William Forster Chambers

Writ of Certiorari

wfc — Tue, 20 Mar 2012 06:34:08 +0000

Tass Liveris successfully appeared in Holmes & Anor. v Commissioner of Police [2011] NTSC 108 against Libby Armitage , making an application for a writ of certiorari. The Commissioner had decided to commence disciplinary proceedings under the Police Administration Act.

Intervention Application

wfc — Tue, 20 Mar 2012 05:42:08 +0000

Sonia Brownhill successfully intervened for Serco Australia Pty Ltd in an application for non publication of subpoenaed documents on the basis of public interest immunity, in the prosection of Habib, Rashid and Bashir.

New Justice Appointed to the Supreme Court

wfc — Mon, 04 Oct 2010 05:18:03 +0000

Media Release | 30 August 2010

Attorney-General, Delia Lawrie, today announced Peter Barr as the latest appointment to the Northern Territory’s Supreme Court Bench.

“Mr Barr has been a prominent member of the Territory’s legal community for many years and brings 34 years of legal experience to the bench,” Ms Lawrie said.

“Working as an independent barrister in the Territory for 17 years, Mr Barr has a respected legal mind, is known for his quick wit and has wide range of experience in personal injury, medical negligence, commercial and real property law and Aboriginal land claims.

“Mr Barr has been a Royal Australian Naval Specialist Reserve Legal Officer since 1977 and an active member of the Northern Territory community.”

Mr Barr will be sworn in next month and takes up the position following the appointment of Justice Riley as Chief Justice of the Northern Territory Supreme Court.

BIOGRAPHY

Peter Barr graduated from Sydney University with a Bachelor of Laws in 1976 and was admitted as a legal practitioner to Territory’s Supreme Court in the same year.

Mr Barr worked as a solicitor with Cridland and Bauer (now Cridlands MB) and went on to work as a sole practitioner from 1979 to 1991.

Mr Barr has been a RAN Specialist Reserve Legal Officer since 1977. He also acts as a part-time Chairperson of the NT Disciplinary Appeal Board for the Public Sector and has also service as Acting Chairman of the NT Planning Authority.

Mr Barr speaks French fluently and speaks some Italian and holds dual Australian and Irish citizenship.

New Northern Territory Chief Justice Appointed

wfc — Mon, 04 Oct 2010 05:13:04 +0000

Media Release | 22 July 2010

Attorney-General, Delia Lawrie, today announced Justice Trevor Riley as the Northern Territory’s new Chief Justice of the Supreme Court.

“Justice Riley brings 36 years of legal service in the Territory to the position of Chief Justice, including more than a decade on the Supreme Court bench,” Ms Lawrie said.

Justice Riley has contributed to the development of the Territory’s legal sector including as a Member of the Law Faculty Board, lecturing at Charles Darwin University and recently as Chairman of the Indigenous Law Students Mentoring Program.

Justice Riley is also a convener with the National Judicial College of Australia and is well regarded for his considerable involvement in the Territory community supporting a range of organisations including St John Ambulance and arts and sporting bodies.

“I would like to once again thank Chief Justice Brian Martin who is retiring from the position in September,” Ms Lawrie said.

Justice Riley will take up the position upon the retirement of the current Chief Justice. A ceremonial sitting for the retirement of Chief Justice Martin will be held on August 20.

BIOGRAPHY

Justice Riley graduated with a Batchelor of Laws from the University of Western Australia in 1969.

After practising in Western Australia, in 1974 Justice Riley moved to the Territory where he was employed as a solicitor with Withnall and Barker.

From 1988 to 1991 he was counsel in the Royal Commission into Aboriginal Deaths in Custody.

Justice Riley was appointed as a Queen’s Counsel in 1989 and was President of the Northern Territory Bar Association from 1993 to 1997.

He was appointed to the Supreme Court Bench in February 1999. He is a former member of the Legal Practitioners Complaints Committee, the Law Reform Committee, the Public Purposes Trust and the Legal Practitioners Admission Board.

During his time in the Territory Justice Riley has been an active member of the Northern Territory Football League and involved in other sports.

Justice Riley is married to Jan and has a son, Shane and a daughter, Jennifer.

New Northern Territory Chief Magistrate Appointed

wfc — Mon, 04 Oct 2010 05:07:38 +0000

Media Release | 28 July 2010

Attorney-General, Delia Lawrie, today announced Ms Hilary Hannam as the Northern Territory’s new Chief Magistrate.

“Ms Hannam brings to the Territory a wealth of experience and knowledge with 26 years of legal experience,” Ms Lawrie said.

“Ms Hannam has been a Magistrate in New South Wales for ten years and has spent the past three years as a Children’s Magistrate, including in the New South Wales Youth Drug and Alcohol Court.”

“Ms Hannam has a deep understanding of the managerial and judicial requirements in the conduct of a successful magistrate’s court service, having acted as the President of the Children’s Court of New South Wales.

“She also holds the position of President of the New South Wales Magistrates Association.”

Ms Hannam has a particular interest in Aboriginal justice issues and will take up the position on Monday 16 August 2010.

BIOGRAPHY

Ms Hannam graduated from the University of Sydney with a Bachelor of Arts in 1982 and a Bachelor of Laws (Honours) in 1984.

Ms Hannam was employed in Sydney as a solicitor with the major commercial law firm, Allen, Allen & Hemsley until 1985. From1985 Ms Hannam was employed as a legal officer, senior legal officer and then principal legal officer with the Commonwealth Director of Public Prosecutions (Commonwealth DPP).

Ms Hannam remained with the Commonwealth DPP until 1998, spending two years as a consultant with commercial law firm Ebsworth & Ebsworth until her appointment as a Magistrate in 2000. Since her appointment in 2000, Ms Hannam has presided over courts in Wagga Wagga and Sydney.

In 2002 Ms Hannam undertook research in the United States on therapeutic courts as part of a Churchill Fellowship, and has presented numerous papers on therapeutic justice and specialist courts.

Since 2008 Ms Hannam has been the President of the Magistrates Association of New South Wales.

Ms Hannam has been an active member of a number of professional committees, including as secretary of the Australian Association of Magistrates in 2006 and 2007.

Ms Hannam is married to Dr Donald Hannam and has three children, Eliza, Georgina and Angus.

New Chief Justice Of The Federal Court Of Australia

wfc — Wed, 10 Feb 2010 07:02:10 +0000

The Australian Government is pleased to announce the appointment of the Honourable Patrick Keane as Chief Justice of the Federal Court of Australia.

Justice Keane will begin his appointment on Monday 22 March 2010. His Honour will be the third Chief Justice appointed to the Federal Court since its inception, and the first from Queensland.

Justice Keane is currently a Judge of the Court of Appeal, Supreme Court of Queensland, an office he has held with distinction since 2005. Prior to taking up judicial appointment, Justice Keane was Solicitor-General for Queensland. Between 1990 and 1992, Justice Keane was Deputy Chairman of the Queensland Law Reform Commission. He practised at the Queensland Bar between 1978 and 2005, principally in commercial and constitutional matters. Justice Keane was appointed Queen’s Counsel in 1988 and in 2003 was awarded the Centenary Medal.

Consistent with a commitment to a more transparent and merit-based judicial appointments process the Government has undertaken extensive consultation to ensure the selection of the best possible candidate. The Government sought the views of a wide range of individuals and organisations, including State and Territory Attorneys-General, Chief Justices from across Australia, and the legal profession through the relevant professional associations.

The Government is grateful to all those who put forward nominations, which greatly assisted in the consideration of this appointment.

The Honourable Chief Justice Michael Black AC will retire on 21 March 2010, following 19 years of exemplary service to Australia as Chief Justice of the Federal Court of Australia.

The Government thanks the Chief Justice for the valued and enduring contribution he has made to Australia’s justice system.

Canberra

10 February 2010

Press Office (02) 6277 7744

Attorney-General’s Office (02) 6277 7300

New Supreme Court Judge Appointed

wfc — Mon, 27 Jul 2009 04:39:32 +0000

Campbel Giles | 23 July 2009

Media Release

The Attorney-General, Delia Lawrie, today announced the appointment of Judith Kelly SC to the Northern Territory’s Supreme Court bench.

“Ms Kelly brings a wealth of commercial legal experience and a strong understanding of matters unique to the Territory to the bench,” Ms Lawrie said.

“With 23 years experience as a legal practitioner in the Territory, Ms Kelly will be a valuable asset to the Supreme Court.”

Ms Kelly has extensive experience in high-level commercial litigation and was appointed Senior Counsel in 2008.

“I want to congratulate Ms Kelly on her appointment as a Justice of the Supreme Court. She will make a significant contribution to the Northern Territory’s judicial system,” Ms Lawrie said.

Ms Kelly’s appointment follows the retirement of Justice Sally Thomas from the Supreme Court bench.

“I would like to thank Justice Thomas for her valued contribution as both Chief Magistrate for six years and to the Supreme Court over the past 17 years,” Ms Lawrie said.

Biography

Judith Kelly came to the Territory in 1977 and worked as a secondary school teacher at Batchelor Area School from 1977 to 1982.

She completed her law degree in Brisbane in 1985 and was admitted to practise as a barrister in Queensland in February 1986 and as a legal practitioner in the Northern Territory on April 1, 1986.

She began work for the Darwin office of Morris Fletcher & Cross, (later Philip & Mitaros, now Clayton Utz) where she became a partner.

As a solicitor Judith Kelly had a commercial litigation practise with a focus on banking and insolvency, insurance, construction and admiralty law.

After joining William Forster Chambers in 1996 she retained a commercial focus practising mainly in the areas of contract, partnership, building, property, tax and insolvency matters as well as some professional negligence, insurance, native title, administrative law, maritime, probate and family provision matters.

She is married with one son. Judith Kelly has long-standing family connections to the Territory with her grandfather, Harold Snell, arriving in 1912 to build Commonwealth public servant’s houses at Myilly Point while her mother was born in the old Darwin hospital at Doctors Gully in 1923.

Women Barristers Sidelined as Men clean up

wfc — Fri, 03 Jul 2009 05:11:20 +0000

Nicola Berkovic | June 12, 2009

Article from: The Australian

MALE barristers are taking the lion’s share of government work in the nation’s most lucrative market for legal services — NSW.

NSW government figures obtained by The Australian show women received just 26 per cent of the state government’s briefs and 17 per cent of fees generated in October to December last year.

The inequality was even more pronounced at the senior level, where females received just 16 per cent of briefs to silks and 12 per cent of fees.

The figures were released as the Law Council of Australia and Australian Women Lawyers kicked off the first comprehensive national survey to test the representation of female barristers in superior courts across the country. The NSW data showed the state fell well behind Victoria, where female barristers worked on 52 per cent of state government briefs but received just 28 per cent of the fees generated.

A spokesman for NSW Attorney-General John Hatzistergos said the state’s equitable briefing policy was introduced in October to address the difference.

He said it was aimed at encouraging government agencies to provide more work to female barristers and to boost their numbers at the bar.

AWL president Georgia McMaster said it was disappointing that in NSW as in Victoria, women received a disproportionate amount of fees for the work they did.

“(It) means they are basically getting the lowest type of bar work and are receiving less fees than their male counterparts,” she said.

Ms McMaster said the survey announced this week would show at a national level whether governments and large firms with equal briefing policies were providing enough high-level work to female barristers.

Ultimately, the aim was to ensure females were better represented at the bar.

“A lot of women barristers come in at the junior level and stay for three to five years and then they go again because they’re not getting the work,” she said.

“Until they start getting a really good proportion of the work, we’re not going to build up the numbers.”

Law Council president John Corcoran said the survey, due to be completed in September, would probe the number and complexity of cases in which female lawyers appear.

Data will be collected on the rate at which females appear in court, the types of matters they are involved in and the time spent in court.

Judges’ associates at the High Court, Federal Court, Family Court and the Supreme Courts and Courts of Appeal in each state and territory will complete the surveys and assess the complexity of cases.

Mr Corcoran said there was widespread concern that female barristers were under-represented across the nation.

However, this was based largely on anecdotal evidence. For the first time, the survey would gather data from every superior court to gain a clear picture of national briefing practices.

The survey, which was being conducted by independent consultants at considerable cost to the Law Council, would analyse whether females were being given a fair share of briefs.

This would help to determine whether new strategies were needed to ensure equality for women at the bar.

“We’re hoping with the survey results that this can be brought to the attention of the government who are major litigants,” he said.

The survey follows a national but less comprehensive AWL survey completed in 2006, which showed females accounted for just 20 per cent of court representations.

The new Trial Civil Procedure Reforms Practice Direction to come into effect on 1 January 2010.

wfc — Wed, 03 Jun 2009 23:12:45 +0000

The rules committee chaired by Justice Dean Mildren has settled the final form of the proposed Trial Civil Procedure Reforms Practice Direction and its accompanying Explanatory Memorandum. This proposed practice direction is likely to see significant changes in the way litigation is conducted in the Northern Territory Supreme Court. It introduces an obligation to engage in pre-action conduct similar to that which already applies in South Australia and the United Kingdom and which has been recommended by the Victorian Law Reform Commission. For the cases which do not settle pre-action, there will be active judicial case management including the setting of early trial dates. The parties and their representatives will be under a positive duty to assist the court ensure that “the real issues of substance which are in dispute between the parties, and only those issues, are resolved by the court justly, promptly, economically, and in proportion to the nature of the dispute”. The new practice direction is expected to be signed over the next week or so and will come into effect on 1 January 2010.

Administrative Law and the Intervention seminar has been deferred.

wfc — Wed, 22 Apr 2009 23:06:55 +0000

The CPD seminar: Administrative law and the Intervention, has been deferred until further notice. This is becasue we are currently awaiting the result of the appeals to the Full Federal Court. This means there will be no CPD seminar at William Forster Chambers for the month of April. For more information please dont hesitate to contact us, or Click here for details of the seminars to the end of June 2009.