2015 Tristan Jepson Memorial Lecture

Wed Sep 16 2015

The Annual Tristan Jepson Memorial Foundation Lecture will take place on 27 October 2015 at 6.00pm in the Federal Court of Australia, Level 21, Queens Square. The lecture will be delivered by Alex Malley FCPA, chief executive of CPA Australia. The 2015 lecture will be recorded and later distributed to those who cannot attend in person in Sydney.

Common Law Practice Update 90

Wed Sep 16 2015

The Bar Association's Common Law Committee has published Practice Update 90, with case notes on section 60 of the Motor Accidents Compensation Act 1999 (NSW); section 5D of the Civil Liability Act 2002 (NSW); occupiers liability; contributory negligence; and choice of law. Download CLPU 90.

Mediator Chat is on tonight

Tue Sep 15 2015
It's not too late to RSVP!

The Mediation Practice Group, a sub-committee of the Bar Association's ADR committee, invites you to "mediator chat" and twilight drinks at Silks Coffee Lounge, 70 Phillip Street, Sydney, on 15 September 2015 from 5.30pm.

"Mediator chat" is an opportunity for mediators at the New South Wales Bar to get together in an informal social environment, with the bonus that at each function a topic relevant to mediators will be discussed in a light hearted way.

The proposed topic for our next chat is "A good mediator needs only one day to resolve a dispute – anything more is just fee generation". Ian Bailey SC and Danny Feller SC will lead the chat. Members are welcome to come for a drink, with the chat commencing at around 6.00pm, followed by a general discussion.

The cost is $30 per head payable in cash at the door, and will include two drinks (wine/beer/soft drink or mineral water) and assorted canapés.

For catering purposes, please RSVP right now (don't delay) to Deborah Robinson on 8224 3008 on or Julie Soars on 8224 3017 or

Attendees are entitled to claim 1 point towards continuing professional education for the purposes of mediator accreditation/re-accreditation.

Two CLA seminars in September and October

Tue Sep 15 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 a lunchtime seminar on Implied Terms in Contracts by Emeritus Professor John Carter; consultant, Herbert Smith Freehills. 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.

For the diary: Stolen Generations Inquiry parliamentary event

Tue Sep 15 2015
Making amends: is reparation in sight for the NSW Stolen Generations?

The Public Interest Advocacy Centre invites members to a free panel discussion focusing on the inquiry into reparations for the Stolen Generations, currently being undertaken by General Purpose Standing Committee No. 3 of the New South Wales Parliament. It will take place on Thursday, 17 September 2015 at 12.30-2.00pm in the Parliamentary Theatrette, Parliament House, Macquarie Street.

Confirmed speakers:

  • The Hon Linda Burney MP, shadow minister for Aboriginal affairs
  • Ms Kirstie Parker: co-chair, National Congress of Australia’s First Peoples
  • (chair) Ms Katie Kiss: PIAC Board Director
  • Uncle Michael Welsh, a survivor of Kinchela Boys Home and advocate for the Stolen Generations’ members.
  • Jan Barham MLC, Greens, chair of the parliamentary inquiry undertaking the inquiry. Tickets to this event are free, please book here Please contact Meredith Downes for more information:

For the diary: South Pacific Lawyers Conference

Tue Sep 15 2015

The South Pacific Lawyers’ Association will be hosting its second South Pacific Lawyers’ Conference in Brisbane on 17 -18 September 2015. The SPLA was established in 2007 by a joint initiative between the Law Council of Australia, the New Zealand Law Society and the International Bar Association. The mission of SPLA is to promote the administration of justice and the interests of the legal sector by assisting developing law societies and bar associations to improve and advance law in the South Pacific. The conference will address the legal training needs of the South Pacific lawyer by providing practical and interactive workshops on key topics for the profession. Learn more here.

For the Diary: Salvos Legal 2015 Lecture Series

Tue Sep 15 2015

Members are invited to attend the Salvos Legal 2015 Lecture Series, to be held on Saturday, 14 November at 140 Elizabeth Street, Sydney. Speakers include the Hon Murray Gleeson AC QC, the Hon Justice Rachel Pepper, Judge Tom Altobelli, Judge Justin Smith SC and Judge Elizabeth Olsson SC. Support the community and earn CPD points by attending this conference. Attendance for a full day will attract five CPD points. For more information about speakers, or to register, visit Salvos Legal.

Upcoming CPD Courses: Accounting & Valuation

Tue Sep 15 2015

This practical four week course has been organised in collaboration with KordaMentha Forensic. The course will run over four consecutive Thursdays (5pm to 7pm) in October 2015. It is designed to teach barristers the basic principles of accounting and valuations. The course is interactive and leads the participants through the transactions of a simple company. It also uses the financial statements of a major listed company to illustrate accounting and valuation concepts.

The course will be taught by experts from KordaMentha who are experienced in explaining accounting and valuation issues in expert reports and in evidence. Each session will run for about two hours and there will be optional additional reading between these sessions.

For more details about each session and the costs involved, please click here

These workshops are run by registration only and places in each course are strictly limited. To register and pay to secure your place, please click here

Tomorrow: swearing-in for Gregory Farmer SC

Mon Sep 14 2015

Gregory Farmer SC will be sworn-in as a judge of the District Court of NSW tomorrow, 15 September 2015. The ceremony will be held at 9.00am on Level 21 of John Maddison Tower, 86 Goulburn Street. Attorney General Gabrielle Upton will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Jane Needham SC named Woman Barrister of the Year

Mon Sep 14 2015

President Jane Needham SC was named Woman Barrister of the Year at the 2015 NSW Women Lawyers Achievement Awards held at a gala presentation dinner at Dockside Cockle Bay on Friday, 11 September. The awards were presented by former governor general, Dame Quentin Bryce and Acting Justice Jane Matthews. The Lifetime Achievement Award went to former president of Women Lawyers Association and the New South Wales Bar Association, the Hon Justice Ruth McColl AO. Life memberships were presented to the Hon Justice Anna Katzmann, Justice McColl AO and Phillipa Gormly of Blackstone Chambers. Anne Healey, of Frederick Jordan Chambers, was named Woman Lawyer of the Year 2015. The New South Wales Bar Association is a platinum sponsor of the awards.

The ALRC is turning 40

Mon Sep 14 2015

The Australian Law Reform Commission is celebrating its 40th anniversary. Join Professor Rosalind Croucher AM, ALRC president; the Hon Robert French AC, chief justice of the High Court; Attorney-General George Brandis QC; and the Hon Michael Kirby AC CMG for a celebration on the 23 October 2015 at 5.00pm in the Ceremonial Court of the Federal Court, Queens Square. RSVP by Monday, 19 October 2015 to ph: (02) 8238 6304 or email:

Senior counsel selection process: a message from the president

Fri Sep 11 2015

This morning the Australian Financial Review published a piece headed "No silk road to seniority".

The article erroneously refers to applicants said to be on a "short list" for appointment as senior counsel in 2015. The Bar Association understands from the AFR that the "leaked shortlist" to which the article refers was taken from a list of purported applicants which was recently published on the Justinian website, along with an observation that around 24 senior counsel are expected to be appointed. The article is incorrect. There has been no leak of any "shortlist". Nor does the selection committee set any quota for the number of appointments in any given year. No member of the selection committee, nor any member of the NSW Bar Association staff, provided any information to the AFR in relation to the article.

The AFR has apologised for its error and has corrected the article in its online version of the article. A correction will also appear in the hard copy edition.

It is of the utmost importance that the deliberations of the Senior Counsel Selection Committee are entirely confidential. That is the only way that the appointment system can work. I can assure members that this is the case and that no information was provided to the AFR regarding any applicant or the committee’s processes.

Jane Needham SC


Treatment of inmates serving life sentences

Fri Sep 11 2015

The Legislative Council Standing Committee on Law and Justice will conduct an inquiry into the security classification and custodial management of inmates sentenced to life imprisonment. The committee will investigate whether prisoners sentenced to life imprisonment should receive access to rehabilitative programs or be reclassified from maximum security to medium and minimum security facilities.

The closing date for submissions is Sunday, 25 October 2015. The committee intends to hold public hearings in November. For further information about the inquiry, including its terms of reference, or for more information on how to make a submission, please go to their website, or call the committee secretariat on (02)9230 3544.

Family Dispute Resolution Service at Legal Aid

Fri Sep 11 2015

The Family Dispute Resolution Service at Legal Aid NSW is happy to announce that it is now accepting applications from suitably qualified family dispute resolution practitioners to join its General Early Intervention Panel. Interested persons should visit the Legal Aid NSW website.

  • Read the Application Guidelines and FAQs
  • Read the Service Agreement
  • Complete the on-line application form

Once an applicant is appointed to the General Early Intervention Panel, the applicant may be appointed at the discretion of Legal Aid NSW to other specialist panels such as the Litigation Intervention Panel, the Property Panel and the Care and Protection Panel or invited to undertake mediation work in an area not assigned to an existing panel

Applications must be lodged by 30 September 2015.

Common Law Practice Update 89

Thu Sep 10 2015

The Bar Association's Common Law Committee has published Practice Update 89, with case notes on section 63 of the Motor Accidents Compensation Act 1999 (NSW); sections 5B and 5C of the Civil Liability Act 2002 (NSW); and psychological injury. Download CLPU 89 here.

For the diary: International Humanitarian Law Fundamentals

Wed Sep 09 2015

The Red Cross will host a seminar on International Humanitarian Law Fundamentals on Saturday, 26 September from 9.30am to 4.30 pm, with a light lunch provided. The seminar will examine the Geneva Conventions and their Additional Protocols, the activities and modus operandi of Red Cross in times of armed conflict and the significance of the red cross, crescent and crystal emblems. It will explore these concepts and other international issues associated with armed conflict. The cost is $60, and $30 for students. Email The venue is Level 4, St Andrews House, 464 Kent St, Sydney. Registration essential through

Tonight: History of the Law of Torts

Wed Sep 09 2015

The Francis Forbes Society for Australian Legal History will hold its next tutorial tonight, 9 September 2015 at 5.10 pm. Judge Nick Manousaridis of the Federal Circuit Court of Australia will present on "The History of the Law of Torts". The venue for the tutorial is the Banco Court, Supreme Court of NSW, Level 12, Law Courts Building, Queen's Square. The tutorial will conclude no later than 6.10 pm. The judge's paper will be distributed at the tutorial. Everybody is welcome to attend. Light refreshments will be served.

The Janet Coombs Lunch for New Female Barristers

Wed Sep 09 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.

Two CLA seminars in September and October

Wed Sep 09 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.

TONIGHT: AACL seminar on implied freedom of political communication

Tue Sep 08 2015

The Australian Association of Constitutional Law invites members of the bar to a seminar titled "The Second Limb of Lange: the Continuing Uncertainties with the Implied Freedom of Political Communication". It will be presented by Associate Professor James Stellios (Australian National University and St James Hall Chambers) tonight between 5.30-7.00pm in the Federal Court, Queens Square.

Commentators: Jeremy Kirk SC (Wentworth Chambers); Kristen Walker QC (Owen Dixon West Chambers); Chairperson: Michael Sexton SC (Solicitor General for New South Wales)

Over the last few years, the High Court has handed down a number of decisions on the implied freedom of political communication. This paper will consider four areas of continuing uncertainty with the application of the second limb of the Lange test: (i) the interpretive method adopted for revealing the legislative purpose; (ii) the methodology for identifying whether an end is legitimate; (iii) the structure of the test to be applied in determining whether the law is reasonably appropriate and adapted to a legitimate end; and (iv) the approach to take where burdens arise from an exercise of statutory discretion.

The event is open to members. Membership of AACL is $70 per annum. Among other benefits, it confers the right to attend AACL events (4-5 seminars per year). Membership applications are accepted at the door. Learn more about the AACL and it's program of events here.

Appointments to courts in other states

Tue Sep 08 2015

Justice Catherine Holmes of the Queensland Court of Appeal has been appointed as the chief justice of Queensland. Learn more here.

Victorian Attorney-General Martin Pakula has announced that Senior Crown Prosecutor Peter Kidd SC has been appointed as chief judge of the County Court. Learn more here.

Tiro: Coming soon to every device near you

Tue Sep 08 2015

Over the last few months we have been busily testing our new cloud based product with focus groups and beta users, to ensure it will meet the needs and expectations of barristers of varying practice types. We have met with a diverse set of users and have taken their feedback seriously. We have received very positive feedback about the functionality, ease of use, and accessibility of Tiro across PC, Mac, iPads, and Android tablets – all without the need to install, backup or update any software. As a result of the feedback we received, we added some enhancements to optimise the product’s flexibility. Our testing is almost complete, and we will launch Tiro in mid-September.

Over the next week we will be releasing some sneak peeks at some of the key features of our product, and introductory discounts via social media - follow the links below or register your details at to make sure you don't miss out.

Twitter: LinkedIn: Instagram:


Absolutely free for readers. No gimmicks or hidden costs. We understand the constraints that you may experience during your reading year and are happy to provide a complimentary license during this period. Send us an email at and we will provide you the instructions to claim your free subscription. Enjoy.

Tendency and Coincidence Evidence

Mon Sep 07 2015

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