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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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13/10/2016http://us11.campaign-archive2.com/?u=31d3b75c7fc73eff18d472f2c&id=d0829a95d9...

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:

[email protected]

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

◦ PDF

• Purchaser / buyer

◦ Word

◦ PDF

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

[email protected]

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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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