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Refugee legal advice scheme in need of support

Tue Nov 19 2013

Recently, the Bar Association issued a media release condemning the Australian Government’s decision to axe the Refugee Review Tribunal Legal Advice Scheme. Now, the Refugee Advice and Casework Service (RACS) has written to the president of the Bar Association, warning of "funding cuts by stealth", in which the government fails to allocate clients to RACS. The service still has much work to do regarding temporary protection visas and is asking members of the New South Wales Bar to make a donation.

19 November 2013

Federal Court fee increases

Tue Nov 19 2013

The attention of members is drawn to recent changes to Federal Court fees which may affect the viability of proceeding in that court. For some interlocutory applications (particularly for asset preservation orders), filing fees are now $2,000 for an individual, $5,500 for most corporations and $8,250 for a publicly listed company. Daily hearing fees increase with the length of the trial and range from $860 to $4,315 per day for an individual, $2,100 to $11,175 per day for most corporations, and $3,150 to $16,765 per day for a publicly listed company. Details of the fees are available here. The report of a recent Senate Inquiry into the “Impact of federal court fee increases since 2010 on access to justice in Australia” is available here.

19 November 2013

Great Bar Boat Race - Registrations Close Tomorrow

Tue Nov 19 2013

2013 Great Bar Boat Race will be the 30th running of this annual event and this year an invitation has been extended to solicitors to join us for this wonderful day on the harbour. Entries will close tomorrow, Tuesday, 17 December. The race will be run on Monday, 23 December. The starting line is in the vicinity of Shark Island, finishing at Store Beach. Presentation of trophies will take place on Store Beach. All members who own (or who can borrow) a yacht, please download a flyer and registration form and enter the race! If racers would like to purchase a pennant for their boat, the Association has some available at reception for $10.

Insurance

The Bar Association’s current insurance policy does not cover this activity. It is a strict condition of entry that all skippers have arranged all appropriate insurance including third party, property and personal injury insurance, to cover themselves, their crew and their guests for the duration of the event.

Indemnity

All participants are required to sign the indemnity incorporated into the registration form to compete in the race.

16 December 2013

TONIGHT: Critical Debates on Counter-Terrorist Judicial Review

Tue Nov 19 2013

Tonight, 20 November, at 5.15pm, Professor Fiona de Londras (Durham Law School, UK), Dr Fergal Davis (UNSW, Law) and Dr Jessie Blackbourn (UNSW, Law) will discuss the apropriateness and quality of judicial review of counter-terrorist measures. The seminar will be chaired by Sarah Pritchard SC, chair of the NSW Bar Association's Human Rights Committee.

For full details please download a brochure.

20 November 2013

Common Law Practice Update 43

Mon Nov 18 2013

The Bar Association's Common Law Committee has released Practice Update 43, which features case notes on: sections 62, 63 and 92 of the Motor Accidents Compensation Act 1999 (NSW); ss 5B, 5D, 5G, 5L, 5S, 42 and 43A of the Civil Liability Act 2002 (NSW); and employers' duty of care.

November 2013

NILC conference condemns discrimination in NT communities

Mon Nov 18 2013

Delegates to the National Indigenous Legal Conference (NILC) 2013, held in Alice Springs on 24 – 26 October 2013 issued a statement condemning "the policies and practices being carried out by the Commonwealth government under "Stronger Futures" legislation and related policies" and called for their repeal.

Their statement reads:

_We the attendees of the National Indigenous Legal Conference (NILC) 2013 wish to express our condemnation of the policies and practices being carried out by the Commonwealth government under "Stronger Futures" legislation and related policies.

In August 2007, after suspending key provisions of the Racial Discrimination Act (RDA), the Commonwealth passed the Northern Territory Emergency Response (NTER) legislation. This legislation gave rise to blanket discriminatory laws affecting all communities on Aboriginal land in the Northern Territory.

In 2012 the NTER was superseded by the Stronger Futures Legislation. The RDA may have been reinstated, but blanket discriminatory measures remain.

As members and students of the Australian Legal fraternity we felt ashamed when we heard respected Elders address the conference telling us of the embarrassment they feel having to use the “Basics card” under the government’s income management provisions.

We feel ashamed when we hear of police entering the homes of respected Elders without the need for a warrant.

We feel ashamed because the law, which is our vocation, is allowing for practices and policies more at home in the infamous "protection" period of past generations.

There are a multitude of varied and complex issues facing some of these communities, not least of which is extreme poverty resulting from generations of chronic neglect. We know that some of our Brothers and Sisters require assistance to address these problems. This cannot happen effectively while we continue to ignore the voices of community and especially the voices of local Elders, Lawmen and Lawwomen.

We the attendees of the National Indigenous Legal Conference (NILC) call for the repeal of the Stronger Futures legislation and the imposition of compulsory income management.

We call upon Governments of all levels to listen to these communities and act with them, not for them.

Self Determination is a right of all peoples. It is also an internationally recognised right under Article 3 of the United Nations Declaration of the Rights of Indigenous People’s and its application is a foundational principle of Indigenous wellbeing.

We stand beside our Brothers and Sisters, Aunts and Uncles of the Northern Territory. Although we cannot share the burden of the oppression being perpetrated upon them, we can assist in making sure their plight no longer continues to go on unseen or their voices unheard.

Signed:_

Aboriginal Family Violence Prevention & Legal Service (FVPLS) Victoria; Aboriginal Legal Service Western Australia (ALSWA); Aboriginal Legal Rights Movement (ALRM); Central Australian Aboriginal Legal Service (CAALAS); Darcy McEwan; Dr. Jennifer Nielsen; Indigenous Lawyers Association of Queensland (ILAQ); Marcelle Burns; Ngalaya Aboriginal Corporation; and the North Australian Aboriginal Justice Agency (NAAJA).

18 November 2013

Examination Power Workshop (ADVERTISEMENT)

Mon Nov 18 2013

Open Door Productions is pleased to announce its 2013 Examination Power workshop, scheduled for Sunday, 24 November, with an alternative option of Sunday, 1 December. (There will be one workshop only). The ‘Examination Power’ one-day intensive workshop focuses on how barristers can maximise questioning techniques in the Examination in Chief and Cross-Examination phases of the trial to get the most from witnesses and underpin their case theory.

In a process similar to an ‘actors’ workshop’, participants practise and analyse questioning sequences in detail, using a detailed case study in which two facilitators will role-play all witnesses, demonstrating emotionally-realistic personalities. Find out more about the series through this link. Places are limited to ten, so to reserve your place, register your interest by contacting Open Door Productions directly on info@odp.com.au or call: 0414 414 658.

18 November 2013

International Law Association Christmas speech

Mon Nov 18 2013

Bret Walker SC will present the International Law Association's annual Christmas speech on 'Surveillance, Secrecy and a Fair Trial', on Thursday, 12 December 2013 from 5:30pm to 7:00pm at the offices of Baker & McKenzie, Level 27, AMP Building, 50 Bridge Street.

Mr Bret Walker SC is the Independent National Security Legislation Monitor and brings a unique perspective to this important topic. Prior to Mr Walker’s presentation the Annual General Meeting of the Australian branch will be held from 5.00pm. ILA Members: $10.00, Non-members: $20.00, payment at the door. RSVP to secretary@ila.org.au or to the president, Dr Christopher Ward at cward@12thfloor.com.au

11 December 2013

Queensland appoints QCs

Fri Nov 15 2013

The Bar Association of Queensland has announced the appointment of 13 new QCs. The appointments are the first appointments of queen’s counsel since 1993. The appointments were made on the recommendation of the Honourable Paul de Jersey AC, chief justice of Queensland. The appointees are:

Helen Patricia Bowskill Thomas Joseph Bradley Catherine Elena Carew Peter Alan Hastie David Robert Kent Mark David Martin Timothy Matthews Damien Peter O'Brien Adam Michael Pomerenke Mark Louis Robertson Soraya Mary Ryan Rebecca Mary Treston Manuel Michael Varitimos

The appointments have been gazetted today.

15 November 2013

Bar FC (almost) triumphs again!

Fri Nov 15 2013

A depleted Bar FC travelled to the Kings School, Parramatta, to see how some of our education funding is spent and to participate in the Law Firm & Finance Challenge Cup on Sunday 10 November 2013. A lean outfit led by Captain Harris and assisted by two budding readers, who assured us they were just about to sit the bar exams, put in a good showing against younger and fitter opposition. Who would have thought that there were that many Solicitors in Sydney with English and Spanish accents?

Game 1 saw Bar FC burst out of the blocks with a forfeit. The team needed little motivation to triumph 2-1 over the fill-in team from LexisNexis. Mere mention of the fees paid over the last 12 months was all the motivation we needed.

Game 2 was a spiteful encounter in which an over exuberant representative from Kemp Strang with possible anger management issues received a yellow card after going studs up into keeper Harris (silly boy) and attracted another yellow and a red for taking out controversial striker David “Patchildinho” Patch with a high boot to the face! Fortunately, Patchy’s kissing lip is still in impeccable (or so he says) order notwithstanding the two stitches that he received. With Patchildinho gone, the heavy responsibility of being our star striker shifted to di Michael, who responded by scoring all of our goals in a 3 - 3 draw.

The third game against Gadens ended in a 1 – 0 loss largely due to tired defence being offset by sensational keeping at both ends of the park.

Bar FC then squeaked into the play offs after finishing third in its group. Magee departed for a 2:00 pm conference with Senior Counsel and the numbers dwindled. (Some people just need to get their priorities sorted!) The first round of the knock-outs saw Bar FC drawn against Perpetual who had scored 22 goals to none against in their preliminary games. The depleted Bar FC called for reinforcements who arrived in the shape of another potential reader. A spirited defensive effort, masterminded by a fitter looking Turnbull SC (who moved to the midfield) and Jedrzejczyk saw Bar FC lose 2-0 in the first round of the play offs.

A sensational day and a fine effort. Thanks to all those who helped out and well done to our three helpers who have now successfully completed the first part of their 2014 Reading requirements!

15 November 2013

Next meeting of the Bar Book Club

Fri Nov 15 2013

The next meeting of the Bar book club will also be our end of year dinner. It will be held on Tuesday 10th December 2013 and the proposed venue is Fix St James. Please register your interest by emailing library@nswbar.asn.au by 18 November if you’d like to come. Further details will be provided once numbers are finalised. And what better to discuss at dinner than the essay Consider the Lobster by David Foster Wallace. It’s available in this collection of essays or as originally published here. Also, the holiday read has been selected. It is this year’s Booker prize winner, The Luminaries by Eleanor Catton. A date to discuss this book will be announced in the new year.

15 November 2013

Bar Library opening times

Fri Nov 15 2013

The Bar library will be closed from 12pm today for the Bar Association Christmas lunch. It will be open tomorrow for any last-minute requests. The library will be closed from Monday, 23 December 2013 to Friday, 18 January 2014. It will be open again on Monday, 20 January 2014 to Friday, 24 January 2014 between the hours of 9am and 5pm. Normal opening hours will resume from Tuesday, 28 January 2013.

17 December 2013

This week in CPD

Fri Nov 15 2013

Wed**nesday, 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.

Thursday, 28 November: Same-Sex Marriage Legislation: constitutional law perspectives. To be presented by Professor Anne Twomey and Perry Herzfeld and chaired by The Honourable Justice Pepper. For full details, please click here.

25 November 2013

Media watch

Thu Nov 14 2013

President Phil Boulten SC's defence of the judiciary and his critique of the NSW Government's proposed ''one-punch'' laws have not gone un-noticed by Ray Hadley and other elements of the media. The Sydney Morning Herald quotes Mr Boulten as saying: "Rather than simply proposing reactive changes to the criminal law on the run, the government needs to look at liquor industry reform to strengthen restrictions on the availability of alcohol". In addition, the president was interviewed this morning on 2SM. Transcripts are available in the Bar Library.

14 November 2013

NCAT update

Thu Nov 14 2013

The cognate New South Wales Civil and Administrative Tribunal Bills passed the Legislative Council last night after it passed the Legislative Assembly earlier in the week. A copy of the debate and committee stages from Hansard can be viewed here.

14 November 2013

Latest member benefits

Thu Nov 14 2013

Members of the New South Wales Bar Association enjoy access to a first-rate benefits program, designed to meet the requirements of local barristers. The service partner, MBA Benefits, has negotiated special offers on luxury motor vehicles, premium wines, petrol discounts, care hire and more. Learn more here.

14 November 2013

Call for submissions: NSWLRC review of the parole system

Thu Nov 14 2013

The NSW Law Reform Commission is reviewing the parole system in NSW. Question Papers 1-3 were released in September 2013, seeking stakeholders’ views on the design and objectives of the parole system, the membership of the State Parole Authority and Serious Offenders Review Council, and the way discretionary parole decision making is done.

The NSWLRC has now released Question Papers 4 and 5 to obtain stakeholders' views on specific apsects of parole. The closing date for submissions on Question Papers 4 and 5 is Friday, 20 December 2013.

Question Paper 4 discusses the way case management in custody prepares offenders for parole and looks at the management of parolees in the community.

Question Paper 5 examines the State Parole Authority’s powers in relation to breach and revocation of parole, home detention and intensive correction orders.

All five Question Papers, as well as information about how to make a submission are available on the NSWLRC website.

Submissions normally will be published on the NSWLRC web site. If you require further information, please do not hesitate to contact Stephanie Button on (02) 8061 9334 or stephanie_button@agd.nsw.gov.au

14 November 2013

CPD Conference Dates 2014

Wed Nov 13 2013

The Bar Association's CPD conference program for 2014 will be released shortly. In the meantime members may wish to note the dates and venues:

Saturday 22 March 2014 - North Coast

Saturday 1 and Sunday 2 March 2014 - Orange

Saturday 8 March 2014 - Newcastle

Saturday 15 March 2014 - Personal Injury / Common Law Conference, Sydney

Saturday 22 March 2014 - Parramatta

Saturday 29 March 2014 - Sydney

Programs and registration forms will shortly be available on the Association's website and through In Brief.

14 November 2013

Art Gallery of NSW - Guided Tour, Wednesday 27 November 2013

Wed Nov 13 2013

“America - painting a nation” at the Art Gallery of NSW. Members are invited to come on a guided tour of “the most expansive historical survey of American art ever presented in Australia, from the colonial era to the mid-20th century.” The tour is on Wednesday, 27 November 2013 at 6:30pm and costs $25.00. For further information, contact Nicholas Newton, nnewton@stjames.net.au or David Robinson, robinson@stjames.net.au.

14 November 2013

Media watch

Wed Nov 13 2013

President Phil Boulten SC was interviewed on ABC TV last night and on ABC 702 Breakfast with Adam Spencer, regarding the NSW Government's proposal for "one-punch" assault laws following the sentencing of Kieran Loveridge. Copies of the transcripts are held in the Bar Library.

13 November 2013

Pregnancy discrimination - online submissions

Wed Nov 13 2013

The Australian Human Rights Commission is conducting a national review on the prevalence, nature and consequences of discrimination in relation to pregnancy at work and return to work after parental leave. Online submissions to the national review are now open. Learn more here.

13 November 2013

This week in CPD

Wed Nov 13 2013

Tues**day, 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 Goodchild 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.

15 November 2013

Bench and Bar versus Solicitors Golf Day

Wed Nov 13 2013

The annual Bench & Bar v Solicitors Golf Day will be held at Manly on Thursday, 23 January 2014. Further details to follow in the near future.

13 November 2013