Are you using the correct mandatory disclosure statement?

Wed Oct 10 2012

The Bar Association is aware that some members are not using the correct mandatory disclosure statement.� All members are therefore being asked to check and ensure they are using the correct mandatory disclosure statement as prescribed by Clause 9 of the Professional Standards Regulation 2004 i.e. ‘Liability limited by a scheme approved under Professional Standards Legislation’. Learn more>

10 October 2012

Barristers to speak at Women in Tax Lunch

Tue Oct 09 2012

On Thursday, 25 October, Jane Needham SC and Michelle Hirschhorn will be guest presenters at the Tax Institute's twice yearly Women in Tax Lunch.�The event is held to inspire and encourage women in the tax profession by sharing knowledge and personal experiences of other successful women. In addition to this the lunches also create an opportunity for networking with other tax professionals.

22�October 2012

Sex discrimination commissioner commends the Bar Association

Tue Oct 09 2012

Sex Discrimination Commissioner Elizabeth Broderick has commended the New South Wales Bar Association on its appintment of 12 women among the 26 new senior counsel. "This sends a very inspiring message to young women who may be considering the law as a career choice, as well as to women in general – it says that if you have the ability, commitment and talent, you can get to the top of your profession",�Commissioner Broderick said. Learn more>

9 October 2012

Privacy in the 21st Century (ADVERTISEMENT)

Tue Oct 09 2012

Members are invited to attend an exclusive one-day symposium featuring Lord Justice Brian Leveson & Malcolm Turnbull MP. Protection of privacy is shaping as one of the most important policy issues of the twenty-first century. The way the law protects privacy will shape our society and our economy. The Privacy in the 21st Century symposium, hosted by the Communications Law Centre, UTS at the University of Technology, Sydney is set to be one of the key privacy events of the year. It will bring together an expert list of international and national speakers, including policymakers, politicians, journalists, lawyers and commentators. The symposium will address privacy regulation, policy reform, an introduction to a tort on privacy and privacy in a digital world in Australia. To register online, visit the UTS Law Faculty's web site>

29 October 2012

The bar, the bench and the state (ADVERTISEMENT)

Tue Oct 09 2012

Members are invited to hear Professor Malcolm Feeley on "Justice Talks: The bar, the bench and the state; Fighting for political freedom". Hear Professor Malcolm Feeley from the University of California, Berkeley, discuss the struggle for political freedom at the bar and the bench and the impact of state pressure on the profession.

When: Tuesday 23 October. Refreshments from 6pm. Lecture from 6.30-7.30pm Where: Room G23, UNSW Law Building, UNSW Kensington

Register online now!

More information on this free talk and the UNSW Law Justice Talks series can be found at

19 October 2012

15 Bobber – his Honour Judge Ian McClintock SC

Tue Oct 09 2012

The 15 Bobber to celebrate the appointment of his Honour Judge Ian McClintock SC to the District Court of New South Wales will be held on Friday, 2 November 2012. Speaking for his�Honour will be Phillip Boulten SC. 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, 1 November. 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 or fax 9221 1149. Please contact Katie Hall on ph (02) 9229 1720 if you have any questions regarding the 15 Bobber.

23�October 2012

Online mediation training (ADVERTISEMENT)

Tue Oct 09 2012

The Australian Mediation Association has launched Australia’s first online nationally accredited mediation training. This interactive training and learning experience has been structured to fit in with the time constraints of busy barristers and solicitors. The next course will run from 5 November 2012 for approximately�four weeks – all conducted online.

9 October 2012

Standing Council on Law and Justice issue communique

Mon Oct 08 2012

The second meeting of the Standing Council on Law and Justice (SCLJ) for 2012 was held on 5 October 2012 in Brisbane. Attorneys-general discussed a range of matters, such as unexplained wealth,�social media, cyberbullying and privacy.�Read the communique >

8 October 2012

Common Law Practice Update 8

Mon Oct 08 2012

The Bar Association's Common Law Committee has released Practice Update 8, which focusses on�recent decisions considering sections s 7A and�10 of the Motor Accidents Compensation Act 1999, and intentional injury / exemplary damages.

8�October 2012

Book your place in the 2013 Advanced Trial Advocacy Course

Mon Oct 08 2012

The Australian Bar Association’s Advanced Advocacy Course is being held in�Brisbane from 21-25 January 2013. This is a five day residential course run by the profession for the profession. This is a course run by the profession for the profession. The skills of a barrister are best learnt in an environment that is as close to the real experience as possible. This involves realistic briefs, proper preparation, and performance in real court settings. Download a registration form>

8 October 2012

Nominations for 2013 Bar Council

Mon Oct 08 2012

Members are reminded that nominations for the 2012 Bar Council must be received by the Returning Officer by 4.00pm on Monday, 15 October 2012. Nomination forms have been posted to all members.� The form is also available from the Bar Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the Returning Officer.� A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the Returning Officer should immediately contact Ms Kim Kemp at the Bar Association on ph 9229 1728, or e-mail

PA Selth Executive Director & Returning Officer

8 October 2012

New Bar Association committee formed

Fri Oct 05 2012

The Bar Association has a new committee:�the Transportation, Maritime and Air Law Committee, the members of which are as follows:�

Gregory Nell SC�(chair) Michael McHugh SC������������������������������� Peter King������������������������������������������ Jay Anderson������������������������������������� Brett Shields�������������������������������������� Christopher Ward������������������������������ John Levingston��������������������������������� Craig Carter��������������������������������������� Bridie Nolan�������������������������������������� Terry Mehigan������������������������ Angus Stewart

5 October 2012

The Janet Coombs Lunch for New Female Barristers

Fri Oct 05 2012

The Women Barristers Forum and the Women Lawyers Association of NSW will host their biannual Janet Coombs Lunch for New Female Barristers on Friday 19 October, between 1-2pm at the Law Society of NSW. Join distinguished guests and meet the new women at the bar.�Learn more>

16 October 2012

The Civil Liberties Terrain in Australia (ADVERTISEMENT)

Fri Oct 05 2012

The NSW Council for Civil Liberties invites�members to join them for The Berenice and Ken Buckley Fundraising dinner, with key-note guest speaker David Marr who will address "Free speech and politics of hate" on Friday 19 October 2012 at 6.30pm for 7.00pm in Sky Phoenix Restaurant, Level 6 Shop 6001 Westfield Sydney, 188 Pitt Street. Learn more>

15 October 2012

Reminder: Mediator Chat next Tuesday

Fri Oct 05 2012

On Tuesday, 16 October, the Mediation Practice Group will be hosting a ‘Mediator Chat’ and twilight drinks from 5.30-7.30pm at Silks Caf�. The proposed topic for the light hearted “chat” to commence at 6pm, with discussion to follow, is “Passive mediators ruin mediation”.� Chris Ronalds AM SC and Robert Angyal SC will lead the “chat”. The cost is $30 per head payable in cash at the door, and will include 2 drinks (wine/beer/soft drink or mineral water) and assorted canap�s.

For catering purposes, please RSVP in advance if you can make it by 15 October 2012 to Julie Soars on 8224 3017 or or Deborah Robinson on 8224 3008 or � Attendees are entitled to claim 1 point towards continuing professional education for the purposes of mediator accreditation/re-accreditation

12�October 2012

ICEP needs your help to investigate atrocities in Sri Lanka

Fri Oct 05 2012

Members might recall that the Public Interest Advocacy Centre (PIAC) supports the International Crimes Evidence Project (ICEP), an initiative to foster accountability for war crimes. In particular ICEP has conducted an independent and impartial investigation into the mass atrocities that allegedly took place in the final stages of Sri Lanka's civil war. The investigation involves the gathering of testimonial, documentary and audio-visual evidence.

Earlier this year, ICEP provided confidential briefings to the High Commissioner’s Office and key UN Member States and they are now in the process of preparing a report on Sri Lanka, which is due to be finished and provided to select UN Member States at the end of 2013. Members of the Bar Association with experience in international criminal law will take part in an external evidence review to ensure that the report is of the highest standard.

ICEP is now at a critical juncture in its work on Sri Lanka, and it needs more funding from the legal profession over the next 3-6 months. Tax deductible donations can be made through PIAC's website at: Please mention "ICEP" when you donate. Members who are interested in further information about the project can email ICEP at

24 June 2013

Senior Counsel 2013

Fri Oct 05 2012

President Phillip Boulten SC has announced that the following applicants have been appointed senior counsel for 2013. The successful applicants, in order of seniority are:

Raoul David WILSON


Nicholas Andrew NICHOLLS

Terrence Michael LYNCH


Julia Anne BALY

Mark Jeffrey STEELE


Peter Ralph CUMMINGS

Sally Christina DOWLING

Michelle Ailsa Clare PAINTER

Marcus Robert PESMAN

Matthew Saxon WHITE

Jeremy Richard CLARKE

Helen McLeod WILSON

Thomas Gregory HOWARD

Anthony Stephen McGRATH

Penelope Margot WASS

Nicholas Joseph BEAUMONT

Garry Kenneth James RICH

Michael Shaun HENRY

Rashelle Leah SEIDEN

Margaret Nita ALLARS


Biographies of senior counsel appointees

Statistics on senior counsel applications

Senior Counsel Protocol

Media release

4 October 2013

Direct access in Queensland

Thu Oct 04 2012

Members who practise in Queensland�from time should be aware that the Supreme Court has recently revised a practice direction regarding obligations on barristers acting on a direct access basis. Learn more>

4 October 2012

Bar Hockey Team out to defend their title

Wed Oct 03 2012

The Legal Eagles will defend the Rupert Balfe – Leycester Meares Cup on home soil as they battle against Victoria at Cintra Hickey Field, Concord, at 3.30pm on 27 October 2012. Any interested players – barristers, judges, clerks – should contact Andrew Scotting on 9335 3080 or by e-mail As the present holders of the cup the NSW team would also appreciate the support of spectators, including families of players! A celebratory dinner will follow the game at 6.30pm at Dolcissimo at Haberfield.

19�October 2012

Queensland not joining the National Legal Profession reforms

Wed Oct 03 2012

The president of the Law Council of Australia, Ms Catherine Gale,�has released a statement�expressing�disappointment�at�the decision by the Queensland Government that it will not sign up to the National Legal Profession Reforms. In her statement, Ms Gale said:

•�I have stated publicly before that nothing important is ever easy and I am often reminded that the Corporations Law reforms also had a very difficult beginning but are now well accepted as a necessary and important reform.

•�Through the reform process it has always been the Law Council’s aim to represent the interests of the profession to ensure that it achieved an outcome where all lawyers operate under the same rules and professional standards; all consumers have access to the same consumer protections; the market for legal services is open to all practitioners regardless of jurisdiction; the regulatory system supports participation in the international legal services market; and law societies and bar associations continue to play key roles in the regulatory system.

•�It is in the interests of all lawyers and consumers to have greater uniformity regarding the regulation of the legal profession in Australia.

•�The Queensland attorney-general has said that one of the reasons for his decision is the Newman government's belief in competitive federalism. The proposed national scheme promotes competitive federalism by establishing uniform legislation, rules and guidelines to ensure that legal practitioners and the provision of legal services is uniformly regulated across each state and territory.

•�The reforms will establish a level regulatory playing field against which all legal practitioners and law practices can compete domestically and (if they wish) internationally, according to the quality and price of their legal services offerings, rather than be constrained or prevented from competing by regulatory inconsistencies and barriers between states and territories, or by the high costs that flow from complex legislation and the multiple regulatory bodies and functions needed to support that complexity.

•�Regulatory differences between states and territories that inhibit seamless legal practice impact not only on the established national law firms, they also have an impact on medium and specialist law firms that aspire to grow and establish a national presence, as well as the many smaller law firms that operate in border regions, especially in southern Queensland and northern New South Wales.

•�The Law Council has supported and will continue to support the uniform regulation of the Australian legal profession and will continue to work in collaboration with its constituent bodies to ensure these important reforms are realised and a consistent, simplified approach to legal profession regulation is achieved.

3 October 2012

Swearing-in ceremony at the District Court

Wed Oct 03 2012

Christopher Craigie SC and Sarah�Huggett will be sworn in as District Court judges on Monday, 15 October 2012 at 9.30 am in Court 21A, John Maddison Tower.�Attorney General Greg Smith SC�will speak on behalf of the New South Wales Bar.

3 October 2012�

Reduction in interest on unpaid legal costs

Wed Oct 03 2012

At its meeting on 2 October 2012, the Reserve Bank Board decided to lower the cash rate by 0.25% to 3.25%, effective 3 October 2012. Accordingly the rate of interest on unpaid legal costs, prescribed by clause 110A(3) of the Legal Profession Regulation 2005, as of 3 October 2012, is 5.25%.

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 3.25% from 3 October 2012 (visit the Reserve Bank web site)

Accordingly the rate of interest prescribed by clause 110A(3) as of 3 October 2012 is 5.25%.