“This is a submission I have made to the NSW Bar Association’s current inquiry into the method of appointment of Senior Counsel being conducted by Roger Gyles AO QC.”

I am generally happy with the operation of the Senior Counsel Protocol. No system will satisfy everyone. However I believe it can be improved by simply changing the office’s title back to Queen’s Counsel and in a limited way extend the class of persons eligible for appointment beyond that of practising advocates.

The ancient office of Queen’s Counsel was changed by decision of the then Premier of New South Wales, the Honourable John Fahey. In November 1992 it was announced that his Government would no longer make recommendations for the appointment of Queen’s Counsel. The Bar and the legal profession were ambushed by this change. The announcement was a surprise, not only to the New South Wales Bar but to others who had been asked to comment upon a legal profession Issues Paper, included in which was whether the office of Queen’s Counsel should be abolished. [...] Continue Reading…

I am happy to have added this piece by Mishka Borowski titled “There are two colours in my head” to my collection. Thanks to Gallery 9. [...] Continue Reading…

Ford Motor Company of Australia Limited ats Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2009] FWAFB 1240 dated 11 December 2009.

Telstra Corporation Limited ats Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2009] FWAFB 1698 dated 15 December 2009.

1. The Full Bench of Fair Work Australia last December handed down two decisions which show that that Tribunal despite its ability to approve protected industrial actions in certain circumstances will only do so when the Applicants for such protection comply with the complex technical regime set out in the Fair Work Act.

2. The Full Bench’s refusal to approve the protected action applications no doubt fulfils sensible people’s views that strike action is to be avoided and even when permitted by legislation, contrary to the common law, will only do so when all the technical requirements have been met. These two decisions provide significant instruction to industrial parties setting out when and in what circumstances such protected industrial action orders will be granted.
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This is my latest purchase from a recent exhibition of Tom Carment’s work at the Damien Minton Gallery. It is entitled “Mother and Child, Bosom Beach Currarong” in watercolour & gouache. To see more work by Tom Carment visit his website. [...] Continue Reading…

Andonovski ats Park Tec Engineering Pty Limited, [2009] NSWCA 305.

Many cases come before the Courts where the Plaintiff does not know whether he or she is an employee, and if he or she is an employee, the identity of the employer. Andonovski ats Park Tec Engineering Pty Limited is such a case which has been decided by the NSW Court of Appeal on the 27 October 2009 comprising their Honours Tobias JA, Young JA and Sackville AJA who wrote the judgment with which the others agreed. [...] Continue Reading…