News from the Spigeltent and other places
Wednesday, April 6, 2011
Justinian in Arthur Moses SC, Bar Talk, Barristers' chambers, Greg Smith, Michael Hodgman

First days of the O'Barrell government ... True colours revealed ... Latest Sydney chambers whirligigs ... Tribute for Hodgman ... Unfounded rumours

TEF Hughes: not movingPeople were braced at 15 Wardell for the imminent arrival of Tom Hughes Snr.

They were keen for him to take over the chambers recently vacated by Tom Hughes Jnr, who after 22 years at the grill has decided to decamp to become a solicitor.

Young Tom missed out on silk a few years back.

However, after determined overtures to poach him from Blackstone Chambers, Tom Snr. has decided to stay put.

Consequently, efforts have been redoubled to find occupants to fill other empty rooms at 15 Wardell after the expected departure in July of about about six floor members to a gleaming new space on level eight of the same building.

This is a smaller number than the original 10 proposed departees. See, Beware of barristers bearing free rooms.

The rooms at 15 Wardell are still being offered for "free". The floor also has the additional freedom of not having a clerk, as is the case (temporarily) with 44 MLC (Edmund Barton).

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Lawyers are dismayed to discover that the $250 million refit of the NSW Supreme Court (Queens Square Lubyanka) does not include the provision of open access wifi facilities.

There's no point in taking an iPad or laptop to court in the hope of doing some on-the-spot research or Googling.

It's incredible, specially when you consider that the Queensland Supreme Court is fitting itself out with free wifi access for practitioners.

You can get free wifi at Starbucks, but not the Spigeltent.

And what about the $50 million or so invested by the NSW government in JusticeLink? Lawyers advise that after if fell over in its early stages of operation, even though the court says it's now been fixed, they still won't use it.

Outmoded, unmodern, and costly. Welcome to the Supremes.

The next CJ has a big job on his/her hands to get the show into the digital world.

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Word around the traps is that Sydney silk Arthur Moses has been assisting the incoming O'Barrell government with refining and developing codes of conduct for ministers and ministerial staff.

Bob Carr: From Macquarie Street to Macquarie BankAmazingly, there has been no code of conduct for ministerial staff in NSW, and it's Moses' job to create one.

He's also been asked to develop a protocol or legislation that restricts the areas of work open to ministers immediately after they leave office. No more Bob Carrs walking out of Macquarie Street into fat jobs at Macquarie Bank.

Apart from that the well-connected Moses has briefed incoming ministers and staff on accountability, probity and corruption.

The implementation of recommendations from ICAC and others on how to handle the tide of rent seekers and log-rollers lies at the heart of this. Proposals include, no minister or senior public service to see a lobbyist alone; that all meetings be minuted by an official; and that lobbyists cannot sit on government boards.

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What can we make of Greg Smith's first interview since becoming NSW attorney general, Min for Justice, Jails, etc? See, Sydney Morning Herald, Spray and pay: repeat graffiti offenders face jail, says AG.

Pounds to peanuts he would have been welcomed into his new job with Laurie Glanfield (head of the AG's department), issuing his traditional greeting: "Mr Attorney, we had difficulties working with your predecessor, but we can work well together."

But Greg smartly followed-up on his number one election pledge to send graffiti artists and yufs who damage property to jail. No more cautions from the coppers or silly diversionary programs for these crims, they are to go straight to court.

Graffiti is not a, "spanking offence ... It is also a sign for the lack of respect of [sic] the community".

Woodham: penal overlordBefore the election the former prosecutor made it clear jails should be reserved for violent offenders and everyone else should be diverted or given rehabilitation support.

Now the jails are for violent offenders and graffiti artists. Furthermore, jails czar (Rotten) Ron Woodham is to keep his job - but the government will appoint an inspector of corrective services.

In 2009 Smif declared that Rotten Ron should be removed as chief jailer of the penal colony.

To make matters even more unattractive, the new AG is frantically pandering to the bogans' hero, 2GB shock jock Ray Hadley, who had an unfortunate experience with an AVO.

As a result of this special pleading we are to have a review of the AVO legislation.

It took three days for Smif to wave his true colours.

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In Hobart last week there was a dinner to celebrate the life and times of The Hon. Michael Hodgman AM, QC, former MP, Her Majesty's Former Shadow Attorney General In and For Tasmania and its Dependencies, etc, etc.

Hodgman has a lung disorder brought on by a lifetime of Benson & Hedges Special Filter.

Solicitor General Leigh Sealy gave a tribute speech and recalled being junior to Hodgman in an extradition case. The federal coppers had arrested a Polish gentleman called Mr Parker who had 17 different passports, only one of which bore the name Parker. The Federal Republic of Germany wanted him extradited.

Hodgman: Most Australians would be astonished ... What Hodgman lacked in detailed legal knowledge he made up for with forceful advocacy.

Before magistrate Philip Wright (son of Senator Sir Reginald Wright) Hodgman succeeded with an argument that ran:

"Most Australian's would be astonished to learn that they could be sitting at home on a Sunday night watching 60 Minutes only to have two federal policemen bursting in and seizing them."

 That line was upheld in the Federal Court by Justice Peter Cadden Heerey.

Mr Parker was returned to the bosom of his family to watch 60 Minutes on Sunday nights.

Sometime later he was arrested again by the AFP and taken into custody. Hodgman went to the Full Federal Court with his, by now, well ingrained argument:

"Most Australians would be astonished to learn that they could be sitting at home on a Sunday night watching 60 Minutes only to have two federal policemen bursting in and seizing them."

It didn't work with the full court so Hodgman took it to the High Court, where he started: "Most Australians would be astonished to learn ..."

Smiler Gleeson leaned forward and interjected, with alarming clarity:

"Mr Hodgman, it is not our function to decide what would astonish most Australians. It is our function to decide this case according to the law."

Hodgman had long complained that Mr Parker never thanked him for all his troubles. Sealy revealed last Thursday night that he had received from the prisoner a smoked eel and a bottle of vodka.

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It is not our practice to report wild rumours, except on special occasions.

However, some members of the Sydney bar are concerned at tom toms beating out the message that after a suitable interval attorney general Greg Smif will arrange for the outgoing AG, John Hatzistergos, to be appointed as a judge of the District Court.

Shudder.

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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