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NCAT Project Update

Fri Aug 30 2013

The NSW Civil and Administrative Tribunal (NCAT) will begin operations on 1 January 2014. A Corporate Services Coordinating Committee is working on the integration of corporate service functions of different tribunals. The seventh edition of the NCAT newsletter is out now.

30 August 2013

Wanted: costs assessors

Fri Aug 30 2013

The chief justice of NSW, the Hon TF Bathurst, is seeking applications from legal practitioners of at least five years post admission experience to be appointed as costs assessors under the Legal Profession Act 2004. Appointments are expected to take effect from 1 January 2014 for a period of up to three years. The closing date for applications is 10 October 2013. Learn more here.

13 September 2013

Appointment to the Supreme Court of Queensland

Fri Aug 30 2013

Attorney-General and Minister for Justice Jarrod Bleijie has announced the appointment of David Thomas as a judge of the Supreme Court of Queensland. He will replace Justice Henry Fryberg, who will retire in November, and also take on the role of president of the Queensland Civil and Administrative Tribunal for the next three years. Learn more here.

30 August 2013

Black holes and legal issues

Fri Aug 30 2013

The responses to a pre-election questionnaire issued by the Law Council of Australia indicate that both the Australian Labor Party (ALP) and the Coalition lack commitment to dealing with the key policy issues of importance and relevance to the Australian legal profession. Access to justice, federal court resourcing, asylum seekers and anti-terror laws were just some of the issues the Law Council invited political parties to address in the lead up to the 7 September Federal Election. Learn more here.

30 August 2013

Funeral arrangements for Donna Spears

Fri Aug 30 2013

Yesterday's In Brief published a notice regarding funeral arrangements for Donna Spears. The phone number given was incorrect. For information about the wake, contact Glenn Phillips on 0412 111 987. In Brief apologises for any confusion this might have caused.

The funeral will be held on Wednesday, 4 September 2013 at 11.00am in the Sacred Heart Chapel, Rookwood Cemetery.

30 August 2013

Learned Friends Conference in Hawaii (ADVERTISEMENT)

Thu Aug 29 2013

Learned Friends Professional Education is holding a conference in Hawaii from 3 - 12 January 2014. Speakers include The Hon Justice Hoeben Chief Judge at Common Law, Supreme Court of New South Wales, The Hon Frank Marks, Judge Rolf Driver, Judge Giles Coakes, Jeremy Gormly SC, Jeffrey Phillips SC, Shauna L Cahill, President of the Kaui Bar Association and Deputy Prosecuting Attorney and Mauna Kea Trask, Deputy County Attorney. The conference will be held at the Grand Hyatt Kauai followed by the Hyatt Regency Waikiki Beach. Limited accommodation has been secured for delegates at those hotels. Early bookings are advised. For more details visit our website www.learnedfriends.com.au or alternatively email us at admin@learnedfriends.com.au.

20 November 2013

Web watch: law blogs

Thu Aug 29 2013

Blogs are an increasingly popular way for epistemic communities to communicate and the law is no exception. Amicae Curiae has compiled a list of Australian law blogs (or Oz Blawgs), although it is perhaps an understatement for them to say that "some blogs are better than others". Learn more here.

29 August 2013

General meeting - Incorporation of barristers' practices - Electronic proxies

Thu Aug 29 2013

It has come to the Bar Association’s notice that a website has been established which seeks proxies in favour of the motion to be moved at the General Meeting on 17 September.

This website enables persons to purport to give a proxy vote electronically.

The Bar Association has received legal advice that the electronic proxy is not a valid appointment of a proxy for the general meeting.

If you have lodged a proxy form electronically you may wish to forward a hard copy in its place.

P.A.Selth Returning Officer

29 August 2013

LTCS E-News Issue 75

Thu Aug 29 2013

The Lifetime Care & Support Authority publishes a newsletter, LTCS E-News. Issue 75 is now available and includes information concerning training for for Paediatric Care and Needs Scale (PCANS-2), the TBI Vocational Participation Project, Work Options Plans Workshops. View LTCS E-News No 75

29 August 2013

Vale Donna Teresa Spears (1963-2013)

Thu Aug 29 2013

Dr Donna Spears, a former barrister and member of the Faculty of Law at the University of Wollongong, died on Tuesday night after a long illness. A funeral will be held on Wednesday, 4 September 2013 at 11.00am in the Sacred Heart Chapel, Rookwood Cemetery. For information about the wake, contact Glenn Phillips on 0412 111 987.

29 August 2013

AIJA call for conference papers

Wed Aug 28 2013

The Australasian Institute of Judicial Administration has issued a call for papers for its conference on 15-17 April 2014. The conference is titled "Assisting Unrepresented Litigants - A Challenge for Judicial Administration". The closing date for abstracts is Friday, 18 October 2013. Learn more here.

13 September 2013

CSOs reduce reoffending

Wed Aug 28 2013

The New South Wales Bureau of Crime Statistics and Research has published in their Crime and Justice Bulletin the findings of a report, which shows that requiring offenders to perform community work is more effective in reducing re-offending than putting them on a good behaviour bond. You can view the report here.

28 August 2013

Common Law Practice Update 35

Wed Aug 28 2013

The Bar Association's Common Law Committee has released Practice Update 35 which features a case note on sections 5B, 5F and 5G of the Civil Liability Act 2002 (NSW), as well as liability of councils to employees and duty of care to employees of independent contractors.

28 August 2013

Swearing-in ceremony for Wigney SC on Monday

Wed Aug 28 2013

Michael Wigney SC will be sworn in as a judge of the Federal Court of Australia, on Monday, 9 September 2013 at 9.30am in Court 1, Level 21, Queens Square. Phillip Boulten SC will speak on behalf of the New South Wales and Australian bar associations. Barristers should wear robes but not wigs.

6 September 2013

BOCSAR Report on Community Service Orders and Bonds

Tue Aug 27 2013

The Bureau of Crime Statistics and Research has today released the report "Community Service Orders and Bonds: A comparison of reoffending". One of the Bureau's key findings is that requiring offenders to perform community work is more effective in reducing re-offending than putting them on a good behaviour bond, yet only 3.4 per cent of offenders receive a community service order (CSO), whereas more than 20 per cent are placed on a bond. Read the Bureau's media release and Report.

27 August 2013

International Commercial Arbitration Diploma, Kuala Lumpur, November 2013 (ADVERTISEMENT)

Mon Aug 26 2013

The Diploma Course in International Commercial Arbitration will be held in Kuala Lumpur on 9-17 November 2013. Participants will be taught the practice of international commercial arbitration, including all major forms of international arbitration and related dispute settling mechanisms such as WIPO, WTO and Investment Treaty Arbitration. Participants will gain the ability to appear in or act as an arbitrator in such arbitrations in different contexts. For more information about the diploma, download a brochure. To reserve your place, fill in the registration form.

26 August 2013

15 Bobber for the Hon Justice Stephen Robb

Mon Aug 26 2013

The 15 Bobber to celebrate the appointment of the Honourable Justice Stephen Robb to the Supreme Court of New South Wales will be held on Friday, 18 October 2013. Speaking for his Honour will be John West QC. The 15 Bobber will commence at 5.30pm with the speeches beginning at 5.45pm. Pre-registration for the 15 Bobber is $15 and MUST be received by the association by 3.00pm Thursday, 17 October. Reservations made after this time and at the door will be $25. Download a registration form and return it with payment to Katie Retford at the New South Wales Bar Association, DX 1204 SYDNEY, e-mail kretford@nswbar.asn.au

15 October 2013

15 Bobber for His Hon Judge Stephen Hanley SC

Mon Aug 26 2013

The 15 Bobber to celebrate the appointment of his Honour Judge Stephen Hanley SC to the District Court of New South Wales will be held on Friday, 11 October 2013. Speaking for his Honour will be Simon Buchen. The 15 Bobber will commence at 5.30pm with the speeches beginning at 5.45pm. Pre-registration for the 15 Bobber is $15 and MUST be received by the association by 3.00pm Thursday, 10 October. Reservations made after this time and at the door will be $25. Download a registration form and return it with payment to Katie Retford at the New South Wales Bar Association, DX 1204 SYDNEY, e-mail kretford@nswbar.asn.au

16 September 2013

Support the Arts Law Centre of Australia

Fri Aug 23 2013

To support the work of the Arts Law Centre of Australia, Hearts for Arts Law invites you to a special screening of the acclaimed documentary, The Crossing, at 7pm on Tuesday, 24 September 2013 at Chauvel Cinema, Paddington. A private Q&A with the filmmakers will follow the screening with Andrew O’Keefe as MC. Further details and tickets available here

23 August 2013

Mediation accreditation and re-accreditation 2014-15: applications close today at 5.00pm

Fri Aug 23 2013

Expressions of interest are sought from members of the bar who hold a current practising certificate and have 5 years’ experience wishing to become an accredited mediator or be re-accredited as a mediator as well as those who may wish for their names to be included on the Bar Association’s list of Supreme Court mediators for 2014-2015. The current list expires on 31 December 2013. Learn more about accreditation here then download an application form.

19 September 2013

LCA warns legal aid cuts creating an "injustice system"

Fri Aug 23 2013

Research conducted by the Law Council of Australia indicates thousands of Australian citizens could be the victims of major injustice due to their inability to access legal representation from Legal Aid Commissions. Learn more here.

23 August 2013

Incorporation of barristers' practices (including advice from James Nolan)

Fri Aug 23 2013

As members would be aware, a General Meeting of the Bar will be held in the Common Room on Tuesday 17 September 2013 at 5.15pm.

I have been notified that an amendment to the motion in the Notice of Meeting will be moved at the General Meeting in the following terms:

“This meeting expresses its support for changes that would permit barristers who choose to do so to practise through single member, sole director companies, and the meeting further requests that the Bar Council seek the necessary changes”.

I have also received notice that it is likely that a vote by ballot (rather than show of hands) will be demanded at the meeting. The Bar Association will be making arrangements for the administration of a ballot vote, which will necessitate each member registering their attendance on arrival, and being issued with a form of ballot. This process could take some time, so I encourage you to arrive early so that we can start the meeting on time. Registration can take place from 4.45pm.

A few weeks ago, before the General Meeting to be held on 17 September was requisitioned, the Bar Council commissioned advice from three senior counsel on matters relevant to its then continuing discussion about the pros and cons of barristers being able to incorporate their practice.

Download the advices from Webster SC, Walker SC, Richmond SC Slater QCand Nolan.

I urge you to read the advices before making up your mind as to whether you believe the Bar Council should ask the Government to agree to the Barristers’ Rules and Legal Profession Act 2004 or the forthcoming national profession legislation being amended to permit barristers to incorporate their practice.

If you have provided the Bar Association with a proxy for the meeting on 17 September, and having read the advices wish to withdraw or amend your proxy, please contact the Certification Officer on certification@nswbar.asn.au or 9229 5740.

Alternatively, you may complete a fresh proxy and forward it to the Certification Officer, as a proxy later in time will revoke an earlier proxy. A further copy of the New South Wales Bar Association preferred proxy form issued with the Notice of Meeting is available here.

Phillip Boulten SC President

27 August 2013

Opposition disallows NSW Government regulation on judges pay

Thu Aug 22 2013

The Legislative Council has passed the NSW Opposition’s disallowance of the O’Farrell government’s regulation to reduce the 2.5 per cent remuneration cap for judges, the DPP, Crown prosecutors, public defenders and members of tribunals. Learn more here.

22 August 2013