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Direct access - Rule 24B disclosure

Mon Mar 31 2014

Rule 24B of the New South Wales Barristers’ Rules requires a barrister who accepts instructions on a direct access basis to provide the client with a written disclosure. The Bar Association has prepared a pro forma Rule 24B disclosure in response to requests for such a document. It requires details of the matter to be included in the document as well as details of the barrister’s experience as an advocate (to be set out at point 7). Two alternatives are set out for the first paragraph – the paragraph that is not required should be deleted from the document.

Familiarity with Rule 24B

Barristers should of course familiarise themselves with Rule 24B and check that the content of any disclosure is appropriate and sufficient in the particular circumstances of a matter.

Rule 24B

The rule provides – 24B. A barrister who proposes to accept instructions directly from a person who is not a solicitor or officer of a government department or agency whose usual duties include engaging lawyers must:

(a) inform the prospective client in writing of:

(i) the effect of Rules 15 and 17;

(ii) the fact that circumstances may require the client to retain an instructing solicitor at short notice, and possibly during the performance of the work;

(iii) any other disadvantage which the barrister believes on reasonable grounds may, as a real possibility, be suffered by the client if the client does not retain an instructing solicitor;

(iv) the relative capacity of the barrister in performing barristers’ work to supply the requested facilities or services to the client compared to the capacity of the barrister together with an instructing solicitor to supply them; and

(v) a fair description of the advocacy experience of the barrister; and

(b) obtain a written acknowledgement, signed by the prospective client, that he or she has been informed of the matters in (a) above.

Professional standards endorsement

If you are a member of the NSW Bar Association the usual professional standards endorsement should appear on the disclosure unless it appears on a covering letter attaching the disclosure.

Bar Council business for March

Mon Mar 31 2014

Bar Council met on 6 March 2014 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 6 March 2014.

Invitation - See the lights of Vivid Sydney on board the Mari Nawi

Mon Mar 31 2014

All members and their guests are invited to join the Trustees of the Indigenous Barristers’ Trust for a fabulous evening celebrating Indigenous culture while taking in the lights of Vivid Sydney on Thursday, 29 May. Mari Nawi, the all-weather boat is fully owned and operated by the Tribal Warrior Association, a non-profit community organisation initiated and directed by Aboriginal people with Aboriginal Elders that provides specialised training programs leading to employment opportunities in the maritime industries for both Indigenous and non-Indigenous Australians. For more information on the Tribal Warrior Association, visit their web site.

Embarking and disembarking

The cruise will pick-up from the Eastern Pontoon at Circular Quay at 6.30pm and provide additional pick-up and drop-off times at 7.00pm & 9.30pm at the Eastern Pontoon and at 8.30pm at the Jeffrey Street Wharf Kirribilli.

Vivid Sydney

Sydney Landmarks will be lit with a spectacular lights installation, such as the Opera House and the Harbour Bridge as well as the MCA and Customs House, for two weeks only. The Mari Nawi has been invited to be part of the festival and will also be lit up with several light installations. We might even be lucky with some fireworks on the harbour. Follow this link for more information on Vivid Sydney. Bush tucker food and drinks will be served throughout the night and Indigenous performers will be showcasing the traditional elements of Aboriginal cultural ceremony. Any funds raised from the evening will support the aims of the Indigenous Barristers’ Trust The Mum Shirl Fund. Follow the link for more information on the trust.

Tickets

Tickets are $150 per person and include the cruise, dinner, drinks and entertainment. Please RSVP by Wednesday, 21 May. Download your invitation & RSVP. Please contact Katie Retford, kretford@nswbar.asn.au, or ph: (02)9229 1720 if you have any questions. You can also sponsor an Indigenous Law Student to attend for $100 per student (a limit of 15 student sponsorships available). If you are unable to attend the cruise, consider sponsoring a student or providing a tax deductible donation to the trust. Cruise numbers are limited – book early so you are not disappointed! This is one event not to be missed.

TONIGHT: The Role of the Prosecutor: Cruel but Fair

Mon Mar 31 2014

Tonight's seminar marks the end of the current CPD year. The seminar will be presented by the Hon Greg James AM QC and chaired by Alexander Street SC. As usual, the session will be held in the Bar Association common room, commencing at 5.15pm.

CPD Online

Mon Mar 31 2014

The CPD year ends this evening. If you are missing a CPD point (or two) then CPD online can assist. Many Bar Association seminars from 2011 onwards are online. If the seminar was accompanied by a paper, that can also be downloaded from CPD online. If you have misplaced your login and password details please email the NSW Bar Association reception; reception@nswbar.asn.au.

Life membership for the Hon Justice Virginia Bell AC

Fri Mar 28 2014

At its meeting on 27 March 2014 the Bar Council resolved to offer life membership of the New South Wales Bar Association to the Hon Justice Virginia Bell AC in recognition of her exceptional service to the Bar Association and the profession of the law.

City Houses Squash Competition

Fri Mar 28 2014

The Bar Association would like to invite members to participate in the City Houses Squash Competition 2014. This is an annual competition held from May to September, with business and government organisations competing in graded teams.

Keep fit

City Houses Squash is a fun and convenient way to keep fit, and there are teams ranging from beginners to advanced. Games are held throughout winter, at various locations in the CBD after hours, with finals later in September. Each round four players are chosen from a team of 6-10 rotating players. That way, it is easy to take part. Participants will also have access to city squash courts to train and exercise throughout the year, at special prices.

Contact

The competition ladder is being finalised for 10 April, so please send acknowledgement or enquiries immediately to Quang Nguyen.

Book launch of Key Issues in Judicial Review

Fri Mar 28 2014

Members are invited to the launch of Key Issues in Judicial Review. Edited by Neil Williams SC and published by The Federation Press, the book is a collection of papers from the recent Constitutional and Administrative Law Section seminar series. It will be launched by the chief justice of New South Wales, the Hon Tom Bathurst, in the Common Room at 5.30pm on Monday, 7 April 2014. RSVPs by Thursday, 3 April 2014 to David Mills: marketing@federationpress.com.au or phone (02) 9552 2200.

This book is the NSW Bar Association’s lecture series on the key issues in judicial review. It emphasises essential learning for the public law practitioner, whether solicitor, barrister or judicial officer, that is not easily accessed elsewhere.

The collection opens with Justice Patrick Keane’s reflections on the role of the courts in public law processes. It has an overview of the grounds of judicial review by Justice John Basten and 10 other papers: the concept of jurisdictional error by Jeremy Kirk SC; statutory construction and drafting by Peter Quiggin PSM, with a commentary by Justice Nye Perram; evidence in public law cases by Neil Williams SC and Alan Shearer; constitutional and administrative law aspects of tax by Geoffrey Kennett SC and David FC Thomas; satisfaction as a jurisdictional fact by James Hutton; the High Court decision in SZMDS by Theresa Baw; the relevancy grounds and environmental and administrative law by Richard Lancaster SC and Stephen Free.

There are also two forward-looking papers, one by Justice Alan Robertson on ARC Report No 50, and the other by Kristina Stern SC on the rationale for the grant of relief by way of judicial review and potential areas for future development.

This book can be purchased from The Federation Press at rrp $165 / Direct price $150.

Uniform national legal profession bill introduced into the Legislative Assembly

Fri Mar 28 2014

The New South Wales Government has introduced into parliament the Legal Profession Uniform Law Application Bill 2014, the objects of which are to repeal the Legal Profession Act 2004,apply the provisions of the Legal Profession Uniform Law as a law of New South Wales, and to provide supporting provisions for the regulation of the legal profession in NSW. View the bill as introduced, and view minister's second reading speech.

Vale Julian Martin (1949-2014)

Fri Mar 28 2014

Julian Martin, from 4th Floor Wentworth Chambers, died today. Members will be advised of funeral arrangements as soon as they are known.

NSW Opposition won't support legislation for QC appointments

Thu Mar 27 2014

Shadow Attorney General Paul Lynch yesterday announced that the Opposition will not support legislative change to allow senior barristers in NSW to be appointed as a QC. He said: “The conferral of the title suggests a connection with the monarch who must act on the advice of their ministers. Unlike some other Australian jurisdictions the government in this state has no role in the appointment of senior counsel." View the media release here.

Next meeting of the Bar Book Club

Thu Mar 27 2014

The next meeting of the Bar Book Club will be on Wednesday, 30 April 2014, in the library at 6.00pm. The book is The Razor’s Edge by W Somerset Maugham freely available at your local library; sadly it's not free from Project Gutenberg but you can purchase a copy from ‘any good bookstore’. Good Reads has some interesting commentary and for those interested in a review, please see JM Coetzee, The Razor’s Edge, NYRB, November 1, 2001 Issue. It is a review of ‘Half a life’ by V S Naipaul but goes into some detail about The Razor’s Edge

Arts Law Centre Comedy Night

Thu Mar 27 2014

To support the work of the Arts Law Centre of Australia, Hearts for Arts Law invites you to their inaugural Comedy Night! Join us for a night full of laughs showcasing an impressive line-up of emerging stand up artists. Featuring Alex Wasiel, Justine Rogers, Ray Cashman...and special guests! Join them at The Windsor on Park, 48 Park Street, on Tuesday, 8 April 2014. Doors open from 6.30pm and comedy begins at 7.30pm. Proceeds from this event will support the essential work done by the Arts Law Centre of Australia, an independent national community legal centre which helps Australia’s artists. Tickets $25 available from www.trybooking.com.

MAA Medical Assessor Guidance Note Number 10

Wed Mar 26 2014

In order to promote accurate and consistent medical assessments the Motor Accidents Authority has issued Medical Assessor Guidance Note – Number 10, Digestive system: Stomach and Duodenum Impairment Assessment of Oesophagus, Stomach and Duodenum under s 65(2) of the Motor Accidents Compensation Act 1999. View the guidance note here.

Invitation - See the lights of Vivid Sydney on board the Mari Nawi

Wed Mar 26 2014

All members and their guests are invited to join the Trustees of the Indigenous Barristers’ Trust for a fabulous evening celebrating Indigenous culture while taking in the lights of Vivid Sydney on Thursday, 29 May. Mari Nawi, the all-weather boat is fully owned and operated by the Tribal Warrior Association, a non-profit community organisation initiated and directed by Aboriginal people with Aboriginal Elders that provides specialised training programs leading to employment opportunities in the maritime industries for both Indigenous and non-Indigenous Australians. For more information on the Tribal Warrior Association, visit their web site.

Embarking and disembarking

The cruise will pick-up from the Eastern Pontoon at Circular Quay at 6.30pm and provide additional pick-up and drop-off times at 7.00pm & 9.30pm at the Eastern Pontoon and at 8.30pm at the Jeffrey Street Wharf Kirribilli.

Vivid Sydney

Sydney Landmarks will be lit with a spectacular lights installation, such as the Opera House and the Harbour Bridge as well as the MCA and Customs House, for two weeks only. The Mari Nawi has been invited to be part of the festival and will also be lit up with several light installations. We might even be lucky with some fireworks on the harbour. Follow this link for more information on Vivid Sydney. Bush tucker food and drinks will be served throughout the night and Indigenous performers will be showcasing the traditional elements of Aboriginal cultural ceremony. Any funds raised from the evening will support the aims of the Indigenous Barristers’ Trust The Mum Shirl Fund. Follow the link for more information on the trust.

Tickets

Tickets are $150 per person and include the cruise, dinner, drinks and entertainment. Please RSVP by Wednesday, 21 May. Download your invitation & RSVP. Please contact Katie Retford, kretford@nswbar.asn.au, or ph: (02)9229 1720 if you have any questions. You can also sponsor an Indigenous Law Student to attend for $100 per student (a limit of 15 student sponsorships available). If you are unable to attend the cruise, consider sponsoring a student or providing a tax deductible donation to the trust. Cruise numbers are limited – book early so you are not disappointed! This is one event not to be missed.

Sydney Conference this Saturday - Last chance to register

Wed Mar 26 2014

The NSW Bar Association's Sydney CPD Conference will be held this coming Saturday at the Shangri-La Hotel in Sydney. Speakers include: The Hon T F Bathurst, Chief Justice of NSW, The Hon Justice Melissa Perry and The Hon Justice Robertson Wright. There are still a limited number of places available. For the final program, please click here. For registration forms, please click here.

Original TV broadcast of 12 Angry Men now on YouTube

Tue Mar 25 2014

On 20 September 1954, almost sixty years ago, the original version of 12 Angry Men (not starring Henry Fonda) was broadcast live on US television to an audience of millions, as part of the CBS-TV series Studio One. Believed lost for almost 50 years, a film of the transmission (a kinescope) was discovered in 2003. It is now loaded on YouTube for a new generation to enjoy. You can read a review on the newlawyerlanguage blog by clicking here.

One for the diary: the Asia Pacific Coroners' Society

Tue Mar 25 2014

The Asia Pacific Coroners’ Society will hold its annual conference in Melbourne from 11 – 14 November 2014. It will bring together coroners from across Australia and the Asia Pacific region as well as lawyers, police, forensic scientists, pathologists, psychologists and other medical practitioners. Interested parties can be included in further updates by registering their interest on the conference website.

Cameras in the courtroom

Tue Mar 25 2014

Attorney General Greg Smith SC has floated legislation that would encourage greater media access to broadcast final proceedings – such as verdicts and sentences in criminal cases – except in a defined range of circumstances. Initially, this policy will apply to the Supreme Court and would be restricted to "pooled vision" from a single camera.