Law News Items (1 Viewer)

[Ziff]

Prostitute murder: High Court orders new trial

The High Court today granted a new trial for a man who allegedly confessed to murdering a prostitute when the video recording of his police interview was switched off.

http://www.smh.com.au/news/National...rders-new-trial/2005/02/03/1107228833268.html

Full judgement: http://www.austlii.edu.au/au/cases/cth/high_ct/2005/1.html

 

[Frigid]

Of late, it has been non-top 5 Gadens and to a lesser extent Deacons unique approaches to hiring that have been appealing to me. it's not hard to see why with this recent article:

Clerkship success via “radical” methodshttp://www.lawyersweekly.com.au/articles/29/0C02A029.asp?Type=53&Category=853
By Kate Gibbs

A UNIQUE approach to hiring has seen Gadens Lawyers achieve a 100 per cent acceptance rate with the firm’s Sydney summer clerkship program for the third year in a row. The firm’s new managing partner has been the key driver of Gadens’ offbeat hiring methodology.

Law students vying for summer clerk positions at Sydney law firms are required to take part in an industry program involving a careers fair and centralised processing of the students’ clerkship applications.

But Gadens has developed its own recruitment method, requiring students to apply to the firm directly, rather than just ticking a box. Using the careers fair as its flagship event for the process, Gadens this year received hundreds of applications.

Managing partner Michael Bradley briefed Lawyers Weekly on the methodology in March 2004.

“Stallholders will talk to the students provided they stay out of the way of the Playstation screen,” Bradley joked. “We promise not to detract from anyone’s enjoyment of the day by making presentations.”

Those hoping to gather some free ‘stuff’would likely be disappointed, Bradley said. “We will only hand out show bags if we succeed in stealing them from the neighbouring stalls, but we are offering a special this year: each hour we will conduct a competition in our stall (details to be announced), the winner of which will receive a guaranteed summer clerk interview at Gadens, regardless of how atrocious their marks are.”

The firm’s hiring method was “less scattergun” than those methods used by some other firms, said Gadens’ Human Resources Director Jane Skinner. “The rough industry standard for clerkship acceptance rates is around 50 per cent.

“Firms will typically offer, say, 20 people jobs for 10 places, expecting roughly half of them to accept, because they target multiple firms. The people we pick tell us they specifically want to work with Gadens,” Skinner said.

But to be successful, students will have to stand out, Bradley said, adding that a Gadens lawyer must have certain qualities.

Firstly, he or she must have a law degree, something that is “easily overlooked, but actually quite important”. As well, “the ability to distinguish legal practice from real life and to conduct both simultaneously” is important. Finally, the desire to make a difference is an important asset for all Gadens lawyers, Bradley said.

Gadens selects people who are bright and whose world view is very similar to the firm’s. “We go on a gut feeling as well as academic record,” he said.

“While their academic record needs to be sound, we are attracted to people who have experience beyond typical student life … We look for people who will be able to operate in the commercial world.”

Gadens recently appointed, amongst its summer clerks, a unionist, a dancer, an extensive traveller, a director in a family business and an amateur graphic designer.

12 January 2005

ohhh, btw, did i mention they let their staff wear smart casual too?

 

[MoonlightSonata]

Lawyers weekly, nice though it is, has so much Gadens propoganda

 

[Frigid]

something to mention in a clerkship interview?

New CEO to lead Minters into Asia Pacific strongholdhttp://www.lawyersweekly.com.au/articles/27/0C02C727.asp?Type=53&Category=853
By Kate Gibbs

PHIL CLARK, the man who has led law firm Minter Ellison as both managing partner and CEO, will retire in June this year. His replacement, who today took up his new post, intends to help establish the firm as a “clear leader” in the Asia Pacific market.

Guy Templeton started work this morning at Minter Ellison, and will sit alongside Clark in the upcoming months to learn the ropes of his new role before Clark leaves the firm.

Chairman of partners at Minter Ellison, Peter Bartlett, yesterday announced the appointment, and said Templeton’s strengths are in developing and implementing strategies for growth in the Asia Pacific region. His excellent credentials in both Australia and Asia would be an excellent asset for the firm, Bartlett said.

Templeton said yesterday that Minter Ellison is “poised to become a clear leader in the Asia Pacific legal market”.

Templeton comes from PA Consulting Group, where he was one of ten global managing partners. He was also recently Australia Country Head and Chairman Asia Pacific Regional Development. Bartlett said the firm would benefit from Templeton’s “track record of building profitable professional practices in the [Asia Pacific] region”.

The new Minters man was based in Hong Kong from 1995 to early 2003. In that time, he ran PA Consulting Group’s global Telecommunications & Media Practice. He then had joint leadership of the broader Strategy & Private Sector Group.

Having worked in more than 20 countries, Templeton has had responsibility for project delivery in telecommunication, utilities, government sectors, media, travel, information services, financial services and transport. As well, he has overseen the growth of successful practices in Europe, Asia and North America.

Bartlett yesterday acknowledged the contribution Clark had made to the firm, lifting its profile and performance dramatically over the past 10 years. As managing partner and CEO this contribution has been “pivotal”, Bartlett said. The firm is fortunate, he said, that Clark will “be on hand” over the next five months to work with Templeton and “pass on his wealth of knowledge”.

1 February 2005

 

[Ziff]

The High Court has upheld New South Wales legislation preventing the accused in sexual assault cases from directly cross-examining their alleged victims.

http://www.abc.net.au/news/newsitems/200502/s1295884.htm

http://www.smh.com.au/news/National...examine-victims/2005/02/04/1107476774480.html

 

[Frigid]

a modern-day Donaghue v Stevenson?

Judge denies hatching bottled mouse scheme

A US judge is seeking compensation after finding a dead mouse in his beer. Judge Randy Anglen apparently screamed when he saw the mouse, having already finished the bottle.

After a long day at work, Randy returned to his home in Missouri and drank the bottle of Miller Lite, thus finishing the contents – or so he thought. But, draining the last of it in preparation for recycling, he heard a plop as he put the bottle on his worktop.

Peering into it, Randy saw a long tail coiling around the inside of the bottle, then he caught sight of the rest of the mouse.

“The first thing I did was scream in horror,” Randy said. “Then I screamed in revulsion. Then I dropped to the ground, holding my head in my hands while I was still screaming,” he said.

His wife, understandably, came running in, holding the couple’s one year-old daughter. She then started screaming, and the baby was screaming because she didn’t know what was wrong with everyone, Randy recalled.

“It was five minutes before I could regain enough composure to say: ‘Don’t worry. I’m OK’,” he said.

A Miller beer representative reportedly told the judge to pack the bottle in dry ice and mail it to them so they could determine whether it was actually a mouse. But Randy would not be fooled –“I’m an attorney,” he said, “and that is the evidence.”

The judge is seeking appropriate compensation for the shock and resulting emotional trauma he suffered. “I’ll do whatever they want, including taking a lie detector test,” he said. “They need to know that I’ve got other things to do besides hatching a scheme to defraud Miller by putting a mouse in my beer.”

 

[Frigid]

New law may allow Skaf rape retrialhttp://www.smh.com.au/news/National...af-rape-retrial/2005/02/04/1107476803241.html
"Hours after Mr Cowdery [QC for the Skaf rape case] informed the Supreme Court of his decision, the Attorney-General, Bob Debus, said he would rush through amendments to the Evidence Act to allow a court to hear transcript evidence of a sexual assault victim in any retrial.

While saying the move would constitute the "significant new facts" that would allow a rethink under prosecution guidelines, Mr Cowdery criticised the Government's tardiness - also the chief complaint of the Opposition."

i know it's an issue, but do you really think that procedural law such as the Evidence Act should be allowed to be changed retrospectively? isn't that still against the rule of law?

 

[Frigid]

some intense postgraduate comlaw-ness:

More than just an MBA

"It is difficult to overestimate the value of an MBA for lawyers wishing to build and develop their business and management skills. But change is afoot – practitioners now more frequently look for a postgraduate degree that will allow them to combine their interest in a particular area of law with another discipline, such as business. A ‘straight’ Master of Laws (LLM) is not always enough to satisfy their requirements either.

There are dedicated students who undertake the study of both an MBA and an LLM, but when it comes down to it, today’s education market is changing, and prospective students would rather obtain a degree more tailored to their own needs.

The Australian Graduate School of Management and the University of NSW Faculty of Law are considering the introduction of a joint degree, which would provide students with an LLM-MBA, in response to the need for more flexible programs.

Angus Corbett, Associate Dean (Postgraduate) of the UNSW Faculty of Law, thinks this degree “will have a significant impact” both for practitioners working in corporate law and for those aspiring to management roles. “An LLM and an MBA together is a pretty big hit,” Corbett says.

..."

 

[Frigid]

you can attempt to assassinate a titular prince, and still become a barrister!

He shot at a prince, now he's a barristerhttp://www.smh.com.au/news/National...hes-a-barrister/2005/02/05/1107476853014.html

"The student who fired two shots from a starting pistol at Prince Charles in Darling Harbour 11 years ago has now qualified in NSW as a barrister.

The Sun-Herald tracked down former anthropology student David Kang after the Prince of Wales announced he would visit Australia at the end of this month.

"What happened 11 years ago was an extremely traumatic experience and I have certainly moved on in my life and now I have become a barrister here in Sydney," Mr Kang, now 34, said in his city chambers.

When Prince Charles last visited Australia in 1994, Mr Kang fired two blank shots from a starting pistol and rushed onto the stage as the heir to the throne was about to hand out Australia Day awards.

...In court he said he was trying to highlight the plight of Cambodian boat people and suffered depression.

He was found guilty of threatening unlawful violence and sentenced to 500 hours community service.

But from that brush with the law came the direction that would reshape David Kang's life. He was admitted to the bar last August and specialises in criminal and medical law.

"Certainly 11 years ago was a traumatic experience and is something I don't want to bring back those memories again," Mr Kang said on Friday."

a specialist sex crimes court? interesting idea...

Duo courting a sexual revolutionhttp://www.smh.com.au/news/National/Duo-courting-a-sexual-revolution/2005/02/05/1107476853394.html

As counsellor and police officer, Karen Willis and Kim McKay have already devoted their careers to seeking criminal justice for women. But until now, neither probably believed they could make the kind of difference that would be remembered.

As leaders in their respective fields, the pair have been chosen to join the 20-strong Criminal Justice Sexual Offences Taskforce, which has been formed to consider Australia's first specialist sex crimes court.

With members handpicked by NSW Attorney-General Bob Debus, the group's charter is to explore ways to revolutionise the prosecution of sexual crime, making it easier for victims to come forward and give evidence.

 

[Frigid]

i wanna get this book - sounds interesting:

What price happiness?http://www.lawyersweekly.com.au/articles/1C/0C02C61C.asp?Type=56&Category=841
Francis Wilkins

Towards the end of ABC’s last Sunday night offering, Hell has Harbour Views, the protagonist, Sydney lawyer Hugh Walker, finds himself contemplating three lines from Hamlet: “This above all: to thine own self be true/ And it must follow, as the night the day/ Thou canst not then be false to any man”.

The TV movie, an adaptation of Sydney barrister Richard Beasley’s book, paints a dark picture of Sydney corporate and legal life. The film’s characters and firms are not directly based on but are, however, closely inspired by real life, as observed by an insider. Those within the legal world will have recognised some friends and acquaintances (and Lawyers Weekly has its own theories about the origins of several of the book’s characters).

GO UTS!

UTS success a legal drawcard

APPARENTLY ON the right track with their chosen professions, law students at the University of Technology, Sydney (UTS) have this year won three major mooting competitions, a success rate not previously achieved in an Australian law school.

 

[Frigid]

i love you UWS kids

Letter to the editor: UWS too far west to get a mention?

As a law student at the University of Western Sydney (UWS), it was with some interest that I read a recent piece, “Law schools out of touch” (The Australian, 19 May 2004, p34). In that piece, the President of the Australian Law Reform Commission, Professor David Weisbrot, argued that law schools need to focus on teaching more practical skills in order to equip their students for the “real world”.

 

[1000words]

Hi everyone,

I don't mean to be a downer or anything but seeing as you're interested in the law, and possibly might pursue a career in law in the future, I thought I should advise some of you to stick with posting links and at most, quoting a line or two from the original article. What's far better is when people post their own opinions on the various issues.

Copying and pasting all or parts of the article raises serious copyright issues particularly as this is a fairly open forum. I know that many forum users (not just here at BoS) copy and paste articles. However, this is a forum relating to law and I think would reflect badly on us. What do you think?

David

 

[Frigid]

What's far better is when people post their own opinions on the various issues.

usually i only post things that i approve of or find insightful

Copying and pasting all or parts of the article raises serious copyright issues particularly as this is a fairly open forum. I know that many forum users (not just here at BoS) copy and paste articles. However, this is a forum relating to law and I think would reflect badly on us. What do you think?

hmmmm... point taken, but... as you say, they do it on almost every BBS... and... since i cite the source, i'm not plagiarising.

edit: fine

Copyright © Reed Business Information. All material on this site is subject to copyright. All rights reserved. No part of this material may be reproduced, translated, transmitted, framed or stored in a retrieval system for public or private use without the written permission of the publisher.

the mind wonders: does my quoting of the copyright itself infringe the last part of the copyright?

 

[MoonlightSonata]

usually i only post things that i approve of or find insightful hmmmm... point taken, but... as you say, they do it on almost every BBS... and... since i cite the source, i'm not plagiarising.

Indeed I wouldn't worry frigid, there are fair dealing exceptions under Copyright. See for example CA, s42 --

Fair dealing for purpose of reporting news
(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if:

(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or

(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

One might also make a daring argument about your posts being for research or study purposes

the mind wonders: does my quoting of the copyright itself infringe the last part of the copyright?

No

However ripping off someone's legal disclaimer to use as your own would

 

[1000words]

Indeed I wouldn't worry frigid, there are fair dealing exceptions under Copyright. See for example CA, s42

Without wanting to hijack this thread, I would like to warn that fair dealing is a very limited exception to copyright infringement. Furthermore, the reporting of news exception is highly unlikely to apply in this case as s42 relates to a newspaper, magazine or similar periodical etc. More importantly, fair dealing relates to the reproduction of a reasonable portion of copyright material without the permission. This raises issues as to the reasonable amount of material reproduced as well as the nature of the use itself. In this case, we do not need to reproduce the whole article (so far, whole articles have been reproduced without significant further comment) and we can also provide a link instead.

Putting aside legislation and questions of infringement, it does not seem to be good form in a legal forum to copy a substantial portion of an article when there are other reasonable means.

 

[Frigid]

hey, i bought Richard Beasley's book ^.^ *off to read it*

will write a reflection statement when get back.

david: take it easy... legally you are correct, though i highly doubt that an infringement such as this would have any negative ramifications. yes, it's naughty to copy+paste, but i'm only being informative i'm happy to have you discuss any issues/opinions regarding the articles i have posted up recently.

 

[1000words]

david: take it easy... legally you are correct, though i highly doubt that an infringement such as this would have any negative ramifications. yes, it's naughty to copy+paste, but i'm only being informative i'm happy to have you discuss any issues/opinions regarding the articles i have posted up recently.

Not to worry, I'm not getting worked up over it and I do not care whether or not I am legally correct. I am just saying that it would be poor form to continue in that way considering as we have an interest in law.

 

[spell check]

i hate you guys

 

[mr EaZy]

Hicks has rights, rules US judgehttp://www.smh.com.au/news/Global-T...-rules-US-judge/2005/02/01/1107228701903.html
"A US court decision that declared the Guantanamo Bay military commissions unconstitutional, and said the prisoners had rights under the US constitution to challenge their detention, has intensified calls for the Australian Government to demand David Hicks get a fair trial or be brought home.

The decision, by Judge Joyce Hens Green of the Federal District Court in Washington, came days after the other Australian being held at Guantanamo Bay, Mamdouh Habib, was released by the US without charge and returned to Australia."

i hope i dont raise eyebrows for quoting this (?)
but here goes

Judge Green's ruling conflicted with a ruling by another judge, Richard Leon, in the same court a fortnight ago. He found that the detainees could not have their cases examined in a US domestic court.

"You now have two conflicting views of differently constituted district courts in the US," Mr Ruddock said.

yeah, i dont start law subjects till 2nd semester so, i hope u guys dont see me as an over-excited post HSC, uni freshman

but what happens when two judges make two rulings?
can the defendant choose which to follow?
and can they both be taken down as precedents- for future judges to rule upon?

what other issues would be involved in a case like this?
or should i wait till 2nd/3rd year uni to start asking these questions ?

 

[1000words]

Hell has habour views (the book) was much better than the telemovie (as you would expect)...The actor who played Hugh in the telemovie was gawd awful.

Cool, I was disappointed that I missed the telemovie.

Those who enjoyed 'Hell has harbour views' might be interested in 'The Ambulance Chaser': http://www.dymocks.com.au/ContentDynamic/Full_Details.asp?ISBN=1405035986, which is his latest book.

Those interested in trivia, Richard Beasley can be located in the Wentworth Chambers: http://www.nswbar.asn.au/database/barrister_details.php?mem_num=DiV7ZMgksFc=