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.

Forbes Society Legal History Discussion Group

Mon Sep 22 2014

The next Francis Forbes Legal History Discussion Group will be held on Wednesday, 24 September 2014, commencing at 5.30pm in the Bar Common Room at the New South Wales Bar Association. The guest speaker will be Peter Moore who will discuss admission rules in colonial New South Wales and South Australia and the transmission of legal culture from "home" to the Australian colonies.

Room for sale or license in Denman Chambers

Mon Sep 22 2014

Large, well appointed, sunny room overlooking Hyde Park available for sale or license. Suitable for Silk or Senior Junior.

Denman Chambers is a well established chambers consisting of twenty barristers, five of whom are Senior Counsel. The barristers on the floor practice in a diverse range of areas including industrial law, employment law, occupational health and safety, crime and personal injury.

For more information about the floor, please visit

All enquiries should be directed to the clerk of the floor, Michelle Borg on 9264 6899 or

All enquiries will be dealt with in the strictest confidence.

Tomorrow in CPD

Mon Sep 22 2014

On Tuesday 23 September, 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

Predictors of guilty pleas in the NSW District Court

Fri Sep 19 2014

The Bureau of Crime Statistics and Research has published research which examines a range of factors, such as demographic details, the number and type of offences and previous experience with the criminal justice system, and how they are associated with a defendant’s plea.

Bail Amendment Bill passed by parliament

Fri Sep 19 2014

The Bail Amendment Bill 2014 has passed both houses of the NSW Parliament and is awaiting assent. A copy of the bill as passed, together with second reading speeches, can be found here. View Attorney General Brad Hazzard's media release here.

Appointment to note

Fri Sep 19 2014

Craig Smith was appointed as a deputy senior public defender, effective 18 September 2014.

Murray Gleeson to deliver CIArb seminar

Fri Sep 19 2014

The Chartered Institute of Arbitrators (Australia) invites members to an evening seminar on Friday, 31 October 2014, to be presented by the Hon Murray Gleeson AC QC on "Award Writing in International Arbitration". The seminar will take place between 5.45pm and 7.30pm at Baker & McKenzie, L27 50 Bridge Street, Sydney. Admission is free but registration is essential. To find out more, download a flyer here.

Coming up in CPD next week

Fri Sep 19 2014

Next week a seminar will be held in the Common Room on Tuesday, 23 September 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

Common Law Practice Update 65

Thu Sep 18 2014

The Bar Association's Common Law Committee has published Practice Update 65, with case notes on sections 81 and 92 of the Motor Accidents Compensation Act 1999 (NSW), sections 5D, 5R and 5O of the Civil Liability Act 2002 (NSW) and non-delegable duty. Download CLPU 65 here.

Council for Civil Liberties Dinner

Thu Sep 18 2014

The New South Wales Council for Civil Liberties will hold its annual fundraising dinner on Friday, 26 September 2014 at 6:30pm for 7.00pm in the Sky Phoenix Restaurant. The key note civil liberties address will be given by Professor Ben Saul on "The Ideological War on Human Rights: Why Are Politicians So Hostile to Basic Freedoms?" For more information, or to reserve your place, visit the NSWCCL website.

Mediation accreditation, District Court mediation list and Family Law Settlement Service

Thu Sep 18 2014

Applications are now open for barristers seeking mediation accreditation or re-accreditation with the New South Wales Bar Association as well as appointment to the District Court mediation list and the Family Law Settlement Service panel. The single application form for all of these processes is available here. Please note that hard copies of the application form will be available at the Mediation Masterclass at the Sheraton on the Park, Saturday, 16 August. Applications close 5.00pm Thursday, 25 September.

eServices for Taxation Law Practitioners

Thu Sep 18 2014

The Federal Court will hold an information session for taxation law practitioners, to be hosted by Justice Edmonds on Thursday, 2 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.

Bar Book Club

Thu Sep 18 2014

The next meeting of the Bar Book Club will be held in the Bar Library at 6.00pm on Tuesday, 21 October. Reading matter will be The Death of Napoleon by Simon Leys (Pierre Ryckmans). A review is available here and an obituary of the author here.

A series of Bar Council events

Thu Sep 18 2014

The Bar Association's annual general meeting will be held at 5.00pm on Thursday, 6 November 2014. Nomination forms for those wishing to be elected to Bar Council will be mailed to all members tomorrow, 19 September 2014. A notice regarding the relevant dates is available here.

Cases to note: failure to pay counsel's fees

Wed Sep 17 2014

In Council of the Law Society of NSW V Andreone (No2) [2014] NSWCATOD 81, the New South Wales Civil and Administrative Tribunal Occupational Division found that a failure of a solicitor to pay counsel’s fees amounted to professional misconduct. The relevant paragraphs of the decision can be viewed here.

WorkCover report calls for return of key medical benefits

Wed Sep 17 2014

The Legislative Council's Standing Committee on Law and Justice has tabled its report, Review of the Exercise of the Functions of the WorkCover Authority. The report, together with transcripts, submissions and other documents, can be obtained from the committee's website.

Among the noteworthy findings are recommendations 6 and 10:

  • the NSW Government restore lifetime medical benefits for hearing aids, prostheses, home and vehicle modifications for all injured workers, noting the actuarial evidence as to the relatively minimal cost of restoring such benefits to the workers’ compensation scheme, and that it promptly review the viability of restoring all lost medical benefits for injured workers under the scheme.

  • the NSW Government consider amending section 44(6) of the Workers Compensation Act 1987 to allow legal practitioners acting for a worker to be paid or recover fair and reasonable fees for the work undertaken in connection with a review of a work capacity decision of an insurer, subject to an analysis of its financial impact.

The government has six months to respond.

Bar Council business for 28 August 2014

Wed Sep 17 2014

Bar Council met on 28 August 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 28 August 2014 here.

A History of Corporations Law in Two Parts

Tue Sep 16 2014

Tomorrow, 17 September 2014, the Francis Forbes Society will host a tutorial on "A History of Corporations Law in Two Parts", presented by Hugh Morison (scholar) and David Ash (gentleman). The tutorial will commence at 5.10 pm and conclude no later than 6.10 pm. The venue will be Court No. 1, Hospital Road Court Complex, with entry via the chambers of Lindsay J. Everybody is welcome. Light refreshments will be served.

The new look Law Society Diary

Tue Sep 16 2014

Our neighbours in the Law Society have given their popular, eponymous diary a makeover. It contains easy to find information on courts and tribunals, government agencies and more. For barristers, it includes, among other things, information on how to find a solicitor’s details via the Find a Lawyer website.

The Law Society Diary with directory is available in week-at-a-glance or day-to-a-page formats, and there is also a slimline pocket diary (no directory included). Bulk purchases of more than 20 diaries receive a 10% discount.

For orders of less than 20, please purchase online at the Law Society's e-shop.

For orders of 20+, please complete and return this form by post or email to receive your 10% discount.

Please note diaries will not be available for delivery until after 1 October 2014. All enquiries should be directed to Jessica Lupton, Business Development Coordinator, 02 9926 0290 or email

2014 Pink & Blue Ribbon Breakfast – Friday, 24 October – all welcome!

Tue Sep 16 2014

Members and their friends are invited to the 2014 Pink & Blue Ribbon Breakfast on Friday, 24 October at Hyde Park Barracks Café. Come and enjoy a two-course breakfast and help raise money for two wonderful charities. There will also be a fabulous raffle drawn on the morning with over $1,000 worth of prizes available to be won! Raffle tickets will also be available to pre-purchase from 20 October at the Bar Association Reception. Register for the breakfast today, RSVP’s will be accepted until Friday, 17 October unless sold out prior.

Click here for all the event details including updated details on the amazing raffle organised by the EO Committee.

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.

Supporting charities

The National Breast Cancer Foundation (NBCF) is the leading community-funded national organisation in Australia raising money for research into prevention and cure of breast cancer. Research programs funded by the NBCF cover every aspect of breast cancer, from increasing understanding of genetics to providing better treatments and improving ways to support women and their families. The NBCF relies almost entirely on corporate and community support to continue its work.

The Prostate Cancer Foundation of Australia (PCFA) is the peak national body for prostate cancer in Australia. The PCFA focuses on funding innovative research, support, information and advocacy for men with prostate cancer and raising awareness across the community. PCFA operates over 100 supports groups Australia wide who provide support and advocacy, via the phone or face to face to men and their families affected by prostate cancer. These groups meet regularly and provide a meeting forum for the exchange of experiences, ideas and news as well as an invaluable support network.

If you have any questions regarding the event, please contact Katie or Kirsten on 9232 4055. We look forward to seeing you there.