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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
Wellbeing

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 Jessica.lupton@lawsociety.com.au

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.

Bleak statistics on imprisonment of Indigenous women

Tue Sep 16 2014

The Human Rights Law Centre has warned that Aboriginal and Torres Strait Islander women are being imprisoned at an increasing rate and now constitute one of the more incarcerated groups in the world. Their comments follow last week's release by the Australian Bureau of Statistics of data showing an 18 per cent rise in the number of Indigenous females in custody. Learn more here.

Pave the Way for Indigenous scholarships - a message from Chris Ronalds SC

Tue Sep 16 2014

Tomorrow I am excited to be a part of a 24-hour challenge called Pave the Way.

Pave the Way is a one-day campaign by the University of Sydney to raise funds and awareness to help the most promising students access a university education, whatever their background, and support medical research that could prevent, treat and cure some of the world’s most devastating diseases.

There is also a smaller campaign on the day specifically focusing on raising awareness and funds for Indigenous pathways and Indigenous scholarships at the University of Sydney, so that future Indigenous students can be supported in following their dreams. Watch this video to see one of the Indigenous programs in action http://www.youtube.com/watch?v=rnIOuGPEMhs

The challenge will begin at midnight tonight, 15 September, and I’m hoping that you’ll get involved by following the hashtag #ipavetheway on social media, by telling your networks and/or by making a donation.

To Pave the Way for Indigenous students please give through give.sydney.edu.au/indigenous before midnight on 16 September. Funds raised tomorrow will pave the way for young Indigenous people to aspire to and participate in higher education through outreach programs, flexible entry pathways, scholarships and specialised academic support. By supporting Indigenous students, you can help close the gap between Indigenous and non-Indigenous Australians not only in terms of education but also employment rates and in turn health rates.

Every gift no matter the size will add up to make a big impact on the lives of these Indigenous students.

To give a more general gift use the Pave the Way website, Sydney.edu.au/pavetheway and every dollar, no matter the amount, will really help.

Thank you for getting involved in this 24-hour challenge.

P.S all gifts over $2 is tax deductible for Australian taxpayers!

Chris Ronalds SC


Chair, Indigenous Barristers' Strategy Working Party

Coming up in CPD next month

Mon Sep 15 2014

On Tuesday 7th October at 5.15pm, we have a seminar being held in the Common Room:

"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

Australian Young Lawyer of the Year Award

Mon Sep 15 2014

The Law Council of Australia has announced the winners of its annual Australian Young Lawyer of the Year Award. The individual category was won by Queensland Solicitor, Ms Kara Cook, and the organisation award was presented to the New South Wales Young Lawyers’ Workplace and Safety Committee. Learn more here.

Independent Children's Lawyers Conference 2014: Honouring the Role

Mon Sep 15 2014

The Children's Committee of the Family Court of Australia, the Federal Circuit Court of Australia and the Family Court of Western Australia, in conjunction with National Legal Aid, with the support of the LCA's Family Law Section invite members to the inaugural national conference for independent children's lawyers. The conference, which is for practising ICLs and barristers undertaking ICL work, will take place on Tuesday, 7 October 2014, at the Hilton Hotel Sydney. Download a program here.

Coming up in CPD next week

Mon Sep 15 2014

Next week we have a seminar being held in the Common Room on Tuesday 23 September at 5.15pm.

"Effective Negotiation 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

Applications sought: arbitrators on exploration licences and assessment leases

Fri Sep 12 2014

The NSW Government recently commissioned an independent review of the land access arbitration framework under the Mining Act 1992 and Petroleum (Onshore) Act 1991. Following that review, a new Panel of Arbitrators is being established with specific eligibility criteria. The Minister for Resources and Energy is inviting applications from persons wishing to be considered for appointment to the Arbitration Panel. Details of how to apply and the eligibility criteria is available on the Division of Resources and Energy website. Applications close 7 October 2014.

eServices for Corporations Law Practitioners

Fri Sep 12 2014

The Federal Court will hold an information session for practitioners, to be hosted by Justice Jacobson on Friday, 26 September 2014 between 1:00 pm — 1:45 pm 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 Patent & Trade Mark matters

Light refreshments will be provided at the conclusion of the session. For more information, or to register, click here.

Revised Legal Aid NSW General Criminal Law Practice Standards

Fri Sep 12 2014

Panel lawyers are advised that the General Criminal Law Practice Standards have been revised. The new practice standards take effect from 15 September 2014. Panel lawyers are required to comply with panel practice standards. The revised practice standards contain important updates on panel lawyers' responsibilities to legally aided clients and Legal Aid NSW and file management requirements.

A copy of the revised practice standards is available at the Practice standards in legally aided matters web page.

Legal Aid NSW General Criminal Law Panel

Fri Sep 12 2014

The Legal Aid NSW General Criminal Law Panel (the panel) will be reopening on Monday 15 September 2014 for new applications and applications for reappointment by current panel lawyers, following a review of the panel documents.

Current panel members due for renewal need to apply for reappointment to the panel if they wish to continue to undertake legally aided criminal law work. These panel members have received an email from Legal Aid NSW providing further information. Current panel members wishing to confirm their renewal date may do so by contacting Margaret Bible on (02) 9219 5804 or at panels@legalaid.nsw.gov.au

New applications and applications for reappointment must be submitted through the Panels Application website by no later than Sunday 12 October 2014 for consideration by the Selection Committee. Any application received after this date will not be considered until the next Selection Committee meeting which will take place in 2015.

Information about the panel is available on the Panels, audit and practice standards web page. This page contains the following which can be viewed or downloaded:

For any further enquiries regarding the panel, please email panels@legalaid.nsw.gov.au