DOWNLOADS From the CEO - Territory Stories: Home · From the CEO Sixth Austin Asche Oration in Law...
Transcript of DOWNLOADS From the CEO - Territory Stories: Home · From the CEO Sixth Austin Asche Oration in Law...
Issue 30/2016 View this email in your browser
From the CEO
Sixth Austin Asche Oration in Law and Governance
This year's lecture entitled 'Young People in detention: impacts, progress
and alternatives' is on topic. The Oration will be presented by the
Honourable Marilyn Warren AC, Chief Justice of the Supreme Court of
Victoria. The lecture will be held on Tuesday 11 October 2016. Find out
more here.
When the High Court went on strike
What exactly do bookshelves have to teach us about the independence of
the judiciary? Believe it or not, the early history of the High Court of
Australia was played out through arguments over bookshelves, tipstaff and
telephones. In this article Justice Stephen Gageler discussed a curious
episode in the formative years of judicial history.
12 September - 20 years since Kable
September 12 marked the 20th anniversary of the High Court's decision
on institutional integrity of courts in Kable. The case marked an important
extension of a particularly Australian concept of the independence of the
judiciary from the federal level to the state level. Read more here.
End of Life website
DOWNLOADS
CPD
Ethics & Evidence
Returns
27 September 2016
1.00 pm - 2.00 pm
LSNT Council Room
Register here
Kids in Court - Effective
Advocacy
28 September 2016
10.. pm - 2.00 pm
LSNT Council Room
Register here
Voice and Performance
Skills Workshop
4 October 2016
11.00 am - 2.00 pm
Browns Mart Theatre
Register here
Northern Territory
CPD Guide for Practitioners
CPD DVD Order Form
CPD DVDs for sale
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QUT has launched an 'End of Life' website designed to provide practical
information about Australian laws (by jurisdictions) relating to death, dying
and end-of-life decision making. View the website here.
Are specialist court the way to go?
Chief Justice Bathurst of the Supreme Court of NSW delivered this speech
recently at the Pacific Judicial Conference in Papua New Guinea.
Departures from Open Justice
This paper discusses the Media's standing to challenge departures from
open justice and discusses how the laws differ by jurisdiction and the
relevance of common law standing.
Paperless Arrests
This is a good article by Sydney Law Lecturer John Eldridge on the
paperless arrests case, prepared for the Adelaide Law Review.
O'Brien v ABC [2016] NSWSC 1289
This is a defamation case arising from Media Watch. The court was asked
to consider whether the journalist engaged in trickery by misrepresentation
and whether the defence of fair comment or truth was available.
LCM v The State of Western Australia [2016] WASCA 164
This WA murder case discusses the relevance of FADS to sentencing and
whether new evidence of FADS suffered by the offender meant a
difference sentence should have been imposed.
Shields v Deliopoulos [2016] VSC 500
This Victorian Supreme Court decision has been hailed as a 'landmark'
decision in residential tenancy law. Read the judgement here.
Smith v NRMA Insurance Limited [2016] NSWCA 250
In this case, the NSW Court of Appeal appoints an independent solicitor as
the child litigant's tutor and makes orders protecting her for costs in
advance.
Menon v Council of the Law Society of NSW [2016] NSWSC
1322
In this case, the NSW Supreme Court grants an order in the nature of
certiorari in respect of the Council's decision to commence disciplinary
proceedings.
Gunns Limited v State of Tasmania [2016] TASFC 7
This case discusses the essential elements of negligence as it relates to
Mineral Royalties
5 October 2016
1.00 pm - 2.00 pm
LSNT Council Room
Register here
Sex, Health and the Law
6 October 2016
1.00 pm - 2.00 pm
LSNT Council Room
Register here
Capacity to Instruct and
Informed Consent
10 October 2016
12.30 pm - 2.00 pm
LSNT Council Room
Register here
Understanding the
Neuroscience of Stress
and Vulnerability
11 October 2016
1.00 pm - 2.00 pm
LSNT Council Room
Register here
How to Mindfully Deal
with the Tough Stuff for
Lawyers'
14 October 2016
8.00 apm - 9.30 am
Vibe Hotel
Register here
Northern Territory Bar Association
Northern Territory Women Lawyers'
Association
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public authorities and the granting of water licences.
What is Constitutional Recognition?
There has been a lot of debate around Constitutional Recognition of
Indigenous Peoples but what does that mean and can we have
Constitutional Recognition and a treaty? The Law Report discussed this in
detail.
Voice and Performance Skills Workshop
Do you want to be a successful communicator? Attend this practical and
interactive workshop to develop your voice, body language and improve
your case delivery and communication with clients and colleagues.
Only 15 places available – first in, first served!
This workshop is jointly presented by Mr Paolo Fabris, Lecturer in Vocal
Studies & Director CYCM and Mrs Kate Wyvill, Actor, playwright, director
and theatre producer. View more information here.
The next big thing in legal: carthorse to racehorse artificial
intelligence
What do you think is the next big thing in the legal world? This article from
Robotics Law thinks it will be artificial intelligence.
OCSOBER 2016
It's almost that time of the year again to take a break from the booze.
Ocsober runs from 4 - 31 October. To get involved and to find out more
click here.
2016 Mental Health Week
The Law Society Northern Territory cordially invites you to join us this year
for Mental Health Week 10-14 October to promote awareness about
mental health and well-being for all. The Society is proud to present a
program aimed to educate, engage and raise awareness about mental
health issues and encourage those in the legal profession to integrate
work/life balance practices into their workplace and everyday life.
The theme for this year’s Mental Health Week is - ‘Celebrate, Connect
and Commit’ with a focus on resilience, self-advocacy and capacity for
positive change.
Celebrate collegiality. Connect with friends, family and with the community.
Commit to learning something different – take on new challenges and
contemplate to reduce stress.
Public workshops:
Calendar
Advertise vacancies on
the RRR Law website
IT'S FREE!
The Society is pleased to
endorse this human rights
campaign. For more
information visit the website.
Legal Vacancies
Resident Judge - ACT
Chief Parliamentary
Counsel - Darwin
Criminal Lawyers Association of the Northern Territory
Northern Territory Young Lawyers
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Click to open the link to the program 2016 Mental Health Week Program.
If you wish to join any of the FREE activities (Walk for Wellness, 15 Minute
Workout for Time Poor Professionals and Chair Yoga for all Levels), please
contact [email protected] or ring 08 8981 5104 to book your
attendance as places are limited.
We look forward to your participation in the Society’s 2016 Mental Health
Week Program that raises awareness, promotes mental health and well-
being and celebrates you!
Hope to see you and your colleagues at the 2016 Mental Health Week
Breakfast.
Royal Commission Update
A few updates to the work of the Royal Commission into the Protection and
Detention of Children in the Northern Territory for your information and for
distribution to the wider communities.
The Royal Commission invites all members of the communities across
Alice Springs, Santa Teresa and Tennant Creek and surrounding regions
to a community meeting to hear about the work of the Royal Commission.
Commissioners Margaret White AO and Mick Gooda will be present at
these meetings to answer questions and listen to what the community may
wish to share.
The dates and locations of the community meetings are as follows:
• Alice Springs: 2-4pm, Monday 26 September 2016, Gumtree
Room, Chifley Hotel, 34 Stott Terrace, Alice Springs
• Santa Teresa: 10am –2pm Tuesday 27 September 2016.
• Tennant Creek: 2-4pm, Wednesday 28 September 2016, Karguru
Centre, 65 Staunton St Tennant Creek
We welcome your assistance in sharing the above information widely.
For further information about this meetings, please contact the Royal
Commission by phone on 1800 604 604, by writing to PO Box 4215,
Kingston ACT 2604 or by email:
You can also contact the engagement team:
• Jenny Bedford on 0448 251 466 in Alice Springs,
• Eddie Cubillo on 0434218949 in Darwin, and
• Nicci Wilson on 0437 785891 in Darwin.
Crown Prosecutor -
Darwin
Prosecutor - Darwin
Tenants Advocate -
Darwin
Law Officer -
Commercial
Law Officer -
Aboriginal Land
Family Dispute
Resolution
Practitioner - Darwin
Associate - Brisbane
Lawyers - Justice
Connect Vic
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The Royal Commission was established on 28 July 2016, and held its first
Directions Hearing on Tuesday 6 September 2016 in Darwin.
Information about the Royal Commission is on its website:
www.childdententionnt.royalcommission.gov.au.
Pool Fencing Forms
The nt.gov.au website was implemented earlier this year and
contains most Northern Territory Government web information.
Nt.gov.au is designed to be process or activity focussed. For the Pool
Fencing Unit, this means that forms are only made available in the
context of the broader application process and all steps of the
process are set out for the reader. This activity-based format is
appropriate for most users of the website who would only buy or sell
a property, install a pool, or seek to have a pool barrier certified
perhaps 2 or 3 times in a lifetime.
In response to feedback from the conveyancing industry, who access
Pool Fencing Unit forms more often than the average home owner,
direct links to the forms are provided below.
It is suggested that you save this edition and/or bookmark the forms
that you use most often for easy reference. The forms are changed
occasionally so please download them directly from the website each
time - do not save a copy to your computer.
Note: this list is only being provided directly to industry and will not be
published as a “forms” page on the website.
To find out more about the processes associated with each of the
forms, please refer to:
• nt.gov.au/poolfencing
• Buying or selling property with pools or spas
• Pools or spas at rental properties
No pool declarations
• Vendor / seller
◦ Word
• Purchaser / buyer
◦ Word
Pools installed after 1 January 2003
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If the seller does not have a copy of the certificate in their name they
will need to apply to have the compliance certificate reissued.
To apply for a reissued compliance certificate:
• fill in a variation of compliance certificate form
◦ variation of compliance certificate form
◦ variation of compliance certificate form
• submit the form to the Pool Fencing Unit.
After the sale or transfer the buyer must apply to have the
compliance certificate reissued in their name by following the process
above.
Pools installed before 1 January 2003
Existing pool safety barrier has a compliance certificate
(if change of name)
• variation of compliance certificate form (Word)
• variation of compliance certificate form (PDF)
Existing pool safety barrier has an acknowledgement notice.
• Purchaser’s declaration form (Word)
• Purchaser’s declaration form (PDF)
No pool safety barrier paperwork - seller declaring Community Safety
Standard before sale.
The seller can find out how to meet the Community Safety Standard
by reading the Community Safety Standard guidelines (33.0 kb) or
talking to a pool safety adviser at the Pool Fencing Unit.
Completed by vendor / seller
• declaration of compliance form (Word)
• declaration of compliance form (PDF)
Completed by purchaser / buyer
• Purchaser’s declaration form (Word)
• Purchaser’s declaration form (PDF)
No pool safety barrier paperwork - seller is applying for compliance
certificate for Modified Australian Standard before sale.
Completed by vendor/seller
**Note an inspection of the barrier by the Pool Fencing Unit will be
required – phone or email to book an appointment
• application for a compliance certificate (Word)
• application for a compliance certificate (PDF)
Completed by purchaser / buyer after property transfer to receive a
reissued certificate with the change of name
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• variation of compliance certificate form (Word)
• variation of compliance certificate form (PDF)
No pool safety barrier paperwork - buyer is installing or upgrading to
a Community Safety Standard fence after sale.
The buyer can find out how to meet the Community Safety Standard
by reading the Community Safety Standard guidelines (33.0 kb) or
talking to a pool safety adviser at the Pool Fencing Unit.
Before the sale or transfer
• declaration of proposed compliance to the Community Safety
Standard form (Word)
• declaration of proposed compliance to the Community Safety
Standard form (PDF)
After the sale or transfer (within 3 months)
• declaration of compliance form (Word)
• declaration of compliance form (PDF)
No pool safety barrier paperwork - buyer is installing or upgrading to
a Modified Australian Standard pool safety barrier after the sale.
Before the sale or transfer
• provisional compliance certificate form (137.0 kb)
• provisional compliance certificate form (51.0 kb)
After the sale or transfer (within 3 months)
**Note an inspection of the barrier by the Pool Fencing Unit will be
required – phone or email to book an appointment
• application for a compliance certificate (Word)
• application for a compliance certificate (PDF)
Transferring a property without installing or upgrading the pool safety
barrier for pools installed before 2003
Note: can only be used in very limited and specific circumstances
• application for a temporary acknowledgement notice form
(Word)
• application for a temporary acknowledgement notice form
(PDF)
EVENTS
Borroloola 130th Anniversary Ball
29 September 2016
Borroloola
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View formal invite here
Sixth Austin Asche Oration
11 October 2016
5.00 pm - 7.00 pm
Level 4 Parliament House
Register here
International Criminal Law Congress Adelaide
12-16 October 2016
Adelaide
Register here
Australian Environmental Law Conference
20-21 October 2016
Brisbane
Register here
Australian Bar Association Conference
27-28 October 2016
Melbourne
More details here
Asia Pacific Coroners' Society Conference
8-10 November 2016
Perth
see more details here
WA Bar Association - French Colloquium
24 November 2016
Perth WA
See more here
ABA - Advanced Trial Advocacy
23-27 January 2017
Sydney
See more here
COURTS
Latest NT Cases
Keep up to date on the latest decisions of the Supreme Court here.
High Court Bulletin
Keep abreast of what is happening in the High Court here.
Find the latest Overseas Decisions Bulletin here
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Family Court Bulletin
Read the Family Court Bulletin here
LAW COUNCIL OF AUSTRALIA
Latest Submissions
You can view the latest submissions here.
OTHER MATTERS and MEDIA
Lawyers, stop trying to be happy!
This article discusses the value of pessimism for lawyers.
Kindergarten Cop
Barry Cassedy's Insiders has put together this hilarious video on the 45th
Parliament of Australia. Don't miss it.
Why do anything? A meditation on procrastination
Idleness, as we know it has a bad rap in Western culture, but it can be a
philosophical experience in its own right. Read more here.
Pappardelle with Beef Ragu
This recipe is hearty, uncomplicated and with a surprising pop of flavour.
5 ways to build resilience
Discovering ways to adapt to what life throws at you makes you more able
to cope. Read more here.
Matthew Gardiner's War
This is an interesting article on local law student Matthew Gardiner, who
disappeared to Syria to help the Kurds.
How to stay calm when you know you'll be stressed
Read this transcript from Daniel Levitin.
Missing Something?
Is there something missing from your Practitioner? Do you have any ideas
or information you would like to be kept up-to-date on? If so, email us at
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The office is a hazzard!
Copyright © 2016 Law Society Northern Territory, All rights reserved.
LAW SOCIETY NORTHERN TERRITORY
Office location: Level 3, 9 Cavenagh Street, Darwin NT, 0800
Mailing address: GPO Box 2388, Darwin NT, 0801
Telephone: 08 8981 5104
Fax: 08 8941 1623
Email: [email protected]
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Law Society Northern Territory · Level 3 · 9 Cavenagh Street · Darwin, NT 0810 · Australia
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