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Bar Council business for July-August 2015

Mon Aug 31 2015

Bar Council met on 16 July, 30 July and 13 August 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. View the minutes for 16 July, 30 July and 13 August.

Local Court must be properly resourced

Mon Aug 31 2015

The Bar Association has issued a media release, calling on the New South Wales Government to ensure that the Local Court has sufficient resources to deal with its increasing workload. View the media release here.

Two CLA seminars in September and October

Fri Aug 28 2015

The Commercial Law Association of Australia is celebrating its 50th anniversary in 2015 and to mark the occasion, the CLA has organised a half-day conference on Class Actions (18 September 2015) and special one-day conference on Commercial Law and Government (23 October 2015). Both events will be held in the Dixson Room, Mitchell Wing, NSW State Library. For more information about these and other conferences, or how to join the CLA, visit their website.

A room and a half for sale on Ninth Floor Selborne Chambers

Fri Aug 28 2015

A room and a half on Ninth Floor Selborne Chambers has recently been made available for sale (4,500 shares). The room is situated on the Phillip Street side of Selborne Chambers with windows overlooking the light well. Internal windows are scheduled to be upgraded this Christmas break in line with Counsel’s Chambers proposed building improvement works. Learn more here.

Bar FC make the finals

Fri Aug 28 2015

Bar FC will commence its finals campaign on 31 August 2015 at 12.00 pm. The game will be played in high spirits when Bar FC take on Sydney Business School for the right to defend its Championship status. The squad for Monday is as follows:

  • Angus Lang
  • Shereef Habib SC
  • Jonathan Clarke
  • Matt Vickers
  • Simon Phillips
  • Sebastian Hartford Davis
  • Greg Watkins
  • Scott Goodman
  • Richard Di Michiel
  • John Harris (GK)
  • David Larish
  • Nicole Compton
  • Colin Magee
  • Anais d’Arville
  • Ben Phillips

All supporters and lovers of football played like Barcelona are welcome to attend. The game is played in the Domain on the field above the Domain Car Park.

Local Court sitting arrangements in the Christmas-New Year period

Fri Aug 28 2015

Like Christmas decorations in shops and the appearance of hot cross buns in supermarkets, announcements to do with court sitting arrangements in the holiday season seem to get earlier each year. The first to announce this year's arrangements is the Local Court of NSW. The chief magistrate's notice can be viewed here.

Judicial resources the key to solving criminal trial delays

Fri Aug 28 2015

The Bar Association's call for the appointment of additional District Court judges to address chronic delays in the disposal of criminal trials has been reported in today's Australasian Lawyer. President Jane Needham SC said that although measures such as encouraging early guilty pleas may have some utility, "it is clear to the association that the delays can only be addressed by structural change including additional judicial resources." View the article here.

Help Abdul - crowd funding sought for pro bono case

Thu Aug 27 2015

Salvos Legal Humanitarian is seeking help from members of the Bar Association to crowd fund an important pro bono case. The object is to raise $11,500 to "help Abdul" pay off his outstanding debt to the Commonwealth, which prevents the applicant from obtaining a partner visa to care for his profoundly disabled wife here in Australia.

Appointment to the District Court of NSW

Thu Aug 27 2015

Gregory Farmer SC has been appointed as a judge of the District Court of NSW. He will replace Judge Colin Charteris, who is retiring on 3 September after 12 years on the bench. Further and better particulars of the swearing-in will be announced closer to the date. View Attorney General Upton's media release here.

For the diary: arbitration in Africa

Thu Aug 27 2015

The French Australian Lawyers Society (FALS) and Australia Africa Business Council (AABC) invite members to a seminar on The OHADA Unified Business Code and Arbitration System in Africa, to be held on Friday, 28 August 2015 from 6.00pm – 8.00pm at The Glover Cottages, Australian Institute of International Affairs, 127 Kent Street, Millers Point 2000. Learn more here.

Coming up in CPD next month

Thu Aug 27 2015

A seminar will be held on Wednesday, 9 September 2015 at 5.15pm in the Common Room. "Tendency and Coincidence Evidence" will be presented by Professor Peter Mirfield (Oxford University) and chaired by Stephen Odgers SC. Learn more here.

Are you using the right bookkeeping software?

Wed Aug 26 2015

Are you using the right bookkeeping software? If it isn't ticking all the boxes then it's time to switch:

  • Is your software reliable and stable?
  • Can multiple users access your data at the same time?
  • Can you use your software on multiple devices for free?
  • Does your data sync in real-time?
  • Is your data saved locally and backed up in the cloud?
  • Do you own your data?
  • Are additional licence fees for your assistant or accountant free?
  • Can you use your software online and offline?
  • Is training and support provided as part of your subscription?
  • Will your provider come and visit your Chambers for support?

BarBooks ticks all of those boxes and more. We also pride ourselves on looking after our customers and listening to what they have to say.

Our apps will be launching shortly so whether you're online or without an internet connection, in your chambers, in court or at home, you'll be able to use BarBooks. Accessing your data is easy, so you can continue to manage your matters and invoice clients while you are on the go.

Download a free 14 day trial of BarBooks today at www.BarBooksAustralia.com and see how it can save you valuable time and money. Alternatively, for a no obligation chat about how BarBooks can benefit you, call our Business Development Manager Charlotte on 0476158335.

Buy an annual subscription before 1 September and get a free iPad mini 2 worth $369. Don't miss out - this offer expires on 31 August!

Reminder: Forbes Society legal history tutorial tonight

Wed Aug 26 2015

The Forbes Society's legal history tutorial, "The History of Contract Law", by Acting Justice Peter Young, will take place tonight between 5.10pm and 6.10pm in the Banco Court on Level 13 of the Law Courts Building. Everybody is welcome. Light refreshments will be served.

Bar News (Winter 2015) is out now

Wed Aug 26 2015

The Winter 2015 edition of Bar News is out now, in print and online. If you have not received your copy in the mail, it's possible that you haven't notified the Bar Association about your change of address. To do so, contact the association's certification officer via email.

Fees in advance

Wed Aug 26 2015

Did you know that the legislation regulating barristers receiving fees in advance in direct access matters changed on 1 July 2015? The new provisions are clauses 15 and 16 of the Legal Profession Uniform Law Application Regulation 2015 ('the Application Regulation'). Read more about fees in advance.

Appellate Advocacy Intensive

Tue Aug 25 2015

There are a few places available to join some of Australia’s most senior judges and barristers at the ABA’s Appellate Advocacy Intensive in Sydney, 18-20 September 2015. This is a rare and invaluable opportunity for senior Juniors and Silks to demonstrate their expertise and get feedback and suggestions. Learn more here.

The Janet Coombs Lunch for New Female Barristers

Tue Aug 25 2015
Hosted by the Women Barristers Forum & WLANSW

Members are invited to join distinguished guests for the WBF / WLANSW biannual lunch and meet the new women at the bar. The event will be held on Friday, 11 September 2015 from 1.00pm-2.00pm in the Law Society of NSW, Level 2, 170 Phillip Street. Cost is $35pp and includes the luncheon, wine & beverages. Please click here for the registration form and further details. Bookings are essential to ensure adequate seating and catering. Limited places so please book early and RSVP by 7 September.

For the diary: Aviation Criminal Recklessness

Tue Aug 25 2015
Thursday, 17 September 2015 - 12.30pm lunch for 1.00pm seminar

The Aviation Law Association of Australia and New Zealand (ALAANZ) is hosting a lunch seminar with a presentation from Tom Janson of Shine Lawyers (aviation, commercial and insurance law specialist) on "Aviation Criminal Recklessness". Discussion will focus on the criminal responsibility arising within the aviation industry. Learn more here.

Latest data on delays in the District Court

Mon Aug 24 2015

The Bureau of Crime Statistics and Research has published new data showing the time taken to finalise criminal cases in the NSW District Court is growing. The August edition of Crime and Justice Bulletin reports that in 2007 the average time between committal for trial and case finalisation for custody cases in the District Court was 209 days. Last year it was 300 days; an increase of 44 per cent. Learn more here.

Contracts in Commercial Law

Mon Aug 24 2015

Contracts in Commercial Law is an international conference exploring the nature and operation of the law of contracts in commercial law. The speakers for Contracts in Commercial Law are leaders in contracts scholarship and practice drawn from the highest ranks of the judiciary, academy and profession. The conference is convened by Professor Simone Degeling (UNSW Law), The Hon Justice James Edelman (Federal Court of Australia) and Associate Professor James Goudkamp (University of Oxford) and is the successor to the highly successful Fusion Conference (2004), Restitution in Commercial Law Conference (2007) and Torts in Commercial Law (2010).

  • Host: UNSW Law
  • Dates: 18—19 December 2015
  • Location: Domain Theatre, Art Gallery of New South Wales
  • Register & Information: www.contracts.law.unsw.edu.au
  • Contact Information: contracts@unsw.edu.au
  • Discounts: 10% discount for Alumni of UNSW or University of Oxford

Bar FC victorious in the big wet

Mon Aug 24 2015

Bar FC saw off the second placed Sydney Business School in a hard fought 3-2 win on a wet and soggy pitch. Notwithstanding the opening of the heavens, a brave 11 battled in trying conditions to finish the season on equal points with the Division winners (but second only on goal difference).

Today saw Bar FC sitting at 2—0 up at half time after goals from Jonathan Clarke and Richard Di Michiel. A second half resurgence saw the scores tied at 2–2 before Hartford Davis raiding down the right wing struck the ball from the sideline, hit the cross bar and landed in the back of the net. Certainly a contender for goal of the season.

Whilst the performances around the pitch were excellent, special mention must go to Covell and Vickers who both had superb games in defence and O’Shea who had the game of his season. This weeks team was as follows:

  • Angus Lang
  • Sebastian Hartford Davis
  • Jonathan Clarke
  • Matt Vickers
  • Simon Phillips
  • Darren Covell
  • Scott Goodman
  • Richard Di Michiel
  • John Harris (GK)
  • Geoff O Shea
  • Anais d’Arville

Bar FC now play Sydney Business School in the semi final next week on Monday, 31 August at 12.00 pm on top of the Domain Car Park. All supporters of Bar FC are welcome

Amendments to UCPR forms

Mon Aug 24 2015

The Uniform Rules Committee has approved amendments to Form 105 - Notice of Appeal (now version 6), and Form 119 - Affidavit of Applicant for Administration (now version 4). The amendments to Form 105 are:

  • The inclusion of a certificate that the appeal is not restricted by a statutory provision in relation to the amount or value. This certificate is required by rule 51.22
  • The inclusion in the "Orders Sought" of optional orders for an extension of time and for restitution.
  • The inclusion of a note in relation to the service of the notice of appeal on the respondents and the court below.

The amendments to Form 119 are to correct references in the instructions in paragraphs 5, 13 and 14.

The updated forms have been published on the UCPR website.

For the diary: Forbes Society legal history tutorials

Mon Aug 24 2015

The Forbes Society will host the following legal history tutorials, between 5.10pm and 6.10pm in the Banco Court on Level 13 of the Law Courts Building:

  • The History of Contract Law by Acting Justice Peter Young: Wednesday, 26 August 2015
  • The History of Tort Law by Judge Nick Manousaridis: Tuesday, 8 September 2015.
  • The History of Statutory Interpretation by Justice Ashley Black: Wednesday, 7 October 2015.
  • The History of Equity by Chief Justice Tom Bathurst: Tuesday, 27 October 2015.
  • The History of the Law of Restitution (Quasi Contract) by Chief Justice James Allsop: Wednesday, 4 November 2015 (Court 1, Level 21)

This year's annual Forbes Lecture will be presented by Emeritus Professor David Barker (on Wednesday, 11 November 2015) on the History of Legal Education in Australia.

Everybody is welcome. Light refreshments will be served.