InBrief

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Fishing for a good time starts with throwing in your line!

Fri Jun 29 2012

The Health, Sport and Recreation Committee is calling for expressions of interest in relation to the proposed establishment of a NSW Bar Association Fishing Club. The purpose of the Fishing Club will be to arrange fishing charters and trips and to generally share ideas piscatorial.� Please cast your ideas and enthusiasm to Andrew Scotting at scotting@stjames.net.au for more information.

�29 June 2012

Women Lawyers Association function - Celebrating Women in the Judiciary

Fri Jun 29 2012

The Women Lawyers’ Association of New South Wales invite you to join them and distinguished guests for their biennial signature event “Celebrating Women in the Judiciary” to be held at the University, Union and Schools Club, 25 Bent Street Sydney on the 18th July from 6pm to 8pm. This event acknowledges the achievements of women in law and judicial appointments of women in New South Wales to various state and federal courts over the past two years. Register for the event.

29 June 2012

Reminder: silk applications close tomorrow

Thu Jun 28 2012

President Bernard Coles QC invites applications for appointment as senior counsel for 2012. The deadline for applications is 5.00pm tomorrow, 27 July 2012. The principles governing selection and appointment of senior counsel are set out in the Senior Counsel Protocol and the Guide to Practical Aspects of Appointment of Silk in New South Wales. Applications must include a completed Senior Counsel Application Cover Sheet. The names of successful applicants will be announced on or before the first Friday�in October 2012.

26�July 2012

NSWLRC calls for submissions on sentencing procedure

Thu Jun 28 2012

The NSW Law Reform Commission (LRC) has released for public comment the second group of question papers relating to the review of the Crimes (Sentencing Procedure) Act 1999 (NSW). Further information on the sentencing review may be found here.�

These question papers build on the first four papers released in March 2012, which dealt with some of the most fundamental aspects of sentencing law including its purposes and principles. The papers will examine full-time imprisonment and the various other custodial and non-custodial sentencing options and will also ask whether there are other sentencing options which could be introduced in addition to the existing options.

Question Paper 5: Full-time imprisonment – examines structures of full-time imprisonment, including short terms of imprisonment, reviewing the balance between non-parole and parole periods, and aggregate sentences.�

Question Paper 6: Intermediate custodial sentencing options – analyses the intermediate custodial alternatives to full-time imprisonment (compulsory drug treatment detention; home detention; intensive correction orders; suspended sentences; and rising of the court) and asks how they can be improved. It also asks whether there are other intermediate custodial sentencing options (such as periodic detention) which could be introduced in addition to these existing options.

Question Paper 7: Non-custodial sentencing options – analyses the non-custodial alternatives (community service orders; s 9 bonds; fines; and non-conviction orders) and asks how they can be improved. It also asks whether there are other non-custodial sentencing options (such as work development orders and fines held in trust) which could be introduced in addition to these existing options.

Readers should be aware that the question of combining various sentencing options (whether custodial or non-custodial) and the framework for managing such combinations will be the subject of a future question paper. Questions concerning the operation of orders that are currently ancillary to sentencing, including reparation and compensation orders, forfeiture orders, licence disqualification and non-association and place restriction orders, will also be dealt with by a future question paper.

The NSWLRC�seeks your responses to these three question papers. For ease of reference, we have extracted the questions from each question paper into a separate document -�

Send submissions to:

Post: GPO Box 5199, Sydney NSW 2001 DX: DX 1227 Sydney Email: nsw_lrc@agd.nsw.gov.au

Electronic submissions are preferred.

The closing date for submissions on Question Papers 5 to 7 is Friday, 17 August 2012.

For further information on the use of submissions and confidentiality, please go to: http://www.lawlink.nsw.gov.au/lawlink/lrc/ll\_lrc.nsf/pages/LRC\_cref130qp5\_7

The LRC intends to release further question papers in July 2012 which will address greater flexibility in combining sentencing options, schemes for diversion and deferral of sentencing, ancillary orders, special categories of offenders and jurisdictional and procedural issues. If you have questions about the process please email or call (02) 8061 9270.

28 June 2012

Expressions of interest in new chambers

Thu Jun 28 2012

Final expressions of interest are sought for new chambers (yet to be named) in the Colonial Centre, 52 Martin Place (above Channel Seven) by cob Friday, 6 July 2012. Heads of Agreement are about to be signed, with a lease to follow within a few weeks. The proposed floor includes a number of senior barristers and the intention is to achieve a collegiate floor consisting of barristers of all levels of experience.

A premium quality fit-out of all barristers' rooms (shelving, conference tables in larger rooms, slab-to-slab soundproofing etc) and common areas (including boardroom, full sized kitchen and shower) will be fully funded from the negotiated tenant's incentive (based on a draft plan and consultants' estimates). A number of car parks are available in the building by separate arrangement between the lessor and member.

The lessor has substantially upgraded the floor (including air-conditioning and lighting) and will complete extensive renovations to the lobby, lifts and other common areas in September. Allowing for design, approvals and construction, opening (and commencement of payment of rent) is expected around December 2012 - January 2013.

Following reviews of expressions of interest by the senior members, membership will be determined shortly after Friday, 6 July 2012. Licences, shareholders' agreement etc will be executed by members within the following few weeks prior to execution of the lease.� These Chambers will be a no key-money floor.

Please forward applications to Greg Curtin SC at curtin@sirjamesmartin.com.� Applications will be treated in the strictest confidence.

28 June 2012

Cases selected for reporting in NSWLR by the editor, Bret Walker SC

Thu Jun 28 2012

The following case/s will be published in a forthcoming volume of NSWLR: Blackwell v The Queen [2011] NSWCCA 93 Allianz Australia Insurance Ltd v McGrath [2011] NSWCA 153 Hunt v The Queen [2011] NSWCCA 152

Vero Insurance Ltd v Owners - Strata Plan No 69352 [2011] NSWCA 138 Fordham Laboratories Pty Ltd v Sor [2011] NSWSC 706 Channel Seven Sydney Pty Ltd v Fierravanti-Wells [2011] NSWCA 246 Passaris v The Queen [2011] NSWCCA 216

For further information, please contact the Council of Law Reporting office: office@nswlr.com.au, phone 9266 0768.

28 June 2012

Workers Compensation Costs

Wed Jun 27 2012

As many members would be aware, the Workers Compensation Legislation Amendment Bill 2012 which passed the New South Wales Parliament last week included an amendment moved by the Christian Democrats and supported by the NSW Government which in effect provided that parties must bear their own costs in proceedings in the Workers Compensation Commission. This provision has serious implications for parties and their legal representatives.

The New South Wales Bar Association and the Law Society have made joint representations to the premier and the minister for finance urging the government to delay the commencement of this provision to enable consultation with the profession to occur. The Bar Association is awaiting the government’s formal response. Members will be advised of developments as soon as possible in In Brief.

27 June 2012

Tonight: Consolidating Wealth

Tue Jun 26 2012

Tonight, Tuesday 26 June, there will be a CPD seminar on [Pre 30 June Financial Planning][1]: [Consolidating Wealth][2]. This seminar is the third of three sessions structured around a pre 30 June checklist for managing your superannuation and personal wealth.

�

The seminar will be presented by Charles Stewart, Simon Kent-Jones and Peter Hewish and chaired by Roger Hamilton SC. For full details, please follow the links above.

26 June 2012

[1]: http://www.nswbar.asn.au/cpdattachs/Pre 30 June Financial Planning Seminar Series.pdf [2]: http://www.nswbar.asn.au.cpdattachs/Pre 30 June Financial Planning 3 of 3, 26 June 2012.pdf

Bar Book Club meets on 31 July

Tue Jun 26 2012

The next meeting of the Bar Book Club will be on Tuesday, 31 July 2012. The book is Moby-Duck: The True Story of 28,800 Bath Toys Lost at Sea and of the Beachcombers, Oceanographers, Environmentalists, and Fools, Including the Author, Who Went in Search of Them by Donovan Hohn. And for those wishing to read ahead,�A Legacy by Sybille Bedford is the selection for the following meeting.� Date to be advised.

26 June 2012

15 Bobber – The Hon Justice S Campbell

Tue Jun 26 2012

The 15 Bobber to celebrate the appointment of the Hon Justice Stephen Campbell to the Supreme Court of New South Wales will be held on Friday, 10 August 2012. Speaking for the Hon Justice S Campbell will be Paul Stockley. The 15 Bobber will commence at 5.30pm with the speeches beginning at 5.45pm. Pre-registration is $15 and MUST be received by the association by 3.00pm Thursday, 9 August. Reservations made after this time and at the door will be $25. Download a registration form and return it with payment to Katie Hall at the New South Wales Bar Association, DX 1204 SYDNEY, e-mail khall@nswbar.asn.au or fax 9221 1149. Please contact Katie Hall on ph (02) 9229 1720 if you have any questions regarding the 15 Bobber.

8�August 2012

Standard non-parole periods feature on ABC News

Mon Jun 25 2012

The chair of the Bar Association's Criminal Law Committee, Stephen Odgers SC, was interviewed on ABC-TV yesterday, as part of a story on standard non-parole periods and�the Law Reform Commission's inquiry into sentencing. A copy of the transcript will be held in the Bar Library.

25 June 2012�

Increased fees in criminal proceedings

Mon Jun 25 2012

The Criminal Procedure Amendment (Fees) Regulation 2012 will commence on 1 July 2012. The object of this Regulation is to increase certain fees payable in relation to criminal proceedings. Learn more >

25 June 2012

Vale Timothy James Clarke (1946-2012)

Mon Jun 25 2012

Timothy Clarke, of Blackstone Chambers, died yesterday afternoon. Members will be advised of funeral arrangements as soon as they are known.

25 June 2012

Workers Compensation Costs Amendment - Professional Obligations

Fri Jun 22 2012

As advised earlier today in In-Brief, the Government's workers compensation legislation has passed both Houses of Parliament.

Members currently holding briefs relating to outstanding workers compensation rights should ensure that they promptly discharge any obligations that the brief demands.

A number of the provisions in the Bill have retrospective effect. Others will take effect on proclamation, which could occur later in the week commencing 25 June.

Members should accordingly examine the transitional provisions of the Workers Compensation Legislation Amendment Bill 2012

22 June 2012

Workers Compensation legislation passes both Houses of Parliament

Fri Jun 22 2012

The Government's Workers Compensation Legislation Amendment Bill 2012 and _Safety, Return to Work and Support Board Bill 2012 _passed both Houses of New South Wales Parliament last night, with amendments. The New South Wales Bar Association made representations to Government, the Opposition, the Greens and Cross-Bench concerning the legislation, and a number of amendments were proposed which were based on the Association's submissions.

View the Legislative Council debate and Committee stages and the Legislative Assembly's consideration of the amendments in detail

22 June 2012

Reminder - comments on the Draft Bar Association Strategic Plan close today

Fri Jun 22 2012

The comments of members of the Bar Association are sought on the draft Strategic Plan. Members should feel free to contact Committee members direct or comments should be sent to June Anderson, administration manager, at janderson@nswbar.asn.au by close of business today, Wednesday 18 July 2012.

Earlier this year, Bar Council established a sub-committee to prepare a strategic plan for the New South Wales Bar Association. The committee comprises Justin Gleeson SC (chair), Brian Rayment QC, Ian Temby QC, Kate Traill and Mary Walker. It is intended that the Strategic Plan chart some of the key objectives of the Bar Association, and the strategies to achieve them, over the next 2-3 years.

18 July 2012

2012 Justice Awards: nominations close on 29 June

Thu Jun 21 2012

Nominations for the 2012 Justice Awards close on 29 June 2012. The Bar Association sponsors the Law and Justice Volunteer award, which is presented to an individual or group who, in a voluntary capacity, have demonstrated outstanding commitment to improving access to justice in NSW, particularly socially and economically disadvantaged people. Visit the foundation's web site to make a nomination. This year's Law and Justice Address will be delivered by Father Frank Brennan as part of the Justice Awards presentation on Wednesday, 31 October 2012, from 6pm to 10.30pm at Parliament House, Sydney.

21 June 2012

Bar FC draws with Ausgrid

Wed Jun 20 2012

NSW Bar FC has fought a�nil all draw against Ausgrid, currently placed second on the leader-board,�thus keeping�their hopes of a semi-finals berth alive.

In (Captain) John Harris’s absence, the team was led by Simon Philips, who was back after an injury spell. In a style reminiscent of the best traditions of the NSW Bar, the team was tenacious and unyielding, both in offence and especially in defence against a more youthful, skilful and fitter opposition. Chances were few and far between and Bar FC dominated the centre of the park for most of the game.

The team welcomed back today Colin Magee after a long injury induced absence who had a cracker of a game in central midfield ably assisted by Angus Lang.� Special mention must be made of Matt Vickers who had a fine game in goals. Shaun McCarthy, Rohan de Meyrick, Houda Younan and Gillian Mahony were steadfast in defence, especially in the second half when they repelled wave after wave of Ausgrid attacks and were all prepared to put their bodies on the line when it counted.

Makeshift striker Darren Covell worked tirelessly all game and Cameron Jackson, who is also on the comeback trail, ran hard as well.��Bar FC's next�game is�against Corrs on Monday, 25 June 2012 at 1:15 PM.

20 June 2012

Coming up: 2012 ADR Workshop

Wed Jun 20 2012

The 2012 ADR Workshop will be held on Saturday, 4 August 2012 between 9.00am – 5.00pm at the Heritage Ballroom, Westin Hotel, No.1 Martin Place. Full attendance at the conference will accrue 7 CPD points and 5 points towards mediator accreditation (Advocacy, Ethics and Substantive Law strands). This important ADR Workshop will cover all the latest developments in ADR to keep you up to date. Please note: places are strictly limited so book early to reserve your registration. A full programme including session times will be available closer to the workshop date.

12 July 2012

AAT application fees

Wed Jun 20 2012

The Administrative Appeals Tribunal has increased standard application fees payable under regulation 19(1) and 19AA of the _Administrative Appeals Tribunal Regulations 1976,�_effective 1 July 2012.�Learn more>

20 June 2012