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Nominations for 2015 Bar Council

Tue Oct 07 2014

Members are reminded that nominations for the 2015 Bar Council must be received by the returning officer by 4.00pm on Monday, 13 October 2014.

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 Ms Georgina Stow at the Bar Association on ph: (02) 9229 1754, or e-mail gstow@nswbar.asn.au. P.A. Selth Executive Director & Returning Officer

Tonight in CPD

Tue Oct 07 2014

A seminar will be held in the Common Room tonight at 5.15pm:"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

Tomorrow in CPD

Tue Oct 07 2014

A seminar will be held in the Common Room tomorrow at 5.15pm: "Creating Quality Leaders". Presented by Wendy McCarthy AO and chaired by Trish McDonald SC. For full details please download a flyer here

Bench and Bar v Solicitors chess match

Fri Oct 03 2014

This year the annual Bench & Bar v Solicitors chess match will be held on Thursday, 13 November 2014. The venue will be Allens, on L38 Deutsche Bank Place, Cnr Hunter & Phillip streets. The match will start at 5.45pm or 6.00pm and finish by 8.00pm. Please advise the Bench & Bar captain, Rob Colquhoun, by email, if you would like to play this year.

16th National Family Law Conference

Fri Oct 03 2014

Family law will be in the spotlight next week with the 16th National Family Law Conference taking place in Sydney. The theme for this year’s professional development event is "Evolution or Revolution". The event will feature an array of high calibre guest speakers from Australia and abroad. The conference will officially open on Tuesday, 7 October with a "Q&A" style event sponsored by Slater and Gordon Nationwide and facilitated by Australian journalist and broadcaster, Mr Tony Jones. Learn more here.

Position vacant: ADF advocate

Fri Oct 03 2014

The Department of Defence is seeking suitably qualified and eligible applicants for the role of defence force advocate. The position involves preparing submissions and representing the workplace interests of ADF members before the Defence Force Remuneration Tribunal. The tribunal’s primary role is to inquire into, and determine, salaries and relevant allowances for ADF members. Applications close at 12:00 noon (AEST) on Friday, 10 October 2014. More information about the position and the application procedure is available here.

Common Law Practice Update 67

Fri Oct 03 2014

The Bar Association's Common Law Committee has published Practice Update 67, with case notes on sections 5B and 49 of the Civil Liability Act 2002 (NSW) and injury during the course of employment. Download CLPU 67 here.

Religious beliefs, clothing and vilification

Fri Oct 03 2014

The Bar Association has issued a media statement regarding religious beliefs, clothing and racial vilification following comments by certain members of the Australian Parliament purporting to link the wearing of burqas to the risk of terrorism. The statement was quoted in articles by the Sydney Morning Herald on this subject, which can be viewed here and here.

Coming up in CPD on Tuesday

Fri Oct 03 2014

A seminar will be held in the Common Room on 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

The inaugural Spigelman Public Law Oration

Thu Oct 02 2014

The inaugural Spigelman Public Law Oration will be delivered in the Bar Association Common Room at 5:15pm on Monday, 17 November 2014 by the Hon Justice Stephen Gageler of the High Court of Australia. The oration will be followed by the annual dinner of the Public Law Section (formerly the Constitutional and Administrative Law Section) of the NSW Bar. Learn more here.

Family Dispute Resolution Bridging Course

Wed Oct 01 2014

Family dispute resolution practitioners assist parents to explore their issues, consider their options and make arrangements that they and their children can live with for the future. The Australian Institute for Relationship Studies (AIRS) bridging course for family lawyers meets the educational requirements for accreditation with the Attorney General’s Department and is designed to equip them with the expertise and self-assurance to assist couples. AIRS offers a nationally recognised Statement of Attainment: the 6 core units from the nationally recognised qualification CHC80308 Vocational Graduate Diploma of Family Dispute Resolution. Learn more here.

Family Dispute Resolution Bridging Course

Wed Oct 01 2014

Family dispute resolution practitioners assist parents to explore their issues, consider their options and make arrangements that they and their children can live with for the future. The Australian Institute for Relationship Studies (AIRS) bridging course for family lawyers meets the educational requirements for accreditation with the Attorney General’s Department and is designed to equip them with the expertise and self-assurance to assist couples. AIRS offers a nationally recognised Statement of Attainment: the 6 core units from the nationally recognised qualification CHC80308 Vocational Graduate Diploma of Family Dispute Resolution. Learn more here.

Parliamentary hearing on the foreign fighters legislation

Wed Oct 01 2014

The Parliamentary Joint Committee on Intelligence and Security will hold two public hearings this week for its inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014. The committee will hear from the inspector-general of intelligence and security at a hearing on Thursday morning, followed by a full day hearing on Friday at which the Law Council of Australia will make a submission. Audio from both hearings will be broadcast live via the parliament's website.

Members of the public are invited to make submissions to the inquiry by 12.00pm on Friday, 3 October 2014. Due to the short timeframes, individuals or organisations who wish to provide a submission are asked to notify the secretariat by emailing pjcis@aph.gov.au prior to submitting.

Further information about the inquiry, including full programs for the hearings, can be accessed via the committee’s website. The bill and explanatory memorandum can be accessed here.

For more information, please contact the committee's secretariat on ph: (02) 6277 2360 or email pjcis@aph.gov.au.

eServices and registrars' lists

Wed Oct 01 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.

Nominations for 2015 Bar Council

Wed Oct 01 2014

Members are reminded that nominations for the 2015 Bar Council must be received by the returning officer by 4.00pm on Monday, 13 October 2014. Nomination forms have been posted to all members. The form is also available from the Bar Association’s reception (ph: 02 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

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.