Papers to note: Penalties for Corporate Wrongdoing

Mon Mar 24 2014

Last Friday, 21 March 2014, the Australian Securities and Investment Commission released Report 387: Penalties for Corporate Wrongdoing. The report examines whether penalties administered contained in legislation administered by ASIC are "proportionate and consistent" with those for comparable offences in Canada, the United Kingdom and the United States. View the report here.

Pop-up creche for childcare launch: 3 April 2014

Mon Mar 24 2014
Member services and benefits

Want to know more about the Bar Association’s new childcare scheme, but can’t get your hands on a babysitter? Children are welcome to attend the launch of the new childcare scheme, which will be held in the common room on 3 April 2014, from 5.15 pm. Jigsaw Corporate Childcare will arrange for a pop-up creche in conference room 2, with qualified child carers and age-appropriate activities for your little one/s. The childcare launch will commence with an introduction from President Phillip Boulten SC, followed by brief presentations by representatives from McArthur Management and Jigsaw Corporate Childcare. The presentations will be followed by drinks and canapés. If you would like to know more about the association’s childcare scheme in the meantime, information is available on the Bar Association website.

If you would like to bring your child or children, please let Megan Black know the number of children you would like to bring and their ages. Megan can be contacted at or on ph: (02) 9229 1739.

Silks of 2013 make generous donations

Mon Mar 24 2014

It is a long-standing tradition that each year the newly appointed silks donate a gift to one or more charities. The 2013 silks raised a total of $88,700, with the Wayside Chapel and Stewart House each to receive $44,350. The Bar Association thanks the 2013 silks for their very generous donation to these worthy organisations.

STEP address: bankruptcy and superannuation

Mon Mar 24 2014

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Peter Bobbin, managing principal (Sydney), Rockwell Olivier on bankruptcy and superannuation. The address will take place on Wednesday, 26 March 2014 at 5.30pm sharp in the Banco Court, Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer here.

Stalemate on mandatory sentencing

Fri Mar 21 2014

Yesterday, the Legislative Council's amendments to the Crimes Amendment (Intoxication) Bill 2014 were rejected by the lower house. Premier Barry O'Farrell denounced the amendments, saying "Labor is siding with the thugs and, once again, the Greens are siding with the drugs". View the Legislative Assembly Hansard here. Those same amendments were welcomed yesterday by the president of the Australian Bar Association, Mark Livesey QC.

Yoga interrupted

Fri Mar 21 2014

The morning yoga session on Tuesday, 25 March 2014 has been cancelled. A morning media briefing by Chief Justice Bathurst will be held in the Common Room. The lunchtime session will be unaffected.

An invitation to the women of the NSW Bar

Fri Mar 21 2014

Women barristers are warmly invited to a forum, to be held on Saturday, 5 April 2014 between 9.00am and 1.30pm in the Bar Common Room. Come and discuss ways we can continue to advance women's career and life at the bar. For inspiration, Justice Melissa Perry of the Federal Court and formerly of the New South Wales Bar, will start the day with a talk on "Women at the Bar: Aspirations and Inspirations". We will then discuss what matters to women barristers and whether the Women Barristers Forum should remain a section or become a committee of the New South Wales Bar Association.


Women at the bar are invited to complete a short online survey regarding their specific issues of concern. The results of the survey will be used as a basis for the discussion at the Forum on 5 April 2014. It should take approximately 5-10 minutes to complete, and is anonymous. To complete the survey, please click on the following link:

Schedule for the day

9.00am-9.20am: Tea and coffee 9.20am-9.30am: Introduction 9.30am-10.15am: Justice Perry 10.15am-11.00am: Questions & discussion groups on women's concerns regarding life at the bar 11.00am-11.15am: Morning tea 11.15am-12.30pm: Discussion groups and plenary on committee / section issue 12.30pm-1.30pm: Lunch

Cover charge

A $20 charge is required to cover the cost of catering.

Attendance will attract 1 CPD point.

There have been two previous such fora, the first when the WBF was formed in 2004 and one in 2007. Please come and make history, share, meet other women at the bar and enjoy time together. Women at all levels of seniority at the New South Wales bar are most welcome.


RSVP (for catering purposes) by completing and returning the registration form to by COB Tuesday, 1 April 2014. Should you have any questions, please contact Mandy Tibbey, chair of the WBF, via email: or on ph: (02) 9233 2339.

Mandatory sentencing - a change for the better

Thu Mar 20 2014
Law reform and public affairs

Amendments to mandatory sentencing legislation passed in the Legislative Council last night represent an improvement on the government’s bill, the president of the New South Wales Bar Association, Phillip Boulten SC said today. View the media release here. In response to concerns expressed in parliament by Premier Barry O'Farrell that the legislation doesn't apply to reckless 'wounding', the association released a media brief explaining why the application of s 34A should be limited to grievous bodily harm.

2014 John Koowarta Reconciliation Law Scholarship

Thu Mar 20 2014

The Law Council of Australia has awarded two recipients the 2014 John Koowarta Reconciliation Law Scholarship: Ms Samara Hand and Ms Laura Vincent. The scholarship, established in 1994, commemorates John Koowarta, an inspirational man who pioneered Indigenous land rights in Australia. Learn more about the scholarship here.

Work experience offered by members of the bar

Thu Mar 20 2014

It is not uncommon for members of the bar to be approached by law students and recent graduates seeking ‘work experience’. Internships or work experience offer genuine learning opportunities. It is not appropriate, however, for members of the Bar to effectively utilise resources without payment for assistance. The PLT programme gives the student the opportunity to gain insight into working in the legal profession. This is not an opportunity to employ the services of students as law graduates or law clerks without providing payment outlined in the appropriate Legal Services Award.

A report into the nature, prevalence and regulation of unpaid work experience, internships and trials periods in Australia, prepared by Adelaide Law School in January 2013, concluded that there is reason to suspect that a growing number of businesses are choosing to engage unpaid interns to perform work that might otherwise be done by paid employees. The press have also given considerable coverage to this practice. A recent article in The Australian stated: "Some organisations think that you’re privileged to be working for them, but if they want you to work for no money, then that’s just exploitation".

It is imperative that no such claims are directed at members of the Bar Association and interns or work experience students should be paid if they are utilised as a resource.

Initial inquiries may be made of June Anderson, the Bar Association’s administration manager on 02 92324055 or

Phillip Boulten SC President

TONIGHT - Ethics in Practice

Wed Mar 19 2014

Tonight's night's seminar will be presented by Graig Leggat SC and chaired by Pat Griffin. The seminar will deal with the most recent changes to the Bar Rules and their implications for practice. Copies of the rules will be available at the seminar and attendees are encouraged to review them prior. For full details, please click here.

Wills Register due to expire

Wed Mar 19 2014

The Registry of Births, Deaths & Marriages has advised that its search facility for the Wills Register will be closed on Friday, 28 March 2014. Future enquiries may be directed to the NSW Trustee and Guardian, which maintains their own database of wills.

Crime and corporate punishment

Wed Mar 19 2014

How should regulatory bodies respond to the damaging conduct of corporations? Is the big end of town getting an easy ride or are tougher penalties needed to curb white collar crime? The St James Ethics Centre invites members to an exclusive forum with moderator Dr Simon Longstaff and representatives from Australia's leading regulatory bodies, to be held at the St James Ethics Centre on Tuesday, 8 April 2014 from 6:00pm to 8:00pm.


Greg Medcraft - chair, Australian Securities and Investment Commission (ASIC) Dr John Laker AO - chair, Australian Prudential Regulation Authority (APRA) Rod Sims - chair, Australian Competition and Consumer Commission (ACCC)

Book launch in the Common Room

Tue Mar 18 2014

Members are invited to the launch on Friday, 4 April of Justice in Arms: Military Lawyers in the Australian Army's First Hundred Years, by Bruce Oswald and Jim Waddell. The book will be launched by the chief justice of New South Wales, the Hon Tom Bathurst in the Common Room. RSVP by Wednesday, 2 April 2014 to Sarah Raymond via email or ph: (02) 62662178. Learn more about Justice in Arms here.

Melbourne Commercial Arbitration and Mediation Centre launched

Tue Mar 18 2014

Victorian Attorney-General Robert Clark and the chief justice of the Supreme Court of Victoria, the Hon Marilyn Warren AC QC yesterday joined the Victorian Bar and Law Institute of Victoria in launching the new Melbourne Commercial Arbitration and Mediation Centre, to be headquartered in the William Cooper Justice Centre in William Street. Learn more here.

TONIGHT: Advocacy in Mediation

Tue Mar 18 2014

This evening's seminar will be presented by Michael Cranitch SC and Max Kimber SC and chaired by Angela Bowne SC. For full details, please click here.

Health Check and 'flu shot

Tue Mar 18 2014

The Health, Sport & Recreation Committee has organised for members to receive a '€˜flu shot and get their cholesterol, glucose and blood pressure tested between 4:00 and 5.30 pm on Thursday, 10 April 2014 in the Bar Association Common Room and conference rooms. Prices are as follows: '€˜flu shot $22; health test (cholesterol, glucose and blood pressure) $20. Please complete a consent form and bring correct change or a cheque made out to imedicallife. Testing takes under four minutes, the '€˜flu shot takes less than a minute. Testing results are provided straight away. No bookings required.

Common Law Practice Update 51

Mon Mar 17 2014

The Bar Association's Common Law Committee has published Practice Update 51, with case notes on sections 50 of the Motor Accidents Compensation Act and 5R of the Civil Liability Act, and more. Learn more here.

STEP address: bankruptcy and superannuation

Mon Mar 17 2014

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Peter Bobbin, managing principal (Sydney), Rockwell Olivier on bankruptcy and superannuation. The address will take place on Wednesday, 26 March 2014 at 5.30pm sharp in the Banco Court, Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer here.

Yoga hiatus

Mon Mar 17 2014

Bar Association yogis are reminded that the 1.00pm class held on Tuesdays has five more sessions before a month long hiatus while the readers have use of the Common Room. The last class will take place on 15 April as the following week has both the Easter & Anzac day public holidays. All members who find an opening in their Tuesday schedule are most welcome.

2014 Bench & Bar Dinner – Friday, 2 May

Mon Mar 17 2014

The president and the Bar Council have the pleasure of inviting all members of the New South Wales Bar Association to the 2014 Bench and Bar Dinner. The dinner will take place on Friday, 2 May in the Ballroom of the Hilton Sydney at 7.00pm for 7.30pm. The guest of honour is the Hon J L B Allsop, chief justice of the Federal Court of Australia. Mr Senior is Arthur Moses SC and Ms Junior, Sophie Callan.

Seating at the dinner will be allocated on a first-in basis and seating arrangements of 10 per table will be accepted, as will smaller bookings. A limited number of tables of 12 are available however this may alter your table's placement in the room. Please click through to the Invitation and RSVP form If you have any questions regarding the dinner, please contact Katie Retford at or on 9229 1720.