More Nonsense Law Reform

The general effect of law reform over the last 30 years or longer is to increase complexity and the cost of legal services. The Federal AG's newest seem likely to do the same. Independence of the legal profession as a goal cannot be taken exception to. However it seems like an own goal. What is really needed is a general survey of the legal needs of our social and economic society so as to see what goals are appropriate. A lot of single practitioners and small partnerships are going broke. The big end of town is as insolent as ever. DPP prosecutors have different needs to Corporate Counsel and so on. Legal aid is starved of funds and the Legal Aid Commissions have been subject to ideological capture. Things were actually better an cheaper 30 years ago. Can we have a good look at ourselves ?

Mamdouh Habib Wins- Verdict Against Nationwide News

Mamdoub Habib's journey to Pakistan has been of interest. As a result he spent time in custody in Pakistan, Egypt, Afghaninstan and the Guatanamo Bay prison camp. Ultimately he was released, arrived back in Australia and eventually sued Nationwide News aided by the skilful Clive Evatt. He sued in defamation saying Nationwide News had wrongly said his claims were false. Nationwide News sought to justify and relied on 4 matters. Habib's counsel objected to the putting into evidence statements said to be made by him on the ground that they were the product of illegal pressure. McLellan CJ at CL found there were circumstances of pressure but they were not proved to be connected to the statements , admitted them into evidence and found for Nationwide News. On 16 March 2010 the NSW Court of Appeal not unexpectedly found that where there were circumstances of pressure the statements were not admissable and gave Mamdouh Habib a verdict on 2 of his claims. The matter was remitted to the trial court for the assessment of damages. There is a cap on damages in NSW so they will not be astronomical but the amount and the circumstances will be a great interest. At issue will be the reputation of Habib and how much injury was done to it. The Court of Appeal result seem not to have been widely reported. Is it defamatory to say that one one wonders why ?

UK To Adopt Australian Voting System

The Queen announced in the Speech from the Throne , which represents the policies of the the new Tory Lib-Dem Government, that MP's would be elected on an AV (preferential) system. Constituencies would be of equal size and the number of MP's would be reduced. The Upper House would consist entirely of "peers" (senators) elected on a proportional system. Just like in good old Oz. Will it shake the class system though? As Eliza Dolittle said,"Not bloody likely.")

US Prosecutions Off - Financial Meltdown

There has been one prosecution which ran for 2 weeks resulting in an acquittal. In the way of the US a juror was interviewed and was supposed to have said that she would like the defendant to handle her investment account. The AIG prosecutions are not going ahead for mysterious reasons and it looks as if no others will. The only explanation which makes any sense (except in terms of legal proprieties) is that the banks and merchant banks offered muted opposition to the reforms which have now been passed by Congress on the basis that the witch hunt was to end. What then is the meaning of having a majority in both Houses? The shine is definitely going off President Obama's administration.