This week in CPD: Applying 10 Neuroprinciples to Successful Advocacy

Thu Oct 31 2013

On Tuesday, 5 November at 5.15pm. Jeremy Lack will present a seminar on applying neuropriciples to advocacy.

Jeremy Lack is a Door Tenant with Quandrant Chambers in London and specializes in designing and implementing international commercial dispute prevention and resolution processes. He is a Vice-Chair of the Independent Standards Commission of the International Mediation Institute (IMI), the Co-Chair of the Swiss Chamber of Commercial Mediation (Section Romande), and a panelist with AAA/ICDR, CMAP, CPR, IBMS, ICC, CMAP, INTA, IMI, SKWM/CSMC/SCCM, the Singapore Mediation Centre and WIPO. He has a MA Oxon degree in Physiological Sciences and in Jurisprudence from Lincoln College in Oxford.

The seminar has been organised by the ADR Committee and will be chaired by Angela Bowne SC. For full details, please click here.

4 November 2013

Bar Council business for September - October

Wed Oct 30 2013

Bar Council met on 19 September and 10 October 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 19 September and for 10 October 2013.

30 October 2013

Changes in Legal Aid Criminal Law Policy

Wed Oct 30 2013

In recent correspondence to the New South Wales Bar Association, Legal Aid has given notice of two policy changes affecting funding of criminal cases.

Funding of Defended Cases in the Local Court

Legal Aid funding of defended criminal matters in the Local Court will be restricted to cases "where there is a real possibility on conviction of a term of imprisonment, or where there are exceptional circumstances".

In recent correspondence, Legal Aid has advised that, for the purposes of this policy, a "term of imprisonment" does not include a community service order.

For the purpose of this policy “terms of imprisonment” includes:

  • A full-term gaol term
  • A suspended sentence (section 12 good behavior bond)
  • An intensive correction order, or
  • A home detention order.

It is anticipated that these changes will commence on Monday, 4 November 2013.

Funding for Mandatory Defence Disclosure

The mandatory case management provisions enacted by recent amendment to the Criminal Procedure Act 1986 (Chapter 3, Part 3, Division 3) apply to indictable proceedings in which an indictment is filed after 1 September 2013.

Those case management provisions include a requirement for mandatory defence disclosure. Compliance with the mandatory disclosure obligations involves significant additional work, in advance of a trial.

To date, Legal Aid has not received any additional funding to pay practitioners for the work involved in meeting the mandatory defence disclosure requirements.

It is not yet clear how the new case management provisions will operate in practice. As an interim measure, Legal Aid grants for indictable matters will include the following standard fee in relation to mandatory defence disclosure:

  • Conference with the accused – solicitor and barrister (up to 2 hours).
  • Preparation of notice of defence response – barrister only (up to 2 hours).

Legal Aid will also consider submissions for additional preparation and funding in ‘exceptional circumstances’.

Legal Aid will monitor how these interim measures operate in practice. To ensure that the impact of these changes, in particular the necessity to conduct any additional work, is understood, members are encouraged to make submissions for additional preparation where this is justified by the circumstances.

30 October 2013

CPD in November

Wed Oct 30 2013

A number of CPD seminars have been organised for November.

Wednesday, 13 November: The 2013 Forbes Lecture. Presented by Professor Diane Kirkby, LaTrobe University and Hilary Golder. Further details to follow.

Thursday, 14 November: **Consent Orders - terminology and finality.** Seminar organised by the New Barrister's Committee and presented by Awais Ahmad. For full details, please click here.

Tuesday, 19 November: Re June (No. 2) [2013] NSWSC 111: Who has a right to be heard in child care and protection proceedings?_ _Presented by His Honour Judge Myers AM, Louise Goodchils and Cheryl Orr and chaired by Chris Ronalds SC. Please click here for full details.

Wednesday, 20 November: Critical Debates on Counter-Terrorist Judicial Review. Presented by Prof. Fiona de Londras (Durham Law School, UK), Dr Fergal Davis (UNSW, Law) and Dr Jessie Blackbourn (UNSW, Law). For full details, please click here. Monday, 25 November: Inquests and Coronials. Presented by Ian Bourke and chaired by Jane Paingakulam. Seminar organised by the New Barristers' Committee. Further details to follow.

Wednesday, 27 November: Dealing with In-House Counsel. Panel featuring Alexandra Rose (Benevolent Society), Ian Hemmings SC and Nick Tiffen and discussion led by Richard McHugh SC. For full details, [please click here][4].

8 November 2013

[4]: counsel, 27 November 2013.pdf

15 Bobber for Her Hon Judge Sharron Norton SC and His Hon Judge Mark Williams SC

Wed Oct 30 2013

The 15 Bobber to celebrate the appointment of Her Hon Judge Sharron Norton SC and His Hon Judge Mark Williams SC to the District Court of New South Wales will be held on Friday, 29 November 2013. Speaking for Her Honour will be Andrew Lidden SC and for His Honour, Tony Bannon SC. 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, 21 November. 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

26 November 2013

Photographs for Find a Barrister or ID cards

Tue Oct 29 2013

Barristers who wish to have their photo on Find a Barrister or their identification card may use a portrait taken by a photographer for chambers or other professional purposes. Simply send it via email, in jpeg format, to Otherwise, the Bar Association has a facility to take a photo and upload it onto the website. Please contact reception via phone:(02) 9232 4055 or email.

29 October 2013

WLA Golden Girls Annual Lunch

Tue Oct 29 2013

The Women Lawyers Association of NSW invite you to join them at the Law Society of NSW for a "high tea" luncheon. The annual luncheon provides an opportunity for retired colleagues and life members to reconnect and impart their knowledge and experience to others. A rare occasion to be able to meet with some of the WLA's founding and pioneering women. All welcome. Please ensure you register prior to ensure adequate seating and catering. Cost $25pp in includes a ‘high tea’ luncheon and beverages.

29 October 2013

Junior Drinks

Tue Oct 29 2013

Need a break? Why not come and socialise with other under 6 barristers? Junior Drinks will be at the Local Bar, 161 Castlereagh Street, Thursday, 31 October 2013 at 5.30pm.

29 October 2013

Controversial UK anti-terror law now the subject of a movie

Tue Oct 29 2013

The risks that anti-terrorism laws pose to civil liberties, some of which have been the subject of submissions by the legal profession, are the focus of a new British movie, Closed Circuit. Eric Bana stars as counsel for the defence in a complex terrorism case in which a "special advocate" is given national security clearance to view classified material and the trial takes place in a closed session of the court. To find out where to see a preview, or to view a trailer, visit the movie's web site.

29 October 2013

Common Law Practice Update 41

Tue Oct 29 2013

The Bar Association's Common Law Committee has released Practice Update 41, which features case notes on: sections 69 and 104 of the Motor Accidents Compensation Act 1999 (NSW); s 151D of the Workers Compensation Act 1987 (NSW); the duty of care to subcontractors and more.

29 October 2013

TONIGHT: Tendency and Coincidence Evidence

Tue Oct 29 2013

Tonight at 5.15pm in the Bar Association Common Room, David Patch, Crown Prosecutor, will provide a high level discussion on tendency and coincidence evidence, including recent case law. Grant Brady will be chairing the session.

For full details, please click here.

29 October 2013

Election of 2014 Bar Council - the ballot

Mon Oct 28 2013

Ballot papers for the election of the 2014 Bar Council have been mailed to all those eligible to vote. Any member who did not receive their ballot paper by COB on Friday, 25 October and who wishes to cast a vote should contact the Association’s Certification Officer, Mr Barrie Anthony, on ph. 9232 4055 or e-mail

Members should take care to complete the ballot paper in accordance with the instructions provided. If any member has a query concerning the completion of the ballot paper they should contact the Bar Association for assistance.

The ballot closes at 1.00pm on Thursday 7 November 2013.

P.A. Selth Executive Director & Returning Officer

1 November 2013

Help Winmalee Rural Fire Brigade - a message from Anthony Black SC

Fri Oct 25 2013

I am writing in my capacity as captain of the Winmalee & Yellowrock Rural Fire Brigade. This brigade is financially capable of continuing operation only because of funds raised each year in our annual doorknock – usually about $30,000 per annum. That doorknock was to have taken place last weekend. It could not occur because of the devastating fire in Winmalee / Faulconbridge that started last Thursday, and is still uncontained. In addition, one of our two brigade stations has been completely destroyed, and all our equipment reserves have been given to out-of-State fire fighting task forces to enable co-ordinated fire fighting activities.

As a result of the two recent bushfires in Winmalee, the brigade has resolved to abandon the doorknock - our local community has endured a great deal in recent times.

If anyone wishes to assist in the financial recovery of the Winmalee Rural Fire Brigade, we would greatly appreciate your support. Donations can be made to:

Winmalee Rural Fire Brigade BSB – 062-601 Account No 0090 0310

Winmalee Brigade enjoys “Deductible Gift Recipient” Status with the Australian Tax Office. Should you require a receipt for income tax purposes, please contact me and one will be forwarded to you.

Many thanks,

Anthony Black SC Elizabeth Street Chambers

Two new life members

Fri Oct 25 2013

At its meeting on 24 October 2013, the Bar Council resolved unanimously that the Hon Margaret Beazley AO and the Hon James Allsop AO be made life members for exceptional service to the Bar Association and to the profession of the law.

25 October 2013

Toongabbie Legal Centre family law seminar

Fri Oct 25 2013

The Toongabbie Legal Centre will hold a one-day CPD seminar on family law on Saturday, 2 November 2013 at L4, 1 Horwood Place, Parramatta. Opening remarks will be delivered by her Honour Justice Margaret Beazley AO, president of the NSW Court of Appeal and patron of the Toongabbie Legal Centre. Speakers include his Honour Judge Harman of the Federal Circuit Court and Caroline Dobraszczyk, barrister at Trust Chambers. For more information, or to register, download a brochure.

25 October 2013

Justice Haylen appointed to NCAT

Thu Oct 24 2013

The Honourable Justice Haylen has been appointed as a part-time deputy president of the NSW Civil and Administrative Tribunal and as the division head of the Occupational and Regulatory Division of the tribunal for the period commencing on 28 October 2013 and expiring on 31 December 2014.

24 October 2013

User pays transcripts in the Land and Environment Court

Thu Oct 24 2013

On 28 October 2013, the Land and Environment Court (LEC) will introduce a new transcript provision system. All transcripts for civil matters (including daily transcripts) in the LEC will be produced by private transcription firms with the full costs to be met by the parties to the proceedings. Transcripts in criminal proceedings are not affected by this change. Learn more here.

24 October 2013

Constitutional and Admin Law Section Dinner

Thu Oct 24 2013

The Hon Robert French AC, chief justice of the High Court of Australia, will be the guest speaker at the annual dinner of the Constitutional & Administrative Law Section to be held on Thursday, 7 November 2013 at the Hyde Park Barracks Cafe. There are still seats available if you would like to attend. Please forward your cheques payable to NSW Bar Association no later than 30 October 2013 to reserve your place. Learn more here.

28 October 2013

Employment opportunities in PNG

Thu Oct 24 2013

The governments of Papua New Guinea and Australia are seeking applications from experienced legal advocates to fill three senior advisor positions based in Port Moresby.

The merit list for the legal advisor position may also be used to fill a fourth position in the Office of the State Solicitor focussing on procurement reform.

The successful candidates will be employed on a non-ongoing basis with the Australian Government Attorney-General's Department. The remuneration package will be commensurate with the conditions in Port Moresby and attract tax-free status. The positions will require relocation to Port Moresby.

Applications can be made through the department’s Online Application System. Inquiries about these interesting and challenging opportunities should be directed

24 October 2013

The College of Law 2014 Judges Series (ADVERTISEMENT)

Wed Oct 23 2013

The 2014 Judges’ Series consists of five sessions held over five evenings, with each evening addressing a key topic of interest to legal practitioners. The Judges’ Series provides legal practitioners with unique and valuable insights from current Supreme Court of NSW and Federal Court of Australia judges.

The series has been held biennially since 2000 and has been informative and beneficial for attendees because they have learned from judges in both courts about a range of important practical issues.

Topics include:

• Pleadings and Case Management • Affidavit Evidence • Professional Ethics, Court Etiquette and Witness Preparation • Subpoenas, Discovery and Interrogatories • Privilege and Public Interest Immunity

Speakers include:

• The Honourable Justice John Nicholas (Federal Court of Australia) • The Honourable Justice David Hammerschlag (Supreme Court of NSW) • The Honourable Justice Anna Katzmann (Federal Court of Australia) • The Honourable Justice Geoff Lindsay (Supreme Court of NSW) • The Honourable Justice Alan Robertson (Federal Court of Australia) • The Honourable Justice Arthur Emmett (Judge of Appeal, Supreme Court of NSW) • The Honourable Justice Jayne Jagot (Federal Court of Australia) • The Honourable Justice Francois Kunc (Supreme Court of NSW) • The Honourable Justice David Yates (Federal Court of Australia) • The Honourable Justice Paul Brereton AM RFD (Supreme Court of NSW)

Click here for more information and to register today.

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5 November 2013