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Forbes Society Legal History Tutorial

Mon Oct 26 2015

Tomorrow, Tuesday 27 October 2015, Chief Justice Bathurst will present a tutorial on "The History of Equity". The tutorial will commence at 5.10 pm and conclude no later than 6:10 pm. The venue will be the Banco Court, Level 13, Law Courts Building, Queen's Square. Light refreshments will be served. All members and friends of the Forbes Society are welcome to attend. Everybody is welcome.

New workers compensation regulation to clarify one claim limit

Mon Oct 26 2015

The NSW Government will make a new regulation to enable injured workers in NSW, who made a claim for lump sum compensation before 19 June 2012, to make one further claim if their condition significantly deteriorates. Minister for Innovation and Better Regulation Victor Dominello said the new regulation responded to a recent court decision, Cram Fluid Power v Green [2015] NSWCA 250. View the minister's media release here.

Celebrate the appointment of three female silks

Mon Oct 26 2015

A reminder that the annual Women Barristers Forum event, "Cocktails and Canapés" is on tomorrow night. This year the event is to be held at Hyde Park Barracks Café, on Tuesday, 27 October from 5.30 pm. Fiona McLeod SC, president of the Australian Bar Association will be guest speaker. Fiona has long been a passionate supporter of issues such as gender equity and equitable briefing, both very topical at present. But the main event is to celebrate the appointments of Dominique Hogan Doran SC, Maria Cinque SC and Gina O’Rourke SC. ALL barristers are welcome – men and women alike.

Election of 2016 Bar Council - the Ballot

Mon Oct 26 2015

The ‘How to Vote’ instruction booklet that was issued with each ballot paper contains detailed information about how a valid vote is cast. Members should take care to complete the ballot paper in accordance with the instructions provided. If any member has a query concerning the completion of the ballot paper they should contact the Bar Association for assistance. Ballot papers received after 1.00pm on Thursday, 5 November 2015 will not be counted. More information is available here.

Bar Council business for September 2015

Mon Oct 26 2015

Bar Council met on 10 September and 24 September 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 10 September and 24 September.

Position vacant: District Court Judge

Mon Oct 26 2015
$386,160 per annum plus Conveyance Allowance of $20,805 per annum

The Attorney General is seeking applications from, or nominations of, persons qualified for appointment as a Judge of the District Court of NSW under the District Court Act 1973.

Selection criteria: Applicants or nominated persons must be either current or former judicial officers or Australian lawyers of at least seven years' standing and should be conversant with the law and procedures applied in the District Court of NSW. In addition, all applicants and persons nominating another person should refer to the selection criteria and guidance at www.justice.nsw.gov.au/appointments.

Inquiries: the Honourable Justice Derek Price AM, Chief Judge, District Court of NSW, (02) 9377 5821.

Note: Probity checks will be conducted.

​​​Applications in Word or PDF addressing each of the selection criteria, accompanied by a detailed curriculum vitae and the names of at least two referees, must be completed online by 11.59 pm 8 November 2015.

It will be necessary for previous applicants to submit a fresh application if they still seek such appointment.

Coming up in CPD this week

Mon Oct 26 2015

A number of seminars will be held in the Common Room at 5.15pm next week: Tuesday 27 October:"Second Annual Spigelman Public Law Oration". Presented by The Hon J Allsop AO Chief Justice and chaired by Neil Williams SC. Learn more here.

Thursday 29 October:"Under 5's - Could you improve your Performance at the Bar?". Presented by Shannon Dolan and Lucy Cornell and chaired by Phil Greenwood SC. Drinks and light refreshments will be provided after the seminar to allow for further networking. Learn more here

Call for papers: 2016 Personal Injury Conference

Fri Oct 23 2015

The NSW Bar Association's 2016 Personal Injury Conference is scheduled for Saturday 5 March 2016. The association's Professional Development Department would like to invite members to submit abstracts for papers to be included on the day. Suggestions for papers can be submitted to the senior projects manager, Anna Hurtig Adair.

Reminder: swearing-in for Tony Saunders

Fri Oct 23 2015

Tony Saunders will be sworn-in as a member of the Fair Work Commission at a ceremonial sitting on Monday, 26 October 2015 at 9.00am in Court 15.1, 80 William Street, East Sydney.

Coming up in CPD on Monday

Fri Oct 23 2015

A seminar will be held in the Common Room at 5.15pm on Monday next week:"Depression: an issue in the practice of law. Presented by Justice Marshall and chaired by Arthur Moses SC. Learn more here.

Coming up in CPD next week

Fri Oct 23 2015

A number of seminars will be held in the Common Room at 5.15pm next week:

Monday 26 October:"Depression: an issue in the practice of law. Presented by Justice Marshall and chaired by Arthur Moses SC. Learn more here.

Tuesday 27 October:"Second Annual Spigelman Public Law Oration". Presented by The Hon J Allsop AO Chief Justice and chaired by Neil Williams SC. Learn more here.

Thursday 29 October:"Under 5's - Could you improve your Performance at the Bar?". Presented by Shannon Dolan and Lucy Cornell and chaired by Phil Greenwood SC. Learn more here

National Court Framework draft practice notes

Thu Oct 22 2015

The Federal Court is seeking comment on the following draft practice notes on their website.

  • Central Practice Note
  • Administrative and Constitutional Law and Human Rights NPA Practice Note
  • Admiralty and Maritime NPA Practice Note
  • Commercial and Corporations NPA Practice
  • Employment and Industrial Relations NPA Practice Note
  • Intellectual Property NPA Practice Note
  • Native Title NPA Practice Note
  • Taxation NPA Practice Note

The Bar Association will be providing a collective summary response to the Federal Court on the draft practice notes. Any members who wish to provide input can send comments to amcconnachie@nswbar.asn.au by Friday 13 November.

Coming up in CPD next week

Thu Oct 22 2015

A number of seminars will be held in the Common Room at 5.15pm next week:

Monday 26 October:"Depression: an issue in the practice of law. Presented by Justice Marshall and chaired by Arthur Moses SC. Learn more here.

Tuesday 27 October:"Second Annual Spigelman Public Law Oration". Presented by The Hon J Allsop AO Chief Justice and chaired by Neil Williams SC. Learn more here.

Thursday 29 October:"Under 5's - Could you improve your Performance at the Bar?". Presented by Shannon Dolan and Lucy Cornell and chaired by Phil Greenwood SC. Learn more here

NSW Lawyers Orchestra

Thu Oct 22 2015

Expressions of interest are sought from all musicians in the legal field across New South Wales to register to play in the first season of the NSW Lawyers Orchestra.

Commitment required

It is anticipated that the orchestra will be established at the beginning of law term 2016. The orchestra will have two concerts a year, in June and November. February to June 2016 will be the first season. July to November 2016 will be the second season. Music scores will be distributed to members approximately 2-4 months prior to each concert and player’s practise in their own time. There will only be 4-6 rehearsals prior to each concert. The orchestra is designed for busy legal practitioners and legal practitioners, legal employees or law students who come from rural parts of New South Wales that cannot commute for weekly rehearsals.

Conductor

The conductor is Sydney barrister and experienced legal practitioner Peter Godkin. Prior to being admitted as a legal practitioner in NSW, Peter was the head of music of a leading independent school in Sydney for several years. He is experienced in conceiving, planning and implementing large scale concerts featuring over 600 performers to an audience in excess of 1200. Peter has conducted in the Sydney Opera House and is an experienced and inspiring orchestral trainer and conductor. Peter is a graduate of the NSW State Conservatorium of Music and holds the Fellowship diploma in performance from Trinity College London.

Who is this orchestra designed for?

Players from all parts of NSW, rural, regional and metropolitan and those from country areas of NSW are encouraged to register. The orchestra is open to legal practitioners, other legal employees and law students representing general practice and all specialities. The goal of each concert is to culminate the months of work by many people who share a dream of combining their passion for music with their professional commitments in law; and wish to turn that dream into a reality.

As the orchestra develops, we would welcome assistance from professional musicians who may tutor different sections in the orchestra; players will have the experience of playing in an orchestra and the added inspiration of opportunities that may arise to work with internationally renowned soloists.

As the orchestra develops it is expected that the orchestra will support charities in both the arts and law, as well as take part in a variety of significant events.

To register for the first season email the following details to Sarah Haddad (shaddad@lathamchambers.com.au):

  • Full Name:
  • Date of Birth:
  • Instrument played:
  • Work address (or university and degree if you are a tertiary law student):
  • Email address:
  • Telephone numbers:
  • AMEB level (or equivalent) and brief summary of any orchestral experience

Advocacy courses designed by barristers for barristers

Thu Oct 22 2015

The next Advanced Trial Advocacy Intensive will be held in Melbourne on 18-22 January 2016. The coaching faculty will include Federal and Supreme Court judges, Australian and international counsel from England, Ireland, New Zealand, South Africa and Singapore, as well as performance and voice coaches with expertise in voice, movement and impact. For more information, or to register, please visit the Advocacy Training Council's website.

Vale Thomas Swanson Davidson (1932-2015)

Wed Oct 21 2015

Tom Davidson QC, former Crown prosecutor and District Court judge, died on 17 October 2015. A funeral will be held at St James Anglican Church, King Street, Turramurra, on Monday, 26 October 2015 at 10.00am.

CIArb Accelerated Route Toward Fellowship Course, Melbourne, 7 ­ 8 November 2015

Wed Oct 21 2015

Registrations are open for the Chartered Institute of Arbitrators (CIArb) Accelerated Route Towards Fellowship (ARF) Course which will be held in Melbourne on 7 - 8 November 2015. It is intended for suitably qualified candidates who are practising lawyers with at least 10 years standing and who have substantial experience in arbitration. The course syllabus is based on international commercial arbitration.

Places are strictly limited. More information about the course and how to register is here.

Position vacant: Public Defender

Wed Oct 21 2015

Attorney General Upton is seeking applications from qualified persons for appointment as a public defender under the Public Defenders Act 1995 for a fixed term of up to seven years that may be renewed, subject to an initial twelve-month probationary period. Learn more here.

Bench and Bar Lunch

Wed Oct 21 2015

The Bench and Bar Lunch on Thursday, 22 October 2015 at the Hyde Park Barracks Cafe is now sold out. InBrief will advise members of the time and place for subsequent lunches.

Public Law Section Dinner 27 October

Wed Oct 21 2015

The second Spigelman Public Law Oration will be delivered in the Bar Association Common Room at 5.15pm on Tuesday, 27 October 2015 by the Hon James Allsop AO, chief justice of the Federal Court of Australia. The topic will be "Values in Public Law". The oration will be followed by the annual dinner of the Public Law Section (formerly the Constitutional and Administrative Law Section) of the NSW Bar. Learn more here.

Readers and Tutors – Unpaid Work

Wed Oct 21 2015

Members are reminded of paragraphs 46 and 47 of the Reader / Tutor Guidelines which provide guidance on the payment of readers in circumstances where they undertake devilling work for tutors.

Although no rigid rule is laid down, it is important to recognise that readers are not unpaid research assistants. It is inappropriate for tutors to require readers to undertake significant work without sharing the benefits that flow from that work.

Readers should not expect to be paid for all the work that they undertake for their tutors. The work is often given for the reader's benefit, not for that of the tutors. An expectation by readers of payment for all work undertaken will only lead to a 'drying up' of the opportunities to learn from doing work. On the other hand, an expectation by tutors of significant work being undertaken by readers without payment and without sharing any benefits of such work is inappropriate and exploitative.

It is important that readers and tutors understand and accept the ground rules at the outset and that an arrangement be reached whereby readers are remunerated for significant work undertaken for their tutors.

Jane Needham SC
President

Nanny Pilot Programme – Applications closing soon

Wed Oct 21 2015

Families struggling to access child care and who require more flexible arrangements can apply to participate in the Australian Government’s new Nanny Pilot Programme. The two-year pilot will begin in 2016 and provide fee assistance to help eligible families with the cost of using a nanny in their family home.

This is a great opportunity for parents, particularly those who live away from existing child care, or who work non-standard hours—like police officers, nurses, firefighters and other emergency workers, or those in the hospitality industry.

Families are eligible if they earn less than $250,000, both parents (or in the case of a sole parent family, the sole parent) work, train or study at least eight hours a fortnight, and at least one parent is an Australian citizen or permanent resident.

Families have until 5pm AEDT on 30 October 2015 to apply.

To find out whether you’re eligible and to apply, go to the Department of Social Services website.

Coming up in CPD tonight

Wed Oct 21 2015

A seminar will be held in the Common Room at 5.15pm tonight: "Conversations about Equitable Briefing". Presented by Arthur Moses SC, Kate Eastman SC and Zoe Hillman and chaired by Jane Needham SC. Learn more here