interests in the context of the exercise of a mortgagee's power of sale; whether a licence agreement conlaini.n.g a "no right of exclusive possession" clause is in fact a lease; whether a tenant be de ed to specifically perform a to carry out repairs; the extent to which a lamUord's covenant for quiet ef\ioyment imposes an obligation on 52
An intimate understanding of these sr.atllLCs lind docwnents will generally answe r most routine Queries that arise d urin g conveyancing transactions. In addiLion, t.here is II general commendation that practitioners embrace the llse of tectulOlogy in their practices to:
• create a domain name for their conveya nci.n.g practice,
This invaluable book goes much further than merely updating practitioners on a fluid and uncertain area of the law. It provides acute analysis of r ecent developments and highlighL'i wh e re Lhe law is particularly unsettled. Practical advice is given on where the pitfalls are and how lhey might be negotiated. The cont.ributo rs to the collection read like a Who's Who of key the fieldDerry Davine, George Golvan QC, Peter Lowenstern, Maurice Phipps QC, Michael Redfern, and Dr Clyde Croll QC
• acql.llre t.ailored conveyancing software which creates automatic of me events, creation of checklists, etc;
• cons the services of "eConvey" to strcaml e the of Section 32 Statement and contract product ion.
The body of deals with four main topics
1. Vendor's Obligations (pp.
1-11)
As just a sUPJey of tile list of topics covc red in this collection reveals, this book has something to offe r on a greal range of problems and conce rns likely to confront the practising lawyer in this field on a daylo-day It be immense copy of this essentialnutli was at close hand.
Judy Benson
The Conveyancing Companion
By
Simon Libbis Leo Cllssen Institute, 1999 pp. i-xvi , 1- 67, Indices 69-86
TIIlS book is a collection of derived from the short informat.ion si ons on conveyancing rWl by Leo Cussen Institute in 1998. They were held both to update practitioners on recent information and to highlight the common or regularly recurring p rob lems [acing clients and practitioners in conveyancing and property law practice.
The importance of knowing what these are and whether a vendor has complied with t hem usually arises where the purchaser is refusing t.o settle on the bas is that. the vendor has not. complied with a particular obligation. U the purchaser is co rrect , the vendor is in d efau lt , otherwise the purchaser is in default. While some issues are black and white there are usually many shades of g rey, more to do with relative ba rgaining positions of the than with the strict strength of their position.
The auLhor begins by stating that the re is no subst itute for a thorough knowledge of an d familiarity \vith the following e$SenLia!s:
• the whole of th e Sale of Land Act;
• the detailed prOvisions o f the standard Law In stitute of VictoriaJReal Estate Institute of Victoria "Contract of Sale of Real Estate"; and
appear to arise in thrce key area,>. First, rnaking title. who cannot provide a purchaser title registrable transfer in default Wlder the contract. This may arise where the titie is lost; where the re have been prior unregistered dealings; Chere is death or insolvency of the vendor; where there are cOffiplmy charges; or where a warrant of seiz ure and sale is lodged Second, disclosure obliare significan t and nume rous. The purchaser may have the right to rescind a contra ct if disclosure requirement.'> hav e not been complied with. The chief problem area is the scope of what has 1.0 be disclosed under the Sect.ion 32 Statement - does it include huilrting legislation; unregistered plans of a subdivision; body co rp orate information; terms contracts? Third, delivering possession. Problcms may arise wi th items left mb:;ing property; and ch attels insurancc.
2. Rig/us oItlw Vendor (pp 13-30)
Th e controversial or prob lematic areas under Utis heading include: when can a
deposit be released; the Lime for delivery of transfer; the time and the place of setUement; changing the setUement date; the numb e r of cheques required at settlement; penalty interest; compensation for otlter losses (e.g. interest on a mortgage); notices of rescission; and directional transfers.
3 Rights oflhe Purchaser (pp. 31-53)
Under this head , difficulties may arise where the vendor has de faulted, where there has bt!en a failure of the vendor t.o disclose; the precise e of cooling-off rights; requisitions on title; measurements; illegal stmctures on the property; Usubject to finance" conditions; multiple transfers; notices and orders.
4. A4iustments (pp. 55---£7)
In each of the topics mentioned above, the auth or provides hints or strategies for dealing wi t h (or avoiding!) the problems identified. Indeed there is immeasurable value in Chis modest but important offering which endeavours to give advice on l'lpotting andlor fixing potentiaL conveyancing pitfalls Together with the inclusion of useful articles by Russell Cocks (one on getting rescission notices right, the other on liabili ty for notices in a property dispute) Util'l is a most practical guide to the often unexpected hitches encountered in the pu rsui t of reachill g settlement date unscath ed A useful addition t o the co nveyancer's bookshelf.
Judy Benson
prompts should and do appear, what they mean and what they can lead on to. It readily becomes appar e nt cven to the novice what scope there is to extend any search into other fruitful and reLevant tangents once you have started out. The book provides hints along the wayan how to access or tab or bookmark references you will want to return to , how to highlight and transfer material, how to download material into hardcopy format. There are explanations of the differences between browsing, and advanced, and Boolean searches; and the meaning of the shortcuts and too lbar buttons on variolls softwarc products is also covered in the book's extensive explanations sections.
Usually a fairly insignificant part of the overall conveyancing transactioll, these call cause a signUicanl amount. of aggravation and frus t ration. Adjustments which may give rise to contention are : liability for the actual settlement date; land tax; pensioner r eb ates on some statutOJylutility charges; special rates and charges; where a property is not separately rated; body corporate cha rges; t.o tenancy" cond itions; the cost of making title; back rates and spcciul land tax; water rat es including exccss water. Men's
Hairdressing
Now at Staw el l Chamb er s
493 - 495 Little Bou r ke Street, Melbourne
e Law Resea r ch -
Your Guid e t o Elec troni c Legal R esea r ch
by Surentlra
Dayal Butterworths , 2000 pp. i- xi , 1-236 includin g two appendi ce s ; Index 2 3 7-4 4
THIS is a vcry user-friendly handbook designed to guide the student or legal practition e r stcp by step through the labyrinthine maze of research on the Intemet. Where other publications focus more on providing we bsite addresses useful to lawyers (there are even helpful inchlsions here, too, in appendix 2), or seek to instil the fWldamental principles of legal research, the instructional motivation and esse ntial purpose of this book is t.o enable any researcher to maximise the benefits of sea rch time on the Net by gett.i.ng the most out of each enquiry and site. It does this by describing how best to use the software effectively, and the scope of what it can do for you
But flfst, Lo draw you in, the book tackles the initial psychological hurdles and strangeness inherent in the me dium, and in the tcchnology gene r ally. It spends worthwhile time briefly yet succinctly showing the reader how to become familiar with the range of tasks that can be performed, and how th e software can work best for you in the enquiry at hand.
The way the materia l is stTIlcLured overall is by software type, and by specific COnlen t providers. For example, chapLer :3 on the World Wide Wcb includes instru ctions for using Netsca pe Navigator, Internet 8xpl orer, and Adobe Acrobat to access the Web, and then how to search using various search engines . Chapter 4 covers the lise of e -mail and how to prepare and use mailing lists, and the software specific to these functions. Part 2 of the book - covering chapters 5 to 9then looks in depth at each of the major legal content p roviders Buttenvort.hs, Lexis-Nexis, LBC lnformat ion Services, Scale PLUS, and AustLll - and how to mak e the most of what each offers. The Index is well compiled and refers to cnt r ies by parag raph nwnhcrs, whicl\ in the main text a re well-designed, hi g hlighted and easy to fmd.
The author of this book is principal legal analyst for SoftLaw Corporation, and the combined legal and technical expertise is apparent. in this well thOUght through and constructed manual. It is totally uscr-oriented, and detailed enough without being intimidating to the newcomer to Net research, ye t I would be astonished if t.hose who consider themselvcs reusonably proficient didn't find a nwnber of tasty morseL<; to tantalise the Net -sklils capabilities. Moreover, on going through some of the tasks myself, I found it wo rked, worked well , and turned out. just as the book said it would.
For appointment phone 9&42 1197
Where this guide is most valuable, in my opinio n , is that it takes you in detail through a large number of typical research enquiries and actually shows you on the page what does and should come up on your computer screen; what icons and
If that isn't recorrun endation enough, I don't know what. is. After this book, th e rc is absolutely no excus e ignorance of Net research, e ven among th e vast ranks of the legally technologically challenged
Judy Benson
Conference Update
2 9 Aprll- 5 May 2 0 0 1: Venice, Italy. Pan Pacific Legal 15-1 8 May 2 001: China. IOLh Law Asia Energy Law Intenlational West. Law E-mail: Comparative Work(02) 6125
8 Jun e 2 001 : Sydney. Fourth AIJA Tribunals Conference. 11 - 17 Jun e 2 001: 'T'uscany, Italy
page mono page 2-colour page 4-colour
ency
International Advocacy Workshop. Contact Jenny 99053344 . E - mail jennymo ison@iawmonash.edu.au.
2 1-22 Jun e 2001 : Canberra. Fourth Natiol1al Outlook Symposium on Crime ao Jun e - 6 J uly 2001 : Dublin, Ireland. Celtic Pacific Legal Conference. 8- 14 July 2 001 : PositanolPraiano, Amalfl Coas Italy. Europe Asia Legal Conference.
2 0- 2 1 Jul y 2 001 : Me lb ourne. A IJA MagisLidles Conference. Cont.act AIJA website at www.aija .o r all 2-3 Augu st 2001 : Townsville. Contact
Australian Institute of Criminology, E-mail: julie.dixon@aic.gov.au. Tel: (02) 6280 9229. 12-19 August 2001: Thredb o, NSW. The Australasian Legal Conferen ce 20-26 S e ptember 2001 : [Wme, Italy, Pan Europe Asia Legal Confe r e nce. 2 1-23 Se pt e mb e r 2001 : Hobar t. 19th AIJi\ Annual Conference. Cont a ct AIJA website.
4-8 O c tob e r 2001: Christchurch. LawAsia and Ne w Zealand Law Society ConFerence 2001. Contact Conference Innovators. Tel: 64 3 379 0390 F.-mail: info @confcrence.co.m:.
