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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%.

3�October�2012

Common Law Practice Update 7

Wed Oct 03 2012

The Bar Association's Common Law Committee has released Practice Update 7, which focusses on two recent decisions considering sections 33, 63 and 126 of the Motor Accidents Compensation Act 1999, and sections 5D, 13 and 16 of the Civil Liability Act 2002, as well�expert evidence and�causation.

3 October 2012

Legislation to note: workers compensation transitional regulations

Tue Oct 02 2012

The Workers Compensation Amendment�(Transitional)�Regulation 2012 (NSW) has been published on the NSW Legislation web site and came into effect yesterday, 1 October 2012.�The object of this Regulation is to prescribe savings and transitional provisions for the purposes of the Workers Compensation Legislation Amendment Act 2012 and to prescribe other miscellaneous matters in connection with the commencement of that Act, including increases in the maximum legal costs in workers compensation matters. This Regulation is made under the Workers Compensation Act 1987, including section 280 and Schedule 6.

2 October 2012

Indexation of economic and non-economic loss in motor accidents matters

Tue Oct 02 2012

Pursuant to s 146 of the Motor Accidents Compensation Act 1999,� the maximum amounts that are to apply for (a) past or future economic loss and (b) non-economic loss under that Act have been increased from 1 October 2011 by the Motor Accidents Compensation (Determination of Loss) Amendment Order 2012 (NSW). Pursuant to s 80 of the Motor Accidents Act 1988 the maximum amount that is to apply for past or future non-economic loss under that Act has also been increased by the Motor Accidents Compensation (Determination of Non-Economic Loss) Amendment Order 2012 (NSW).� The Orders to this effect were announced in the NSW Government Gazette today.

2 October 2012

2012 Pink and Blue Ribbon Breakfast Raffle – Friday, 26 October

Tue Oct 02 2012

The New South Wales Bar Association October Charity Breakfast is returning in 2012, bigger and better than ever. There will be some excellent prizes on offer in the raffle and you may pre-purchase tickets from the Bar Association Reception prior to the breakfast if you are unable to make it. Prizes include restaurant and clothing store vouchers, wine, photo session vouchers, gym memberships, private pilates coaching and more. Raffle tickets are 1 for $5, 3 for $10 and 8 for $20 with all monies raised donated directly to the National Breast cancer Foundation (NBCF) and the Prostate Cancer Foundation of Australia (PCFA).�View�the list of prizes.

If you would still like to attend the breakfast, we have a few spots still available. The breakfast is on Friday, 26 October and will be held in the Hyde Park Barracks Cafe. The breakfast will run from 7.45am - 9.00am (with the sit-down breakfast served at 8.15am). Download a registration form. All are welcome.

Supporting charities The National Breast Cancer Foundation (NBCF) is the leading community-funded national organisation in Australia raising money for research into prevention and cure of breast cancer. Research programs funded by the NBCF cover every aspect of breast cancer, from increasing understanding of genetics to providing better treatments and improving ways to support women and their families. The NBCF relies almost entirely on corporate and community support to continue its work.

The Prostate Cancer Foundation of Australia (PCFA) is the peak national body for prostate cancer in Australia. The PCFA focuses on funding innovative research, support, information and advocacy for men with prostate cancer and raising awareness across the community. PCFA operates over 100 supports groups Australia wide who provide support and advocacy, via the phone or face to face to men and their families affected by prostate cancer. These groups meet regularly and provide a meeting forum for the exchange of experiences, ideas and news as well as an invaluable support network.

If you are unable to make the breakfast but would like to make a donation to the National Breast Cancer Foundation or the Prostate Cancer Foundation of Australia, please complete the donation section of the registration form and we will organise for the tax deductible receipt to be forwarded to you.

For all other event enquiries, please contact Katie Hall, khall@nswbar.asn.au or phone 02 9232 4055.

22�October 2012

CPD in November

Fri Sep 28 2012

Wednesday 7 November: Bilingual Courtroom - Ensuring effective interpreted communication. Presented by Professor Ludmila Stern. Please click here for further details.**

Tuesday 13 November: Superannuation Strategies for Time-poor Professionals, Part 1 of 2. **Please click here for further details.

Wednesday 14 November: Concurrent Expert Evidence - perspectives from the hot tub. Please click here for further details.**

Thursday 15 November: "To Inquire Into and Report Upon". Presented by Ian Temby AO QC. Please click here for further details. **

Monday 19 November: Addressing the 'Impunity Gap": Accountabilility for Sri Lankan War Crimes. Presented by Mark Ierace SC and Claire Hammerton and chaired by Phillip Boulten SC. Hosted by the NSW Bar Association’s Human Rights Committee. Please click here for further details.

Wednesday 21 November: **Superannuation Strategies for Time-poor Professionals, Part 2 of 2. Please click here for further details.


Thursday 22 November: Aspects of Expert and Opinion Evidence.** Presented by Dermot Ryan SC. Please click here for further details.

Tuesday 27 November: The National Security Balancing Act. Presented by Anthony Whealy QC, Bret Walker SC and Phil Boulten SC. Please click here for further details.

Wednesday 28 November: A guide to the Work Health and Safety Act 2011 - Part 2. Presented by Arthur Moses SC. Please click here for further details.

For any questions about CPD, please contact Anna Hurtig at the NSW Bar Association (9229 1722 or ahurtig@nswbar.asn.au). � 1 November 2012

Papers to note: Bar Association submission on the right to silence

Fri Sep 28 2012

The New South Wales Bar Association has made�its�submission�on the proposed�amendments to the Evidence Act 1995 relating to the right to silence.�The�association urges the government to abandon the proposal and concludes: "There is no demonstrated need for the curtailment of the right to silence. There is no evidence that the proposed amendments will affect the rate at which defendants plead guilty, or are convicted. The experience of the English legal system is that this proposal will lead to 'a notorious minefield'.� View the Bar Association's�submission>

28 September 2012

Constitutional & Administrative Law Section Dinner

Fri Sep 28 2012

The Constitutional & Administrative Law Section is hosting its popular annual dinner at the Hyde Park Barracks Cafe on Thursday 18 October 2012.� The guest speaker this year is the Hon Patrick Keane, chief justice of the Federal Court of Australia. The event includes a three course dinner and a selection of beverages.

To reserve your place, please ensure that a cheque for $130 made payable to NSW Bar Association is received by the Bar Association no later than Tuesday 2 October 2012.

For any queries or to advise of dietary requirements, please contact James King on: jking@sixthfloor.com.au�

2 October 2012

Gleeson SC appointed solicitor-general

Fri Sep 28 2012

Attorney-General Nicola Roxon today announced the appointment of Justin Gleeson SC as the acting solicitor-general of Australia.�Mr Gleeson will start a six-month term on 15 October 2012.

28 September 2012

Next meeting of the Bar Book Club

Thu Sep 27 2012

The next meeting of the Bar Book Club will be held�tomorrow, 23 October 2012 at 6pm. The book will be Skios: A Novel by Michael Frayn.�

22�October�2012

Evening briefing over wine

Thu Sep 27 2012

Join Philip Argy for�a conversation about "Duties in Electronic Evidence and Record Retention" on 11 October 2012, from 5:30pm to 7:00pm on 11 October, from 5:30 pm to 7:00 pm�at the�Technology Dispute Centre (TDC), Level 7, The Trust Building, 155 King Street (at the corner of Castlereagh Street).�Attendance at this event may allow you to claim one unit of CPD.

Whether you are a lawyer, director or IT project manager, you will learn valuable information about electronic evidence and record retention: •� Is your business prepared, in the era of electronic evidence? •� Is your company compliant with record retention duties?

About the host:�Philip Argy, is a technology mediator, arbitrator, negotiator and strategist.�Listed as one of the best information technology lawyers in the world by Euromoney's Best of the Best, Argy was nominated one of the 50 most influential people in Australia in the information technology field by Information Age (1996)�and was awarded a ComputerWorld Fellow in 1997 for services to the Information Technology industry.� He is on the World Intellectual Property Organisation (WIPO) panel of arbitrators for the resolution of intellectual property disputes, especially those involving domain names.

2 October�2012

STEP address: Social investment - new horizons for impact (ADVERTISEMENT)

Wed Sep 26 2012

The Society of Trust and Estate Practitioners (STEP) invites you to an address by David Rickards, Managing Director of Social Enterprise Finance Australia on "Social Investment – new horizons for impact" and Duncan Power, CEO, Dana Asia on "New style philanthropists – increasing impact using Social Investment and business models". The address will take place on Wednesday, 24 October 2012 at 5.30pm sharp in Court 8D of the Supreme Court, L8 Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer>

22�October�2012

Yoga lunchtime hiatus

Wed Sep 26 2012

Tomorrow’s lunchtime yoga class will be the last yoga class until November as the Bar Practice Course will be taking place in the Common Room throughout October. Tuesday morning classes will continue to run however, so if you are unable to make tomorrow’s final lunchtime class for a month, why not come along for a morning class! See flyer for more details.

26 September 2012

Retention of barristers at the NSW Bar

Wed Sep 26 2012

The Bar�Association recently produced two documents regarding the retention of barristers at the NSW Bar.� These were compiled based on the following records:

1.�Those who undertook the association’s Bar Practice Course (BPC) between 2001 and 2012; and

2.�Those who commenced practise at the private bar in NSW between 1990 and 2012 (these statistics include those who undertook the BPC) – based on seniority date.

A brief summary of the major conclusions that can be drawn from each set of retention statistics produced is contained at the beginning of each set of statistics.

It should also be noted that these statistics are not static as inevitably some individuals who are currently recorded as having left the NSW Bar will return again at some stage.� The Bar Association intends to produce these statistics annually.

26 September 2012

Workers' legal costs still in limbo

Wed Sep 26 2012

The New South Wales Government has announced that it will be commencing the current workers compensation costs provisions on 1 October, and�establish a free legal assistance service for workers in the Workers Compensation Commission. The Bar Association and the Law Society have issued media releases expressing disappointment that the�free legal service for injured workers represents an incomplete solution to the ongoing issues of workers legal costs.

26 September 2012

Nomination forms for election of the 2013 Bar Council

Wed Sep 26 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 Association’s Reception (ph. 9232 4055; fax 9221 1149 or e-mail reception@nswbar.asn.au). 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 the Association on ph 9232 4055.

P A Selth Executive Director & Returning Officer

2 October�2012

Toongabbie Legal Centre fundraising dinner

Wed Sep 26 2012

Chief Justice Robert French AC will be the chief guest at the Toongabbie Legal Centre’s fifth annual fundraising dinner. All practitioners are invited with friends and families to attend the event on Saturday, 27 October 2012, 6.45pm for 7.15 pm. Venue: Bowman Hall Campbell Street, Blacktown. Toongabbie Legal Centre Inc (TLC) offers free legal advice to those in the area who would not otherwise have access to legal advice. It is staffed by volunteer solicitors, law students and other professionals. For more details visit: www.tlc.asn.au� RSVPs by Wednesday 25 October or contact Susai Benjamin, honorary coordinator and acting principal solicitor on� 1300 373 353.

19 October�2012

Law Council announces the winners of 2012 Australian Young Lawyer of theYear Awards

Tue Sep 25 2012

The Law Council of Australia has announced the winners of its annual Australian Young Lawyer of the Year Award.�The individual category was won by Senior Legal Counsel for the RSPCA South Australia, Ms Shatha Hamade, and the organisation award was presented to the New South Wales Young Lawyers Bushweb Regional Issues Committee. View the Law Council's media release�25 September 2012

Law Council calls for bipartisan commitment to constitutional recognition of Aboriginal and Torres Strait Island peoples

Mon Sep 24 2012

The Law Council of Australia has welcomed the Commonwealth Government's decision to introduce an Act of Recognition to acknowledge Aboriginal and Torres Strait Islander peoples, but has also said that a firm, bipartisan commitment to hold a referendum to amend the Constitution to provide such recognition should remain a priority. View the Law Council’s media release

24 September 2012

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Information on CPD - Changes in technology

Mon Sep 24 2012

On 23 August 2012 the�Bar Council approved a new Continuing Professional Development Policy.� The previous policy had been in place for some time and no longer reflected current practice, in particular the absence of guidelines relating to online CPD.

The new policy, recommended by the Education Committee, considered�changes in technology in the intervening period since the previous policy was approved.� The new policy also specifies additional requirements for readers.�

Information on the new policy can be found on the Bar Association website.

24 September 2012