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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 tosgp@ag.gov.au

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.

Are you receiving information about upcoming programs from The College of Law? Click here to sign up to our newsletters.

5 November 2013

NSW barristers win awards

Tue Oct 22 2013

Two barristers from New South Wales made a clean sweep at the Lawyers Weekly Women in the Law Awards last Friday. Chrissa Loukas SC (Public Defenders Chambers) won the Senior Barrister Award, while Dr Ruth Higgins (Banco Chambers) took out the Sheahan Lock Partners Junior Barrister Award.

22 October 2013

Australian Association of Constitutional Law (AACL) seminar

Tue Oct 22 2013

The next AACL seminar is on tonight at 5:30 pm (Federal Court, Court 18B). Dr Gabrielle Appleby (Adelaide Law School) will present a paper entitled "State Law and Order Regimes and the High Court: Past, Present and Future". The commentators are Mr Bret Walker SC and Mr Nicholas Cowdery AM QC. The seminar will be chaired by the president of the Court of Appeal, the Hon Justice Margaret Beazley AO.

The seminar is for members only. But membership is only $50 a year (for 5-6 seminars and other benefits). Applications for membership can be made at the door. More information on this and other seminars is available here.

23 October 2013

Surfing lawyers raising funds to fight malaria

Tue Oct 22 2013

The Australian Lawyers Surfing Association (ALSA) has again entered a team in the Surfaid Cup to be held on Friday, 1 November 2013 at Queenscliff. The team hopes to raise $700 for Surfaid to help them eradicate malaria in Indonesia. You too can help by logging onto Everyday Hero to make a donation. Membership of ALSA is free and you receive priority for ALSA conference registration. To join, just log onto www.surfinglawyers.com.au.

29 October 2013

Farewell ceremony for Magistrate Mary Jerram

Tue Oct 22 2013

There will be a ceremonial sitting of the Local Court to farewell the state coroner, her Honour Magistrate Mary Jerram, on Wednesday, 30 October 2013 at 9.00am in Glebe Coroner's Court. Ian Temby QC will speak on behalf of the New South Wales Bar. Wigs and gowns are not to be worn.

22 October 2013

Election of 2014 Bar Council - the ballot

Mon Oct 21 2013

Ballot papers for the election of the 2014 Bar Council have been mailed to all those eligible to vote. Any member who has not received their ballot paper by COB Friday, 25 October and who wishes to cast a vote should contact the Bar Association’s certification officer, Mr Barrie Anthony, on ph: 9232 4055 or e-mail certification@nswbar.asn.au.

How many candidates may you vote for?

Members may vote for up to 21 candidates in any category.

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

21 October 2013

12 Wentworth Selborne Chambers International Arbitration Conference - Singapore (ADVERTISEMENT)

Mon Oct 21 2013

12 Wentworth Selborne Chambers in conjunction with the International Chamber of Commerce, Latham & Watkins and Stephenson Harwood is holding an International Arbitration conference in Singapore. Panelists and speakers from the 12th Floor include Dr James Renwick SC, Daniel Meltz, Terry Mehigan, Angus Stewart and Dr Chris Ward with other notable speakers attending from London, Hong Kong and Singapore. The event entitled "Arbitrating Disputes in South East Asia: Current Best Practices and Potential Reform" will be held on 3 December 2013 at the Westin Hotel.

13 November 2013

Criminal Defence Lawyers Association Dinner

Fri Oct 18 2013

The NSW Criminal Defence Lawyers Association’s Annual Dinner will be held on Thursday, 31 October 2013 at Dockside – The Balcony Level, Cockle Bay Wharf. Arrive at 6:00pm for drinks for a 6:30pm dinner. Download an invitation and RSVP form. RSVPs by Wednesday, 23 October to secure early-bird pricing.

18 October 2013

Changes to Federal Circuit Court form

Thu Oct 17 2013

The chief judge of the Federal Circuit Court has approved changes to the application form regarding draft consent parenting orders and allegations of abuse or family violence. A copy of the new form can be obtained here.

17 October 2013

Next meeting of the Bar Book Club

Thu Oct 17 2013

The next meeting of the Bar Book Club will be held on Tuesday, 12 November at 6pm in the Bar Library. The story for discussion will be The Bear Came Over the Mountain _by Alice Munro, this year’s Nobel Prize laureate. It was the basis for the film _Away From Her. It is available in the collection _Hateship, Friendship, Courtship, Loveship, Marriage _or you can find a copy here.

7 November 2013

Cocktails and canapes to celebrate the appointment of female senior counsel for 2013

Thu Oct 17 2013

The Women Barristers Forum, in association with Women Lawyers Association of NSW, invites members of the New South Wales Bar to join them for cocktails and canapes to celebrate the appointment of Julia Baly SC, Sally Dowling SC, Michelle Painter SC, Helen Wilson SC, Penny Wass SC, Rashelle Seiden SC and Margaret Allars SC. The event will be held at Verandah, 55-65 Elizabeth Street on 21 November 2013 at 5.30pm-7.30pm. More information, and an RSVP slip, is available here.

18 November 2013

Family Law Settlement Service Panel: expressions of interest close on Friday

Thu Oct 17 2013

The Family Court of Australia and the Federal Circuit Court of Australia in conjunction with the Law Society of NSW and the NSW Bar Association are appointing a panel of mediators with family law experience to be available to conduct flat fee property mediations for the Family Law Settlement Service. Appointments will be for a period of two years. Please note that appointment to the Panel does not guarantee family law mediation work.

Following a review of the 2012 pilot service, the courts have stipulated new minimum qualifications and experience for eligible panel members.

Expressions of interest are being sought from barristers with the following qualifications and experience:

  1. Accreditation as a mediator with the NSW Bar Association; and/OR
  2. Accreditation as a Family Dispute Resolution practitioner; and
  3. A current NSW Bar Association Practising Certificate; and
  4. Demonstrated substantial involvement in the area of family law in the 3 years prior to application; and
  5. Demonstrated that the time devoted to this area of practice, in each year of the past 3 years, is not less than 25% of normal full-time practice; or
  6. If you are unable to meet the above criteria (for example, if you have had an illness or been on parental leave), but still wish to be considered for the FLSS Panel, demonstration of your family law mediation and litigation experience.

Under the arrangements agreed with the courts, mediations will involve 2 hours towards preliminary conferences and reading and 3 hours for a mediation session at a flat fee of $1,500.00 excluding GST payable.

The venue for the mediation will be arranged by the mediator in consultation with the parties. Any cost of hiring a venue will be an additional cost payable by the parties.

Barristers who wish to apply be part of the Service should complete the application form and return to Jo Wilton at the Bar Association by e-mail jwilton@nswbar.asn.au by Friday, 8 November. Please note that late applications will not be accepted.

7 November 2013

Swearing-in for Robertson Wright SC

Wed Oct 16 2013

Robertson Wright SC will be sworn-in as a Supreme Court judge and as the inaugural president of the NSW Civil and Administrative Tribunal (NCAT) on 25 October 2013 at 9.00am in the Banco Court. Attorney General Greg Smith SC will speak on beahalf of the bar. Learn more here.

21 October 2013

Mediator chat and twilight drinks

Wed Oct 16 2013

The Mediation Practice Group will be hosting a ‘Mediator Chat’ and twilight drinks tonight, from 5.30-7pm at Silks Cafe. The proposed topic for the light hearted “chat” to commence at 6pm, with discussion to follow, is “BATNA, WATNA – we should ban mediator jargon.” Peter Callaghan SC and Alison Stenmark SC will lead the “chat”. The cost is $30 per head payable in cash at the door, and will include 2 drinks (wine/beer/soft drink or mineral water) and assorted canapes.

It is not too late to RSVP to Julie Soars on 8224 3017 or soars@sevenwentworth.com.au or Deborah Robinson on 8224 3008 or robinson@sevenwentworth.com.au

Attendees are entitled to claim 1 point towards continuing professional education for the purposes of mediator accreditation/re-accreditation.

22 October 2013

Examination Power Workshop (ADVERTISEMENT)

Wed Oct 16 2013

Open Door Productions is pleased to announce its 2013 Examination Power workshop, scheduled for Sunday, 24 November. 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.

11 November 2013

Federal Court News - Replacement of Approved Form 21 and Practice Note CM 17

Mon Oct 14 2013

On 9 October 2013 the Chief Justice of the Federal Court revoked Approved Form 21 – Opt Out Notice approved for the purposes of the Federal Court Rules 2011. At the same time he approved a revised version of this form. The amendment to the form inserts an address to which the completed form should be sent.

Approved Form 21 is reproduced as the last page in Schedule A to Practice Note CM 17 “Representative Proceedings commenced under part IVA of the Federal Court of Australia Act 1976 (Cth)”. Consequential on the replacement of Approved Form 21 and, with effect from the same date, Practice Note CM 17 was also revised. There are two changes. Firstly the revised Approved Form 21 replaced the old form in Schedule A. Second, an explanatory paragraph is inserted into the Introduction of the practice note as a new para 1.1. The existing paragraphs in the Introduction are renumbered as paras 1.2 and 1.3 respectively.

View the new Approved Form 21 and the revised Practice Note CM 17

14 October 2013

TONIGHT: Causation in Equity

Mon Oct 14 2013

Tonight, Wednesday, 16 October at 5.15pm, Demot Ryan SC will present a seminar on "Causation in Equity". The seminar will be held in the commor room and will be chaired by Dr Rory Derham. For full details, please click here.

16 October 2013

TONIGHT: Bar meeting on Biometric Identification Devices for access to prisons

Fri Oct 11 2013

The president of the Bar Association has recently been advised by the commissioner for corrective services that Corrective Services NSW intends to standardise access control to prisons ‘in the context of safety and security.’ Corrective Services have concluded that there is no reasonable justification to retain the exception for legal practitioners from a requirement to register on a Biometric Identification Device (BID). No other groups of visitors are currently exempt including police, both state and federal.

It is suggested that this requirement will come into effect on 1 December 2013. It is intended that on a lawyer’s first visit to a correctional centre after that date, where a BID is in place, lawyers will need to register on the BID and will then be recorded as a professional visitor.

Within 24 hours of registering, lawyers will be on the BID system state wide, and will not need to re-register if they subsequently attend a different centre. Once registered, all visitors are required to have their identity verified when they enter and when they leave a correctional centre. For the purposes of initial identification, legal practitioners should present a current valid identification card, issued by either the Law Society or by the Bar Association.

Comments are invited from the Bar Association in relation to the proposed changes and have also been sought from the Law Society.

The Bar Association and the Law Society have a representative on the recently revived CSNSW legal practitioners consultancy group. At the last meeting of that group, where this proposal was raised, concern was expressed that the priority of access to gaols by lawyers in the context of the rights of prisoners to consult and instruct their lawyers must be ensured in any new policy. Processing of lawyers’ visits should reflect that, i.e. they should not be held up unduly, if at all, by a requirement to be subject to BID access.

In order to inform the Bar Association’s response to the proposal, a meeting of interested Barristers and Solicitors will be held on 28 October at the Bar Association Common Room, starting at 5 o’clock. It is understood that this proposal may be of concern to many members. It is also the case that there remain ongoing issues for practitioners in getting into and out of prisons to do their professional duties and that there will be other associated issues that may need to be canvassed.

The meeting will be chaired by Graham Turnbull SC, the bar’s representative on the consultancy group, along with Pauline Wright, the Law Society’s Criminal Law Committee.

Luke Grant, Corrective Services’ assistant commissioner, strategic policy and planning, will be in attendance to explain the proposal and respond to concerns raised.

28 October 2013

Final reminder - nominations for 2014 Bar Council

Fri Oct 11 2013

Members are reminded that nominations for election to the 2014 Bar Council close at 4.00pm on Monday 14 October 2013. Any member who has not received a nomination form can obtain one from the Bar Association’s Reception (ph: 9232 4055; fax 9221 1149 or e-mail reception@nswbar.asn.au).

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer. A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact Mrs Corinne Gilbert at the Bar Association on ph: 99229 1754, or e-mail cgilbert@nswbar.asn.au.

PA Selth Executive Director & Returning Officer

11 October 2013