Common Law Practice Update 14

Thu Dec 06 2012

The Bar Association's Common Law Committee has released Practice Update 14, with an extensive case note on vicarious liability and intentional torts. Learn more

6 December 2012

Last Chance: NSW Bar Association Sydney Conference 2013 this Saturday

Thu Dec 06 2012

There are still spaces available for the final NSW Bar Association 2013 CPD Conference, to be held in Sydney, this Saturday 23 March. Speakers include: The Hon Justice A Meagher, Tony Payne SC, Ian Temby AO QC, Scot Wheelhouse SC & Chrissa Loukas SC. Click here for the full program. Registration is still open. The conference will cover the 4 mandatory CPD strands (Practice Management, Ethics, Advocacy and Substantive Law) and will comprise a total of 6 CPD points. For any questions about CPD requirements, conferences or the general CPD program, please contact Anna Hurtig Adair, Professional Development Manager (9229 1722 or

21 March 2013

Tonight: The Reshaping of Control Orders in the United Kingdom: Time for a fairer go, Australia!

Thu Dec 06 2012

Tonight at 5.15PM, the NSW Bar Association together with the Gilbert + Tobin Centre of Public Law at the University of New South Wales will be hosting a stakeholder event on counter-terrorism policy. The event has been organised as part of Professor Clive Walker’s visit to the Gilbert + Tobin Centre and will be open to “stakeholders” in counter-terrorism: namely, members of the profession, the NSW Council for Civil Liberties, other NGO’s and other interested parties (the DPP’s office, police etc) who have an interest in counter-terrorism policy in the UK and Australia.

The event will include a lecture by Prof Clive Walker (Univ of Leeds), senior legal adviser to the UK Reviewer of Anti-terrorism Legislation. It will be followed by a discussion. Discussants will include Bret Walker SC, Independent National Security Legislation Monitor and the event will be chaired by Phillip Boulten SC, President of the NSW Bar Association. Learn more.

12 December 2012

New list of claim types in Supreme Court case management system

Wed Dec 05 2012

Beginning on Monday, 10 December 2012, the list of claim types in the Supreme Court's case management system will change. The new claim types affect the drafting of documents that initiate a case in the Supreme Court, as only the new claim types can be recorded in the system. Learn more>

5 December 2012

Changes in probate procedures and forms to take effect in January 2013

Wed Dec 05 2012

On 3 December 2012, the Supreme Court Rules Committee approved amendments to the Supreme Court Rules that replace the existing Probate Rules in Part 78. Included in the new Probate Rules is provision that notices of intention to apply for probate, administration or for reseal are to be advertised online on the NSW Online Registry Website. The existing probate forms in Schedule F of the Supreme Court Rules will be repealed. Also on 3 December 2012, the Uniform Rules Committee approved new probate forms under section 17 of the Civil Procedure Act 2005. The Uniform Rules Committee also approved some minor amendments to the Uniform Civil Rules consequential upon the new Probate Rules. These changes will take effect from Monday, 21 January 2013. Learn more>

11 January 2013

Bar News Summer 2012-13

Wed Dec 05 2012

The Summer 2012-13 edition of Bar News is with Australia Post. It includes a feature article on suppression and non-party access and an opinion piece on judicial pensions, as well as the regular columns on bar sports, book reviews and recent developments. If you have not received your copy by Monday, 10 December at the latest, please contact the publications manager, Chris Winslow.

5 December 2012

Sydney Morning Herald Cole Classic Ocean Swim

Wed Dec 05 2012

The Health, Sport and Recreation Committee encourages members to participate in the Sydney Morning Herald Cole Classic Ocean Swim on Sunday, 3 February 2013. Gather at Manly in the new year with thousands of other swimmers and take part in this iconic event! If you are interested in joining a NSW Bar Association Team, please contact Nicholas Newton on (02) 9231 5861 or via email. For more information visit the Cole Classic web site.

5 December 2012

Bench and Bar v Solicitors Golf Day - 24 January

Tue Dec 04 2012

The annual Bar and Bench v Solicitors Golf Day returns to the totally revamped Manly course on Thursday, 24 January 2013. Shotgun start at 12 noon. Dinner around 6.30 pm. The cost for the day is $165.00 per person including dinner. (No discount for Golf only. Manly members pay $80.00). Download an acceptance form and return it (together with payment) as soon as possible. Further details contact Dennis Flaherty on 9233 3517 (mobile 041 601 5623) or John Newnham solicitor on 9264 7788.

11 January 2013

Indigenous Pre-Law Visit 2012

Tue Dec 04 2012

Each year the bar hosts a visit from the students attending the Indigenous Pre-Law Course at UNSW. The visit provides an opportunity for the students to see first-hand the way the bar works and what barristers do. The visit will be on 11 December 2012, beginning with a group discussion from 9:00am, followed by visits to chambers at 10.15am. Please come along and provide students with the inspiration to one day consider the bar as a serious career choice! Barristers will also have the opportunity of having the pleasure of taking a student back to chambers for a few hours. If you would like to participate, please contact Joss Separovic, Policy Lawyer on or 9229 1760.

7�December 2012

Reduction in interest on unpaid legal costs

Tue Dec 04 2012

At its meeting on 4 December 2012, the Reserve Bank Board decided to lower the cash rate by 0.25% to 3.00%, effective 5 December 2012. Accordingly the rate of interest on unpaid legal costs, prescribed by clause 110A(3) of the Legal Profession Regulation 2005, as of 5 December 2012, is 5.00%.

Section 321 of the Legal Profession Act 2004 ‘Interest on unpaid legal costs’ provides:

(1) A law practice may charge interest on unpaid legal costs if the costs are unpaid 30 days or more after the practice has given a bill for the costs in accordance with this Part.

(2) A law practice may also charge interest on unpaid legal costs in accordance with a costs agreement.

(3) A law practice must not charge interest under subsection (1) or (2) on unpaid legal costs unless the bill for those costs contains a statement that interest is payable and of the rate of interest.

(4) A law practice may not charge interest under this section or under a costs agreement at a rate that exceeds the rate prescribed by the regulations.

(5) ...

Clause 110A of the Legal Profession Regulation 2005 prescribes the relevant rate of interest. It provides:

110A Interest on unpaid legal costs—section 321 (4) (b) of the Act

(1) This clause is made for the purposes of section 321 (4) of the Act and prescribes the rate of interest in excess of which a law practice may not charge interest under section 321 of the Act or under a costs agreement.

(2) The rate for the period commencing with 1 October 2005 and ending immediately before the date of commencement of subclause (3) is 9.0%.

(3) The rate for the period commencing with the date of commencement of this subclause is the rate that is equal to the Cash Rate Target as at the relevant date, increased by 2 percentage points.

(4) In this clause:

Cash Rate Target means the percentage (or maximum percentage) specified by the Reserve Bank of Australia as the Cash Rate Target.

Relevant date means the date the bill was issued by the law practice concerned.

The Cash Rate Target decreases to 3.00% from 5 December 2012 (visit the Reserve Bank web site)

Accordingly the rate of interest prescribed by clause 110A(3) as of 5 December 2012 is 5.00%.

4 December 2012

CPD before the end of term

Tue Dec 04 2012

Before the end of court term there are still a number of notable CPD Seminars on offer:

Wednesday, 5 December: Introduction to Family Law. Presented by Martha Barnett and Chaired by Sophie Callan. Seminar organised by the New Barristers Commitee. Learn more.

Thursday, 6 December : Appelate Advocacy (Under 8's Call). Seminar to be presented by the Hon Justice Allsop, President of the Court of Appeal and The Hon Justice Beazley, Judge of Appeal. For full details, please download a flyer and registration form. REGISTRATION IS REQUIRED.

Monday, 10 December: Colonization, Culture, Continuity: The Role of Law. presented by Professor Philip Girard and hosted by The Hon Justice Bergin, Chief Judge in Equity. PLEASE NOTE - STARTS AT 5.45PM. Learn more.

Tuesday, 11 December: Sentencing. Presented by April Francis and Chaired by Jane Paingakulam. Seminar organised by the New Barristers Commitee.

Wednesday, 12 December: The reshaping of control orders in the United Kingdom: Time for a fairer go, Australia! Featuring: Professor Clive Walker (Univ of Leeds), Bret Walker SC and Philip Boulten SC. Learn more.

For any questions regarding CPD, please contact Anna Hurtig, Professional Development Manager (9229 1722 or

5 December 2012

The Great Bar Boat Race - entries will close shortly

Mon Dec 03 2012

Entries will close this week for the legendary Great Bar Boat Race, which takes place on Monday, 17 December 2012. The starting line is in the vicinity of Shark Island, finishing at Store Beach. Presentation of trophies and a post-race picnic will take place on Store Beach. All members who own or borrow yachts, please download a flyer and registration form and enter the race! If racers would like to purchase a pennant for their boat, the Association has some available at reception for $30.

For more information, call Joss Separovic on 9229-1760.


The Bar Association’s current insurance policy does not cover this activity. It is a strict condition of entry that all skippers have arranged appropriate third party, property and personal injury insurance, to cover themselves, their crew and their guests for the duration of the event.


All participants are required to sign the indemnity incorporated into the registration form to compete in the race.

10 December 2012

Positions vacant: public defenders (Sydney and Lismore)

Mon Dec 03 2012

Attorney General Greg Smith SC is seeking applications from qualified persons for appointment as a public defender under the Public Defenders Act 1995 for a fixed term of up to seven years that may be renewed, and subject to an initial twelve-month probationary period. Interested persons must be Australian lawyers with extensive advocacy experience in a wide range of criminal trials and ideally CCA appeals. Further information as to the appointment and reappointment criteria, interview process and the work of the Public Defenders’ Office generally may be found on their website. Inquiries: Mr Mark Ierace SC, senior public defender, (02) 9268 3111. Please visit to apply.

3 December 2012

Law Council office bearers for 2013

Mon Dec 03 2012

At a meeting of the Law Council on Saturday, 1 December, the following were elected office bearers for 2013.

President: Joe Catanzariti (NSW Law Society) President elect: Michael Colbran QC (Victorian Bar) Treasurer: Duncan McConnel (NT Bar) Executive members: Fiona McLeod (Victorian Bar), Justin Dowd (NSW Law Society), Leanne Topfer (Law Society of Tasmania)

3 December 2012

High Court swearing-in

Mon Dec 03 2012

The swearing-in ceremony of the Hon Patrick Keane as a justice of the High Court of Australia will take place at 2.15pm on Tuesday, 5 March 2013.

3 December 2012

Rooms for licence on 5th Floor Selborne Chambers (ADVERTISEMENT)

Mon Dec 03 2012

5th Floor Selborne Chambers has five rooms available for licence in its annex on 2nd Floor of Lockhart Chambers. The licences will commence on 1st February 2013 for an initial term of 12 months. Rooms vary in size from 10.6 square metres to 21.2 square metres.

Licence fees for the rooms vary from $910.00 to $1,815.00 per month (exclusive of GST). The floor fee is $800.00 per month (exclusive of GST) in respect of each room.

Applications to license should be sent, together with a current CV, to the floor clerk, Terry Funnell, by email to or DX 341 SYDNEY. Applications received by 13 December 2012 will be accorded priority.

Full details of the chambers and its members can be found on its website.

All enquiries and applications will be handled in the strictest confidence.

11 December 2012

Legal profession responds to bail reforms

Thu Nov 29 2012

Yesterday's In Brief included an item concerning the Government's response to the NSW Law Reform Commission's recommendations concerning bail reform. A number of legal profession and other groups, included the New South Wales Bar Association, have responded to the Government's announcement. Today's report in the Sydney Morning Herald includes comments from the President, Phillip Boulten SC, concerning the Government's proposals.

29 November 2012