Common Law Practice Update 28

Fri May 31 2013

The Bar Association's Common Law Committee has released Practice Update 28, with case notes on compromises, compensation for relatives and ss 94 and 126 of the Motor Accidents Compensation Act 1999 (NSW).

28 May 2013

Bar FC retains second spot on the league ladder

Fri May 31 2013

Under clear sunny skies and sporting their new, ever so flattering, strip NSW Bar FC faced off against the formidable, pink-jersey clad, Announcer FC in The Domain at lunchtime today. Manager, David (call me Sir Alex) Stanton, was a picture of calm as he gave last-minute instructions to his charges before the 1.15 pm whistle. The ever competitive (Captain) Simon Philips took command of the backline which amply supported Keeper Harris.

NSW Bar FC lost the toss and was forced to run uphill and into the sun. The attacking midfield combination of Free and Canceri gave striker Di Michael plenty of early ball and opportunities but were repelled by a fierce Announcer FC backline. What appeared to be a great clearing kick from the Announcer FC backline just outside its penalty area made fortuitous impact with Griscti’s face at left-wing which gave a loitering Di Michael the opportunity needed to draw first blood about half way through the first term – a great assist Griscti!

Running downhill in the second half NSW Bar FC showed great skill and control of the ball with further opportunities by Canceri and Di Michael squandered. A few early forays by the opposition were quashed by (Ben) Phillips, Fordham, de Meyrick and (Simon) Philips all of whom played a solid defensive knock.

The end result, a convincing 1-0 win to record the Bar’s fourth success of the season and cementing its second spot on the ladder, just one point behind Divisional leaders K & L Gates.

31 May 2013

Practising Certifcate Renewals Update Number 4

Fri May 31 2013

There is only one more week to renew your practising certificate by the due date - Friday, 7 June 2013. DO NOT WAIT until you have confirmation of insurance to return your completed renewal form and payment. Preliminary processing of your practising certificate can begin and your insurance can be matched up with your renewal documentation once confirmation of insurance is received. If you have questions regarding the completion of your renewal documentation, please contact the Certification Officer, Barrie Anthony ph: (02)9232 4055, or e-mail

31 May 2013

Redfern Legal Centre fundraiser with special guest the Hon Justice Virginia Bell AC

Fri May 31 2013

Members of the NSW Bar Association are invited to drinks to hear the Hon Virginia Bell AC speak and to reconnect with Redfern Legal Centre. Come along for an evening of drinks and canapes kindly supported by Herbert Smith Freehills. Catch up with old RLC friends and meet new ones. Redfern Legal Centre has experienced significant funding cuts and we urgently need to raise money to ensure we continue to provide access to justice for vulnerable groups in our community. We will be asking for donations on the night to help support RLC. Date: Thursday 1st August 2013 Location: Herbert Smith Freehills, MLC Centre Martin Place, Sydney Time: 5:30pm – 7:00pm Cost: Attendance is free but we will be asking for donations on the night. RSVP essential, as places are limited.To register for the event click here. Can't make the event but would still like to support Redfern Legal Centre? You make an online donation here: 31 May 2013

Bar Association launches its Reconciliation Action Plan

Fri May 31 2013

The Bar Association is delighted to announce that its Reconciliation Action Plan, which commenced on 1 January 2013, has been endorsed by Reconciliation Australia. The Bar Association has worked for many years to improve the educational path for Aboriginal and Torres Strait Islander law students studying at NSW universities and to assist in providing career development opportunities and career prospects for Aboriginal and Torres Strait Islander lawyers. The Bar Association looks forward to working with Reconciliation Australia to progress implementation of the Reconciliation Action Plan and engaging with national efforts towards reconciliation.

You can view the Bar Association's Reconciliation Action Plan here.

Any enquiries in relation to the Reconciliation Action Plan can be directed to Megan Black at or on 9229 1739.

31 May 2013

Tonight: Women Barristers Forum AGM

Wed May 29 2013

The Women Barristers Forum (“WBF”) is a section of the NSW Bar Association. All women members of the NSW Bar Association are members of the WBF and are invited to participate as members of the Forum. The WBF will hold its Annual General Meeting on Wednesday, 19 June 2013 at 5.00pm at Conference Room 3, Bar Association, Selborne Chambers, 174 Phillip Street, Sydney. Members interested in joining the committee of the WBF are encouraged to attend for nomination. Downloads: 1. Notice of AGM 2. Annual Report 3. Minutes of 2012 AGM 4. Nomination Form for candidate for election as a member of the WBF Committee for 2013 5. Appointment of proxy form 19 June 2013

Funeral arrangements for Charles Leslie Cullen

Wed May 29 2013

The Hon Charles L Cullen QC, former member and deputy president of the NSW Industrial Relations Commission, died last Friday. A funeral will be held this Friday, 31 May 2013 at 11.00am, in the Boland Chapel, 29 Maroubra Road, Maroubra. In lieu of flowers, donations to the Sydney Medical School Foundation would be appreciated. Donations can be made online.

27 May 2013

Shoot for the Bar: Join us to share a drink at 5.00pm on Friday and celebrate the award winners!

Wed May 29 2013

You are invited to celebrate the winners of the ‘Shoot for the Bar’ Judges’ Award and the People’s Choice Awards on Friday, 31 May in the Bar Association Common Room. We received some great entries in the competition and we are looking forward to celebrating with those that contributed and supporters of the Trust and competition. Drinks will commence at 5.00pm. If you would like to join, please RSVP to Katie at by 5.00pm Thursday, 30 May.

Vote for your favourite – voting closes 4.00pm Friday

There is still time to vote for your favourite and help them win the People’s Choice Award. The photos and voting are available here. There is one entry per page (6 pages) and you can vote for your favourite on the final page. You will only be able to vote once per device. Voting closes at 4.00pm Friday, 31 May and the winners will be announced at the function in the Bar Association Common Room and published through InBrief on Monday, 3 June.

The photos are available to view in the Bar Association Common Room from 27-31 May from 9.00am-5.00pm (unless there are other events in the Common Room). Please come down and have a look.

Reconciliation Action Plan

The Reconciliation Action Plan (RAP) for the NSW Bar Association commenced on 1 January 2013 and continues the Association’s previous efforts and provides a structure for the objectives with the overall aim of contributing to reconciliation through three key areas of relationships, respect and opportunities. The primary goal of the RAP is to increase the number of Aboriginal and Torres Strait Islander barristers practising at the NSW Bar. The objective of the photography competition is to inject some creativity and some fun into depictions of ways that could increase Indigenous representation.

If you have any questions regarding the RAP or the Indigenous Barristers Trust The Mum Shirl Fund, please contact Megan Black at

Enjoy viewing the photos!

With thanks to our competition prize sponsors: Bangarra Dance Theatre - Billy Kwong - Herbies Spices - Westin Sydney -

29 May 2013

Reminder: earlier than usual time for the swearing-in ceremony for Leeming SC

Wed May 29 2013

Members are again reminded that the swearing-in ceremony for Mark Leeming SC will be held at 9.00am on Monday, 3 June 2013 in the Banco Court, Queens Square. The attorney general will speak on behalf of the New South Wales Bar. Wigs and gowns are to be worn. Senior counsel should wear full-bottomed wigs.

31 May 2013

Vale Rex Foster Smart (1937-2013)

Tue May 28 2013

The Hon RF Smart, former judge of the Supreme Court and the Court of Appeal, died on Sunday, 26 May 2013. A funeral will be held on Monday, 3 June 2013 at 10.00am at St Stephen's Uniting Church, Macquarie Street.

29 May 2013

New procedures for Court of Criminal Appeal filings

Mon May 27 2013

After extensive discussions with interested parties, including the Bar Association, the Supreme Court CEO and principal registrar has announced new procedures for CCA filings.

Drop off box for non-urgent CCA filings

The court has now made available a drop off box just inside the registry doors on Level 5 for non urgent filings for frequent users, on the following understanding:

  • the material is placed in a sealed envelope so that it is secure and cannot be mingled with other possible loose material in the box
  • at least 4 copies of any document to be filed are to be provided
  • the envelope must be clearly marked with the matter name, the CCA file number, and the contact name and telephone number of the filing party
  • the material is in regard to matters that are NOT listed before the Court within 2 clear working days of the lodgment of the material in the box. For example, if a case is listed before the Court on a Monday, the last day for lodgment of any material is cob Wednesday
  • for the avoidance of doubt, applications for interlocutory appeals and bail review must be filed at the counter, and not by way of the drop off box
  • material for the commencement of new matters must NOT be lodged in the drop off box, it must be filed at the counter, and
  • as is currently the case, sealed copies of the filed material will be placed in your respective satchels/ envelopes for collection upon request by your staff at counters 1 and 2 by 10 am the following day. No ticket is required for the collection of the filed/ sealed material.

Procedure for urgent filings and complex enquiries

For all urgent filings, a ticket must be taken and you will need to wait until your number is called.

In relation to enquiries which cannot immediately be answered by a counter staff member, as is currently the case, assistance will be sought by that staff member from a colleague who has detailed knowledge of CCA matters and issues. Training of our counter staff in relation to CCA matters and issues is ongoing. We sincerely appreciate your patience during this period of training of our staff members.

Filing of submissions, lists of authorities and unreported judgments

An electronic copy of submissions should be sent to the email address of the CCA ( 3 days before the hearing. This is in addition to the hard copy of the submissions which will have been previously filed at the Registry in accordance with the directions made by the Registrar at the callover. As foreshadowed at the meeting on 23 April 2013, the Practice Note will be amended to reflect this new practice.

Lists of authorities and unreported judgments are to be sent to the email address of the CCA by no later than 3 pm the day before the hearing. The parties are not required to file a hard copy of that material. Similarly to the position with submissions, the Practice Note will be amended to reflect this new practice.

27 May 2013

Bar Council business for April and May

Mon May 27 2013

Bar Council met on 11 April and 2 May in the boardroom of the New South Wales Bar Association. Matters reported elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted in this summary. Any member interested in a particular matter should contact the executive director for further information. View the minutes for 11 April and 2 May.

27 May 2013

Vale Charles Leslie Cullen (1921-2013)

Mon May 27 2013

The Hon Charles L Cullen QC, former member and deputy president of the NSW Industrial Relations Commission, died on Friday, 24 May 2013. Members will be advised of funeral arrangements as soon as they are known.

27 May 2013

TONIGHT: Changes to Superannuation and How They Affect You

Mon May 27 2013

This seminar will be presented in the Bar Association Common Room, tonight at 5.15pm. The seminar will focus on recent changes to superannuation and how they will affect you. It will discuss what you can do to mitigate these changes and will include with a pre-30 June Checklist for managing your superannuation and personal wealth along with a discussion on whether a SMSF is right for you.

The seminar is intended to educate members on the rules around superannuation and how they can leverage it to minimise tax, structure their investments more effectively and ensure they have the most appropriate insurance available to them. For full details, please download a flyer here.

27 May 2013

ABA merchandise

Fri May 24 2013

Ties, cufflinks and keychains with ABA motifs are available for purchase from the Bar Association's reception. Ties $65; cufflinks $65; and keychains for $45.

24 May 2013

The Bail Bill 2013 has passed

Thu May 23 2013

The Bail Bill 2013 was passed yesterday by the NSW Parliament and will commence in 12 months. Attorney General Greg Smith SC said in a media release that the new law replaces "a complicated system of presumptions with a risk-management test". More information about the bill, including the second reading speeches and amendments is available here.

23 May 2013

Motor accidents legislation bound for the Legislative Council

Thu May 23 2013

Debate on the Motor Accident Injuries Amendment Bill 2013 (NSW) concluded in the Legislative Assembly last night. Both the government and the opposition moved amendments and, again, there were references to submissions by the Bar Association and other peak legal groups. View the Hansard here.

23 May 2013

ABA Advanced Trial Advocacy - Brisbane, January 2014

Wed May 22 2013

The ABA is running its eighth advanced trial advocacy course in Brisbane in early 2014. The dates for the course were incorrect in the last In brief notice. The course will take place between the 20 and the 24 January 2014 at the Supreme Court of Queensland. The coaching faculty will include Federal and Supreme Court judges, Australian and international counsel from New Zealand, South Africa, England and Wales, as well as performance and voice coaches with expertise in voice, movement and impact. For more information, or to reserve your place, download a brochure and registration form.

18 October 2013

Registrations close today: Excellence in Appellate Advocacy

Wed May 22 2013

The Australian Bar Association is conducting its second appellate advocacy course, Excellence in Appellate Advocacy, in Sydney between 13-15 September 2013 at the Federal Court of Australia. There are still a few spots left. To find out more, or to reserve your place, download a brochure and registration form.

Please note that registrations close today Friday, 9 August.

9 August 2013

The PILCH NSW Offshore Asylum Seeker Project ending soon

Wed May 22 2013

PILCH NSW will not be accepting new referrals to its Offshore Asylum Seeker Project after 31 May 2013. The project was set up to ensure that offshore asylum seekers who had received a negative Independent Merits Review (IMR) or Independent Protection Assessment (IPA) had access to legal assistance to appeal the decision in court where it contained legal errors. PILCH has achieved that goal and the project will come to an end. Learn more.

22 May 2013