FOR DAILY NEWS reports on all Australian environmental issues and their impact, Carbon + Environment Daily is a new dedicated online site providing streamed and continually updated national coverage. The CE Climate Change Resource is available HERE.
Last week all terrorism-related charges against Jack Thomas have been dropped. The 35-year-old had been accused of receiving money from a terrorist organisation. And despite an ongoing vigorous defence of their case against Dr Mohamed Haneef, the AFP has been unable to bring charges against him.
A senate committee has recently recommended establishing an ongoing independent reviewer panel for our national security laws.
: Source - ABC Radio
AN Australian mining company has failed in its legal challenge to a decision that blocked its exploration plans along the historic Kokoda Track.
Perth-based Frontier Resources took Papua New Guinea's Mining Department to court after Mining Minister Puka Temu refused to renew its exploration licence.
Planned work at the Mt Kodu site would have threatened part of the Kokoda Track, where 600 Australian soldiers died fighting the Japanese during World War II.
Acting Chief Justice Salamo Injia today rejected Frontier's case as "misconceived and not arguable''.
A disappointed Frontier CEO Peter McNeil said they were now examining the result.
"If there are grounds for appeal we will,'' he said.
Frontier spent more than $3.5m and complied with all of PNG's laws and the Australian Government pressured PNG to block their licence, he said.
: Source - The Australian
While Google, Microsoft and Yahoo are moving towards safeguarding online freedom of speech and privacy, the Australian government is preparing to block “undesirable” online content from reaching Australian users.
: Source - Source: WOTNEWS
RECENT changes to insolvency law in favour of employees might thwart attempts to revive ailing companies, according to a Federal Court judge.
: Source: Sydney Morning Herald Business
ASIC has released a report outlining recent decisions on applications for relief from the corporate finance, financial services and managed investment provisions of the Corporations Act (the Act) between 1 April and 31 July 2008. The relief applications included employee...
: Source - Australian Regulartory Compliance Review
Lawyers for the Australian Federal Police (AFP) have failed to get a closed hearing about the release of AFP documents in the case of Mohammed Haneef.
Doctor Haneef's lawyers are seeking access to more Federal Police documents in the Administrative Appeals Tribunal.
This morning an AFP officer was re-called to give evidence about what Dr Haneef's lawyers said were contradictions between his affidavit and information in the police public submission to an inquiry into the case.
The Clarke Inquiry is investigating why Dr Haneef was charged over a terrorism plot in the UK last year and why the case later collapsed.
: Source - ABC News
It is a case that has baffled many in Australia's legal profession. How could high profile human rights lawyer Marcus Einfeld let his reputation be trashed over a $77 speeding fine? Mr Einfeld surprised a Sydney court last week when he pleaded guilty to lying under oath and perverting the course of justice. The serious charges relate to a relatively minor traffic offence nearly two years ago. His car was clocked 10 kilometres an hour over the speed limit. But Marcus Einfeld said he wasn't the driver and as Paula Kruger reports, the former judge is facing a possible jail sentence.
: Source - ABC
THIS WEEK FROM THE ABC RADIO NATIONAL - LAW REPORT
Click Here for the Law Report RSS feed...
ALSO check for the latest updates for the latest ABC Radio Law Report - click HERE...
The Federal Opposition's spokesman on emissions trading, Andrew Robb, has accused the Government of hiding the truth of the real cost of a carbon trading scheme to business and households.
The Federal Government's modelling, released today, shows the impact of an emissions trading scheme on economic growth to be 0.1 per cent.
But it also found gas and electricity costs for households could rise by extra $7 a week.
Australia’s ranking in the league table of the the world’s worst environmental exploiters has risen to fifth, according to the WWF’s Living Planet Report. Each Australian uses more land and water per person than the UK, China, Russia and India and it now takes 7.81 hectares to maintain the lifestyle of each Australian.
: Source - eco media
Michael Madison describes an interesting new form of legal publishing:Profs. Lydia Loren and Joe Miller (Lewis & Clark) have launched Semaphore Press, which intends to release downloadable law school casebooks on a “Radiohead” model: students should pay what they feel is appropriate, and please don’t share the file with others....
:Source: Freedom to Differ
Eugene Volokh at The Volokh Conspiracy, one of the leading legal blogs in the United States, has blogged about the Australian Government's proposal to filter the internet. He also coined the phrase the "Great E-Barrier Reef" to label the policy.
:Source: Freedom to Differ
A British think-tank says employers should not stop their staff using social networking sites like Facebook, because they could actually benefit their firms.
The report by Demos said encouraging employees to use networking technologies to build relationships and closer links with colleagues and customers could help businesses rather than damage them.
Author Peter Bradwell said that while companies were using specific systems to share information, online social networking sites could also play a role, helping with productivity, innovation and democratic working.
:Source: ABC News

Please give us feedback about your experiences using Foolkit and ideas for improvements.
Wednesday 5 November - Adelaide.
Contract Law Update
5.30pm - 7.00pm
Law Society Seminar Room
Level 2 / 132 Franklin Street, Adelaide
Presenter: Sam Doyle, Jeffcott Chambers
Chair: Andrew Harris QC, Jeffcott Chambers
To register contact: Law Society (Education Section)
Telephone: 08 8110 5200 or email cpd@lawsocietysa.asn.au
Friday 7 & Saturday 8 November - Adelaide.
Collaborative Law WORKSHOP
8.30am - 5.00pm
Law Society Seminar Room
Level 2 / 132 Franklin Street, Adelaide
Presenters: Catherine Gale, Chair, Law Council of Australia's National Collaborative Practice Committee and Tania Sourdin, Professor of Conflict Resolution and Director of Conflict Resolution and Practice, The University of Queensland
To register contact: Law Society (Education Section)
Telephone: 08 8110 5200 or email cpd@lawsocietysa.asn.au>
Wednesday 12 November - Adelaide
Running Civil and Commercial Matters in the Federal Magistrates Court
5.30pm - 7.00pm
Law Society Seminar Room
Level 2 / 132 Franklin Street, Adelaide
Presenter: Kerry Clark, Murray Chambers
Chair: Federal Magistrate Simpson, Federal Magistrates Court
To register contact: Law Society (Education Section)
Telephone: 08 8110 5200 or email cpd@lawsocietysa.asn.au
Friday 14 November - Adelaide.
Cornerstone Law Series> How to Run a Criminal Law File
9.00am - 1.00pm
Law Society Seminar Room
Level 2 / 132 Franklin Street, Adelaide
Presenters: Ian White, Christopher Legoe Chambers, Michael Woods, Michael Woods & Co, Mark Twiggs, North East Lawyers, Laura Finnigan, Michael Woods & Co
Chair: Magistrate Smart, Magistrates Court
To register contact: Law Society (Education Section)
Telephone: 08 8110 5200 or email cpd@lawsocietysa.asn.au
Thurssday 13 November - Adelaide.
A Wearing Time: The Crown-Solicitor and an officious Judge.
An Intriguing Story by John Emerson
Time: 5.15pm
Where: Council Room, 124 Waymouth Street.
Followed by a FREE wine tasting of PREMIUM WINES.
Bookings through Ciro Pipolo by Friday 7 November
Telephone: (08) 8229 0245 or email - ciro.pipolo@lawsocietysa.asn.au
Australia may still be the only developed country in the world without an adult game rating after South Australian Attorney-General rejected plans to publish results of the SCAG public consultation, announced in March of this year; effectively putting a block on the discussion process of the battle to have an adult game rating.
: Source - TECHGEEK.com.au
Chief Justice French will sit in the High Court in Adelaide for the first time in the November sittings of the Court scheduled for Tuesday 4 to Thursday 13 November 2008.
A Ceremonial Sitting to welcome the new Chief Justice will therefore be held on Tuesday 4 November at 9.30am in Courtroom 1, Level 5 Commonwealth Law Courts Building, 3 Angas Street.
The Senior Registrar of the High Court has indicated that all members of the profession are very welcome to attend the sitting, which will be very brief, and that court dress will be as for a Full Court sitting.
SA practitioner's attention is drawn to Amendment No 102 of the Supreme Court Rules 1987 which came into operation on 1 October 2008.
The amendment includes provisions for increases in costs (amendment to Rule 264) and increases in photocopying charges (amendment to Schedule 1).
Notice: by SASC
Plans to build new prisons in South Australia have been put on hold, to save millions of dollars in borrowings.
Treasurer Kevin Foley says it is in response to global financial instability, which has already reduced the state's balance sheet by $280 million.
Mr Foley has told State Parliament a new prison at Murray Bridge will be delayed for two years and a new secure mental health facility at Mobilong and a youth training centre at Cavan are also being deferred.
"The overall budget impact of delaying this project will improve the Government's net lending outcomes over the period of (financial years) 09-10, 11-12 by $359 million and will ease the financial liabilities to revenue ratio for this period," he said.
read more HERE...
: Source - ABC ADELAIDE NEWS
Commonwealth Courts Portal provides a secure web-based access to information about cases that are before the Family Court, Federal Magistrates Court and Federal Court.
Legal Practitioners and support staff are invited to attend one of the following sessions:
Wednesday and Thursday 20th November 2008.
Sessions at 1.00pm;1.30pm & 4.00pm.
Where: Commonwealth Law Courts - 3 Angas Street, Adelaide - Ground Floor, Information Session Room.
Please RSVP your interest by close of business Monday 17th November 2008 to: Sue Murphy - Telephone: (08) 8219 1708, or Email: Suzanne.murphy@familycourt.gov.au
Mr John Goldberg, a partner at Adelaide law firm, Cowell Clarke, assumed the position of President of the Law Society of South Australia at the Society's Annual General Meeting on 20 October 2008.
He has been a partner at Cowell Clarke since 2000, when his own practice, Goldberg & Co, which he managed for some 27 years, merged with the firm of Cowell Clarke.
THE LAW Society of South Australia is pleased to invite all members of the legal profession and their families to attend this special Remembrance Day event in honor of the 90th anniversary of the Armistice ending World War 1. Our presenters will cover the major events of World War 1 with an emphasis on the 79 Legal Practitioners and Law Students from South Australia who served and in particular, the 11 who did not return.
A light supper will follow.
For further details please see attached the invitation or contact Vanessa Jones on (08) 8229 0218 or email vanessa.jones@lawsocietysa.asn.au
2008 Investigator Lecture
'Law and Change' Presented by
The Hon Murray Gleeson AC
Former Chief Justice of the
High Court of Australia
7.00pm Wednesday 19 November,
Adelaide Town Hall, King William Street, Adelaide.
Aside from the topical Foolkit 'Sweep Generator' released specially for the Melbourne Cup - when you get back to work on Tuesday perhaps check out our updated 'General Tools'page.
The General Tools page is Foolkit's collection of tools that have links, downloadable legal forms, news and legal search engines - together with some great updated legal humour sites.
Try out this latest Foolkit free resource by visiting: 'General Tools' HERE...
You can also try the FK 'Sweep Generator' HERE...

Yes we all know who won the US Presidential election.
We couldn’t resist these US election collectibles from www.cubeecraft.com
Get your own Obama cut-out now. Cubeecraft’s Christopher Beaumont clearly has too much knowledge of popular and cartoon culture that has resulted in the best selection of online paper models you’ll ever see.
DOWNLOAD, print, cut and fold your own President Obama (or Senator McCain) collectible by clicking HERE…
FOOLKIT SURVEY FOR SA LEGAL ASSISTANTS
THE EDITORS of Foolkit still want to hear from you about our new Legal Assistant's forum.
It could well be called "Clair Voyant" - This is indeed one of the many fine qualities required of a great Legal Assistant. (It is also much shorter title than "Patience of a Saint". But if you've got a better name ...tell us. The best name will see a 2002 Beltunga Grenache heading to your in-tray. We will pick that name shortly. The Forum will be similar in structure to the Wordpress forum. There will be interesting topics for discussion & advice between Legal Assistants all around Australia. And some just for South Australian's. Click on our Contribute to FoolChat chat now to let us know what you'd like to see in Clair Voyant.
Or take our very quick online survey now HERE.
Stephen Warne - author of the Professional Liability Blog has posted an entry on the Bell Group litigation. He writes..
"The Bell Group litigation was a big one. Richard Ackland reports on Justice Owen's attempts to make more enjoyable the process of writing judgment in a matter the trial of which went for 400 days over 3 years. You will be relieved to know that I have not readThe Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC 239. But I did have a look at it. The penultimate paragraph (no. 9761) reads..."
:Source: The Australian Professional Liability Blog
Jim Duggan writes "For anyone curious about what the legal department in a free software organisation does, I spent some time with my co-worker in FSFE and have put a summary online with the status of the main projects: developing a legal network, producing documentation, GPL enforcement, copyright consolidation, and training courses."
A Slashdot legal post.
:Source: Slashdot
The French Senate has passed a bill that would see internet pirates and filesharers being disconnected from the internet, even though the European Parliament was opposed to the move. This new move puts it in line with New Zealand, who recently passed a similar law disconnecting internet pirates from the internet.
:Source: TECHGEEK.com.au
MOVEMBER: CHANGING THE FACE OF MEN'S HEALTH
MOVEMBER IS coming again - so guys go retro for a great cause and for November just grow that mo. Each year the Movember Foundation - a national, not for profit, charity runs the Movember event. So this year why not get involved? The Movember event raises awareness around men's health issues and funds for carefully selected beneficiary partners that are also charitable organisations, with a focus on prostate cancer and depression in men.
Since its inception as a formal charity in 2004 Movember has raised over $30 million globally, significantly increased awareness of prostate cancer and depression in the community, and is continuously working to change the attitude men have about their health. Movember's current beneficiary partners in Australia are: beyond blue: the national depression initiative & the Prostate Cancer Foundation of Australia.
During November we will have the FoolChat 'Mos Hall of Fame' - so send us any pics to be published of the mos' adorning your various work colleagues, and some suitable prizes will be awarded at the end of November.Details and registration for MOVEMBER are online now.
Go to au.movember.com - and go retro for a cause in November.
GOVT COMPUTERS USED TO SEARCH ON "JOE THE PLUMBER"
After Joe Wurzelbacher of Ohio gained fame as "Joe the Plumber" in the course of the current presidential campaign, it seems that he's drawn more than idle curiosity from people with access to what should probably be confidential information.
An anonymous reader in Slashdot wrote with a story from The Columbus Dispatch that "government insiders accessed Joe the Plumber's records soon after the McCain-Obama debate.
Story quote: 'Public records requested by The Dispatch disclose that information on Wurzelbacher's driver's license or his sport-utility vehicle was pulled from the Ohio Bureau of Motor Vehicles database three times shortly after the debate. Information on Wurzelbacher was accessed by accounts assigned to the office of Ohio Attorney General Nancy H. Rogers, the Cuyahoga County Child Support Enforcement Agency and the Toledo Police Department.'
"Welcome to 1984" was the Slashdot post tag.
HB 192 PP 190 x 170 ILLUS 4-COL T/OUT ISBN 9781862547964 $45.00 Art / Biography Published by Wakefield Press.
In the late 1980s the young surfer and artist, Gerry Wedd, came to the attention of Mambo Graphics, the iconoclastic surf-wear company. With his sense of humour, his subject matter, his encyclopedic knowledge of surfing culture, and his ‘scratch board’ style of drawing, Wedd found a spiritual home in Mambo and helped build the developing Mambo ethic.
An inspiring book about an iconic and remarkable South Australian artist. Wedd is proudly outside the square and continues to push the boundaries of so many artistic media producing pieces that resonate with pop culture, social commentary and innovative fine design.
Courtesy of Wakefield Press, FoolChat is fortunate to have ONE hardback GIVEAWAY copy of this beautiful book for a reader to WIN. To have this book on your book-shelf simply be the first to send your contact details to us using the form at the bottom of this page.
Visit Wakefield Press HERE for more details on "Gerry Wedd: Thong Cycle" - by Mark Thomson...
www.reasonsyouwillhateme.com - Australian satirical take on the political news of the day.
www.citizenlab.org - Examining the world of internet censorship.
www.bnetau.com.au - Australian daily site for business management news, articles and advice.
www.newmatilda.com - Australian website of alternative news and views.