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TONIGHT: Innovative practices: the contributions of international courts and interpreter users to interpreting quality

Tue Oct 01 2013

Tonight **at 5.15.pm Professor Ludmila Stern from the University of New South Wales **will present a seminar entitled Innovative practices: the contributions of international courts and interpreter users to interpreting quality.

The seminar has been organised by the NSW Bar Association's Equal Opportunity Committee. For full details please click here.

1 October 2013

DOORS National Information Sessions

Mon Sep 30 2013

The Family Law Section of the Law Council of Australia will present a national series of information sessions about the DOORS (Detection of Overall Risk Screen) Framework. DOORS helps professionals in the family law system to identify safety risks for clients, and particularly risks to those families exposed to family violence and child abuse. Sessions will be held in Sydney on Wednesday, 9 October and in Parramatta on Monday, 14 October. For more information about DOORS, or to register, visit the website of the LCA Family Law Section.

30 September 2013

Web watch: Why Scandinavian prisons are superior

Mon Sep 30 2013

As Attorney General Greg Smith SC aims to reduce incarceration and recidivism rates in NSW, it's worth reading this article in the Atlantic Monthly contrasting the American and Scandinavian approaches to prisons. Some issues are applicable to Australia, such as the electoral roots of mandatory sentencing, "tough on crime" policies and their disproportionate impact on Indigenous people. The problem lies in how "others" are perceived:

In 1993, Norwegian criminologist Nils Christie (a major influence on Scandinavian penal policy) ... concluded that the more unlike oneself the imagined perpetrator of crime, the harsher the conditions one will agree to impose upon convicted criminals, and the greater the range of acts one will agree should be designated as crimes. [M]andatory sentencing ... not only results from, but widens social distance. The harshness of the punishment that fearful voters are convinced is the only thing that works on people who don’t think or act like them becomes a measure of the moral distance between these voters and people identified as criminals.

Read the article here.

30 September 2013

Positions vacant: part-time members of the Guardianship Tribunal

Mon Sep 30 2013

The Honourable Greg Smith SC MP, Attorney General, is seeking applications from qualified persons for appointment as part-time legal members of the Guardianship Tribunal. More information about the tribunal, its terms of appointment and how to apply, can be obtained here. Applications in Word or PDF, accompanied by a detailed curriculum vitae and the names of at least three referees, must be completed online by 20 October 2013.

30 September 2013

Defence Abuse Response Taskforce - Request for Tender

Fri Sep 27 2013

The Defence Abuse Response Taskforce released a Request for Tender (RFT) today, 27 September 2013, seeking suitably qualified and experienced facilitators to conduct Restorative Engagement Conferences as part of the Taskforce’s Restorative Engagement Program. Practitioners with experience in mediation, restorative justice, restorative practice, conciliation, facilitation or similar processes may be interested in this tender. The tender closes at 2:00pm Canberra time on Tuesday, 22 October 2013.

To view the Provision of Facilitator Services for the Restorative Engagement Program RFT, you will need to log on to AusTender or register as a new user at https://www.tenders.gov.au/ The AusTender ATM ID for this RFT is D13 290902.

All queries related to the published RFT should be forwarded to DARTREFacilitators@ag.gov.au

27 September 2013

Northern Territory Bar Association Conference 2014

Fri Sep 27 2013

The Northern Territory Bar Association will hold its 2014 Conference in Dili, Timor Leste, on 9-13 July 2014. For more information, or to express your interest in attending, visit the conference organiser's web site.

27 September 2013

Legal history: NSW Silk appointments (1856-2012)

Fri Sep 27 2013

You might be aware that on 6 June 1856 John Hubert Plunkett became the first person to take silk in New South Wales. But who was next after Plunkett? Were there years in which no silk were appointed? The answers lie in the Bar Association's list of silk appointments in NSW (1856-2012), which you can view here. It should be noted that those who first took silk in another jurisdiction have been omitted from this list. One example would be Ian Barker QC. The New South Wales Government did not always announce new queen's counsel in a consistent or methodical way, so meticulous research was required to compile this list. That said, members are encouraged to contact the executive director if they believe that a name should be added to this list.

27 September 2013

Reminder: James Spigelman to give Academy of Law Patron's Address

Fri Sep 27 2013

The Australian Academy of Law (AAL) will hold the second of its annual Patron’s Addresses on Friday, 4 October 2013, at 5.30pm in the Banco Court, Level 13, Queen’s Square. The address will be delivered by the Hon James Spigelman AC QC. The inaugural Patron’s Address was delivered in 2012 by the Patron of the AAL, Chief Justice Robert French AC.

The AAL is a broadly-based and permanent body, comprising individuals of exceptional distinction from all parts of the legal community—elected from the judiciary, legal practitioners and legal academics—united in a common goal of advancement of the discipline of law and the justice system. A distinctive feature of the AAL is that its Fellows provide a ‘bridge’ linking and uniting the judiciary, academia and the legal profession in Australia.

The title of Mr Spigelman’s address will be: ‘Lions in Conflict: Ellesmere, Bacon and Coke—the Prerogative Battles”. His interest and expertise in this and other aspects of legal history are well known. In fact the lecture will be the third in a series, of which the earlier two are: ‘Lions in Conflict: Ellesmere, Bacon and Coke—the Years of Elizabeth’ (2007) 28 Aust Bar Rev 254; and ‘Lions in Conflict: Ellesmere, Bacon and Coke---Treason and Unity’ (2008) 30 Aust Bar Rev 144. Mr Spigelman recommends that attendees come to the lecture on 4 October having read the two published articles. All three form a chronological sequence and he will speak on the assumption that the audience has a general familiarity with the background.)

The lecture will be followed by drinks and savouries. Admission to the event will be free but registration is essential for catering purposes. Therefore, please RSVP by 1 October to: rosalind.croucher@alrc.gov.au

If this conference is relevant to your professional development, you may claim one MCLE/CPD point for each hour of attendance — refreshment breaks not included. Download a flyer here.

27 September 2013

Position vacant: Disciplinary role at the NSW Building Professionals Board

Fri Sep 27 2013

The Building Professionals Board (BPB) wishes to retain the services of a retired judicial officer to assist the board in exercising its disciplinary powers and functions. Expressions of Interest will close on Friday, 18 October.

The BPB is established under the Building Professionals Act 2005. Its responsibilities relate to key elements of the building regulation system in NSW, including:

  • Maintaining an accreditation system, specifying qualifications, skills, and experience required for building certifiers (both in private practice and employed by local Councils)
  • Investigating complaints and imposing disciplinary measures such as fines and loss of accreditation.
  • Providing policy advice and technical support for the work of certifiers.

The board’s secretariat is staffed by public servants from the Department of Planning and Infrastructure, whose duties include investigating complaints about the conduct of accredited certifiers.

If complaints are found to be sustained, the board may exercise its powers to impose cautions or reprimands, place conditions on accreditation, or for more serious misconduct, impose fines or cancel accreditation. The board’s decisions may be reviewed by the Administrative Decisions Tribunal.

The Board wishes to appoint a retired judicial officer (and possibly another to provide backup) to assess the outcome of investigations and to make recommendations as to an appropriate course action.

An appropriate retainer and sitting fees will be negotiated with the successful applicants. Further information is available on the board’s website: www.bpb.nsw.gov.au or by contacting the president, Mr George Maltabarow on:

Mobile: 0419607483 Email: George.maltabarow@bpb.nsw.gov.au

27 September 2013

Intensive residential course in mediation (ADVERTISEMENT)

Thu Sep 26 2013

Expressions of interest are now open for the highly regarded ACDC mediation training to be conducted in Kuala Lumpur from 11 to 16 November 2013. An Expression of Interest flyer can be obtained here.

This intensive residential course in mediation is designed for people who wish to become mediators, who are involved in, or organise, mediation processes or who wish to have a greater understanding of the skills involved in mediation. The first five days will comprise theory and workshop exercises to educate participants in the theory and practice of mediation. The sixth day is for participants wishing to become accredited Mediators. The course is supported by the Australian and Malaysian branches of CIArb.

On successful completion of the course including the accreditation day candidates:

  • will be accredited as mediators by the Australian Commercial Disputes Centre;
  • will satisfy the educational requirements under the Australian National Mediator Accreditation System;
  • are entitled to apply to become members of the KLRCA mediation panel;
  • will satisfy the requirements of the Chartered Institute of Arbitrators to join their local branch in the mediation stream.

Places in the course will be limited so if you are interested express your interest as soon as possible.

Further information on ACDC mediation training is available here.

For further information about the course in Kuala Lumpur and to express interest in attending, please contact:

John Wakefield Telephone: +612 9390 8302 Mobile: +61 0414 258 525 Email: john.wakefield@holmanwebb.com.au

18 October�2013

Art Gallery NSW evening tours

Thu Sep 26 2013

Last night a group of barristers had a very enjoyable guided tour of the Sydney Moderns Exhibition at the Art Gallery of NSW. Anyone who is interested in joining future trips to the Art Gallery and/or exhibitions at other galleries should contact Nicholas Newton or David Robinson SC.

26 September 2013

NSW v Victoria Bar Hockey

Thu Sep 26 2013

This year's NSW v Victoria Barristers Hockey Match will take place in Melbourne on 26 October 2013 at 2.00pm at the Hawthorn Hockey Centre. There will also be a dinner that night at a venue to be advised. If you would like to play, please contact Andrew Scotting at 13 St James' Hall Chambers on ph: (02) 9335 3080 or email by tomorrow, 27 September. Hockey playing offspring are invited and encouraged.

26 September 2013

NCAT Project Update

Thu Sep 26 2013

The NSW Civil and Administrative Tribunal (NCAT) will begin operations on 1 January 2014. A Corporate Services Coordinating Committee is working on the integration of corporate service functions of different tribunals. The eighth edition of the NCAT newsletter is out now and features an update on the expected introduction of the NCAT legislation.

26 September 2013

NSWCCL 50th anniversary dinner

Thu Sep 26 2013

Members are invited to the NSW Council for Civil Liberties 2013 annual dinner. The Hon Justice Carolyn Simpson will reflect on the NSWCCL's first 50 years of achievements. The dinner will be held on Friday, 25 October 2013 at 6.30pm for 7.00pm at the Sky Phoenix Restaurant, L6, Shop 6001 Westfield CBD Plaza, 188 Pitt Street, Sydney. Bookings close on Monday, 14 October 2013. Learn more here.

26 September 2013

The Charlie Perkins Scholarships are now accepting applications for 2014

Wed Sep 25 2013

Each year the Charlie Perkins Scholarship Trust offers two scholarships for Indigenous postgraduates to study for up to three years at either Cambridge or Oxford universities. To be considered for the Scholarship, applicants must have applied for a course at Cambridge and/or Oxford. Applicants must also submit:

  • a cover letter
  • a curriculum vitae
  • an official transcript of university results
  • confirmation of Aboriginal or Torres Strait Islander descent
  • details for two academic referees (email and telephone numbers)

Before contacting the Trust, please visit the Perkins Trust website www.perkinstrust.com.au for more detail about the required documents.

Please note that applications will close at 5pm AEST on Thursday 31 October 2013. The Charlie Perkins Scholarships will only be awarded to students who are accepted to study at either Cambridge or Oxford. In most instances, this will require a First Class Honours degree or a very strong Second Class Honours degree.

If you require any clarification on the information contained on the website, please do not hesitate to contact Tess Crellin on tess.crellin@auroraproject.com.au

For more information on scholarships available for Indigenous undergraduate and postgraduate students, please visit www.indigenousscholarships.com.au

25 September 2013

TONIGHT: Junior Drinks

Wed Sep 25 2013

**Why not take the time to socialise with other juniors? Junior Drinks will be at the Lobby Bar, 151 Castlereagh Street, tonight, 26 September 2013 at 5.30pm**.

26 September 2013

Reminder - Nomination forms for election of the 2014 Bar Council

Wed Sep 25 2013

Members are reminded that nominations for the 2014 Bar Council must be received by the Returning Officer by 4.00pm on Monday 14 October 2013.

Nomination forms have been posted to all members. The form is also available from the 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 the Association on ph 9232 4055.

P.A. Selth Executive Director & Returning Officer **3 October 2013 **

Sports Law Conference a huge success

Tue Sep 24 2013

The 3rd Annual Sports Law Conference was held on 21 September 2013 in the 12 Wentworth Selborne Chambers mediation rooms. The conference was chaired by the Hon Justice Geoff Lindsay of the Supreme Court of NSW and was attended by approximately 30 barristers drawn from the bars of NSW, Queensland and Victoria. Also in attendance were the Hon Justice Colin Forrest (Family Court of Australia), the president of the NSW Bar Association, Philip Boulten SC and the Hon Trish Kavanagh (formerly of the Industrial Court of NSW).

The theme for this year’s conference was the ever-topical anti-doping in sport. Michael Gleeson, John Marshall SC, Simon Philips and Graham Turnbull SC spoke at the conference. The informative and entertaining presentations were, by all accounts, exceptionally well-received.

The organisers would like to thank all those who participated in the conference.

The conference raised $2,000 which will be donated to CanTeen to help support teenagers battling cancer.

The Sports Law Conference will be held in Brisbane next year on a date in September/October to be advised. Any enquiries regarding the Conference including expressions of interest to present papers should be directed to Anthony Lo Surdo SC (9223 3181 or losurdo@12thfloor.com.au).

24 September 2013

Call for submissions on standard minimum non-parole periods

Tue Sep 24 2013

Attorney General Greg Smith SC has asked the Sentencing Council to review the standard minimum non-parole period (SNPP) offences contained in Part 4 Division 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and report to him by 20 December 2013. The council has released a consultation paper to seek the views of stakeholders. Although the deadline for submissions is 25 October 2013, the council is calling for urgent submissions on SNPPs for child sexual assault offences by 11 October 2013. Submissions can be emailed to: sentencingcouncil@agd.nsw.gov.au

24 September 2013

The Public Law Weekend

Tue Sep 24 2013

The Public Law Weekend, run by the ANU's Centre for International and Public Law, will be held on Friday, 15 November 2013 between 8:30am - 5:00pm at the distinctive National Museum of Australia in Canberra. The focus will be on a range of important administrative law issues and developments, covering judicial review, tribunal decision-making, freedom of information, privacy and human rights. The program features leading administrative law jurists, commentators and practitioners. For more information about the program, or to register, visit the ANU web site.

24 September 2013

2014-15 Local Court arbitrators

Tue Sep 24 2013

Expressions of interest are sought from members wishing to be recommended by the Bar Association for appointment to the 2014-2015 arbitrators list maintained by the Local Court. The current list expires on 31 December 2013. Please note that the appointments to the Local Court are limited in numbers. Applications close on Thursday, 10 October 2011. No late applications will be accepted. Download an application form here. A complete list of local courts can be obtained here.

24 September 2013

Revised Practice Note SC CL 2 - Supreme Court Common Law Division - Criminal Proceedings

Mon Sep 23 2013

Amendments recently made to the Criminal Procedure Act 1986 allow for the mandatory case management of trials where the indictment has been presented after 1 September 2013. The amendments provide for the issue of a Practice Note stipulating the time frames for prosecution and defence disclosure. Revised Practice Note SC CL 2 Supreme Court Common Law Division - Criminal Proceedings has been issued pursuant to those amendments. The Practice Note commences 1 October 2013.

23 September 2013

NSW Blues defeat QLD Maroons and Victoria

Mon Sep 23 2013

A perfect spring day saw the might of NSW Bar FC assert its rightful place as the dominant force in Australian Football (soccer to those who follow other codes) on Saturday at St Andrews Oval, Sydney University.

After QLD defeated Victoria 2-0, the maroons faced a determined NSW squad captained by Simon Phillips. With a player of the match performance by debutante Rob Munro in the centre of midfield, the Blues sent the Maroons home after a 5-0 victory. The next game saw NSW captained by de Meyrick defeat Victoria convincingly 6-1 with the result that the silverware returns to this state. This game saw a match winning performance by another Bar FC debutante, Mitch Lozina who created history scoring a hat trick with a beautiful strike from outside the area that would have made Ronaldo proud.

Next year sees Bar FC travelling north where no doubt QLD will be stronger and determined to wrestle back the cup. If you are interested in playing in the tri-state challenge or in the lunchtime competition held in the Domain between April and August, please email David Stanton on d.stanton@mauricebyers.com to be included in Bar FC’s mailing list.

23 September 2013

Bar Council business for August-September

Mon Sep 23 2013

Bar Council met on 22 August and 5 September 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 22 August and for 5 September.

23 September 2013