InBrief

SEARCH ALL POSTS

Invitation to participate in evaluation of Civil Dispute Resolution Act 2011

Thu Mar 28 2013

The Civil Dispute Resolution Act 2011 commenced on 1 August 2011. The Attorney-General’s Department of the Australian Government is evaluating the operation of the Act. The department has engaged Australian Survey Research to conduct on their behalf a survey of key stakeholder groups’ interaction with the Act. The survey provides an opportunity for you to provide feedback on the operation of the Act. For more details about the Act and the evaluation, please click here.

The survey will take at most 10 minutes to complete and your answers will remain completely confidential. If you wish to participate in the survey, please send your name, email address and phone number to ken.menz@ag.gov.au and mention that you heard of the survey through the NSW Bar Association's In Brief.

Members with questions about the conduct and content of the survey should contact Ken Menz on (02) 6141 2674 or ken.menz@ag.gov.au or Allison Wood on (02) 6141 3106 or allison.wood@ag.gov.au.

28 March 2013

2013 Supreme Court Registry Services Survey

Thu Mar 28 2013

Members are invited to take part in the Suprme Court's Registry Services Survey. Its purpose is to help understand clients' perceptions of the services the registry provides, and identify areas for improvement. The survey should only take 5-10 minutes to complete and you can remain anonymous. The survey will be available for completion online or in the registry until 3 May 2013.

26 April 2013

Legislation to note: provisional sentencing for children

Wed Mar 27 2013

The Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Children) Act 2013 received assent and commenced on 25 March 2013. The Act allows a court sentencing a person aged under 18 years for murder to impose a sentence of imprisonment on a provisional basis if: the offender was under 16 years of age at the time of the offence, and the court cannot satisfactorily assess the offender’s prospects of rehabilitation or likelihood of re-offending, because it is not clear at the time of the sentence whether the offender has or is likely to develop a serious personality or psychiatric disorder or a serious cognitive impairment.

A provisional sentence must be reviewed at least once every two years after it is imposed to determine whether it is appropriate to impose a final sentence on the offender. A report on the offender’s psychiatric, cognitive and psychological development must be considered as part of each review.

A final sentence must be imposed within five years of the date on which the provisional sentence was imposed, and at least one year before the end of the non-parole period for the provisional sentence.

A final sentence cannot exceed the length of the provisional sentence.

Both provisional sentences and final sentences are subject to appeal under the Criminal Appeal Act 1912. On appeal against a provisional sentence, a court may substitute a new provisional sentence or a final sentence.

The Bill as passed by both houses is available for viewing here.

27 March 2013

Stunning Room in Jack Shand Chambers for sale (ADVERTISEMENT)

Wed Mar 27 2013

A magnificent 31 sq m room is available for sale at Jack Shand Chambers, Level 55 MLC Centre. Would suite silk or senior junior. It has panoramic views of Sydney Harbour Bridge, CBD and to the heads. The room is extensively fitted out to the highest standard. Jack Shand Chambers comprises 10 senior and 21 junior barristers. The floor has an extensive library and networked computer facilities. The floor has recently been refurbished and has a number of mediation and conference rooms. The room is available for sale. Price available on application.

Applications will be treated in the strictest confidence. Further information is available on application: Stephen Upton, ph:(02) 9233 7711; email: clerk@jackshand.com.au

Jack Shand Chambers, Level 55, MLC Centre, 19-29 Martin Place, Sydney

27 March 2013

TONIGHT: Family Provision Practice Note Update

Tue Mar 26 2013

In tonight's seminar, at 5.15pm in the Bar Association Common Room, The Hon Justice Hallen and Jane Needham SC will address the new Family Provision Practice Note that entered into effect on the 1 March 2013.

27 March 2013

CPD Online - Frequently Asked Questions

Tue Mar 26 2013

Point Requirements 1. How can I count seminars viewed through CPD Online? As per the CPD Policy as resolved by Bar Council in August 2012, seminars viewed through the online streaming system attract 1 CPD point per hour and may be counted in the relevant strand.

2. Is there a limit to how many points I can obtain through CPD Online? No. You can accumulate as many points as you wish through the online system so long as you undertake a minimum of 4 hours of face-to-face activity (in any strand).

3. What is “face-to-face” activity? “Face-to-face” activity requires attendance at the CPD at the time that the CPD is given. Attendance can be in person or it can be assisted by such means as video-streaming. Viewing a CPD Online is not counted as “face-to-face” activity.

4. How do I know which strand a seminar falls into? Strand details, along with other keywords are indicated in the tags for each seminar. These tags are searchable and may be used to find related seminars. 5. How soon can I expect a seminar to be available online? Where permission has been granted to include a seminar in the online catalogue, the seminar will generally be available through the online streaming system within 2 weeks of delivery. 6. How can I obtain papers from the seminars? Where papers have been provided for the seminar, these can be found as downloadable attachments on the left hand side of the page once you click on a seminar. 7. Do I still need to keep CPD Records? Yes. As in the past, you do need to keep a record of what CPD activity you have undertaken each practising year.


Need further details? _ 8. How do I go about getting my login details?** If you have misplaced your details, please email reception@nswbar.asn.au. Please note, for security reasons we can only provide login details to the member directly and not to third parties.

9. I have logged in but cannot seem to view the recordings. What do I do? Ensure that the flash player on your computer is up to date. If problems persist, please make a note of any error message and contact us on cpd@nswbar.asn.au.

26 March 2013

Last chance to book your flu shot

Tue Mar 26 2013

The Health, Sport & Recreation Committee has organised for members to receive ‘flu shots and get their cholesterol, glucose and blood pressure tested between 4:00 and 6.00 pm tomorrow, 9 April 2013 in the Bar Association Common Room.

Prices are as follows: ‘flu shot $22; health test (cholesterol, glucose and blood pressure) $20. Please complete a consent form and bring correct change or a cheque made out to imedicallife.

Please contact reception@nswbar.asn.au to make a booking. Testing takes under four minutes, the ‘flu shot takes less than a minute. Testing results are provided straight away. If you do not wish to make a booking you can just arrive on day but please note members with bookings will be prioritised.

8 April 2013

2013 Senior Counsel Selection Process - A message from the President

Tue Mar 26 2013

Dear colleagues

It is the practice that after each Silk selection round the Bar Council considers whether any improvements might be made to the Protocol and administrative process.

This year’s review has been particularly comprehensive. The Bar Council has met on four occasions to consider the possible changes to the Senior Counsel Protocol and related documents, including two stand-alone meetings devoted solely to the issue.

As a result of Bar Council’s deliberations, the following significant changes to the process are proposed for 2013:

  • That the Senior Counsel Selection Committee be expanded to include one non-lawyer community representative in addition to the current Committee composition of the President, Senior Vice-President, four other senior counsel and one person who is not a practising barrister; and

  • Applicants may provide a maximum of three references, in respect of which two can be written references. The references should not be from judicial officers. These persons may be contacted by the Selection Committee if the committee thinks it necessary to do so.

In addition, the Bar Council resolved to ensure that the views of all those consulted in the course of the process, including judicial officers, continue to be kept confidential.

As always, the Bar Council is concerned to ensure that the process is as open and transparent as possible, recognising the need for confidentiality to ensure the continued integrity of the system.

The Bar Council is seeking the views of members as to the efficacy of the current system and how it can be improved. To that end, members are invited to provide comments on the current protocol and process, and on the proposed changes, by Tuesday, 2 April to president@nswbar.asn.au

The Bar Council would welcome comments from those who support the current arrangements, as well as those who would like to see a change.

The current Senior Counsel Selection Protocol can be accessed here and the Guide to Practical Aspects For The Appointment of Silk in NSW – 2012 can be accessed here.

Phillip Boulten SC President

TONIGHT: A Guide to the Work Health and Safety Act 2012

Mon Mar 25 2013

This evening's seminar will be presented by Arthur Moses SC and chaired by The Hon Justice Schmidt. The seminar will provide members with a guide to the key provisions of the Commonwealth and NSW Work Health & Safety Acts which commenced operation on 1 January 2012. For full details, please download a brochure.

25 March 2013

LCA president opens access to justice conference

Fri Mar 22 2013

The president of the Law Council of Australia, Mr Joseph Catanzariti, opened the National Access to Justice and Pro Bono Conference in Melbourne yesterday morning. In his address, Mr Catanzariti warned that: "For all the statistics, economic modelling and warnings from the legal profession, the issue of underfunding and under resourcing in the justice system continues and the result is restricted access to justice and serious impacts on the enforcement and protection of legal rights." The LCA president also singled out increasing court filing fees as a particular cause for concern. Learn more here.

22 March 2013

Next meeting of the Bar Book Club

Fri Mar 22 2013

The next meeting the Bar Book Club will be held on Tuesday, 30 April 2013 at 6pm in the Bar Library. The book will be Notorious Nineteen, by Janet Evanovich. Those members reading the book, or any crime fiction, may enjoy this article from WH Auden as to why he was addicted to detective novels.

26 April 2013

Funeral arrangements for Christopher Branson QC

Fri Mar 22 2013

Chris Branson QC died on 15 March 2013 and there will be a private funeral. Friends and colleagues will be invited to a memorial service at a time and location to be announced.

22 March 2013

Lunch time lecture on maritime law

Thu Mar 21 2013

The Maritime Law Association of Australia and New Zealand and the University of Newcastle invite members to a joint lunch time lecture by John Levingston on "Admiralty jurisdiction below the low water mark". The lecture will be held on Wednesday, 27 March 2013 "live" at the suitably nautical sounding time of 13.10-13.50 hrs, in Court 1, Level 21 of the Law Courts Building, Queens Square. Newcastle members can attend at the University of Newcastle, Board Room UNH 3.09, University House, cnr of Auckland & King Street. There is no charge. The lecture will be webcast **here**. To reserve your place, RSVP (Sydney) jl@admiralty.net.au or (Newcastle) Stuart.Gray@harriswheeler.com.au

25 March 2013

Next Week in CPD

Thu Mar 21 2013

Monday 25 March: A Guide to the Work Health and Safety Act 2011. Presented by Arthur Moses SC and chaired by the Hon Justice Schmidt. Please click here for more details.

Wednesday 27 March: Family Provision Practice Note Update. Presented by the Hon Justice Hallen and chaired by Jane Needham SC. Please click here for more details.

21 March 2013

2013 Bench and Bar Dinner: RSVP by tomorrow

Thu Mar 21 2013

The president and the Bar Council have the pleasure of inviting all members of the New South Wales Bar Association to the 2013 Bench and Bar Dinner. The dinner will take place on Friday, 10 May in the Grand Ballroom of the Westin Sydney at 7.00pm for 7.30pm. The guest of honour is the Hon Justice S Gageler. Mr Senior is Peter Hastings QC and Ms Junior, Philippa Ryan. Seating at the dinner will be allocated on a first-in basis and seating arrangements of 10 per table will be accepted, as will smaller bookings. A limited number of tables of 12 are available however this may alter your tables placement in the room. Please click through to the Invitation and RSVP Form If you have any questions regarding the dinner, please contact Katie Retford at kretford@nswbar.asn.au or on 9229 1720.

29 April 2013

NCAT project update

Wed Mar 20 2013

The Civil and Administrative Act 2013 received royal assent on 4 March 2013. The Act establishes the NSW Civil and Administrative Tribunal (NCAT) from 1 January 2014. The NCAT Project Team is and Steering Committee are compiling information in preparation for the development of NCAT practices and procedures. The second edition of the NCAT newsletter is out now which features, among other things, updates on the NCAT project, the Reference Group and the "framework for tribunal excellence". Any feedback can be provided to ncat@agd.nsw.gov.au

20 March 2013

Common Law Practice Update 20

Wed Mar 20 2013

The Bar Association's Common Law Committee has released Practice Update 20, with a case note on section 109 Motor Accidents Compensation Act 1999. Learn more>

20 March 2013

Government right to silence and defence disclosure legislation passes

Wed Mar 20 2013

The Legislative Council last night passed the The Evidence (Evidence of Silence) and Criminal Procedure Amendment (Pre-Trial Defence Disclosure) bills by a narrow margin over opposition from Labor and the Greens. View the government's media release and the Hansard, in which the Bar Association's submissions on the Bills are again quoted extensively.

21 March 2013

eCase Search has AAT applications online

Tue Mar 19 2013

The Administrative Appeals Tribunal has launched eCase Search, which provides online access to select information about most applications lodged with the AAT from 18 March 2013. Applications subject to confidentiality restrictions are excluded.

The information that will generally be available includes:

  • the names of the parties and any representatives
  • the date the application was lodged
  • the dates of past and future case events
  • the types of documents lodged by the parties, and
  • the outcome of an application.

lnformation about a case will usually first be made available seven days after the application has been lodged.

19 March 2013

Health cover benefits for members

Tue Mar 19 2013

The Bar Association's member benefits scheme, in cooperation with Bupa, is pleased to offer a new health plan tailored to the needs of barristers. Members can take advantage of competitive corporate premiums; higher benefits; and gap-free physio and general dental for children. Find out more about this special offer here.

19 March 2013

Do Americans still have the right to defence counsel?

Tue Mar 19 2013

Fifty years ago the United States Supreme Court unanimously announced in Gideon v Wainwright that the Sixth Amendment guarantees to every criminal defendant in a felony trial the right to a lawyer. Howver, over the past half-century, lawmakers have refused to fund public defenders' offices adequately. And, as it has become more conservative since 1963, the Supreme Court has refused to force them to do so. Read about it in The Atlantic Monthly.

19 March 2013