On Tuesday 27 January 2015 Jim Pearce presented a paper at the Joint North South Conference Marrakech, Morocco on “The Privilege of Individuals Against Disclosure In Civil Penalty Prosecutions”. Jim noted that with the relentless creation by the Australian parliament of more and more civil penalty contraventions, and the increasing diminution by statute of the right to silence, this privilege is one of the most important protections of a fair legal system in Australia. Other speakers at the conference have included Mr Eric Goldstein, Deputy Director of the Human Rights Watch Middle East and North Africa Division, whose paper focused on the current struggle for independent procedures for making judicial appointments in Morocco and pending legislation to deal with Morocco’s refugee problem. On Friday 30 January 2015, Conference members attended a field visit with Mohamed Ben Abderrazik Avocat à la Cour Appel and discussed issues of legal procedure in Moroccan civil and criminal court systems.
Gerard Forlin Speaking at the Singapore Compact CSR SummetCSR: For Sustainable Growth Balancing Profit, People & Planet.
Regulation and Control of Labour Organisations Seminar
Dates: Saturday 23, Saturday 30 August, Saturday 6 & Saturday 13 September 2014
Time: 8.45am–4.00pm Venue: Law Building, Kensington Campus UNSW
For more information download the brochure
Bruce Hodgkinson SC together with Michael Toomba of Norton Rose Fullbright have, as specialist contributors, written a section on the Australian Work Health and Safety laws forthe new 3rd edition of an international publication “Corporate Liability: Work Related Deaths and Criminal Prosecutions”. The book’s general editor Gerard Forlin QC who is based in London, and is also a member of Denman Chambers in Sydney, has collected together a comprehensive oversight of the work, health and safety laws operating in a number of countries including England, Ireland, Scotland, USA, Canada, Europe and Australia.
It is the first time that this book, published by Bloomsbury, has included a section on the Australian work, health and safety laws. It is a widely recognised source for persons operating in the health and safety area in multiple jurisdictions. It collects together a very useful and informative analysis of health and safety laws and the way in which the courts approach them in the various jurisdictions, highlighting the standards applied to individuals working as directorsand in senior management positions.
The section of the book dedicated to the Australian system is compact, comprehensive and describes the work health and safety laws now operating throughout the majority of jurisdictions in the Australia. The impact of those laws on duty holders including Persons Conducting a Business or Undertaking as well as officers of corporations is given prominence.
Given the scope of jurisdictions covered by the book, it provides a very useful and easily accessible way to compare the operation of various jurisdictions and the developing trends in the important field of health and safety.
On Thursday 6 March 2014 Ian Latham presented a paper was given at a UNSW CLE on Workplace Health and Safety.
Download a copy or view a copy of Ian’s paper on Workplace Health and Safety
Gerard Forlin QC presented at the Dewan Jubli Emas, the AGC’s Law and Courts Building. The paper he presented was titled “Public Inquiries and Professional Discipline”. To find out more go to the Brunei Times website.
|To our wonderful friends who have been of such support to us over the past year.
I can understand that it seems impossible that I have been able to survive and even at times enjoy life the past twelve months since my beloved Geoffrey died on November 14 last year.
The support young Geoff and I were given during Geoffrey’s illness and death and which has been constant throughout the past year has been incredible. To those who have been able to be always there for us, all we can say is a BIG thank you. Without you, life would have been almost impossible. As you all know, Big Geoffrey took up a lot of our life and the emptiness would have been impossible to fill without the telephone calls, the coffees, the dinners, and at times, just the knowledge that others cared so much.
It has been very, very hard to live my life with such an enormous, and the most important, part of my life missing. I have been able to achieve strength, hope and fortitude from the support that Geoffrey gave me all the time we were together. He continues to sit on my shoulder and when the time gets really tough, I just give my shoulder a rub, say, “thanks darling” and get on with enjoying life. Without his constant support life would be pretty difficult.
On Thursday young Geoff and I are going to spend the day together and just be thankful that we were so very, very, lucky to have had such a wonderful man in our lives for as long as we did.
So to all of you who were such good friends, business associates, and maybe even clients; on Thursday, take just a few minutes with young Geoff and myself to maybe raise a glass of wine or just have a few thoughts in memory of a truly great man. Cannot think of anyone who deserves it more.
Thank you my friends;
Gerard Forlin QC highlights legal trends and issues in Aviation. Read the article from the Aviation Business website.
On 26 June 2013 Jim Pearce and Ian Latham presented two papers dealing with union officials’ duties to a Denman CLE session.
Jim Pearce’s paper was entitled “UNION OFFICIALS’ FINANCIAL MANAGEMENT DUTIES UNDER THE FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 “.
Ian Latham’s paper was entitled “OTHER SOURCES FOR UNION OFFICIAL’S DUTIES”.
Jim opened his paper by stating “Provisions dealing with the general duties of union officials in relation to financial management were first legislated in Schedule 1B Registration and Accountability of Organisations of the Workplace Relations Act 1996 (WR Act), and are now found in substantially the same form in the Fair Work (Registered Organisations) Act 2009 (FWRO Act) in Chapter 9 Part in 2. In his second reading speech, in 2003, Minister Abbott stated: “The bill establishes statutory fiduciary duties for officers and employees of organisations modelled on duties applicable to company directors under the Corporations Law. These provisions will provide members of organisations with increased protection against financial mismanagement. This protection is appropriate, given that officials of registered organisations are entrusted with substantial funds on behalf of their members.” It is fair to say that these laws lay dormant and undisturbed by judicial consideration until recently.”
Ian’s paper dealt with other bases for the duties of officers of registered organisations including:
(i) the equitable bases for officer’s duties;
(ii) the prohibitions within the Criminal law;
(iii) the statutory regime set out in the NSW Industrial Relations Act;
(iv) the appointment of administrators under the State and Federal Acts;
(v) the obligations under the 2012 changes to the Fair Work (Registered Organisations) Amendment Act 2012.”