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CPD in April

Tue Mar 31 2015

A number of seminars will be held in the Common Room at 5.15pm in the coming months. Coming up in April:

Wednesday, 1 April: "Slaying the dragon — Speech recognition for Barristers", presented by Mark Robinson SC and Derek Austin and chaired by Philippe Doyle Gray. For full details please download a flyer here

Wednesday, 15 April: "Get a Room. Challenges of buying-in, moving chambers, life in an annex, losing tutors and all the other frustrations of life after readership", presented by Graham Connolly, Tova Gordon, Jeffrey Rose, Michele Kearns and Nick Tiffen and chaired by Nicholas Smith. For full details please download a flyer here

Thursday, 16 April:"Communicating with Aboriginal clients and witnesses", presented by Dr Diana Eades, David Pheeney and Sophia Beckett and chaired by Tony McAvoy. For full details please download a flyer here.

Monday, 21 April: "The Forgotten Children", presented by Professor Gillian Triggs and Professor Elizabeth Elliott AM and chaired by Dr Sarah Pritchard SC. For further details please download a flyer here

Wednesday, 22 April: "Financial Strategies and planning for retirement", presented by Kate McCallum and Tony Clark. Chair TBC. For further details please download a flyer here

Thursday, 23 April: "The 2015 Sir Maurice Byers Lecture". The lecture titled "The Australian Constitution and international law" will be presented by Solicitor-General Justin Gleeson SC and chaired by Jane Needham SC.

The below seminar will be held in the Training room on Level 3 at the Law Society at 5.15pm: Monday, 20 April: "When the ATO comes knocking".Presented by Nicole Aitkin and Hameesha Kumar and chaired by Gary Ulman. For further details please download a flyer here. Registration is required for this seminar, to register please click here

Meditation for lawyers

Tue Mar 31 2015

Following the recent well-attended presentation by Jackie Curran, four meditation groups meet each week at St James’s Church on the corner of King and Phillip streets.

  • Tuesdays: 1.10pm-1.50pm in the chapel in the church
  • Wednesdays: 7.45am-8.30am in the crypt under the church
  • Fridays: 1.10pm-1.50pm in the chapel
  • Sundays: 2.15pm-3pm in the crypt

The group sessions involve 20 minutes meditation with a mantra. All are welcome.

ALSA conference 2015

Tue Mar 31 2015

The Australasian Lawyers Surfing Association Inc is holding its 8th annual continuing legal education conference at Resort Latitude Zero, situated in Sumatra’s beautiful Telo Islands during its prime time swell season. ALSA has exclusive use of the resort accommodation as well as three quality speedboats to surf the many breaks in the whole Telo Island chain. Learn more here.

Tomorrow in CPD

Tue Mar 31 2015

A seminar will be held in the common room tomorrow at 5.15pm: "Slaying the dragon — Speech recognition for Barristers", presented by Mark Robinson SC and Derek Austin and chaired by Philippe Doyle Gray. For full details please download a flyer here

Tonight in CPD

Tue Mar 31 2015

A seminar will be held in the common room tonight at 5.15pm: "Sports disputes and Alternative Dispute Resolution", presented by Alan Sullivan QC & Anthony Lo Surdo SC and chaired by the Hon Justice Geoffrey Bellew. For full details please download a flyer here

A room overlooking Elizabeth Street

Tue Mar 31 2015

Good sized room on busy floor with 2 large windows overlooking Elizabeth Street. The room has a charming aspect looking down Martin Place towards the AWA tower. The room has lovely light and has recently been decorated. Included in the sale is the chambers desk and shelving.

Frederick Jordan Chambers is the largest single group of Barristers in Sydney, providing advice, trial and appellate work across all jurisdictions. $100,000.

Contact Elleanor Gillard, Clerk to Frederick Jordan Chambers via clerk@fjc.net.au.

Out now! Commonwealth Criminal Law, by Troy Anderson

Tue Mar 31 2015

This wide-ranging and timely text covers significant areas of Commonwealth criminal law, including corporate crime, social security and tax fraud, drug importation, money laundering, and offences involving the internet and terrorism. It also deals with the special Commonwealth sentencing regime provided for by the Crimes Act 1914 and analyses how criminal liability for such offences must be proved under the Criminal Code.

Contents:

  • An Overview of Commonwealth Criminal Law
  • General Principles of Criminal Responsibility
  • Offences Against the Commonwealth
  • Offences under the Corporations Act 2001 (Cth)
  • Money Laundering and the Proceeds of Crime
  • Counter-terrorism
  • Serious Drug Offences
  • Child Exploitation
  • Sentencing, Imprisonment and Release
  • Extradition

* rrp $125.00 / Direct Price $115.00

Order your copy now from The Federation Press.

WBF casual drinks

Tue Mar 31 2015

The Women Barristers Forum invites all barristers to attend the inaugural WBF casual drinks on Wednesday, 22 April between 5.00pm and 7.30pm on the terrace at Verandah Bar, 55-65 Elizabeth St. Learn more here.

Cash handling at the Family Court and Federal Circuit Court

Tue Mar 31 2015

The Family Court and Federal Circuit Court’s family law registries will be cashless from 1 July 2015. Payment for filing and event based fees can still be made in registries via eftpos, debit card and credit card. Some court filing fees can also be paid online when filed using the Commonwealth Courts Portal www.comcourts.gov.au

Only 7 days to go until the end of the CPD Year

Mon Mar 30 2015

The CPD year ends 31st March. If you have not got all your points yet you still have time to get your 10 points. To assist members in completing their CPD requirements before the 31 March cut-off date, a number of seminars have been organised to take place in the Common Room at 5.15pm:

Tuesday 24 March:"60 Apps in 60 Minutes", presented by Philippe Doyle Gray,Garry McGrath SC, Michelle Castle and Stephen Walsh. For full details please download a flyer here

Wednesday 25 March:"Regulation 176 and Best Practice Guidelines",presented by Ingmar Taylor SC and Chaired by Trish McDonald SC. For full details please download a flyer here

Thursday 26th March:"Practical Aspects of Sentencing".Presented by Sally Dowling SC, Huw Baker and Grant Brady. For full details please download a flyer here

Monday 30th March:"Forged Mortgages: prevention, consequences, arguments", Presented by Mandy Tibbey and chaired by Marcus Young SC. For full details please download a flyer here

Tuesday 31st March: "Sports disputes and Alternative Dispute Resolution". Presented by Alan Sullivan QC & Anthony Lo Surdo SC and chaired by The Hon Justice Geoffrey Bellew. For full details please download a flyer here

We also have a lunchtime one hour CPD Seminar starting at 1pm in the common room on Wednesday 25th March: "Meditation for Lawyers", presented by Jackie Curran and chaired by Arthur Moses SC.For full details please download a flyer here

Registrations are still open for the New South Wales Bar Association Sydney CPD Conference on Saturday, 28 March, full attendance at this conference will attract 6 CPD points. All four strands will be covered at the conference. For the program brochure please click here

If you are missing a CPD point (or two) then CPD online can assist. Many Bar Association seminars from 2011 onwards are online. If the seminar was accompanied by a paper, that can also be downloaded from CPD online.

You can access CPD online by going onto the Bar Association Website, www.nswbar.asn.au. From here you click on 'For Members' on the left hand side of the screen, then click on 'CPD' under the quick links menu on the right hand side, then click on login required under the heading 'CPD online'.

If you have misplaced your login and password details you are able to reset your details by clicking on 'member sign in' which appears in the top right hand corner of the screen on our homepage. You then click on 'unknown password or username', this will then prompt you to add your surname and date of birth. This will trigger an email to be sent to you with your new details. The email will be sent to the registered email address on our records.

ABA Platinum Reserve Credit Card

Mon Mar 30 2015

With unrivalled travel, shopping and dining privileges, the ABA Platinum Reserve Credit Card is the Card that truly rewards you for living life to the fullest – making it the ideal Card for hard-working ABA members.

Apply now to receive a $295 Statement Credit

New Card Members who apply by 30 April 2015, are approved and spend $500 on eligible purchases within the first two months will receive a $295 Statement Credit – that’s enough to cover your first year’s annual Card fee.

This introductory offer excludes existing Card Members or previous Card Members who have held an American Express Card in the last 12 months.

Tomorrow in CPD

Mon Mar 30 2015

A seminar will be held in the common room tomorrow at 5.15pm: "Sports disputes and Alternative Dispute Resolution", presented by Alan Sullivan QC & Anthony Lo Surdo SC and chaired by The Hon Justice Geoffrey Bellew. For full details please download a flyer here

Tonight in CPD

Mon Mar 30 2015

A seminar will be held in the Common Room tonight at 5.15pm: "Forged Mortgages: prevention, consequences, arguments", presented by Mandy Tibbey and chaired by Marcus Young SC. For full details please download a flyer here

Large external room for licence

Mon Mar 30 2015

Available immediately. This large (26 square metre) room has excellent natural lighting for a large semicircular window. It is fully fitted out with extensive shelving, cabinets and robing cupboard. A large, custom made table provides plenty of space for work and clients.

Chalfont Chambers has one silk and seventeen juniors. The members of this busy floor practise in a large range of jurisdictions including Equity, Family, Administrative and Commercial Law. An open collegiate atmosphere is encouraged.

The Chambers are convenient to the Supreme and Federal Courts and are located in the busy high end shopping area of Castlereagh Street, with every amenity close to hand. The room is available for licence immediately until 31 January 2016, with the possibility of an extension after that date.

Floor fees are $2,500.00 per month plus GST and incidentals. The room is available for inspection by appointment. Please contact Judy Ireland: clerk@culwulla.com.au or 9231 4611.

STEP address: Forum shopping for trusts

Mon Mar 30 2015

The Society of Trust and Estate Practitioners (STEP) invites you to an address by Tony Slater QC on "Forum Shopping for Trusts". The event will take place on Wednesday, 15 April 2015 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.

ABA conference in July

Mon Mar 30 2015

The Australian Bar Association is pleased to confirm Washington DC and Boston as the locations for its 2015 biennial 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.

For further details and registration please click here

Bar Council business for 12 March 2015

Fri Mar 27 2015

Bar Council met on 12 March 2015 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 12 March 2015 here.

Public Defenders Practical Advocacy Course for “Under 5s practising in Criminal Law"

Fri Mar 27 2015

The public defenders are seeking expressions of interest from NSW barristers of five years and under to participate in a practical advocacy training course for criminal lawyers. The course consists of six evening sessions of approximately 1.5 hrs, commencing in April and concluding in September 2015. There will be one - two sessions per month depending on the number of expressions of interest received.

The cost of the course is $240 ($40 per session) with payment required prior to commencement. If you are interested please complete the one page registration form located on the Public Defenders Office website, and submit to pd_admin@agd.nsw.gov.au by 11 March 2015. Numbers are strictly limited and as a result places cannot be guaranteed.

2015 Proposed Program*
  • 1 & 8 April Kara Shead: Techniques in evidence in Chief
  • 6 & 13 May Judge Yehia SC: Practical Advocacy – the Jury.
  • 3 & 20 June Craig Smith SC: to be advised
  • 1 & 8 July Michael King: Tendency notices &Evidence – practical matters
  • 5 & 12 August Chrissa Loukas SC: Severity Appeals to the CCA
  • 2 & 9 September Judge Flannery SC: Sentence and Legal Argument – practical advocacy

*subject to change depending on number of applicants.

All enquiries to Ruth Heazlewood - Chambers Manager, Public Defenders Ph:(02)9268 3111 Email: Ruth_Heazlewood@agd.nsw.gov.au Web: www.publicdefenders.justice.nsw.gov.au

Volunteers sought for pro bono schemes in 2015: a message from the president

Fri Mar 27 2015
Dear colleagues

Members need no reminding that there has been a proliferation of pro bono schemes. The Bar Association has repeatedly stated that such schemes are not intended to relieve governments of their obligation to provide adequate funding for legal aid services. Nor are they intended to provide general assistance for unrepresented litigants or for complex and lengthy trials. They are, however, designed to assist deserving litigants to have their cases properly presented.

Those members who volunteer their services for any or all of the schemes in the attached lists, are reminded that pro bono assistance is not to be used as an introduction to obtain a speculative€™ brief.

I would also like to ask members to again offer their support for our own Legal Assistance Scheme. Our scheme, which has formally existed since 1996, offers people who genuinely cannot afford to pay for barristers the opportunity to have their matters legally assessed and, if appropriate, to have barristers appear for them in court. Over the years there has been a significant increase in the number of requests for assistance. There is no indication that the increase in requests will abate. In order that the same generous people are not overburdened from doing legal assistance work, and to assist us in the day-to-day running of the scheme, I should be grateful if members would indicate their willingness to be involved, stipulating their preferred areas of law. The scheme'€™s guidelines are available from the Bar Association'€™s web site at www.nswbar.asn.au under €Legal Assistance€™. The guidelines are also available at the Bar Association'€™s Reception. If you are willing to offer your services to assist, please complete the accompanying form and return it as soon as possible. The information will be used to prepare the 2015 list that will be provided to all courts involved in the scheme.

LARS now includes mediation

The NSW Bar Association has been a Recognised Mediation Accreditation Body since May 2008. Since this date, the association has accredited 92 members as mediators.

The LARS program has now been expanded to include mediation. Where the parties to the dispute have agreed upon mediation or a court or tribunal has ordered the dispute to mediation, an application may be made under LARS for the assistance of barristers as legal representatives for mediations and also the services of barristers as independent mediators to facilitate the resolution of disputes.

If the matter is referred to a barrister as an independent mediator, that barrister will be a mediator accredited by the Bar Association under the National Standards for Accreditation of Mediators. The barrister will undertake mediation for up to four hours at no cost to the parties. Any further assistance will be by agreement with the parties.

The legal assistance form has been updated accordingly to include a page specifically for barristers accredited as mediators under the national accreditation scheme who wish to offer their services.

Supreme Court

The Supreme Court operates, with assistance from the Bar Association, a scheme for the provision of legal assistance on a pro bono basis to deserving litigants in appropriate cases commenced in that court. The central aspects of the scheme were embodied in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

A judge will make an order for referral to LARS, who will then contact a barrister who has volunteered to participate. Barristers may provide assistance including advice in relation to proceedings, the drafting and settling of documents to be filed or used in proceedings, representation on directions hearings, interlocutory or final hearing, in arbitrations and mediations.

This year, again, I urge all members of the Bar with expertise in the areas of practice covered by the scheme to offer their services. If the scheme is to succeed, it requires the co-operation of sufficient numbers of members of the Bar to ensure that the burden of providing pro bono assistance under it does not fall unfairly on only a few of our members.

Federal Magistrates Court Pro Bono Scheme

I would like to encourage members to volunteer their services for a pro bono scheme established by the Federal Magistrates Service. Volunteers will usually be approached directly by solicitors on the court’s pro bono panel, although there may be occasions when the court will approach a barrister direct. Volunteers are being sought for the following jurisdictions: family law, migration, bankruptcy, human rights, judicial review, including Administrative Decisions Tribunal appeals, trade practices and privacy.

Part 12 of the Federal Magistrates Court Rules establishes a scheme to facilitate the provision of legal assistance to parties who are otherwise unable to obtain assistance if to do so is in the interests of the administration of justice.

Federal Court Pro Bono Scheme

I take this opportunity to again ask members of the Bar to volunteer for this scheme if they have not already done so. Those members who have already volunteered would no doubt be glad if some additional names could be given to the Registrar. The feedback on the operation of the scheme to date has been very good and to those members who have been involved I record my thanks. The central aspects of the Federal Court scheme are contained in Order 80 of the Federal Court Rules.

District Court Pro Bono Scheme

I would like to encourage members to volunteer their services for the pro bono scheme established by the District Court and which operates along lines similar to those operated by the Supreme Court of NSW and the Federal Court. The central aspects of the District Court scheme are contained in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

Jane Needham SC
President

Australian Academy of Law Patron's Address for 2015

Fri Mar 27 2015

The Australian Academy of Law (AAL) will be holding the fourth of its annual Patron’s Addresses on Monday, 18 May 2015 at 5.30pm on Level 21, Queens Square. "Magna Carta and the Development of the Common Law" will be delivered by Professor Paul Brand FBA, emeritus fellow, All Souls College, Oxford. To learn more about the address, or how to reserve your place, download a flyer here.

Coming up in CPD next week

Fri Mar 27 2015

A number of seminars have been scheduled in the Common Room for next week:

Monday 30th March:"Forged Mortgages: prevention, consequences, arguments", Presented by Mandy Tibbey and chaired by Marcus Young SC. For full details please download a flyer here

Tuesday 31st March: "Sports disputes and Alternative Dispute Resolution". Presented by Alan Sullivan QC & Anthony Lo Surdo SC and chaired by The Hon Justice Geoffrey Bellew. For full details please download a flyer here

Wednesday 1st April:"Slaying the dragon— Speech recognition for Barristers". Presented by Mark Robinson SC and Derek Austin and chaired by Philippe Doyle Gray. For full details please download a flyer here

Have you updated your personal details on Find a Barrister?

Thu Mar 26 2015

The Bar Association has revised the way it classifies the areas of practice listed on “Find a Barrister”. The new categories and sub-categories more accurately reflect the nature of barristers’ practices. Members can nominate up to seven principal areas of practice, and an unlimited number of sub-categories under each primary area. This system provides more specific guidance for solicitors and others who use the facility to find those barristers most appropriate to their particular circumstances.

Without practice areas, clients might not find you

The areas of practice listed on the old Find a Barrister facility ceased on 30 April. If you haven't replaced them, there is a chance that solicitors and others might not find you. Furthermore, some Bar Association notices are sent to members practising in a particular area of law, say mediation, and if your entry on Find a Barrister is incomplete you might miss out.

How to amend your practice areas
  • Log in to the members' section of the Bar Association website, click on MEMBER SIGN IN on the top right hand corner of the home page.

  • At the SIGN IN page, enter your username and password. In most cases, this will be the same as your CPD video streaming login. If you are unaware of either or both details, click on Unknown username or password? and follow the prompts.

  • If your sign in is successful, it will say WELCOME [NAME] the top right corner of the home page.

  • Click on the cog wheel next to your name. This will deposit you on the Member Dashboard page.

  • Here, you can attach a photo of yourself and update the practice areas. The photo must be current and suitable for your professional profile, not one which might be used for social media purposes.

  • Remember, clicking on a broad area of practice automatically selects every sub-category. It is up to you to "un-select" the narrower practice areas that do not relate to you. It is advisable to keep the selection of the broad area of practice in order for a more general search to locate you. For example: If you select Common law / personal injury, but do not do appellate or professional negligence matters, then unselect those two sub-categories, while being sure to retain Common law / personal injury.

  • When you have finished your practice area selection, log out of the member dashboard.

If you have tried these steps, and still are unable to add or amend your practice areas, contact the Bar Association on ph: (02) 9232 4055 for further assistance.

Tonight in CPD

Thu Mar 26 2015

Tonight we have a seminar taking place in the Common Room at 5.15pm: "Practical Aspects of Sentencing", presented by Sally Dowling SC, Huw Baker and Grant Brady. For full details please download a flyer here

A win for the legal assistance sector

Thu Mar 26 2015

In response to fierce criticism from bar associations and law societies around the country, Attorney-General George Brandis has announced that planned cuts to legal assistance will not take effect on 1 July 2015. Instead, $25.5 million of funding for Legal Aid commissions, community legal centres and Indigenous legal service providers for 2013-14-2017 will be restored. Total federal government funding for the legal assistance sector from 2013-14 to 2016-17 will be over $1.327 billion. View the attorney general's media release here. The attorney's announcement was applauded by NSW Attorney General Brad Hazzard.

President Jane Needham SC welcomes announcement by Attorney-General Brandis

Thu Mar 26 2015
Statement by Bar Association President Jane Needham SC

The New South Wales Bar Association welcomes today's announcement by Attorney-General Brandis, reversing foreshadowed cuts to legal assistance funding. The Bar Association, along with the Law Council of Australia, has previously urged the federal government to come up with a long term solution to the national legal aid crisis, and recently did so specifically in relation to Indigenous legal services. Today's restoration of funding will bring certainty and stability to funding levels for the next two years. We congratulate the federal attorney-general on this initiative, which will benefit the most disadvantaged and vulnerable members of our community. The Bar Association is particularly pleased to note that the funding package will substantially preserve the position of Indigenous legal services, as well as Legal Aid commissions and Community Legal centres, throughout the nation.