InBrief

SEARCH ALL POSTS

Determination of economic and non-economic losses

Tue Sep 30 2014

Pursuant to s 146 of the Motor Accidents Compensation Act 1999 and the Motor Accidents Compensation (Determination of Loss) Amendment Order 2014 (NSW) has from 1 October 2014 increased the maximum amounts that are to apply for (a) past or future economic loss - $4,512 and (b) non-economic loss - $492,000.

Pursuant to s 80 of the Motor Accidents Act 1988 the maximum amount that is to apply for past or future non-economic loss under that Act has also been increased by the Motor Accidents Compensation (Determination of Non-Economic Loss) Amendment Order 2014 (NSW).

Pursuant to s 17 of the Civil Liability Act 2002 and the Civil Liability (Non-economic Loss) Amendment Order 2014 (NSW), from 1 October 2014 the maximum amount that may be awarded for damages for non-economic loss under that Act has increased to $572,200.

Michael Mori's back! Ideas at the House

Tue Sep 30 2014

Michael Mori will be a guest speaker at Ideas at the House, on 8 October 2014. Mr Mori, who now practises in Melbourne, will discuss "Bush, Howard and Injustice at Guantanamo", an account of the legal, ethical and personal struggles that shaped the David Hicks case and his involvement in it. Learn more here.

Forbes Society tutorial on administrative law

Tue Sep 30 2014

The Francis Forbes Society for Australian Legal History will host a tutorial by Clare Langford on the History of Administrative Law, on Wednesday, 1 October 2014. The tutorial will commence at 5:10pm and conclude no later than 6:10pm. The venue will be Court Room No 1, Hospital Road Court Complex, with entry via the chambers of Lindsay J. Materials for the tutorial can be obtained from Hugh Morrison.Light refreshments will be served. All members and friends of the Forbes Society are welcome.

Next week in CPD

Mon Sep 29 2014

A number of seminars will be held in the Common Room next month. Coming up next week is:

Tuesday 7 October: "How to win more cases:What and how judges think". Presented by Greg Curtin SC and chaired by Justice Paul Brereton. For full details please download a flyer here

Wednesday 8 October: "Creating Quality Leaders". Presented by Wendy McCarthy AO and chaired by Trish McDonald SC. For full details please download a flyer here

Thursday 9 October: "An introduction to Financial Statements and Accounting Misdemeanours". Presented by Simon Skelton and Quentin Olde from FTI Consulting. For full details please download a flyer here

Advertising in Bar News

Mon Sep 29 2014

The Summer 2014-15 edition of Bar News has spaces available for full-page advertisements: on the inside front cover and outside back cover. Competitive rates. For more information, contact the publications manager.

Bar Council business for 11 September 2014

Mon Sep 29 2014

Bar Council met on 11 September 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 11 September 2014 here.

Papers to note: Practice Note SC CL 2

Mon Sep 29 2014

Chief Justice T F Bathurst AC has re-issued Practice Note SC CL 2 - Criminal Proceedings. It replaces the former practice note issued on 27 June 2014. This practice note applies to committals for trial or sentence and ex-officio indictments in the Criminal List of the Common Law Division. It commenced operation today, 29 September 2014.

ABA conference in 2015

Mon Sep 29 2014

The Australian Bar Association is pleased to confirm Washington DC and Boston as the locations for its 2015 annual conference. The Washington DC preliminary conference will take place from 3-5 July and will focus on the domestic impact of the American justice system. The Boston conference, 'Survival of the fittest: Challenges for Advocates in the 21st Century' will take place from 7 to 10 July. Learn more here.

Upcoming CPD Courses: Accounting & Valuation

Mon Sep 29 2014

This practical four week course has been organised in collaboration with KordaMentha Forensic. The course will run over four consecutive Thursdays (5pm to 7pm) in October/November 2014. It is designed to teach barristers the basic principles of accounting and valuations. The course is interactive and leads the participants through the transactions of a simple company. It also uses the financial statements of a major listed company to illustrate accounting and valuation concepts.

The course will be taught by experts from KordaMentha who are experienced in explaining accounting and valuation issues in expert reports and in evidence. Each session will run for about two hours and there will be optional additional reading between these sessions.

For more details about each session and the costs involved, please click here

These workshops are run by registration only and places in each course are strictly limited. To register and pay to secure your place, please click here

Lunchtime yoga is back

Fri Sep 26 2014

Attention yogis! Tuesday's yoga is back on at 1.00pm in the Common Room. Please text Jolie on 0414092502 on the morning of the class before 10.00am to let her know if you plan on attending. She will text back by 11.00am to let you know if there is a quorum of students to have class. Any enquiries, please call Jolie 0414092502. Classes paid on a casual basis ($20).

STEP address: Creating Shared Value - Pursuing 'Profit with Purpose'

Thu Sep 25 2014

The Society of Trust and Estate Practitioners (STEP) invites you to their Annual Charities Group event, with keynote speaker, Tharani Jegatheeswaran, partner, Deloitte Private, leading an interdisciplinary panel discussion on "Creating Shared Value - Pursuing 'Profit with Purpose'". The event will take place on Wednesday, 17 September 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.

CPD in October

Wed Sep 24 2014

A number of seminars will be held in the Common Room in the coming months. Coming up in October is:

Tuesday 7 October: "How to win more cases:What and how judges think". Presented by Greg Curtin SC and chaired by Justice Lucy McCallum. For full details please download a flyer here

Wednesday 8 October: "Creating Quality Leaders". Presented by Wendy McCarthy AO and chaired by Trish McDonald SC. For full details please download a flyer here

Thursday 9 October: "An introduction to Financial Statements and Accounting Misdemeanours". Presented by Simon Skelton and Quentin Olde from FTI Consulting. For full details please download a flyer here

Tuesday 14 October: 2014 Plunkett Lecture. Details to follow.

Wednesday 22 October: "Marketing the Bar". Presented by Ian Hemmings SC, Andrew Laughlin, Tean Kerr and chaired by Richard McHugh SC. For full details please download a flyer here

Monday 27 October: "Regulation 176 and Best Practice Guidelines". Presented by Penny Thew and chaired by Trish McDonald SC. For full details please download a flyer here

Tuesday 28 October: "Chapter II of the Constitution" presented by Justin Gleeson SC and Anna Mitchelmore and chaired by Neil Williams SC. For full details please download a flyer here

The effect of suspended sentences on imprisonment

Wed Sep 24 2014

The Bureau of Crime Statistics and Research has released a report on the effect of suspended sentences on imprisonment. Suspended sentences were introduced in NSW in April 2000 and came to be seen as both a deterrent and a cheaper alternative to prison. Between 2000 and 2013, the number of suspended sentences imposed by adult courts in NSW rose by more than 180 per cent (from 1,849 to 5,224). However, BOCSAR's report suggests that suspended sentences might have a perverse effect, actually increasing the number of offenders sent to prison. Learn more here.

Save the date: 2015 Bench & Bar Dinner

Wed Sep 24 2014

The 2015 Bench & Bar Dinner will be held on Friday, 8 May at the Hilton Sydney. The guest of honour is the Hon Justice M J Beazley AO, president of the New South Wales Court of Appeal. Further details and booking information will be available in 2015. If you have any questions, please contact Katie Retford on ph: (02) 9229 1720 or kretford@nswbar.asn.au

Nomination forms for election of the 2015 Bar Council

Wed Sep 24 2014

Nomination forms for election of the 2015 Bar Council were posted on Friday, 19 September to all members of the Bar Association eligible to nominate or be nominated. Any member who has not received their nomination form by the morning of Tuesday, 30 September 2014 and who wishes to nominate should contact the Association on ph: (02) 9232 4055. Nomination forms are also available from the Bar Association's Reception. Nominations close at 4.00pm on Monday, 13 October 2014.

PA Selth Executive Director & Returning Officer

Common Law Practice Update 66

Tue Sep 23 2014

The Bar Association's Common Law Committee has published Practice Update 66, with case notes on slips and falls in shopping centres, expert witnesses and section 56 of the Civil Procedure Act 2005 (NSW). Download CLPU 66 here.

eServices and registrars' lists

Tue Sep 23 2014

The Federal Court will hold an information session for practitioners appearing in registrars' lists, to be hosted by District Registrar Wall on Wednesday, 8 October 2014 between 1:00pm — 1:45pm in Court 18D, Queens Square.

Topics will include:

  • Introduction of electronic court files
  • New features of eLodgment and what you need to know about them
  • New Practice Note – CM 23 Electronic Court File and preparation and lodgment of documents
  • eLodging correspondence
  • Automatic acceptance of documents on an electronic court file
  • Proposed changes to the registry’s practice
  • eLodging forms for taxation law matters

For more information about the session and how to register, click here.

AIDC seminar on the business of mediation

Tue Sep 23 2014

The Australian International Disputes Centre invites members to a public lecture by Andrew Moffat on "The Business of Mediation: Making it Happen", to be held on 8 October 2014 at 5.30pm. The lecture will examine the ingredients of a commercially viable ADR practice and how a mediation career might stall, regardless of the practitioner's dispute resolution skills. Learn more here.

2014 Pink & Blue Ribbon Breakfast Raffle Tickets

Tue Sep 23 2014

Raffle tickets for the 2014 Pink and Blue Ribbon Breakfast are now available to purchase at the New South Wales Bar Association Reception. The raffle will be drawn at 8.45am at the breakfast. Winners who are not present at the breakfast will be contacted following the event. Tickets are 1 ticket for $5, 3 for $10, 7 for $20 and 20 for $50. All funds raised from the sale of raffle tickets will go directly to the National Breast Cancer Foundation & the Prostate Cancer Foundation of Australia.

The prizes for this year’s raffle include:

  • $350 lunch or dinner voucher to ARIA restaurant
  • $100 lunch or dinner voucher to Subsolo
  • 1 month Gold membership to Elixr Health Clubs
  • Gift voucher for 10 sessions of group training with Fit For Dreams personal training, worth $220 (for new clients. Existing clients can use it as a gift certificate)
  • Two tickets to a private screening of 'Charlie's Country' plus Q&A with Rolf de Heer
  • Selection of beautiful cookbooks from Lantern Books
  • 6 casual yoga classes with Jolie Brook, held in the NSW Bar Association Common Room on Tuesday mornings at 7.15am and 1pm
  • Hamper of chocolates
  • Dinner for 2 at Almond Bar, Darlinghurst
  • 2 x $50 vouchers for Silks Coffee Lounge
  • $50 voucher for Society Caffe Bar
  • Comme des Garçons mens wallet

If you would like to attend the breakfast, register here. RSVPs are open until 17 October.

If you are unable to attend the breakfast, you may still make a donation to these worthy causes via the registration process. All donations over $2 are tax deductible. Tax receipts will be issued by the charities following the events. To donate, please click here. Raffle tickets are available from the New South Wales Bar Association Reception.

Tonight in CPD

Tue Sep 23 2014

Tonight we have a seminar being held in the Common Room at 5.15pm.

"Effective Neogiation Skills for Commercial Disputes" will be presented by Harold Werksman, and chaired by Angela Bowne SC. This seminar will provide practical examples of effective negotiation strategies, which are designed specifically for commercial disputes of all types.

The seminar will cover objectives, preparation, effective bargaining and how to close the deal. For full details please download a flyer here

Ombudsman's report on policing intoxicated and disorderly conduct

Mon Sep 22 2014

Attorney General Brad Hazzard has tabled the NSW Ombudsman's report on section 9 of the Summary Offences Act 1988, which established the offence of continuing intoxicated and disorderly behaviour following the giving of a move on direction by police. Read the report here.